06-05-2001 Commission Meeting CITY COMMISSION MEETING 19200 w. country Club Drive
JUNE 5, 2001 6 PM Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin,
Manny Grossman, Harry Holzberg, Vice Mayor Ken Cohen, Mayor Perlow, City
Manager Eric M. Soroka and City Attorney David M. Wolpin. Commissioner Patricia
Rogers-Libert and City Clerk Teresa M. Soroka were absent. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Burton Young led the pledge of allegiance.
A motion to address agenda item 6 at this time was offered by Vice Mayor Cohen,
seconded by Commissioner Holzberg and unanimously passed.
6. CONSENT AGENDA: At the request of Mr. Soroka, a motion to defer item 6-0 to
July 3, 2001 was offered by Vice Mayor Cohen and seconded by Commissioner
Grossman. An amendment to provide that the deferral is subject to the receipt of
written approval of the extension of time by AT&T was offered by Commissioner Beskin
and seconded by Vice Mayor Cohen. The motion passed and item 6-0 was removed
from the agenda. A motion for approval of the remainder of the Consent Agenda was
offered by Vice Mayor Cohen, seconded by Commissioner Grossman, unanimously
passed and the following action was taken:
A. Minutes were approved as follows: May 1,2001 Commission Meeting
May 24, 2001 Workshop Meeting
B. Resolution No. 2001-27 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION
RESULTS OF THE MAY 15, 2001 MUNICIPAL SPECIAL ELECTION,
AS CERTIFIED BY THE CITY CLERK AND A'I-rACHED HERETO;
PROVIDING AN EFFECTIVE DATE.
C. Resolution No. 2001-28 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA PROVIDING THE DEDICATION OF A
DRAINAGE EASEMENT FROM AVENTURA MALL VENTURE TO THE
CITY OF AVENTURA: AUTHORIZING THE CITY MANAGER DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; PROVIDING FOR EFFECTIVE DATE.
D. Resolution No. 2001-29 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SELECTING THE FIRM OF CRAVEN
THOMPSON & ASSOCIATES, INC. TO PERFORM PROFESSIONAL
CONSULTING SERVICES RELATIVE TO RFP NO. 01-5-04-2,
GENERAL PROFESSIONAL ENGINEERING SERVICES;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS
AND FEES FOR SAID SERVICES; AUTHORIZING NEGOTIATIONS
WITH ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES
SHOULD NEGOTIATIONS WITH SELECTED FIRM BE
UNSUCCESSFUL; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
E. Resolution No. 2001-30 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE CITY OF FLORIDA CITY FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
F. Resolution No. 2001-31 was adopted as follows:
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.
G. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $29,000
FOR SPECIALIZED TRAINING, FORFEITURE EXPENSES, REMOVAL
OF OLD POLICE DEPARTMENT SIGN, CRIME PREVENTION
ACTIVITIES AND EQUIPMENT AND TRAINING EQUIPMENT
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EXPENSES FROM THE POLICE FORFEITURE FUND IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM.
H. Resolution No. 2001-32 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN MARINER VILLAGE AND THE CITY OF
AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
I. Resolution No. 2001-33 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ESTABLISHING PROCEDURES FOR THE
APPOINTMENT OF MEMBERS TO ADVISORY BOARDS; AND
PROVIDING AN EFFECTIVE DATE.
J. The following motion was approved:
MOTION TO APPROVE CITY MANAGER'S PERFORMANCE
EVALUATION PACKAGE AS OUTLINED ON EXHIBIT "A".
K. Resolution No. 2001-34 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATI'ACHED WORK AUTHORIZATION "EXHIBIT D"
FOR COMMUNITY/RECREATION CENTER PHASE II
ARCHITECTURAL AND ENGINEERING SERVICES BY AND
BETWEEN THE CITY OF AVENTURA AND BERMELLO, AJAMIL &
PARTNERS; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
L. Resolution No. 2001-35 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE,
SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY
OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT
FOR FISCAL YEAR 2001/02 TO 2005/06; AUTHORIZING THE CITY
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MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
M. Resolution No. 2001-36 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AVENTURA CORPORATE
CENTER PLAT, BEING A REPLAT OF TRACTS C, D AND PART
TRACT E, BISCAYNE WATERWAYS-FIRST ADDITION, PLAT BOOK
126, PAGE 18 AND LOTS 1-11 INCLUSIVE AND LOTS 37-42
INCLUSIVE, BLOCK 10, HALLANDALE PARK NO. 9 AND A PORTION
OF NE 208 TERRACE BETWEEN BLOCKS 10 AND 11, HALLANDALE
PARK NO. 9 AND A 10' ALLEY IN BLOCK 10, HALLANDALE PARK
NO. 9, PLAT BOOK 23, PAGE 26, CITY OF AVENTURA, MIAMI-DADE
COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
N. Resolution No. 2001-37 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SELECTING THE FIRM OF C.A.P.
ENGINEERING CONSULTANTS, INC. TO PERFORM BUILDING,
PUBLIC WORKS AND ENGINEERING INSPECTION AND REVIEW
SERVICES RELATIVE TO ISQ NO. 01-4-19-2; AUTHORIZING THE
CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID
SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
O. The following motion was approved:
MOTION TO AUTHORIZE CITY A'I-FORNEY AND CITY MANAGER TO
PREPARE EMINENT DOMAIN RESOLUTION FOR ACQUISITION OF
THE TEMPEST PARCEL, 3333 NE 188TM STREET.
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:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA GRANTING APPROVAL OF MULTI-TENANT CENTER SIGN
GRAPHICS CRITERIA FOR SlGNAGE AT LOEHMANN'S FASHION ISLAND
SHOPPING CENTER LOCATED ON THE EAST SIDE OF BISCAYNE
BOULEVARD BETWEEN NE 187 STREET AND NE 191 STREET; PROVIDING
FOR 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 individuals addressed the Commission: Frank
Colatosti, SEC Commercial Realty Group, Inc., 7050 W. Palmetto Park Road,
Boca Raton, representing the applicant; and Arnold Rinker, 3375 N. Country
Club Drive. There being no further speakers, the public hearing was closed. A
motion for approval was offered by Commissioner Beskin and seconded by
Commissioner Berger. An amendment was offered by Commissioner Berger,
seconded by Commissioner Beskin and unanimously passed to clarify in
condition 11 that any redevelopment, demolition or expansion of the floor area
of the center will invalidate the approval, unless approved by City Commission.
An amendment was offered by Commissioner Grossman and seconded by Vice
Mayor Cohen to provide for portable signs for restaurants only; limit grand
opening banners to 14 days; prohibit neon signs; limit special event signs to 14
days prior to the event; and no window signs on door panes. The amendment
failed, 2-4, with Commissioner Grossman and Vice Mayor Cohen voting yes,
and Commissioners Berger, Beskin, Holzberg and Mayor Perlow voting no. An
amendment to attach the criteria package as an Exhibit to the resolution was
offered by Commissioner Beskin, seconded by Commissioner Berger and
unanimously passed. The motion, as amended, passed 4-2, with Commissioner
Hoizberg and Vice Mayor Cohen voting no and Resolution No. 2001-38 was
adopted.
4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
5. SPECIAL PRESENTATIONS: Certificates of Appreciation were presented to
members of the Charter Revision Commission.
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
CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION" - ARTICLE III
"ADVISORY BOARDS" TO REPEAL DIVISION 2 "BEAUTIFICATION
ADVISORY BOARD" AND DIVISION 3 "RECREATION AND CULTURAL
ARTS ADVISORY BOARD"; AND REPLACE THEM WITH NEW DIVISION 2
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ENTITLED "COMMUNITY SERVICES ADVISORY BOARD"; PROVIDING FOR
CREATION; PROVIDING FOR COMPOSITION AND QUALIFICATIONS; TERM
OF OFFICE; ADVISORY CAPACITY; RULES OF PROCEDURE;
JURISDICTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg 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.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR
THE CREATION OF THE CITY OF AVENTURA ECONOMIC DEVELOPMENT
ADVISORY BOARD; PROVIDING FOR CREATION; COMPOSITION AND
QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; RULES OF
PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Vice Mayor Cohen. 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.
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 CODE BY AMENDING CHAPTER 34 "PLANNING AND ZONING",
AMENDING ARTICLE II "QUASI-JUDICIAL MATTERS" TO REPEAL 34-31
"EX PARTE COMMUNICATIONS WITH PUBLIC OFFICIALS," SECTION 34-32
"HEARING PROCEDURES," AND REPLACE WITH NEW SECTIONS 34-31
THROUGH 34-39 REGARDING QUASI-JUDICIAL DEVELOPMENT ORDERS;
RENUMBERING EXISTING SECTION 34-33 "PUBLIC STATEMENTS BY
COMMISSIONERS" TO BECOME SECTION 34-40; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Berger and seconded by
Commissioner Holzberg. 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. 2001-06 was enacted.
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B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 26 ENTITLED "ELECTIONS", BY AMENDING ARTICLE I.
"IN GENERAL" SECTION 26-1 "CANVASSING OF ELECTION
RETURNS; CERTIFICATES OF ELECTION" TO PROVIDE FOR
ADDITIONAL INDIVIDUALS TO SERVE WITH THE CITY CLERK IN
THE CANVASSING OF ELECTION RETURNS
A motion for approval was offered by Commissioner Grossman and seconded by
Vice Mayor Cohen. 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. 2001-07 was enacted.
9. RESOLUTIONS: None.
10. OTHER BUSINESS: None.
11.PUBLIC COMMENTS: The following individual addressed the Commission: Mr.
Brodsky.
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 8:15 p.m.
Approved by the Commission on July 3, 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.
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FORM 8B.. MEMORANDUM OF VOTING ,CONFLICT FOR
COUNT , MUNICIPAL, AND OTHER. LOCAL PUBLIC. OFFICERS
Perlow, Jeffrey M. City Commission
19200 W. Country Club Drive Miami-Dade WHICI~ISEI~VKIaXUlqlTOr:
Aventura City of Aventura
June 5, 2001 I ~ m ~o~v~
WHO MUST FILE FORM 8B
This form ie for use by any person serving at the county, city, or other ]ecai level of government on ma appointed me elected b~xrfl,
council, tmmmis~ion, outho~ty, ~ committee. It applies e~ually to merabero of advisory and non-mtvi~ boflia~ who m~e prezented
with a voting eonfiAct of interest under ~mtlafl 112.3143, Florid& ~.at:utos.
Your re~pon~hili~s under the law when f~_~l with voting on a measure in which you hove a conflict of interest wi]l vary greatly
~pending on whether you hold at1 eleefive or appoin1~v0 po~'it~on, l~or this rea~on~ please p~y close attention t~ the i~tstructiona on
this form before completing th~ reverse si~e and fi~i~g the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A pet'sea holding' elective or appointive county, municipal, or other ]ora] public office MUST AB..q~AIN from voting ena m~uro
which inurea to hie or her ~psej~l p~vate gain or lo~s. E~h elected or aplx~nted local officer aide is prohibited from knowingly voting
~ a meaz~re which inuree to the il~4al gain or loee of a principal (other than a gevornmemt agency) by whom he or she i~ retained
(including the parent orgamzation or subsidiary ara corporate i0rincil~l By which he or she is retained); to the sl~:ial private gain or
l~e a~ a val&ti~; or to the sl~ial Or~vata gain or 1o~ ~ a bu~ius~ ~mdato. C~mmi~ousre of community redevelopment ageneiee
u~ler Bee. 16a.356 or 165~157, F.~.. axed afllc~-~ af indet~ndent slm~a! tax distrit~ alested aa a ene.aere, one-vale b~is am not p~-
hihi~l from voting in that e~paeity.
Yo~ purpo~* of thi~ law, a '~etative' inehidea only the officet~e father, mother, ~on, ~[~ught~, hunt.nfl, wife, brother, sister, father-
in-law, moth~-in-hiw, ~-ia-law, and daughter4n~aw. A'tx~ne~ ~seeiato' m~arm any por~m or entity engaged in or carrying on
a Izlsinem enterlvrlse with the officer a~ & par'ruer, joint venturer, coownsr of property, or corpol~to sharehol~ler (wh~re tl~ shares of
the corlmrugion ~'e no~ lbted off any national or Fegiomil stock exr. hange).
EL~C'I~D
PRIOR ~O ~ VOTE BITING TAKEN by publicly stating to the azaembly the nature of your interest in the measure on
WITHII~ 15 DAYS AF'I~R ~ V(YI~ OCC[IP~ by completing a~ fiJJng thie form wi~ the pema~ responsible for re~ording
the n~nute~ of the m~eting, who dx~id incOtl~te the form in the minute.
you mu~ ~ain from voting ~d di~lm~ the ~onflict in th~ sitoat~one deserihed above and in the manner d~oribed for e]eet~l
~re. In oz~ler to participate in these m att~-e, you must dise]o~ tl~ nature of tho eo~flict b~fore nuddng any attempt to influence tho
decisi~, whether orally or in writing and whether mad~ by you or ~t your direction.
IP YOU I~2T[I TO ~ ANY A:L-~MPT TO INPLUL~TCE ~ I~CISION PRIOR TO TI~ MEETING AT WHICH THE
VOTE WILl, BE TAKEN:
· You must complete ann fi~e thi~ fon, a (b~foro lu~king any ~ttornpt to influence the cle~i~ion) with the pewon responsible for
· eeording the minutes ofth~ m~e~ng, who will incorporat~ the form i~ the minutes.
· A copy of the form must bo p~ovich~ lmmec~ato[y to the other mern~r~ of ~ ageAcy.
· Tho form mu~t be reaa p~blicly at the next moet/ng ~r tho form i~ filed.
C~ FO~M 88 - REV. 1/95 PAG~
IF YOU MAKE NO ATT~- I~T TO INFLUENCE THE DEC/SION EXCEPI? BY DISCUSSION AT THE MEETTNG:
· You mug campl=te the faem an~l file it with/n IS days afar the vote oc~ur~ w/th the person re~pensiblz for re~rdiaff the
minutes of the meat/ag, who taunt incorporate th~ farm in the m/nutea. A copy of the form mua~ be prox6ded immediately to the
ether members tithe agen~t, a/~d th~ form mtlst he rem/publicly at the next meet/ng a/T~r the fotura is filed.
DI.~'~.OSURE OF LOCAl. OFRCEgS INTEREST
I, Jeffrey t/. Perlow ,h~ebyd/sdosethatoa June 5- 2001 ,19 :
(~ A me~re ~e or ~ll ~ ~f~ my ~q which (ch~k one)
.. in~ ~my~ ~va~ ~nor[~;
inu~d ~ ~e ~l ~n or I~ ~ my bu~no~ a~a~, ;
inured ~ ~ ~h] ff~n ~r l~m ~my ~la~ve, ;
whm I m r~ ~
is ~ p~ent ~ ~ ~ da p~n~pa] which h~ re~ned me.
(b) ~e me~vm ~f~e my ~en~ ~d ~e natu~ 0f my conflicting in.rest in ~e m~u~ is ~ follows:
[ abstained item voting on Agenda Item 6H for the reason L~ my law of/ice is
located in the office build~ng ~h~ch ~s ~th~n the area of the plat.
NOTICE: UNDER PROVISIONS OF FLORIDA STATtrr~ §112.S17, A PAILU]~ TO ~ ANY REQUIP, ED DISCL0-
SURE CONSTITUTES GROUNDS FOE AND MAY BE pUNISHED BY ONE OE MORE OF THE FOLLOWING:
IMPEAcHM]/2flT, REMOVAL OR SUSPENSION FROM OFFiCE. OR EMPLOYM~N'T, DEMOTION, REDUCTION l~I
SALABY, REPEIMAND. OR A CIVIL PENALTY NOT TO EXCEED $10,000.
C~ FORM S~ - P, EV. l~s pa~ 2