08-07-2001 Commission Meeting MINUTES
Aventura Government Center
CITY COMMISSION MEETING 19200 w. Country Club Drive
AUGUST 7, 2001 6 PM Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:05 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: Michael Snyder led the pledge of allegiance.
A motion to address the Consent Agenda at this time was offered by Commissioner
Holzberg, seconded by Commissioner Rogers-Libert and unanimously passed.
6. CONSENT AGENDA: Vice Mayor Cohen requested removal of item 6-F and
Commissioner Beskin requested removal of item 6-1. Mayor Perlow noted that item 6-H
was removed from the agenda as the plat has been recorded. 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 as follows: July 03, 2001 Commission Meeting
July 19, 2001 Commission Meeting
July 19, 2001 Workshop Meeting
B. Resolution No. 2001-52 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A'I-rACHED WORK AUTHORIZATION NO. BA-001 FOR
PROFESSIONAL DESIGN SERVICES FOR THE NE 188th ST
ROADWAY, DRAINAGE AND BEAUTIFICATION IMPROVEMENTS
PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND
BERMELLO AJAMIL & PARTNERS, INC.; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
C. Resolution No. 2001-53 was approved as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE A'r-I'ACHED WORK AUTHORIZATION NO. 01-0103-004
FOR PROFESSIONAL ENGINEERING SERVICES TO PERFORM A
DRAINAGE STUDY FOR THE BISCAYNE LAKE GARDENS AND
HOSPITAL DISTRICT AREAS BY AND BETWEEN THE CITY OF
AVENTURA AND CRAVEN THOMPSON & ASSOCIATES FOR THE
AMOUNT OF $80,000; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
D. Resolution No. 2001-54 was approved as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF 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.
E. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $35,000
FOR DICTAPHONE EQUIPMENT, SOFTWARE PROGRAM FOR
SUBJECT AND TAG CHECKS, AND CRIME PREVENTION ACTIVITIES
FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH
CITY MANAGER'S MEMORANDUM DATED JULY 27, 2001.
G. Resolution No. 2001-55 was approved:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE "PENINSULA" PLAT, BEING
A REPLAT OF A PORTION OF TRACT C OF ATLAS TERMINAL
APARTMENTS, PLAT BOOK 147, PAGE 67, CITY OF AVENTURA,
MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
The following items were removed from the Consent Agenda and addressed
separately:
F. Mr. Wolpin read the following resolution by title:
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A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA,
APPROVING THE RESTRUCTURING OF THE RESERVE FUND
SECURING THE FLORIDA MUNICIPAL LOAN COUNCIL REVENUE
BONDS, SERIES 1999A; DELEGATING THE AUTHORITY TO THE
CITY MANAGER OR HIS DESIGNEE TO APPROVE ANY NECESSARY
AMENDMENTS TO THE LOAN AGREEMENT; PROVIDING CERTAIN
OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING
AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert, and
seconded by Commissioner Holzberg. Finance Support Services Director
Harry M. Kilgore addressed concerns of the Commission. The motion for
approval passed unanimously and Resolution No. 2001-56 was adopted.
I. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AWARDING A CONTRACT FOR THE CITY'S
GROUP HEALTH INSURANCE PROGRAM TO UNITEDHEALTHCARE
FOR POS PLAN 400T; AUTHORIZING THE CITY MANAGER, ON
BEHALF OF SAID CITY, 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 Commissioner Holzberg, and
seconded by Commissioner Berger. Mr. Kilgore addressed concerns of
the Commission. The motion for approval passed unanimously and
Resolution No. 2001-57 was adopted.
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. Mayor Perlow left the meeting at
this time.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DENYING A VARIANCE FROM SECTION 31-
144(C) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW FRONT YARD SETBACK OF 0.30' WHERE A 25' SETBACK IS
REQUIRED BY CODE; DENYING A VARIANCE FROM SECTION 31-
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221(I) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW A TERMINAL PARKING ISLAND WIDTH OF 6' EXCLUDING
CURBING WHERE A WIDTH OF 7' EXCLUDING CURBING IS
REQUIRED BY CODE; APPROVING A VARIANCE FROM SECTION
31-144(C) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW A STREET SIDE YARD SETBACK OF 13' WHERE A 20'
SETBACK IS REQUIRED BY CODE; APPROVING VARIANCES FROM
SECTION 31-221(I) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW BUFFER STRIPS LESS THAN 7' IN WIDTH
ADJACENT TO THE SOUTH PROJECT LIMIT AND WEST PROPERTY
LINE AND ADJACENT TO THE SOUTH AND WEST LIMITS OF THE
BUILDING; FOR PROPERTY LOCATED AT 17866 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. Vice Mayor Cohen
opened the public hearing. The following individuals addressed the
Commission: Michael Snyder, Esq., 20803 Biscayne Blvd., Miles Moss, P.E.,
12900 SW 84th Street, and Jose Tinon, 3220 South Dixie Highway, all
representing the applicant. Police Chief Thomas Ribel addressed concerns of
the Commission. There being no further speakers, the public hearing was
closed. A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Holzberg. An amendment was offered by
Commissioner Rogers-Libert, seconded by Commissioner Holzberg and
unanimously passed to provide for approval of the front yard setback, submittal
of a signed lease for use of the building, enhanced landscaping and that the
architect address structural components for safety. The motion, as amended,
passed unanimously and Resolution No. 2001-58 was adopted.
Mayor Perlow returned to the meeting.
4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
5. SPECIAL PRESENTATIONS: None.
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" BY
AMENDING ARTICLE VII "CODE OF ETHICS" BY CREATING
SECTION 2-395 "DISCLOSURE OF BUSINESS RELATIONSHIPS," TO
PROVIDE FOR THE DISCLOSURE OF BUSINESS RELATIONSHIPS
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BY MEMBERS OF THE CITY COMMISSION AND CITY ADVISORY
BOARDS WITH APPLICANTS, APPLICANT'S REPRESENTATIVES
AND INTERESTED PERSONS APPEARING BEFORE THE CITY
COMMISSION OR CITY ADVISORY BOARDS; 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 Beskin. Mayor Perlow opened the public hearing. There being no
speakers, the public hearing was closed. An amendment was offered by
Commissioner Berger and seconded by Commissioner Beskin to amend l(v) to
change the disclosure amounts to $10,000 or 3%. The amendment passed
unanimously. An amendment was offered by Mayor Perlow and seconded by
Commissioner Rogers-Libert to amend 1(vi) to eliminate percentage. The
amendment passed 6-1, with Commissioner Berger voting no. An amendment
was offered by Commissioner Beskin and seconded by Mayor Perlow to delete
the 30-day period in #2(b) Restrictions and provide "at any time after an action is
taken...' The amendment passed unanimously. The motion for approval, as
amended, 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 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 SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Beskin. Mayor Perlow opened the public hearing. There being
no speakers, the public hearing was closed. The motion for approval passed 6-0
(Commissioner Grossman out of the room) by roll call vote.
8. PUBLIC HEARING: ORDINANCES- SECOND READING: None.
9. RESOLUTIONS: None.
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10. OTHER BUSINESS:
DISCUSSION REGARDING BAN ON CELLULAR PHONE USAGE WHILE
DRIVING (Vice Mayor Cohen). Vice Mayor Cohen discussed passage of
legislation by City of Pinecrest and requested Commission support his continued
efforts through the Florida League of Cities to have this regulated by state law.
Consensus that letter be addressed to Miami-Dade County Commission urging
their passage of legislation banning hand-held cellular phone usage while driving.
Il. PUBLIC COMMENTS: The following individuals addressed the Commission: Art
Grossman, W. Country Club Drive and Ginger Grossman, W. Country Club Drive.
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 9:10 p.m.
"~a M. So~o?~;MC, pity Clerk
Approved by the Commission on September 4, 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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