10-02-2001 MINUTES
CITY COMMISSION MEETING
OCTOBER 2, 2001 6 PM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:22 p.m. by
Vice Mayor Ken Cohen. Present were Commissioners Arthur Berger, Jay R. Beskin,
Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Ken Cohen,
Mayor Jeffrey M. 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:
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.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA APPROVING MODIFICATION OF SECTION 2 OF RESOLUTION
NO. 2000-52 TO ALLOW FOR THE EXISTING WALL BOX SIGN TO REMAIN
ON THE WEST ELEVATION OF SPOTMASTER CLEANERS, LOCATED AT
18000 BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE DATE.
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. Mayor Perlow opened the
public hearing. The following individual addressed the Commission: Alan
Rosenthal, Esq., 2875 NE 191st Street, representing the applicant. There being no
further speakers, the public hearing was closed. A motion for approval was offered
by Commissioner Berger and seconded by Vice Mayor Cohen. The motion failed
unanimously.
4. ELECTION OF VICE MAYOR: After motion made by Vice Mayor Cohen, seconded
by Commissioner Beskin and unanimously passed, Commissioner Rogers-Libert
was appointed Vice Mayor for the next 6-month period.
5. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: None.
6. SPECIAL PRESENTATIONS: None.
7. CONSENT AGENDA: Commissioner Beskin requested removal of item 7-D and
Mayor Perlow requested removal of items 7-C and 7-E. A motion to approve the
remainder of the Consent Agenda was offered by Commissioner Berger, seconded by
Commissioner Holzberg unanimously passed and the following action was taken:
A. Minutes were approved as follows:
September 4, 2001 Budget Ist Public Hearing
September 4, 2001 Commission Meeting
September 13, 2001 Workshop Meeting
September 24, 2001 Budget 2'd Public Hearing
September 24, 2001 Commission Meeting
B. The following motion was approved:
MOTION TO APPROVE THE APPOINTMENT OF ROBERT A.
FRIEDMAN, HERBERT L. KLIGER J.D., AND BARBARA BUXTON,
ESQ. AS SPECIAL MASTERS FOR THE CITY OF AVENTURA CODE
ENFORCEMENT PROCESS
The following items were removed from the Consent Agenda and addressed
separately:
C. MOTION TO ADOPT THE 2002 LEGISLATIVE PROGRAM AND
PRIORITIES DOCUMENT
A motion was offered by Vice Mayor Rogers-Libert and seconded by
Commissioner Berger to approve the document as presented, with the
addition of a priority to endorse coordinated and comprehensive efforts for
local and statewide security and anti-terrorism programs, in conjunction
with federal government. The motion passed unanimously.
A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED PLANNING AGREEMENT FOR THE
AVENTURA CHARTER ELEMENTARY SCHOOL BETWEEN THE CITY
OF AVENTURA AND CHARTER SCHOOLS USA AT AVENTURA, L.C.,
AND CHARTER SCHOOLS USA, INC.; 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 Vice Mayor Rogers-Libert and
seconded by Commissioner Holzberg. Mr. Soroka reviewed changes to
the proposed agreement. A motion to approve the amendments was
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offered by Vice Mayor Rogers-Libert, seconded by Commissioner Cohen
and unanimously passed. The motion for approval, as amended, passed
unanimously and Resolution No. 2001-68 was adopted.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LE'I'rlNG A BID/CONTRACT
FOR BID NO. 01-09-14-2, BUS SHELTERS # 12 AND 13, TO VlLA &
SONS LANDSCAPING CORPORATION AT THE BID PRICE OF
$139,423.75; AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; 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 Vice Mayor Rogers-Libert and seconded by
Commissioner Cohen. The motion for approval passed unanimously and
Resolution No. 2001-69 was adopted.
7. ORDINANCES- FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN OF THE CITY OF AVENTURA
BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR
THREE (3) PARCELS LOCATED AT 2950, 3025 AND 3161 NE 188
STREET FROM INDUSTRIAL AND OFFICE TO MEDIUM HIGH
DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN
EFFECTIVE DATE.
Mayor Perlow left the room at this time. 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 Vice Mayor Rogers-Libert and seconded by
Commissioner Holzberg. There being no public input, the motion for approval
passed unanimously (6-0) by roll call vote.
8. 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'S LAND DEVELOPMENT REGULATIONS, ENACTED BY
ORDINANCE 99-09; BY AMENDING SECTION 31-191(k) "NON-
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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 SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE.
Mayor Perlow returned to the meeting at this time. A motion for approval was
offered by Commissioner Beskin and seconded by Commissioner Grossman.
Mayor Perlow 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. 2001-14 was enacted.
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), and 31-145(c); PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by
Commissioner Holzberg. Ms. Kelley addressed the Commission and provided a
memorandum addressing concerns expressed by the development community.
Mayor Perlow opened the public hearing. Clifford Schulman, Esq., 1221 Brickell
Avenue, Miami; and George Berlin, Turnberry & Associates addressed the
Commission. There being no further speakers, the public hearing was closed. A
motion was offered by Commissioner Beskin, seconded by Vice Mayor Rogers-
Libert and unanimously passed to amend the ordinance in accordance with
alternative 2 recommended by staff. The motion for approval, as amended,
passed unanimously by roll call vote and Ordinance No. 2001-15 was enacted.
9. RESOLUTIONS: None.
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10. OTHER BUSINESS: None.
11.PUBLIC COMMENTS: None.
12. REPORTS: As presented.
13. ADJOURNMENT: Them being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 8:15 p.m.
Approved by the Commission on November 6, 2001.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at e
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.
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