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01-08-2002MINUTES Aventura Government Center CITY COMMISSION MEETING 19200 w. Countr~ Club Drive JANUARY 8, 2002 6 PM Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:21 p.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Manny Grossman, Harry Holzberg, Vice Mayor Patricia Rogers-Libert, 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: Mayor Perlow requested the addition to the agenda as item 10 discussion concerning the County's consideration of taxing municipalities for specialized police services. A motion for approval was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Grossman and unanimously passed. A motion to address the Consent Agenda at this time was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Grossman and unanimously passed. 6. CONSENT AGENDA: Commissioner Cohen requested removal of items 6-B and 6- D, and Vice Mayor Rogers-Libert requested removal of item 6-C. A motion to approve the remainder of the Consent Agenda was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Cohen, unanimously passed and the following action was taken: A. Minutes were approved as follows: November 6, 2001 Commission Meeting November 27, 2001 Commission Meeting November 27, 2001 Workshop Meeting E. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $87,500 FOR GAS MASK EQUIPMENT, RADIO SYSTEM FILTERS AND ANTENNAS, AND RADIOS FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH CITY MANAGER'S MEMORANDUM. F. Resolution No. 2002-01 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CiTY OF AVENTURA, FLORIDA AMENDING RESOLUTION NO. 2001-76 WHICH APPROVED APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES ADVISORY BOARD BY AMENDING SECTION 2 IN ORDER TO FILL A VACANCY; AND PROVIDING AN EFFECTIVE DATE. G. Resolution No. 2002-02 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-011 FOR PROFESSIONAL DESIGN SERVICES FOR COUNTRY CLUB DRIVE RESURFAClNG IMPROVEMENTS BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. H. The following ordinance was passed on first reading: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2000-25, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2000/2001 FISCAL YEAR BY REVISING THE 2000/2001 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. 5. SPECIAL PRESENTATIONS: Mayor Perlow presented Certificates of Appointment to members of the Community Services Advisory Board. 6. (continued) The. following items were removed from the Consent Agenda and addressed separately: Be A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA ECONOMIC DEVELOPMENT ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. 2 A motion to table this matter to the January Workshop was offered by Commissioner Cohen, seconded by Commissioner Holzberg and unanimously passed. The following motion was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Beskin and unanimously passed. MOTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE CONTRACT WITH RONALD L. BOOK FOR SERVICES RELATING TO N.E. 199TM STREET AS OUTLINED IN CORRESPONDENCE DATED DECEMBER 11, 2001 D. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED ARTICLES OF INCORPORATION OF AVENTURA CULTURAL CENTER FOUNDATION, INC.; AUTHORIZING THE FILING OF THE ARTICLES OF INCORPORATION WITH THE STATE OF FLORIDA SECRETARY OF STATE; 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 Beskin. After detailed discussion, an amendment was offered by Commissioner Beskin, seconded by Vice Mayor Rogers-Libert and unanimously passed to amend section 9.4 to read as follows: Aft monies, securities and other valuables of the Corporation shaft be deposited in the name of the Corporation in such banks, trust companies, or corporate safe deposit vaults as the City Manager from time to time shall designate for such purposes, and shaft be withdrawable only by check or orders signed by the personal signature of such officers or agents as may be designated from time to time by the City Manager and the Traasurar of the Corporation. At least two signatures shaft be required on all such checks or orders. The motion for approval, as amended, passed unanimously and Resolution No. 2002-03 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 COMPREHENSIVE MASTER PLAN OF THE CITY OF AVENTURA BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THREE (3) PARCELS LOCATED AT 3016, 3030, AND 3205 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. 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 Beskin. Ms. Kelley addressed the Commission. There being no public input, the motion for approval passed unanimously by roll call vote (6-0) with Vice Mayor Rogers-Libert out of the room for the vote. Mr. Wolpin read the following ordinance by title and announced this as a quasi-judicial hearing: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR FOUR (4) PARCELS LOCATED AT 3000, 3020, 3131 AND 3161 NE 188 STREET FROM TC2, TOWN CENTER MARINE DISTRICT TO RMF3B, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN 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 Cohen. Ms. Kelley addressed the Commission. 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: 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 FOUR (4) PARCELS LOCATED AT 3600, 3020, 3131 AND 3161 NE 188 4 STREET FROM INDUSTRIAL AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by Commissioner HoIzberg. Ms. Kelley addressed the Commission. 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. 2002-01 was enacted. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS IN ORDER TO CREATE A NEW MULTIFAMILY RESIDENTIAL ZONING DISTRICT ENTITLED RMF3B, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT, PERMITTING THIRTY-FIVE (35) DWELLING UNITS PER ACRE AND ACCOMPANYING SITE DEVELOPMENT STANDARDS; AMENDMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN ORDER TO PROVIDE FOR ADDITIONAL AND REVISED SITE DEVELOPMENT STANDARDS IN THE RMF3A, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by Commissioner Holzberg. Mayor Pedow opened the public hearing. Ms. Kelley addressed the Commission and in accordance with Commissioner Beskin's previous request for certain clarification of view corridors, recommended that the sections of the ordinance referring to view corridors be amended to read in the last sentence that "A maximum of two (2) corridors may be provided, however, each corridor shall not be less than 5 percent of the width of the required view corridor as set forth above." An amendment was offered by Vice Mayor Rogers-Libert, seconded and unanimously passed to provide for implementation of safety facilities and features for the pedestrian promenade, as approved by the City Manager, on the north side. Matthew Kotzin, Waterways resident, and Arthur Barr, Williams Island resident, addressed the Commission. There being no further speakers, the public hearing was closed. A motion was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Cohen and unanimously passed to defer this matter until 6 p.m. on February 5, 2002 to allow sufficient time to receive input from the appropriate agencies regarding safety concerns. 5 C= Mayor Perlow left the reom at this time. Mr. Wolpin read the following ordinance by title and announced this as a quasi-judicial hearing: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR ONE (1) PARCEL OF LAND LOCATED AT 2950 NE 188 STREET FROM TC2, TOWN CENTER MARINE DISTRICT TO RMF3A, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR TWO (2) PARCELS OF LAND LOCATED AT 3025 AND 3161 NE 188 STREET FROM TC2, TOWN CENTER MARINE DISTRICT TO RMF3B, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Grossman. Ms. Kelley addressed the Commission. Vice Mayor Rogers-Libert opened the public hearing. There being no speakers, the public hearing was closed. It was noted that the ordinance would be revised so that the rezoning to RMF3B would be effective upon the creation of the RMF3B district. The motion for approval passed unanimously by roll call vote, 6-0, with Mayor Perlow out of the reom for the vote and Ordinance No. 2002-02 was enacted. 9. RESOLUTIONS: None. Mayor Perlow returned to the meeting at this time. 10. OTHER BUSINESS: Mayor Perlow discussed the County's proposal to tax municipalities for specialized police services. After discussion, a motion was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Cohen and unanimously passed to authorize the Mayor to notify the County that the City of Aventura opposes any additional fees or taxes that may be imposed by the County for specialized police services without detailed justification as to the need for such additional fees or taxes. 11. PUBLIC COMMENTS: The following individual addressed the Commission: Roslyn Zeidler, Del Prado Condominium. 12. REPORTS: As presented. 6 13. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, t~e meeting adjourned at 8:45 p.m. ~1[~ ~/~~jr,_r~ T~J~sa M. S~MC, ~ity Clerk Approved by the Commission on February 5, 2002. 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.