03-02-1999 Agenda Recap CiW of Aventura
......... Cit~ Commission CitF Manager
i~i] Arthur I. Snyder, Mayor Eric M. Soroka
Harry Holzberg, Vice Mayor
CitF Clerk
Arthur Berger Teresa M. Smith, CMC
Jay 1L Beskin
,~,~~~ Ken Cohen CitF Attorne~
Jeffrey M. Perlow Weiss Serota Helfman
~r_p of ExceW Patricia Rogers-Libert Pastoriza & Guedes
AGENDA
RECAP
Commission Meeting
March 2, 1999 - 6:00 P.M.
Biscayne Medical Arts Center
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
1. 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 object or comment upon these
items, please indicate the item number you would like to address when the announcement regarding
the quasi-judicial item is made. You must be swom before addressing the Comrmssion, and if you
wish to address the Commassion, you may be subject to cross-examination. If you refuse to submit
to cross-examination, the Comrmssion will not consider what you have said in its final
deliberations.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS PURSUANT TO ORDINANCE 96-09
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING A NON-USE VARIANCE TO
PERMIT THE UNENCLOSED COURTYARD AREA AT AVENTURA
MALL, LOCATED AT 19501 BISCAYNE BOULEVARD, TO BE
CONSIDERED AS INTERIOR SPACE; PROVIDING AN EFFECTIVE
DATE.
Action taken: Approved, with amendment requiring approval by Fire Dept.
March 2, 1999 Commission Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF PROPERTY CURE
FOR EMINENT DOMAIN PROCEEDINGS FOR PROPERTY LOCATED
AT 20708 BISCAYNE BOULEVARD AND LEGALLY DESCRIBED IN
EXItlBIT #1; GRANTING A NON-USE VARIANCE OF SETBACK
REQUIREMENTS TO WAIVE FIVE FEET (5') OF THE REQUIRED
FIFTEEN FOOT (15') SIDE STREET SETBACK WHERE A TEN FOOT
(10') SETBACK IS PROPOSED (BISCAYNE BOULEVARD); GRANTING
A RELEASE OF PREVIOUSLY APPROVED RESOLUTION NO. 3-ZAB-
449-65; GRANTING A NON-USE VARIANCE OF DECORATIVE
MASONRY WALL REQUIREMENTS WHERE NO WALL IS
PROPOSED; GRANTING A NON-USE VARIANCE TO WAIVE THREE
FEET (3') OF THE REQUIRED TEN FOOT (10') LANDSCAPE STRIP
BETWEEN A DECORATIVE MASONRY WALL AND PROPERTY LINE
WHERE SEVEN FOOT (7') OF LANDSCAPING IS PROPOSED;
GRANTING A NON-USE VARIANCE OF SETBACK REQUIREMENTS
TO WAIVE FIVE FEET (5') OF THE REQUIRED TWENTY FOOT (20')
REAR SETBACK WHERE A FIFTEEN FOOT (15') SETBACK IS
PROPOSED (NE 28 AVENUE); GRANTING A NON-USE VARIANCE
PROHIBITING PARKING SPACES TO BACK INTO AN ADJACENT
PRIVATE OR PUBLIC STREET WHERE THE PROVISION OF TWO (2)
SUCH SPACES IS PROPOSED; PROVIDING AN EFFECTIVE DATE.
Action taken: Approved, with amendments that 2 parking spaces include appropriate
signage as "Employees Only" parking and in the event parking spaces are deemed to be
traffic hazards, issue to be revisited by Commission
4. APPROVAL OF MINUTES: Commission Meeting February 2, 1999
Commission Workshop February 16, 1999
Action taken: Approved
5. AGENDA: Request for Deletions/Emergency Additions
6. SPECIAL PRESENTATIONS: .None.
7. CONSENT AGENDA:
A. A RESOLUTION OF THE CITY COMMSSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED JOINT PROJECT AGREEMENT FOR
HIGHWAY LANDSCAPING IMPROVEMENTS ALONG BISCAYNE
BOULEVARD PHASE FOUR BY AND BETWEEN THE CITY OF
AVENTURA AND STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO DO
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March 2, 1999 Commission Meeting
ALL THINGS NECESSARY TO CARRY OUT THE AlMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute Joint Project Agreement with Florida
Department of Transportation to allow installation of landscaping on Biscayne
Boulevard from Miami Garden Drive south to end of City)
Action taken: Approved
B. MOTION TO RATIFY THE CITY MANAGER'S RE-APPOINTMENT OF
JUDGE ALFRED ("FRED") NESBITT AND HERBERT L. KLIGER, J.D.
AND APPOINTMENT OF ROBERT A. FRIEDMAN AS SPECIAL
MASTERS
(Provides for appointment of Special Masters for Code Enforcement Hearings)
Action taken: Deferred for further discussion at March 22nd Workshop Meeting
C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CITY CODE CHAPTER 2, ADMINISTRATION, ARTICLE
VI, LOBBYING ACTIVITIES, BY AMENDING IN SECTION 2-371(2)
THE DEFINITION OF LOBBYIST; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE
(Amends Lobbyist regulations to clarify the definition of lobbyist)
Action taken: Approved
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA CONCERNING THE CITY ELECTION OF
MARCH 2, 1999, DECLARING QUALIFYING UNOPPOSED
CANDIDATES ELECTED TO OFFICE OF COMMISSIONER FOR
SEATS 1, 3 AND 5 WITHOUT NECESSITY FOR FURTHER CONDUCT
OF ELECTION PROCESS, AS CERTIEIED BY THE CITY CLERK; AND
PROVIDING AN EFFECTIVE DATE.
(Adopts certification of election results declaring qualifying unopposed candidates
re-ejected to office)
Action taken: Approved
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 99-2-12-2, LIBRARY AND MALL ENTRANCE SIDEWALK
AND CURB IMPROVEMENTS, TO COLONNA CONSTRUCTION
COMPANY, INC., AT THE BID PRICE OF $30,601.00 AUTHORIZING
THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF Tills
RESOLUTION; PROVIDING FOR TIlE APPROPRIATION AND
ALLOCATION OF FUNDS FOR SAID BID AWARB; AND PROVIDING
FOR AN EFFECTIVE DATE.
March 2, 1999 Commission Meeting
(Awards bid for librmy and mall entrance sidewalk and curb improvements to
Colonna Construction Company)
Action taken: Approved
F. A RESOLUTION OF T~lE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE ISLAND ESTATES PHASE I
FINAL PLAT SECTION 10 AND SECTION 11, TOWNSHIP 52 SOUTH,
RANGE 42 EAST CITY OF AVENTURA, MIAMI-DADE COUNTY,
FLORH)A; PROVIDING FOR RECORDATION; PROVIDING AN
EFFECTIVE DATE.
(Approves final plat for Island Estates Phase I)
Action taken: Approved (Resolution revised prior to meeting
G. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $45,000
FOR POLICE RADIOS AND DRUG AND CRIME PREVENTION
PROGRAMS FROM THE POLICE FORFEITURE FUND IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM
DATED FEBRUARY 25, 1999
(Authorizes expenditure from Police Forfeiture fund for radios and drag and crime
prevention programs)
Action taken: Approved
H. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING VEHICLE HANDBILL ORDINANCE PROHIBITING THE
DEPOSIT OR PLACEMENT OF COMMERCIAL ADVERTISING
MATERIAL UPON VEHICLES PARKED ON STREETS OR PARKED
UPON CERTAIN OFF-STREET PARKING AREAS; PROVIDING FOR
PURPOSE AND LEGISLATIVE FINDINGS; PROVIDING
DEFINITIONS; PROVIDING APPLICABILITY; PROVIDING
PROHIBITION OF VEHICLE HANDBILLS; PROVIDING SIGNAGE
REQUIREMENTS; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY;
PROVIDING FOR EFFECTIVE DATE.
(Establishes regulations for vehicle handbills)
Action taken: Approved
I. A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE EXECUTION AND DELIVERY OF AN
1NTERLOCAL AGREEMENT WITH OTHER GOVERNMENTAL
UNITS WHICH HAVE CREATED THE FLORIDA MUNICIPAL LOAN
COUNCIL; AUTHORIZING THE NEGOTIATION OF A LOAN IN AN
AGGREGATE AMOUNT NOT TO EXCEED $21,000,000 FROM THE
FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE
ACQUISITION, CONSTRUCTION AND ERECTION OF CERTAIN
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March 2, 1999 Commission Meeting
CAPITAL PROJECTS; APPROVING THE EXECUTION AND
DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA
MUNICIPAL LOAN COUNCIL; PROVIDING CERTAIN OTHER
MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN;
AND PROVIDING AN EFFECTIVE DATE.
(Authorizes participation in Florida Municipal Loan Council program to obtain
$21 million in long-term financing)
Action taken: Approved
8. PUBLIC HEARING: ORDINANCES - FIRST READING:
AN ORDINANCE OF THE C1TY OF AVENTURA, FLORIDA EXTENDING
THE DURATION OF THE EXISTING BUILDING MORATORIUM ON
ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT
PERMITS WITHIN THE, CITY CONCERNING BUILDING HEIGHT
LIMITATIONS AS PREVIOUSLY IMPOSED PURSUANT TO ORDINANCE
NO. 98-20 OF THE C1TY OF AVENTURA; BY AMENDING SECTION 7
"TERM" OF ORDINANCE NO. 98-20 TO PROVIDE FOR EXTENSION OF
SUCH MORATORIUM, SO AS TO ENABLE CITY'S LAND
DEVELOPMENT REGULATIONS TO BE COMPLETED AND
IMPLEMENTED; PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE.
Action taken: Approved
9. PUBLIC HEARINGS: ORDINANCES - SECOND READING:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED
CABLE FRANCHISE AGREEMENT BY AND BETWEEN THE CITY
AND TCI TKR OF SOUTH FLORIDA, INC.; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE
DATE.
Action taken: Approved
B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 98-22, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 1998/99 FISCAL YEAR
BY REVISING THE 1998/99 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
Action taken: Approved
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March 2, 1999 Commission Meeting
q 0. RESOLUTIONS:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE CHANGE OF CONTROL OF
THE TCI TKR OF SOUTH FLORIDA, INC CABLE TELEVISION
FRANCHISE FROM TCI TO AT&T CORP.; AND PROVIDING FOR AN
EFFECTIVE DATE.
Action taken: Deferred to April Commission meeting and discussion at March Workshop
meeting
q q. OTHER BUSINESS: None
q 2. REPORTS
q 3. PUBLIC COMMENTS
q4. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
COMMISSION WORKSHOP MARCH 22, 1999 9 A.M.*
COMMISSION MEETING APRIL 6, 1999 6 P.M. **
*Government Center 2999 NE 191a Street Suite 500
**Biscayne Medical Arts Building 21110 Biscayne Blvd. Suite 101
This meeting is opaa to the public. In accordance with the Amerieans with Disabilities Act of 1990, all p~sons who are disabled and who need special
accoam*odations to participate in this meeting because of that disability should contact the Office of the City Cleft% 305-466-8901, not later than two
days prior to such proceeding
Anyone wishingto appeal any decision made by the Aventura City Commission with reopect to any mat~- considered at such me~ing or hearing will
need a record of'the proceedings and, for s~ch purpose~ may need to ensure that a verbatim record of the proceedings is made, which record includes
the testitnca~y and evidence upc~ which the appeal is to be based.
Agenda items may be viewed at the Office of thc City Cled% City of Aventura Government Caater, 2999 NE 1914 Street, Suite 500, Aventura,
Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Cl~k at 305-466-8901.