04-02-2002~~'a MINUTES Aventura Government Center
CITY COMMISSION MEETING 19200 w. country Club Drive
....~I~ APRIL 2, 2002 6 PM Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:31 p.m.
by Mayor Jeffrey M. Perlow. Present were Commissioners 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. Commissioner Arthur Berger was absent due to illness. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE.
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 Perlow declared his conflict of interest in that he has provided legal services
to the applicant and 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 GRANTING CONDITIONAL USE APPROVAL TO PERMIT OFFICE
AND BANK USES IN THE TCl (TOWN CENTER) ZONING DISTRICT;
GRANTING VARIANCE FROM SECTION 31-171(a)(7) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW A PARKING PAVEMENT
SETBACK OF 2' ON THE NORTH PROPERTY LIMIT AND 9' ON THE WEST
PROPERTY LIMIT WHERE A 10' PARKING PAVEMENT SETBACK IS
REQUIRED BY CODE; GRANTING VARIANCE FROM SECTION 31-221(i)(2)
OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 2'
LANDSCAPED BUFFER ON THE NORTH LIMIT, A 4.3' LANDSCAPED
BUFFER ON THE WEST LIMIT AND A 0' LANDSCAPED BUFFER ON THE
SOUTH LIMIT WHERE A 7' LANDSCAPED BUFFER IS REQUIRED BY
CODE; DENYING VARIANCE FROM SECTION 31-171(a)(6)(a) OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW PARKING
SPACES MEASURING 8.44' WIDE WHERE A MINIMUM WIDTH OF 9' IS
REQUIRED BY CODE; DENYING VARIANCE FROM SECTION 31-145(b)(5)(h)
OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW OPEN
SPACE OF APPROXIMATELY 25% WHERE 35% IS REQUIRED BY CODE,
WITH ONE-HALF OF THAT, OR 17.5% TO BE UNENCUMBERED WITH ANY
STRUCTURE AND LANDSCAPED WITH GRASS AND VEGETATION,
WHERE APPROXIMATELY 12% IS PROVIDED; AND DENYING VARIANCE
FROM SECTION 31-221(i)(7) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW A DUMPSTER SITE WITH NO PERIMETER
LANDSCAPING ON THE NORTH AND SOUTH SIDES, WHERE SCREENING
WITH WALLS OR FENCES AND LANDSCAPING IS REQUIRED BY CODE,
FOR PROPERTY LOCATED AT 18901 NE 29 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 individuals addressed the Commission:
Stanley Price, Esq., 2500 First Uniot~ Financial Center, representing Gampel
Aventura Properties, Inc. and Northern Trust Bank; Margo Absher and Harry
Gampel, Gampel Aventura Properties, Inc., applicant; Ray Leightman, Northern
Trust Bank; and Eric Albin, Waterways. There being no further speakers, the
public hearing was closed. A motion for approval was offered by Commissioner
Cohen, and seconded by Commissioner Beskin. A motion to delete Section 6
was offered by Commissioner Cohen, seconded by Commissioner Holzberg and
unanimously passed. A motion to defer action on Section 4 to the May 7, 2002
Commission meeting was offered by Commissioner Cohen, seconded by
Commissioner Holzberg and unanimously passed. A motion to amend Section 5
to provide for approval was offered by Commissioner Beskin, seconded by
Commissioner Holzberg and unanimously passed. The motion for approval, as
amended, passed 5-0 with Mayor Pedow absent from the room, and Resolution
No, 2002-17 was adopted.
Mayor Pedow returned to the meeting at this time.
4. ELECTION OF VICE MAYOR: A motion was made by Commissioner Rogers-
Libert, seconded by Commissioner Cohen and unanimously passed to appoint
Commissioner Berger as Vice Mayor for the next six-month period.
5. AGENDA: REQUEST FOR DELETIONS/EMERGENCYADDITIONS: None.
6. SPECIAL PRESENTATIONS: None.
7. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Rogers-Libert, seconded by Commissioner Cohen, unanimously passed
(6-0) and the following action was taken:
A. Minutes were approved as follows:
March 5, 2002 Commission Meeting
March 21, 2002 Workshop Meeting
Resolution No. 2002-18 was adopted as follows:
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A RESOLUTION OF THE CITY COMMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION #01-0103-016
FOR PROFESSIONAL CONSULTING SERVICES WITH CRAVEN
THOMPSON AND ASSOCIATES, INC. TO PERFORM A MUNICIPAL
PUBLIC TRANSIT STUDY IN THE AMOUNT OF $30,000;
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. 2002-19 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. 3 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/NE 188TM
STREET IMPROVEMENTS PHASE III; ESTABLISHING THE
GUARANTEED MAXIMUM PRICE FOR PHASE III; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
ORDINANCES - FIRST READING/PUBLIC INPUT:
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
FOUNDERS PARK LOCATED AT 3105 AND 3200 NE 190 STREET
FROM TOWN CENTER TO PARKS AND RECREATION; PROVIDING
FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE.
Ms. Kelley addressed the Commission. 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 Rogers-
Libert, and seconded by Commissioner Holzberg. The following individual
addressed the Commission: Bernie Weinstein, Terraces at Turnberry.
3
8. PUBLIC
A.
There being no further public input, the motion for approval passed
unanimously (5-0 with Commissioner Cohen absent from the reom for the
vote) 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-
145 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
AMEND REGULATIONS REGARDING MINIMUM FLOOR AREAS IN
THE TCl ZONING DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
After motion made by Commissioner Rogers-Libert, seconded by
Commissioner Beskin and unanimously passed (5-0 with Commissioner
Cohen absent from the reom), this item was deferred to the April 30, 2002
Workshop Meeting for further discussion and consideration at May 7, 2002
Regular Commission Meeting.
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
THE CITY'S COMMUNITY RECREATION FACILITY SITE LOCATED AT
3375 NE 188 STREET FROM BUSINESS AND OFFICE TO PARKS AND
RECREATION; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN
EFFECTIVE DATE.
Ms. Kelley addressed the Commission. 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 Rogers-
Libert and seconded by Commissioner Grossman. There being no public
input, the motion for approval passed unanimously (6-0) by roll call vote.
HEARING: ORDINANCES - SECOND READING:
Mr. Wolpin read the following ordinance by title:
4
Bo
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 Commissioner Beskin 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 roll call vote (4-0 with Commissioners
Grossman and Rogers-Libert absent from the reom) and Ordinance No.
2002-11 was enacted.
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 Rogers-Libert and
seconded by Commissioner Cohen. Mayor Pedow opened the public
hearing. The following individual addressed the Commission: Mr, Albin.
There being no further speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote (6-0) and
Ordinance No. 2002-12 was enacted.
10.RESOLUTIONS: Mr. Wolpin read the following resolution by title:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF
MEMBERS TO THE AVENTURA CULTURAL CENTER FOUNDATION,
INC.; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered
seconded by Commissioner Beskin,
Resolution No, 2002-20 was adopted.
by Commissioner Rogers-Libert,
unanimously passed (6-0) and
11. OTHER BUSINESS: None.
12. PUBLIC COMMENTS: The following individuals addressed the Commission: Mr.
Albin and Patricia Frank, Commodore Plaza.
13. REPORTS: As presented.
14. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and u~imously ps
adjourned at 8 p.m.
meeting
VIC, ~ty Clerk
Approved by the Commission on May 7, 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.
6
FORM BB. MEMORANDUM OF VOTIN .CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER. LOCAL PUBLIC. OFFICERS
WHO MUST FILE FORM 8B
This form ia far usz by ~my person s~rving nt the c~uncy, city, or ~her l~l level of goverrrment ~m an nppointed or elated bonrd,
cou~l. ~ommissi~. auth~ity. ~ eommitt4~. It &pplias ~quaily to members of adv~ry s~d non-advieory t~!es who ~e prezen~d
with a voting conflict of interest under ~ 112.3143, Florida Statutes.
Your re~pondbfli~ias under the law when far~d with rating on a me~ in ~i~ y~ ~ n ~flict of in~r~ ~1l va~ ~y
~n~ on wheth~ you hold ~ el~ m ap~in~ve ~on. For ~is r~, plea~ ~y ~ at~n~ m ~e i~hona on
t~s f~ ~ e~ple~ t~ ~ve~ ~ ~d fili~ ~ fo~.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person ho~ding eSect~ve or appoin~ve oounty, municipal, o~ other ]oc~ publle office MUST ABSTAIN from voting o~ a m~ure
which inures to his or her special privam gain or Io~. Each elected ar appointecl local officer also is prohibited from knowingly voting
e~ a measure which inures to tho special gain or 10aa of a principal (other than a government agent) by whom he or she is retained
(ineludlng the parent eeganintio~ ar sub. diary ara eml~rste principal by which he or she is retainacl); to the sp~ial private gain or
lace of a roi&tire; or r,o the 0pe~dal plivam gain or ~m of t bu~nasa a~eociato. Commissioners of community redevelopment agencies
umier ~ 163 -~$6 or 1~3.31~7, Fol.. and officerw of indeper~tent spa, lei tax districts eleetmi oe~ a or. acre, one-vote basis nr~ not pre-
hg, lmd from vofir, g i~ that mp~-ity.
Far pm~a~, of this law. a 'mln~v~' inelud~ mdy th~ officer's f~ther, mother, son. d~u~n~', hushemi, wif,. brother, sieur, father-
in-law, moth~-in-I~v. ~-in-~w. and da~h~r4n4aw. &'oosir~ ~a~i~t~" m~sns ~y p~reon or ~n~ty eng~.~d i~ or ~Al~yi~g a~
a b~ls~r~,s ~t~Frl,~ with th~ offi~r ~ & pm~er, joint v~n~uror. ~mv~r of im~x~rty, or COrl~'~to sh~rchalder (wher~ the sharzs of
In ~lditio~ to ~d~ining from voting in tl~ aituM~ons d~m~rib~d above, you must aisc lose the COnflict:
PRIOR TO THR VOTE BRING TAKEN by publicly st~i~g t~ tl~ assembly tho ~lature ar your interest in tl~ measure on
WITHD~ 15 DA~S AFTER ~ VOTR OCCUP.~ by ee.-.~ple~ and filing this fo~m with the perean responsible for recording
ti~ mlnutos of the m~,ting, who d~mld im~l~ret~ th. form in the minute.
You mu~t abstain from voting and di~l~e the ~0nfliet in the gtuations daaerib~l above and in the m~nrmr a-scribed for olde'cad o~-
cert. In order to perticip~to in the~ matters, you mu~ dledo~ th~ nature of tile conflict before malting any ntmmpt to influenCe tho
dedsim, la, ether orally or in writing tnd whether made by you or &t your direction.
1F YOU IHt'END TO MAKE ANY ATTEMPT TO INFLUENCE ~ DRCISION PRIOR TO TI-IR MRETING AT WHICIt THE
VOTE WILL B~- TAKEN:
· You must complete and file this form (b4fore ma~ing any uttampt ta influence the de~ision) with the person rSSl~nsible for
m~rding ti~ minums arthe m~et~n~, who will incorporate the fm~n iD the minut~s_
· A copy ar the form must be provided tmm~llat~ly to th$ o~her members of the agency.
· The form must he read publicly at the next meeting ai~r the farm is filed.
CE FORM ~ - REV. 1;95 PAGE I
DISCt. OSURE OF LOCAL OFFICER*S IN'[EREST
measure came or will a~ne I~f~ my agency which (check one)
inured co my sl~dnl p~iv~te pin or 1o~;
inured to the speci&l ~n or I~s M'my business se~ocia~,
inured to the ap~ia] gain or I~s ~my ~la~ve,
in~d ~ ~] ~n ~
is ~ ~t ~ ~ n~ of a pdn~pa] which hu re~n~ me.
~ me~u~ ~f~e my ~ea~ ~d ~ nat~ of my ~nflic~ng in~ro~ in ~e m~u~ is ~ follows:
, W~lCh
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §III.SI?, A FAILLrRE TO MAKE ANY RF~ DISCLO-
SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
1MI~RAcHMI~IT. P. EMOVAL OR SUSI'RNSION FROM OFFICE. OR ~LO~. DEMOTION. REDUCTION
SALARY, II.EPRIMAIqD. OR A CIVIL PENALTY NOT TO EXCR. RD $10,000.
CE FORM 8~- P4'**V. 1J95 PAGe