08-01-2000 Commission Meeting U.~. CITY COMMISSION MEETING 21110 Biscayne Boulevard Suite 101
TUESDAY, AUGUST 1, 2000 6 PM A~tura. Flodda 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin,
Ken Cohen, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Jeffrey M. Perlow
(arrived at the conclusion of item 3A), Mayor Snyder, City Manager Eric M. Soroka, City
Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: County Court Judge Nancy Pollack led the pledge of
allegiance.
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
Ex-parte communications by Commissioners, if any, were disclosed and filed
with the City Clerk in accordance with Ordinance 96-09. All witnesses giving
testimony in these hearings were sworn in by the City Clerk.
A. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ABANDONING AN UNIMPROVED, 138-FOOT
SEGMENT OF NE 208 TERRACE, LOCATED BETWEEN BLOCKS 10
AND 11 OF THE HALLANDALE PARK NO. 9 SUBDIVISION AND AN
UNIMPROVED 205-FOOT SEGMENT OF 10' WIDE ALLEY, LOCATED
IN BLOCK 10 OF THE HALLANDALE PARK NO. 9 SUBDIVISION;
PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE
DATE.
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. A motion for approval was
offered by Commissioner Rogers-Libert, and seconded by Commissioner
Berger. Mayor Snyder opened the public hearing. There being no speakers,
the public hearing was closed. The motion for approval passed unanimously (6-
0) with Commissioner Perlow absent from the room and Resolution No. 2000-
48 was adopted.
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR
HOOTERS RESTAURANT OF AVENTURA, LOCATED AT 20301
BISCAYNE BOULEVARD, TO PERMIT THE DISPLAY OF HOLIDAY
DECORATION LIGHTS ON A YEAR-ROUND BASIS WHERE THE SIGN
CODE PERMITS THE DISPLAY OF SUCH LIGHTS ONLY DURING A
45-DAY DESIGNATED HOLIDAY SEASON; DENYING A SIGN
VARIANCE TO PERMIT A THIRD WALL SIGN, SIZE NOT TO EXCEED
24 SQUARE FEET IN AREA ON THE SOUTH ELEVATION OF THE
BUILDING WHERE ONLY TWO (2) WALL SIGNS ARE ALLOWED BY
CODE; PROVIDING AN EFFECTIVE DATE
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. A motion for approval was
offered by Commissioner Berger and seconded by Vice Mayor Perlow. Mayor
Snyder opened the public hearing. Richard Simeone, representative of the
applicant, addressed the Commission. There being no further speakers, the
public hearing was closed. An amendment was offered by Commissioner
Perlow, seconded by Commissioner Rogers-Libert and unanimously passed to
include a Whereas clause noting the special situation due to location and
hardship created by construction of the flyover and to include the conditions
contained in the staff report. Approval of applicant's request for holiday lights
passed, 4-3, with Commissioners Berger, Cohen and Holzberg voting no.
Applicant's request for third wall sign was unanimously denied. The motion for
approval, as amended, passed unanimously and Resolution No. 2000-49 was
adopted.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the July 11, 2000
Commission meeting, July 24, 2000 Commission Meeting and July 24, 2000
Commission Workshop Meeting was offered by Commissioner Rogers-Libert,
seconded by Commissioner Berger and unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
6. SPECIAL PRESENTATIONS: Mayor Frank Wolland, City of North Miami,
addressed the Commission and requested Commission adopt a resolution
supporting the creation of a regional park in North Miami. A motion in support was
offered by Commissioner Berger, seconded by Commissioner Rogers-Libert and
unanimously passed. Resolution to be addressed at September Commission
meeting.
A Certificate of Appreciation was presented to resident Leonard Geller for his efforts
in hurricane preparedness.
7. CONSENT AGENDA: Vice Mayor Perlow requested removal of item 7B from the
Consent Agenda. A motion to approve the remainder of the Consent Agenda was
2
offered by Commissioner Rogers-Libert, seconded by Commissioner Berger,
unanimously passed and the following action was taken:
A. Resolution No. 2000-50 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED EASEMENT AGREEMENT TO FLORIDA
POWER & LIGHT COMPANY FOR THE CONSTRUCTION, OPERATION
AND MAINTENANCE OF ELECTRIC UTILITY FACILITIES FOR THE
AVENTURA GOVERNMENT CENTER PROPERTY; AND PROVIDING
AN EFFECTIVE DATE.
The following item was removed from the Consent Agenda and addressed
separately:
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA URGING ALL RESIDENTS NOT TO USE HAND-
HELD CELLULAR TELEPHONE DEVICES WHILE OPERATING A
MOTOR VEHICLE, AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Cohen. An amendment was offered by Vice
Mayor Perlow, seconded by Commissioner Rogers-Libert and
unanimously passed to amend the first Whereas clause to provide
accidents which may have been caused...; to amend the second
Whereas clause to include that the City Commission deems it to be in the
best interest for the furtherance of the public's safety and welfare . . .
unless for emergency purposes; to delete the third Whereas clause and
to amend Section 2 to read The City Commission urges the federal
government to regulate the use of hand-held cellular telephones while
operating motor vehicles. The motion for approval, as amended passed
unanimously and Resolution No. 2000-51 was adopted.
8. PUBLIC HEARINGS: ORDINANCES - FIRST READING:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 30, "ENVIRONMENT," BY
CREATING ARTICLE VI, "PROPERTY MAINTENANCE," PROVIDING
FOR PROPERTY MAINTENANCE STANDARDS; PROVIDING FOR
3
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR PENALTY; AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Beskin and seconded
by Commissioner Rogers-Libert. Mr. Soroka noted amendments to be made
prior to second reading. Mayor Snyder opened the public hearing. Thers
being no speakers, the public hearing was closed. The motion for approval
passed unanimously by roll call vote.
B. Mr. Wolpin rsad the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY CREATING CHAPTER 48 "VEHICLES; USE OF
RIGHT-OF-WAY; PARKING; AND OTHER REGULATIONS," BY
CREATING ARTICLE I "ABANDONED VEHICLES AND VESSELS;"
ARTICLE II "USE OF RIGHT-OF-WAY; PARKING; AND OTHER
REGULATIONS;" PROVIDING PROCEDURES FOR REMOVAL OF
ABANDONED VEHICLES FOUND ON PUBLIC PROPERTY AND/OR
PRIVATE PROPERTY; PROVIDING REGULATIONS PROHIBITING
COMMERCIAL USE OF RIGHT-OF-WAY; PROVIDING REGULATIONS
CONCERNING PARKING AND STORAGE OF CERTAIN VEHICLES
AND BOATS; PROVIDING OTHER PARKING REGULATIONS;
PROVIDING REGULATIONS CONCERNING REPAIR OF VEHICLES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Rogers-Libert, and
seconded by Commissioner Cohen. Mayor Snyder opened the public
hearing. Thers being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 30 "ENVIRONMENT" OF THE CITY CODE BY AMENDING
ARTICLE V "TERMITE DAMAGE PREVENTION" BY AMENDING
SECTION 30-180 "TERMITES; DEVELOPMENT OF LAND; ANNUAL
INSPECTION;" TO CLARIFY AND CONFIRM APPLICABILITY TO ALL
SINGLE FAMILY, DUPLEXES, TOWNHOUSES, AND MULTI-FAMILY
DWELLINGS, AND TO REQUIRE CERTAIN HOMEOWNERS
ASSOCIATIONS TO NOTIFY INDIVIDUAL HOMEOWNERS OF
HOMEOWNERS' RESPONSIBILITY FOR COMPLIANCE WITH
4
ANNUAL TERMITE INSPECTION REQUIREMENTS; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and
seconded by Commissioner Cohen. Mayor Snyder opened the public
hearing. There being no speakers, the public hearing was closed. Mr.
Wolpin noted clarifying amendments to be made prior to second reading.
The motion for approval passed unanimously by roll call vote.
9. PUBLIC HEARING: ORDINANCES - SECOND READING:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING
THE CITY CODE BY AMENDING CHAPTER 14 "BUILDINGS AND
BUILDING REGULATIONS" BY AMENDING SECTION 14-62
"REGISTRATIONS" TO PROVIDE FOR DATE FOR ANNUAL RENEWAL
OF CONTRACTOR REGISTRATION; AND TO CLARIFY REGISTRATION
REQUIREMENTS TO CONFORM TO FLORIDA STATE STATUTES;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
SEVERABIMTY; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert, and
seconded by Commissioner Berger. Mayor Snyder opened the public
hearing. There being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote and Ordinance
No. 2000-19 was enacted.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING
THE CITY CODE BY AMENDING CHAPTER 18 "BUSINESS
REGULATIONS, LICENSES AND PERMITS" BY AMENDING SECTION
18-33(a) TO DELETE REQUIREMENT TO FIRST OBTAIN COUNTY
OCCUPATIONAL LICENSE; BY AMENDING SECTION 18-34 TO
PROVIDE FOR REQUIREMENT OF CERTIFICATE OF USE; AND BY
AMENDING SECTION 18-42 "TAX SCHEDULE," TO REVISE THE
OCCUPATIONAL LICENSE TAX RATE FOR MANICURISTS AND TO
SPECIFY OCCUPATIONAL LICENSE TAX RATES FOR
IMPORT/EXPORT; PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR SEVERABIMTY; PROVIDING FOR AN EFFECTIVE DATE.
5
A motion for approval was offered by Commissioner Rogers-Libert, and
seconded by Commissioner Berger. Mayor Snyder opened the public
hearing. There being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote and Ordinance
No. 2000-20 was enacted.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 45 OF THE CITY CODE BY ADDING SECTIONS 1
THROUGH 16; PROVIDING THE TERMS AND CONDITIONS FOR THE
ERECTING, CONSTRUCTING, AND MAINTAINING OF A
TELECOMMUNICATIONS FACILITY IN, ON, ACROSS, ABOVE OR IN
ANY MANNER WHATSOEVER USING THE CITY'S PUBLIC RIGHTS
OF WAY FOR THE PROVISION OF TELECOMMUNICATIONS
SERVICE; PROVIDING ASSURANCES THAT THE CITY'S PUBLIC
RIGHTS OF WAY ARE USED IN THE PUBLIC INTEREST; PROVIDING
FOR CONFORMANCE WITH APPLICABLE LAW; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin and seconded
by Commissioner Rogers-Libert. Mayor Snyder opened the public
hearing. The following individuals addressed the Commission: Braulio
Baez, Esq., the City's telecommunications counsel; and Wilbert Tee
Holloway, representative of BellSouth Mobility. Mr. Baez noted one minor
clerical amendment. There being no further speakers, the public hearing
was closed. The motion for approval passed unanimously by roll call vote
and Ordinance No. 2000-21 was enacted.
10. RESOLUTIONS: None.
11. OTHER BUSINESS: None.
12. PUBLIC COMMENTS: Arthur DeFillippo, 20291 NE 30th Avenue; Jeff Rose,
3630 Yacht Club Drive, both students at Michael Krop High School; and Sam
Levine, 3370 NE 190th Street.
13. REPORTS: As presented.
6
14. ADJOURNMENT: There being no further business to come before the
Commission at this time, after motion made, seconded and unanimously passed,
the meeting adjourned at 7:30 p.m.
. ' I,~'i i-'~, ,'"t, ~ ',, ,-
Toges~ M. SOroka, ~,MC, City Clerk
Approved by the Commission on September 5, 2000.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
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.
7