02-05-2002 MINUTES
CITY COMMISSION MEETING
FEBRUARY 5, 2002 6 PM
Aventura Government Center
19200 W. Country Club Ddve
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:41 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.
5. SPECIAL PRESENTATIONS (Taken out of order): Certificates of Recognition were
presented to Police Department Employees Jeff Burns, Frank Marion, Helen Morrison,
Ernest Long and Tom LaBombarda in honor of their nomination as LEO Award
recipients.
3. ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were
disclosed and filed with the City Clerk in accordance with City Code Section 34. All
witnesses giving testimony in these hearings were sworn in by the City Clerk.
Mayor Pedow declared his conflict of interest as he is a member of the Board of
Trustees of Aventura Hospital and Medical Center and left the reom.
A. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE
FROM SECTION 31-144(f)(4) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW A FRONT YARD SETBACK OF 20 FEET
WHERE A 50 FOOT SETBACK IS REQUIRED BY CODE FOR
PROPERTY LOCATED AT 21100 NE 28 AVENUE, CITY OF
AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. Vice Mayor Rogers-Libert
opened the public hearing. The following individual(s) addressed the
Commission: Jay Miranda, Chief Operating Officer, Aventura Hospital and
Medical Center. There being no further speakers, the public hearing was closed.
A motion for approval was offered by Commissioner Holzberg, seconded by
Commissioner Cohen and passed 6-0, with Mayor Pedow out of the room and
Resolution No. 2002-06 was adopted.
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE
FROM SECTION 31-144(f)(4) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW A FLOOR AREA RATIO OF 1.35 WHERE
A MAXIMUM FLOOR AREA RATIO OF 1.28 IS PERMITTED BY CODE
FOR THE EXPANSION OF THE AVENTURA HOSPITAL AT 20900
BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
Ms. Kelley explained the request of the applicant and entered the staff report into
the record. Vice Mayor Rogers-Libert opened the public hearing. The following
individual(s) addressed the Commission: Mr. Miranda. There being no further
speakers, the public hearing was closed. A motion for approval was offered by
Commissioner Holzberg, seconded by Commissioner Grossman and passed 6-0,
with Mayor Perlow out of the room and Resolution No. 2002-07 was adopted.
Mayor Pertow returned to the reom.
4. AGENDA: REQUEST FOR DELETIONS/EMERGENCYADDITIONS: None.
6. CONSENT AGENDA: Commissioner Berger requested removal of item 6-D and
Commissioner Beskin requested removal of item 6-F. A motion to approve the
remainder of the Consent Agenda was offered by Vice Mayor Rogers-Libert, seconded
by Commissioner Grossman, unanimously passed and the following action was taken:
A. Minutes were approved as follows:
January 8, 2002 Commission Meeting
January 17, 2002 Commission Meeting
January 17, 2002 Workshop Meeting
B. Resolution No. 2002-08 was adopted as follows:
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.
C. Resolution No. 2002-09 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
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EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-014
FOR PROFESSIONAL DESIGN SERVICES FOR THE COUNTRY CLUB
DRIVE STREET LIGHTING IMPROVEMENTS PROJECT 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.
Resolution No. 2002-10 was adopted as follows:
A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ADJUSTING THE 2001/02 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
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Mr. Woipin read the following ordinance by title which was passed on first
reading:
AN ORDINANCE OF THE CITY COMMISSION OF THE CiTY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2001-13, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 200112002 FISCAL
YEAR BY REVISING THE 200112002 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.
Resolution No. 2002-1t was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AMENDMENT NO. 2 TO THE
AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES
BETWEEN OWNER (CITY OF AVENTURA) AND CONSTRUCTION
MANAGER (JAMES A. CUMMINGS, INC.) FOR THE CONSTRUCTION
OF THE COMMUNITY RECREATION CENTER PROJECT;
ESTABLISHING THE GUARANTEED MAXIMUM PRICE FOR PHASE II
AT $5,138,682; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
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I. Resolution No. 2002-12 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CiTY MANAGER TO
EXECUTE THE ATTACHED POLICE SERVICES AGREEMENT
BE'F~NEEN THE CITY OF AVENTURA AND AVENTURA MALL
VENTURE, WHICH REPLACES THE AGREEMENT DATED AUGUST 1,
1998; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
The following items were removed from the Consent Agenda and addressed separately:
De
MOTION TO AUTHORIZE CITY MANAGER TO ADVERTISE FOR
CULTURAL CENTER FOUNDATION MEMBERS
A motion to refrain from advertising and discuss this matter further at the
February 21, 2002 Workshop Meeting was offered by Vice Mayor Rogers-
Libert, seconded by Commissioner Cohen and unanimously passed.
F. 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 CHARTER CONTRACT FOR THE
AVENTURA CHARTER ELEMENTARY SCHOOL BE'FWEEN THE CITY
OF AVENTURA AND THE MIAMI-DADE COUNTY SCHOOL BOARD;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY. TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
Mike Strader representing Charter Schools USA, addressed the
Commission. 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. 2002-13 was adopted.
7. ORDINANCES- FIRST READING/PUBLIC INPUT:
A=
Mr. Wolpin announced this as a quasi-judicial matter and read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY
AMENDING THE ZONING DESIGNATION FOR THREE (3) PARCELS
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LOCATED AT 3016, 3030, AND 3205 NE 188 STREET FROM TC2,
TOWN CENTER MARINE DISTRICT TO RMF3B, MULTIFAMILY
MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR
SEVERABILI'rY; 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 Vice Mayor Rogers-Libert and seconded by Commissioner
Grossman. Ms. Kelley and George Bedin, 1940 NE 194th Drive, North
Miami Beach, addressed the Commission. There being no further public
input, the motion for approval passed unanimously by roll call vote.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-21 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO AMEND DEFINITIONS; AMENDING SECTION 31-
171 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
AMEND PARKING REQUIREMENTS FOR MIXED-USE
DEVELOPMENT; AMENDING SECTION 31-191 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO PROVIDE FOR SlGNAGE
REGULATIONS FOR PARKING STRUCTURES; AMENDING SECTION
31-233 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
PROVIDE FOR REGULATION OF OUTDOOR ACCESSORY
FURNITURE; AMENDING SECTION 31-239 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO PROVIDE FOR CLARIFICATION
OF STORMWATER DRAINAGE REQUIREMENTS; AMENDING
SECTION 31-272 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO PROVIDE CLARIFICATION TO NONCONFORMING
USES AND STRUCTURES; AMENDING SECTION 31-273 OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO PROVIDE
CLARIFICATION TO NONCONFORMING USES AND STRUCTURES;
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 Cohen and seconded by Commissioner
Grossman. Ms. Kelley addressed the Commission. There being no public
input, the motion for approval passed unanimously by roll call vote.
5
Mr. Wolpin announced this as a quasi-judicial matter and read the
following ordinance by title:
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 3333 NE 188 STREET FROM OP, OFFICE PARK
DISTRICT TO CF, COMMUNITY FACILITIES 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 Vice Mayor Rogers-Libert 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
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 was offered by Vice Mayor Rogers-Libert and
seconded by Commissioner Cohen. Mayor Perlow opened the public
hearing. The following individuals addressed the Commission: Roberta
Weissman, 4000 Island Boulevard; and Nancy Lee, 20448 NE 38th Court.
A motion to defer items 8A, 8B and 8D to the February 21, 2002
Workshop Meeting and March 5, 2002 Commission Meeting was offered
by Commissioner Berger and seconded by Vice Mayor Rogers-Libert.
The motion passed, 4-3, with Commissioners Cohen, Grossman and
Mayor Perlow voting no.
Mayor Perlow requested public input and the following individuals
addressed the Commission: Alfred Miller, 20191 E. Country Club Drive;
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Michael Shapiro, 20225 NE 34th Court; Matthew Kotzin, 3601 NE 207th
Street; Nathan Streitman, 20225 NE 34th Court; and Ms. Weissman.
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.
(Deferred in motion passed in 8A)
Mr. Wolpin read the following ordinance by title:
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.
A motion for approval was offered by Vice Mayor 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 unanimously by roll call vote and Ordinance
No. 2002-03 was enacted.
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.
(Deferred in motion passed in 8-A)
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9. RESOLUTIONS: None.
10.OTHER BUSINESS: None.
11. PUBLIC COMMENTS: The following individuals addressed the Commission: Mr.
Berlin; Arthur Barr, 3700 Island Boulevard.
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 8:45 p.m. ~' \ /~ //~
Clerk
Approved by the Commission on Mamh 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 pmcoedings 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.
8
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City of Aventura City Commission Meeting Date Fer3T�vi3 o� -
Agenda Item No. 3 A
Date of Verbal Communication: )..I I v-U
Identity of Person or Entity Making Communication:
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Subject and Substance of Communication:
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Respectfully,
Commissioner or Board Member
receiving communication:
Name: Arthur Berger
. t Signature
Filed this day of , _ -)ix
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City of Aventura City Commission Meeting Date dc71_ 46-7: v2
Agenda Item No. i — 3 e
Date of Verbal Communication: ,r-- -�` ' ., -
Identity of Person or Entity Mking Communication:
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Subject and Substan of Communicatio :
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Respectfully,
Commissioner or Board Member
receiving communication:
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Filed this .$ �
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411