09-04-2001 MINUTES
CITY COMMISSION MEETING
SEPTEMBER 4, 2001 6 PM
Aventura Govemment Center
19200 w. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:57 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin,
Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Ken Cohen,
Mayor Perlow, 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:
3. ZONING HEARINGS: None
4. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: None.
5. SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA: Commissioner Berger requested removal of item 6-D and
item 6-G. A motion to approve the remainder of the Consent Agenda was offered by
Commissioner Rogers-Libert, seconded by Commissioner Holzberg, unanimously
passed and the following action was taken:
A. Minutes were approved with amendments as follows:
August 7, 2001 Commission Meeting
Mayor Perlow requested amendment to clarify in paragraph 10 hand-held
cellular phones.
August 17, 2001 Workshop Meeting
Commissioner Rogers-Libert requested amendment to provide in Item 1
Consensus that the Mayor exercise his prerogative in voting at the
upcoming Florida League of Cities Conference in Orlando.
B. Resolution No. 2001-59 was adopted as follows:
A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 01-08-10-2, NE 30TM AVENUE DRAINAGE
IMPROVEMENTS, TO SOLO CONSTRUCTION CORPORATION AT
THE BID PRICE OF $925,237.90. AUTHORIZING THE CITY MANAGER
TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO
Eo
Fm
CARRY OUT THE AIMS OF THiS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID
AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $27,280
FOR TRAFFIC VIDEO MONITORING STUDY, SATELLITE VIDEO
SYSTEM AND EQUIPMENT AND FIREARMS STORAGE RACK FROM
THE POLICE FORFEITURE FUND IN ACCORDANCE WITH CITY
MANAGER'S MEMORANDUM DATED AUGUST 28, 2001
Resolution No. 2001-60 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE "AVENTURA BAY VILLAS"
PLAT, BEING A PLAT OF A PORTION OF LAND IN THE SOUTH 1/4 OF
THE SOUTH ~/4 OF FRACTIONAL SECTION 3, TOWNSHIP 52 SOUTH,
RANGE 42 EAST AND PORTIONS OF LAND IN THE SOUTH ~/2 OF
THE SOUTH ~/2 OF FRACTIONAL SECTION 3, TOWNSHIP 52 SOUTH,
RANGE 42 EAST, CITY OF AVENTURA, MIAMI-DADE COUNTY,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. 2001-61 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE
AI'rACHED CHANGE ORDER FOR THE AVENTURA GOVERNMENT
CENTER, BY AND BETWEEN THE CITY AND JAMES A. CUMMINGS,
INC; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 2001-62 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE A'FI'ACHED AGREEMENT BETWEEN THE CITY OF
AVENTURA AND ZAMBELLI INTERNATIONAL FIREWORKS
MANUFACTURING CO., INC. FOR THE PROVISION OF FIREWORKS
DISPLAYS AS SET FORTH IN RFP 01-6-29-2; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
2
DATE.
The following items were removed from the Consent Agenda and addressed
separately:
D. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED CONTRACT FOR PROFESSIONAL
LEGISLATIVE RELATIONS AND LOBBYING SERVICES BETWEEN
THE CITY OF AVENTURA AND RONALD L. BOOK, ESQ.,
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert, and
seconded by Vice Mayor Cohen. An amendment was offered by
Commissioner Rogers-Libert, seconded by Vice Mayor Cohen and
unanimously passed to provide in the second sentence of Section VIII
"Such costs that are incurred between BOOK and the CITY". The motion
for approval, as amended, passed unanimously and Resolution No.
2001-63 was adopted.
G. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF
AVENTURA FLORIDA, ACCEPTING DEED AND EASEMENT
CONCERNING DEDICATION OF TWO ACRE PARCEL OF LAND TO
THE CITY OF AVENTURA FOR USE FOR CITY SCHOOL OR OTHER
CITY PURPOSES, SAID LAND BEING SITUATED NORTH OF
NORTHEAST 183RD STREET AND EAST OF NORTHEAST 31ST
AVENUE; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Holzberg. Mr. Soroka noted amendments to
Easement Agreement and Special Warranty Deed. The motion for
approval passed unanimously and Resolution No. 2001-64 was adopted.
7. ORDINANCES - FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
3
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY
ORDINANCE 99-09; BY AMENDING SECTION 31-191(k) "NON-
CONFORMING SIGNS"; BY AMENDING SUBSECTION (2)
"EXCEPTION TO AMORTIZATION SCHEDULE"; BY AMENDING
PARAGRAPH (c) THEREOF, SO AS TO PROVIDE FOR THE
EXPIRATION OF THE EXEMPTION OF MONUMENT SIGNS LOCATED
IN RESIDENTIAL DISTRICTS AND RESIDENTIAL WALL SIGNS FROM
THE AMORTIZATION AND REMOVAL REQUIREMENT, INSTEAD OF
ALLOWING NON-CONFORMING MONUMENT SIGNS LOCATED IN
RESIDENTIAL DISTRICTS AND RESIDENTIAL WALL SIGNS WHICH
EXISTED ON JUNE 3, 1997, TO CONTINUE TO RELY UPON SUCH
EXEMPTION; PROVIDING FOR SEVERABIMTY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE.
A motion for approval, including the incorporation by reference into this hearing
of all amendments and testimony, written and verbal, relative to this item given at
the preceding Local Planning Agency meeting, was offered by Commissioner
Holzberg and seconded by Commissioner Rogers-Libert. There being no public
input, the motion for approval passed unanimously by roll call vote.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY
ORDINANCE 99-09; BY AMENDING ARTICLE II. DEFINITIONS AND
RULES OF CONSTRUCTION, SECTION 31-21. DEFINITIONS; BY
AMENDING ARTICLE VII. USE REGULATIONS SO AS TO PROVIDE
FOR COMPREHENSIVE STRUCTURE PARKING REGULATIONS BY
AMENDING SECTIONS 31-144(b), 31-144(c), 31-144(d), 31-144(e), 31-
144(f), 31-145(b), end 31-145(c); PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
EFFECTIVE DATE.
A motion for approval, including the incorporation by reference into this hearing
of all amendments and testimony, written and verbal, relative to this item given at
the preceding Local Planning Agency meeting, was offered by Commissioner
Grossman and seconded by Commissioner Rogers-Libert. There being no public
input, the motion for approval passed unanimously by roll call vote.
8. PUBLIC HEARING: ORDINANCES- SECOND READING:
A. Mr. Wolpin read the following ordinance by title:
4
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION" BY
AMENDING ARTICLE VII "CODE OF ETHICS" BY CREATING
SECTION 2-395 "DISCLOSURE OF BUSINESS RELATIONSHIPS AND
GIFTS," TO PROVIDE FOR THE DISCLOSURE OF BUSINESS
RELATIONSHIPS AND GIFTS BY MEMBERS OF THE CITY
COMMISSION AND CITY ADVISORY BOARDS WITH OR FROM
APPLICANTS, APPLICANT'S REPRESENTATIVES AND INTERESTED
PERSONS APPEARING BEFORE THE CITY COMMISSION OR CITY
ADVISORY BOARDS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Cohen and seconded by
Commissioner Rogers-Libert. Mayor Perlow opened the public hearing. There
being no speakers, the public hearing was closed. An amendment was offered
by Commissioner Beskin and seconded by Commissioner Rogers-Libert to
eliminate in paragraph 3(b) the words "at any time" and insert "within 30 days".
Commissioner Beskin and Commissioner Rogers-Libert withdrew the
amendment. An amendment was offered by Commissioner Beskin, seconded by
Commissioner Rogers-Libert and unanimously passed to amend 3(b) after
"Except as prohibited by law or regulatory standards, if a member of the City
Commission or any City Advisory Board learns," to add "or with the exercise of
due diligence, should have learned, .... "The motion for approval, as amended,
passed unanimously by roll call vote and Ordinance No. 2001-10 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 31 "LAND
DEVELOPMENT REGULATIONS," BY AMENDING ARTICLE V
"DEVELOPMENT REVIEW PROCEDURES," BY AMENDING SECTION
31-71 "PROCEDURES OF GENERAL APPLICABILITY," BY
AMENDING PARAGRAPH (B) "APPLICATION REQUIREMENTS," TO
PROVIDE REQUIREMENT THAT APPLICATIONS CONTAIN
AFFIDAVITS OF THE APPLICANT INCLUDING AN "APPLICANT
REPRESENTATIVE AFFIDAVIT" AND A "BUSINESS RELATIONSHIP
AFFIDAVIT," PROVIDING FOR DISCLOSURE OF REPRESENTATIVES
AND BUSINESS RELATIONSHIPS; PROVIDING FOR SEVERABIMTY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE
DATE.
A motion for approval was offered by Vice Mayor Cohen and seconded by
Commissioner Rogers-Libert. Mayor Perlow opened the public hearing. There
5
being no speakers, the public hearing was closed. The motion for approval
passed unanimously by roll call vote and Ordinance No. 2001-11 was enacted.
9. RESOLUTIONS: None.
10. OTHER BUSINESS: None.
11.PUBLIC COMMENTS: None.
12. REPORTS: As presented.
13. 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 8:09 p.m. /'~,,~_A ~ ~
T~?~a M. So~ Clerk
Approved by the Commission on October 2, 2001.
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,
6