03-05-2002MINUTES Aventura Government Center
CITY COMMISSION MEETING 19200 w. country Club Drive
MARCH 5, 2002 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, 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: Barbara Brighton led the pledge of allegiance.
5. SPECIAL PRESENTATIONS (Taken out of order): Certificates of Appreciation were
presented to members of the Beautification Advisory Board, Recreation and Cultural
Arts Advisory Board and Certificates of Appointment were presented to the newly-
appointed members of the Economic Development Advisory Board.
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.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE
AVENTURA CHARTER ELEMENTARY SCHOOL ON A PROPERTY WITH A
BUSINESS AND OFFICE LAND USE DESIGNATION LOCATED AT 3333 NE
188 STREET; PROVIDING AN EFFECTIVE DATE.
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. Mayor Pedow opened the
public hearing. There being no speakers, the public hearing was closed. A
motion for approval was offered by Commissioner Holzberg, seconded by
Commissioner Cohen, unanimously passed and Resolution No. 2002-14 was
adopted.
4. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: None.
6. CONSENT AGENDA: A motion to approve 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:
February 5, 2002 Commission Meeting
February 21,2002 Workshop Meeting
B. Resolution No. 2002-15 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO FILE
A GRANT APPLICATION WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR TRAFFIC ENFORCEMENT PROJECTS
RELATIVE TO INTERSECTION CAMERAS, VIDEO MONITORING
SYSTEM, AND READER BOARDS; 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. 2002-16 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA REGARDING REIMBURSEMENT OF
CERTAIN COSTS RELATING TO THE ACQUISITION,
CONSTRUCTION AND EQUIPPING OF VARIOUS CAPITAL
IMPROVEMENTS WITHIN THE CITY; PROVIDING AN
EFFECTIVE DATE.
7. ORDINANCES - FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING PROCEDURES FOR RESOLVING PROTESTS
CONCERNING BIDS (BIDS), REQUEST FOR PROPOSALS (RFP'S),
REQUEST FOR QUALIFICATIONS (RFQ'S), REQUEST FOR LETTERS
OF INTEREST (RFLI°S), AND PURCHASE ORDERS BASED ON
WRITTEN OR ORAL QUOTATIONS, BY AMENDING CHAPTER 2 OF
THE CODE OF THE CITY OF AVENTURA ENTITLED
"ADMINISTRATION"; BY AMENDING ARTICLE IV ENTITLED
"FINANCE" DIVISION 3 ENTITLED "PURCHASING"; BY CREATING
SECTION 2-259 ENTITLED "AUTHORITY TO RESOLVE PROTESTED
BIDS AND PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR
AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Rogers-Libert and
seconded by Commissioner Holzberg. There was no public input. At the
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request of Commissioner Beskin, an amendment was offered by
Commissioner Cohen, seconded by Vice Mayor Rogers-Libert and
unanimously passed to amend paragraph (b) on page 3 to delete
"concerning the solicitation or award of a bid" and add "as outlined herein."
An amendment was offered by Commissioner Cohen, seconded by Vice
Mayor Rogers-Libert and unanimously passed to strike the last sentence
in paragraph (c) on page 3. 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, PROVIDING
FOR THE CITY TO OPT OUT OF AND EXEMPT ITSELF FROM THE
REQUIREMENTS OF SECTION 2-11.1(T) OF THE MIAMI-DADE
COUNTY CODE CONCERNING CONE OF SILENCE REQUIREMENTS
RELATED TO PURCHASING TRANSACTIONS; AMENDING THE CITY
CODE BY ADOPTING SECTION 2-260 "CONE OF SILENCE" OF
CHAPTER 2 "ADMINISTRATION," PROVIDING CITY'S CONE OF
SILENCE REQUIREMENTS RELATED TO COMMUNICATIONS WITH
THE CITY DURING PURCHASING TRANSACTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and
seconded by Commissioner Cohen. There was no public input. An
amendment was offered by Commissioner Cohen, seconded by
Commissioner Holzberg and unanimously passed to add to the end of the
first sentence of paragraph e, page 4 "and/or City Manager." The motion
for approval, as amended, passed unanimously by roll call vote.
8. PUBLIC HEARING: ORDINANCES - SECOND READING: (Individual items taken
out of order)
E. 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 Commissioner Berger and seconded by
Commissioner Grossman. Mayor Pedow 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. 2002-04 was enacted.
G. 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 Commissioner Holzberg and seconded by
Commissioner Berger. Mayor Perlow opened the public hearing. The following
individual addressed the Commission: Eric Albin, Island Way. There being no
further speakers, the public hearing was closed. At the suggestion of Mayor
Perlow, a motion was offered by Commissioner Berger, seconded by
Commissioner Grossman and unanimously passed to include a final Whereas
clause stating that the staff memorandum attached hereto and incorporated
herein reflects the legislative history of this matter. The motion for approval, as
amended, passed unanimously by roll call vote and Ordinance No. 2002-05 was
enacted.
A=
Mr. Wolpin announced that quasi-judicial procedures would be invoked for
this item 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
LOCATED AT 3016, 3030, AND 3205 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.
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A motion for approval was offered by Commissioner Grossman and seconded by
Commissioner Berger. Mayor Pedow 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. 2002-06 was enacted.
B. Mr. Woipin 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 was offered by Vice Mayor Rogers-Libert 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, 2002-07 was enacted.
Mr. Wolpin announced that quasi-judicial procedures would be invoked for
this item 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.
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A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by
Commissioner Cohen. Mayor Perlow opened the public hearing. There being no
speakers, the public hearing was closed. The motion for approval passed
unanimously by tell call vote and Ordinance No. 2002-08 was enacted.
D. Mr. Wolpin read the following ordinance by title:
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 2001/2002 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 Holzberg. Mayor Pedow 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. 2002-09 was enacted.
F. Mr. Wolpin 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 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 was offered by Vice Mayor Rogers-Libert and seconded by
Commissioner Cohen. Mayor Pertow 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. 2002-10 was enacted.
9. RESOLUTIONS: None.
10. OTHER BUSINESS: None.
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11. PUBLIC COMMENTS: The following individual(s) addressed the Commission:
Alfred Miller, Terraces at Tumberry; George Berlin, 1940 NE 194 Drive, North Miami
Beach; and Joseph Platnick, 18071 Biscayne Boulevard.
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 7:25 p.m.
T~a M. So~, CM(~, City Clerk
Approved by the Commission on April 2, 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.
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