07-02-2002 MINUTES
CITY COMMISSION MEETING
JULY 2, 2002 6 PM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:23 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Jay R. Beskin, Ken Cohen,
Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Arthur Berger,
Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. $oroka 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: None.
5. SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Rogers-Libert, seconded by Commissioner Cohen, unanimously passed
and the following action was taken:
A. Minutes were approved as follows:
June 4, 2002 Commission Meeting
June 13, 2002 Workshop Meeting
B. Resolution No. 2002-38 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF STUART
WERNER TO THE CITY OF AVENTURA ECONOMIC DEVELOPMENT
ADVISORY BOARD IN ORDER TO FILL A VACANCY; AND
PROVIDING AN EFFECTIVE DATE.
C. Resolution No. 2002-39 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 02-06.07-2, BISCAYNE LAKE GARDENS AREA
DRAINAGE IMPROVEMENTS, TO SOUTHEASTERN ENGINEERING
CONTRACTORS, INC. AT THE BID PRICE OF $400,904.00.
AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED
CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND
ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING
FOR AN EFFECTIVE DATE.
The following Ordinance was read by title by Mr. Wolpin and 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 2001/2002 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.
E. Resolution No. 2002-40 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED MANAGEMENT AGREEMENT FOR THE
AVENTURA CHARTER ELEMENTARY SCHOOL BETWEEN THE CITY
OF AVENTURA AND CHARTER SCHOOLS USA, INC.; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $49,322
FOR TASER EQUIPMENT, DRYING CABINET, DIGITAL CAMERA AND
PORTABLE SOUND SYSTEM FROM THE POLICE FORFEITURE
FUND IN ACCORDANCE WITH CITY MANAGER'S MEMORANDUM.
Resolution No. 2002-41 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SUPPORTING MIAMI-DADE COUNTY'S
HUMAN RIGHTS ORDINANCE WHICH PROHIBITS DISCRIMINATION
IN HOUSING, EMPLOYMENT AND BANKING BASED ON SEXUAL
ORIENTATION; OPPOSING ANY ATTEMPT TO REPEAL THE
ORDINANCE IN THE UPCOMING MIAMI-DADE COUNTY ELECTIONS;
AND PROVIDING AN EFFECTIVE DATE.
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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,"
ARTICLE III "ADVISORY BOARDS," DIVISION 3 "ECONOMIC
DEVELOPMENT ADVISORY BOARD," BY AMENDING SECTION 2-154
'!RULES OF PROCEDURE" AT PARAGRAPH (C) THEREOF;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Berger and seconded by
Commissioner Holzberg. There was no public input. The motion for
approval failed 0-7.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO SPECIFY THE ENFORCEABILITY
OF RESTRICTIONS, LIMITATIONS OR CONDITIONS INCLUDED IN
ALL DEFINITIONS; AMENDING THE DEFINITION OF "HOTEL," AND
CREATING RESTRICTIONS, LIMITATIONS OR CONDITIONS
CONCERNING HOTELS; AMENDING DEFINITION OF "RESIDENCE
OR RESIDENTIAL USE," CREATING DEFINITION FOR "MULTI-
FAMILY RESIDENTIAL DWELLING;" PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR PENALTY; PROVIDING FOR AN EFFECTIVE DATE.
Ms. Carr 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 Cohen. Ben Fernandez, Esq.,
Bercow & Radell, 200 South Biscayne Boulevard, representing Herman
Morello, addressed the Commission. There being no further public input,
the motion for approval passed unanimously by roll call vote.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
PARAGRAPH (b) OF SECTION 31-145 "TOWN CENTER DISTRICT
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D=
(TC1) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ADD
CONDITIONAL USE REGULATIONS REGARDING MINIMUM FLOOR
AREAS, ALLOCATIONS OF INTERIOR SPACE, STRUCTURED
PARKING REQUIREMENTS, DRIVEWAY STANDARDS AND OFF-
STREET PARKING REQUIREMENTS IN THE TCl ZONING DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
Ms. Carr 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 Holzberg,
and seconded by Commissioner Rogers-Libert. There being no 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
PARAGRAPH (k) "MODIFICATIONS TO RECORDED PLATS" OF
SECTION 31-78 "SUBDIVISION PLAT APPROVAL" OF THE CITY'S
LAND DEVELOPMENT REGULATIONS REGARDING SUBDIVISION
REQUIREMENTS AND EXCEPTIONS BY PROVIDING FOR
DECLARATIONS IN LIEU OF UNITY OF TITLE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
Ms. Carr 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 Vice Mayor Berger. There being no 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,
AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$13,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF
OBLIGATIONS OF THE CITY TO FINANCE THE SITE
ACQUISITION, CONSTRUCTION AND EQUIPPING OF A K-5
CHARTER ELEMENTARY SCHOOL AND THE COMPLETION OF A
COMMUNITY RECREATION CENTER AND TO PAY COSTS AND
EXPENSES OF ISSUING SUCH OBLIGATIONS; PROVIDING FOR A
COVENANT TO BUDGET AND APPROPRIATE LEGALLY
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AVAILABLE NON-AD VALOREM FUNDS EACH YEAR TO PAY
THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND
INTEREST ON THE OBLIGATIONS; PROVIDING FOR THE
RIGHTS OF THE HOLDERS OF SUCH OBLIGATIONS;
PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert, and
seconded by Commissioner Grossman. Mr. Soroka noted minor changes
made subsequent to distribution of agenda. Robert Burroughs addressed
the Commission. Commissioner Beskin noted in Section 5, line 2 the term
"Resolution" should be "resolution". There being no further public input,
the motion for approval passed unanimously by roll call vote.
8. PUBLIC HEARING: ORDINANCES - SECOND READING: 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.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Cohen. Ms. Carr 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. 2002-17 was enacted.
10. RESOLUTIONS: None.
11. OTHER BUSINESS: None.
12. PUBLIC COMMENTS: None.
13. REPORTS: Commission discussed Miami-Dade County Mayor Penelas's proposed
transit system surtax.
14. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and un~J~imously passed,/~he meeting
adjourned at 7:45 p.m. ~/ I_, //~ ~/
T~ M. So~CM~/, City Clerk
Approved by the Commission on September 3, 2002.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or headng
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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