11-14-2000 City Commissioa Citr ~[ana~¢r
Arthur L Snydcr, Mayor Eric M~ $oroka
Ave~t~dr~ Arthur Berger CitvCIerk
Jay R. Beskh] Teresa M~ $oroka, CMC
Ken Cohen
Harry Holzberg City Attomeg
J]eflYey M. Per]ow Weiss Serota Helfman
Patricla Rogers-Libert Pastorlga & Guedes
AGENDA
NOVEMBER 2ODD- 6 PM
Biscayne Medical Arts Building
2] 110 Biscayne Boulevard Suite 10I
Aventura, Florida 33180
'l. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS Please be advised that the following items on the Commission's agenda
are quasi-judicial in nature. If you wish to commenl upon any of these items, please in,btm the Mayor when he requests
public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff
have made their presentations on each item. All testimony, including public testimony and evidence, will be made
under oath or affirmation. Additionally, each person who gives testimony may' be subject to cross-examination. If you
refuse either to be cross-examined or to be sworn, your testimony will not be considered. The general public will not be
permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staffor witnesses
on their behal£ Persons representing organizations must present evidence of their authority to speak for the
organization. Further details of the quasi-judicial procedures may be obtained from the Clerk.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA DENYING A SIGN VARIANCE FOR
AVENTURA COMMONS ASSOCIATES~ LTD., LOCATED AT
21005-21265 BISCAYNE BOULEVARD~ TO PERMIT A
MONUMENT SIGN MEASURING 75 SQUARE FEET IN AREA
WHERE A MAXIMUM OF 48 SQUARE FEET IS PERMITTED
BY CODE; APPROVING A SIGN VARIANCE TO PERMIT A
PORTION OF A MONUMENT SIGN TO BE USED TO DISPLAY
THE NAME OF A RETAIL TENANT NOT LOCATED ON THE
SAME PARCEL (OFF-PREMISE SIGN); PROVIDING AN
EFFECTIVE DATE.
Action taken: Adopted, with amendments, including approval of 75 sq. ft. sign
with conditions, as Resolution No. 2000-66
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA~ FLORIDA GRANTING APPROVAL OF A
VARIANCE FROM SECTION 802.3.2 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW A SEVEN (7)
FOOT DRIVEWAY SEPARATION BETWEEN DRIVEWAYS OF
MULTI-FAMILY RESIDENTIAL PARCELS ON COLLECTOR
ROADS WHERE A DRIVEWAY SEPARATION OF 150 FEET IS
REQUIRED FOR PROPERTY LOCATED AT 20185 EAST
COUNTRY CLUB DRIVE; PROVIDING AN EFFECTIVE DATE.
Action taken: Deferred to January 2001 meeting
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA GRANTING AN EXTENSION OF A
SIGN VARIANCE PURSUANT TO RESOLUTION NO. 98-68
PASSED AND ADOPTED AUGUST 4, 1998; TO PERMIT ONE
TEMPORARY SALES/DESIGN CENTER SIGN FOR COSCAN
HOMES, KNOWN AS "THE POINT AT THE WATERWAYS";
PROVIDING FOR AN EFFECTIVE DATE.
Action taken: Adopted as Resolution No. 2000-67
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA MODIFYING THE APPROVALS
GRANTED PURSUANT TO RESOLUTION NO. 98-88 PASSED
AND ADOPTED NOVEMBER 17, 1998; TO DELETE THE
PARKING SPACE VARIANCE; TO GRANT A NEW SETBACK
VARIANCE TO PERMIT A 5 FOOT SETBACK AT THE
INTERIOR SIDEYARD ABUTTING A RESIDENTIALLY
ZONED PROPERTY, WHERE 15 FEET IS REQUIRED; TO
MODIFY THE LANDSCAPING VARIANCE FOR PROPERTY
LOCATED AT 18851 NE 29 AVENUE, AVENTURA;
PROVIDING AN EFFECTIVE DATE.
Action taken: Adopted, with amendments, as Resolution No. 2000-68
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA GRANTING APPROVAL OF A
VARIANCE FROM SECTION 703.4.3(g) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW ONE 15-FOOT
BUILDING SEPARATION AND ONE 16-FOOT BUILDING
SEPARATION WHERE A MINIMUM BUILDING SEPARATION
OF 30 FEET IS REQUIRED FOR PROPERTY LOCATED AT
21395 AND 21396 MARINA COVE CIRCLE; PROVIDING AN
EFFECTIVE DATE.
Action taken: Adopted as Resolution No. 2000-69
F. REPORT ON STATUS OF CHABAD HOUSE OF NORTH DADE
PURSUANT TO APPROVAL GRANTED AT THE JUNE 6, 2000
COMMISSION MEETING
Action taken: Status report provided to Commission - trailers to be removed by
12/13/2000.
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4. APPROVAL OF MINUTES: Commission Meeting October 3, 2000
Commission Meeting October 24, 2000
Commission Workshop October 24, 2000
Commission Workshop November 8, 2000
Action taken: Approved
5. AGENDA: Request for Deletions/Emergency Additions
6. SPECIAL PRESENTATIONS: None.
7. CONSENT AGENDA: Matiers included under the Consent Agenda are self-explanatory and
are not expected to require discussion or review. Items will be enacted by one motion. If discussion
is desired by any member of the Commission, that item must be removed from the Consent Agenda
and considered separately.
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED INTEREOCAL
AGREEMENT BY AND BETWEEN CO-PERMITTEES IN
NPDES PERMIT NO. FLS000003 PROVIDING FOR CONTROL
OF POLLUTANT DISCHARGES BETWEEN SEPARATE
MUNICIPAL STORM SEWER SYSTEMS; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute Interlocal Agreement to provide
for control of pollutant discharges between municipal storm sewer
systems)
Action taken: Adopted as Resolution No. 2000-70
B. MOTION TO APPOINT THE FOLLOWING INDIVIDUALS TO
SERVE ON THE CHARTER REVISION COMMISSION
EFFECTIVE DECEMBER 1, 2000: COMMISSIONER HARRY
HOLZBERG, BURTON YOUNG, ESQ. , LEONARD BRENNER,
MICHAEL ABRAMS, ESQ. AND GINGER GROSSMAN
(Provides for appointment of Charter Revision Commission)
Action taken: Approved
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS
SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE
MANNER OF DISPOSAL; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
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(Declares certain conmqunications equipment surplus to the needs of the
Police Department)
Action taken: Adopted as Resolution No. 2000-71
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 15414.72 FOR PROFESSIONAL DESIGN
SERVICES FOR THE NE 30TM AVENUE STORM WATER AND
ROADWAY IMPROVEMENTS PROJECT BY AND BETWEEN
THE CITY OF AVENTURA AND KEITH AND SCHNARS, P.A.;
AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute work authorization for storm
drainage and roadway improvements to NE 30th Avenue)
Action taken: Adopted as Resolution No. 2000-72
E. MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$14,200 FOR FURNITURE, EQUIPMENT AND CRIME
PREVENTION PROGRAMS FOR THE POLICE DEPARTMENT
FROM THE POLICE FORFEITURE FUND IN ACCORDANCE
WlTH CITY MANAGER'S MEMORANDUM.
(Authorizes appropriation of funds for Police Department furniture,
equipment and crime prevention programs)
Action taken: Approved
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, RELATING TO THE
SETTLEMENT OF THAT CERTAIN LAWSUIT ENTITLED
"RUTH PRESENT, TRUSTEE AND MARION MUTCHNIK VS.
SNYDER, ET AL, CASE NO. 99-3084-CI¥-SEITZ" AND
RELATED CLAIM UNDER SECTION 70.001, FLORIDA
STATUTES, FOR AN AMOUNT NOT TO EXCEED $650,000;
AUTHORIZING THE ACCEPTANCE OF CERTAIN REAL
PROPERTY AS PART OF THE SETTLEMENT; AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO EXECUTE ALL
DOCUMENTS AND TAKE ALL ACTION NECESSARY TO
IMPLEMENT THE TERMS AND CONDITIONS OF THE
SETTLEMENT; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes settlement of Case No. 99-3084-CIV-Seitz)
Action taken: Adopted, with amendments, as Resolution No. 2000-73
8. PUBLIC HEARING: ORDINANCES - FIRST READING:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE OF THE CITY OF AVENTURA
BY CREATING SECTION 48-20 "PROHIBITION OF RIGHT-
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OF-WAY VENDORS AND SOLICITORS ON CERTAIN ROADS"
OF ARTICLE 1I "USE OF RIGHT-OF-WAY; PARKING; OTHER
REGULATIONS~' OF CHAPTER 48 "VEHICLES; USE OF
RIGHT-OF-WAY; PARKING; AND OTHER REGULATIONS;"
PROHIBITING RIGHT-OF-WAY VENDORS AND SOLICITORS
ON CERTAIN STREETS IN THE CITY; CREATING A
DEFINITION FOR THE TERM "RIGHT-OF-WAY VENDOR
AND SOLICITOR;" PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
PENALTY; PROVIDING FOR EFFECTIVE DATE.
Action taken: Approved on first reading
B. AN ORDINANCE OF THE CITY OF AVENTURA~ FLORIDA
APPROVING AN AGREEMENT FOR EXCHANGE OF
PARCELS BETWEEN THE CITY OF AVENTURA AND
CONCORDE CENTRE I1 ASSOCIATES; AUTHORIZING THE
CITY MANAGER TO FINALIZE AND EXECUTE THE
AGREEMENT; PROVIDING ]FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Action taken: Approved on first reading
9. PUBLIC HEARING: ORDINANCES- SECOND READING:
AN ORDINANCE OF THE CITY OF AVENTURA~ FLORIDA~
AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $6,750,000 IN
AGGREGATE PRINCIPAL AMOUNT OF OBLIGATIONS OF THE
CITY TO FINANCE THE ACQUISITION OF CERTAIN REAL
PROPERTY FOR PUBLIC PARKS~ RECREATION AND
COMMUNITY CENTERS AND THE ACQUISITION,
CONSTRUCTION, EQUIPPING AND INSTALLATION OF VARIOUS
RELATED CAPITAL IMPROVEMENTS AND TO PAY COSTS AND
EXPENSES O]F ISSUING SUCH OBLIGATIONS; PROVIDING FOR A
COVENANT TO BUDGET AND APPROPRIATE LEGALLY
AVAILABLE NON-AD VALOREM FUNDS EACH YEAR TO PAY THE
PRINCIPAL OF~ REDEMPTION PREMIUM~ I]F ANY~ AND INTEREST
ON THE OBLIGATIONS; PROVIDING FOR THE RIGHTS OF THE
HOLDERS O]F SUCH OBLIGATIONS; PROVIDING SEVERABILITY
AND AN EFFECTIVE DATE.
Action taken: Enacted as Ordinance No. 2000-27
10. RESOLUTIONS:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA ACCEPTING THE PROPOSAL OF BANK O]F AMERICA~
N.A. TO PROVIDE THE CITY WITH A LOAN IN THE AGGREGATE
PRINCIPAL AMOUNT OF $6,555,000 TO FUND THE COSTS OF
VARIOUS CAPITAL ACQUISITIONS AND IMPROVEMENTS
RELATING TO PARKS, RECREATION AND COMMUNITY CENTERS
WITHIN THE CITY; APPROVING THE FORM OF, AND
AUTHORIZING THE EXECUTION AND DELIVERY OF, A LOAN
AGREEMENT INCLUDING A REVENUE NOTE ATTACHED
THERETO WITH SAID BANK IN ORDER TO EVIDENCE SAID
LOAN; AUTHORIZING THE REPAYMENT OF THE NOTE UNDER
THE LOAN AGREEMENT ONLY FROM NON-AD VALOREM FUNDS
APPROPRIATED FOR SUCH PURPOSE; DELEGATING CERTAIN
AUTHORITY TO THE CITY MANAGER AND CITY CLERK;
AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER
DOCUMENTS IN CONNECTION THEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
Action taken: Adopted as Resolution No. 2000-74
11. OTHER BUSINESS: None.
12. PUBLIC COMMENTS
13. REPORTS
14. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
NOVEMBER 28,2000 COMMISSION WORKSHOP 9 A.M.*
Government Center 2999 NE 191'~ Street Suite 500
** Biscayne Medical Arts Building 21110 Biscayne Blvd. Suite 101
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled
and who need special accommodations to participate in this meeting because o£that disability should contact the Office of the CiW
Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura
Beautification Advisory Board and/or Recreation and Cultural Arts Advisory Board may be in attendance.
Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 2999 NE 191~ Street, Suite
500, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901