10-01-2002MINUTES Aventura Government Center
CITY COMMISSION MEETING 19200 w. country Club Drive
OCTOBER 1, 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 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. Soroka and City
Attorney David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE: Matthew Leibowitz, Esq. led the 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.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING VARIANCE FROM SECTION 31-
171(b) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW 15 PARKING SPACES WHERE 18 PARKING SPACES ARE
REQUIRED BY CODE, FOR PROPERTY LOCATED AT 17866
BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Cohen. Community Development Director Joanne Carr
explained the request of the applicant and entered the staff report into the record.
Mayor Perlow opened the public hearing. The following individual addressed the
Commission: Stanley Price, Esq., 2500 First Union Financial Center,
representing the applicant. There being no further speakers, the public hearing
was closed. The motion for approval passed unanimously and Resolution No.
2002-55 was adopted.
4. ELECTION OF VICE MAYOR: After motion made by Commissioner Rogers-Libert,
seconded by Commissioner Cohen, and unanimously passed, Commissioner Holzberg
was elected as Vice Mayor for the next 6-month term.
5. AGENDA: Request for Deletions/Emergency Additions: None.
6. SPECIAL PRESENTATIONS: None.
7. CONSENT AGENDA: Mayor Perlow requested removal of item 7-1 from the
Consent Agenda. A motion to approve the remainder of 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:
September 3, 2002 Budget Hearing
September 3, 2002 Commission Meeting
September 19, 2002 Budget Hearing
September 24, 2002 Workshop Meeting
B. Resolution No. 2002-56 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-O103-
021 FOR PROFESSIONAL DESIGN SERVICES FOR THE YACHT
CLUB WAY DRAINAGE IMPROVEMENTS PROJECT BY AND
BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON
AND ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE.
C. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $55,900
FOR CRIME PREVENTION MATERIALS, SWAT TEAM EQUIPMENT,
DIVE TEAM EQUIPMENT, GAS PUMP CANOPY, YOUTH PROGRAM
AND ELECTRONIC GUN CLEANING EQUIPMENT FROM THE POLICE
FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM DATED SEPTEMBER 11, 2002.
D. Resolution No. 2002-57 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
E. Resolution No. 2002-58 was adopted as follows:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DEDICATING A TEN (10) FOOT WIDE
EASEMENT TO FLORIDA POWER AND LIGHT ON THE AVENTURA
COMMUNITY/RECREATION CENTER SITE; PROVIDING FOR
RECORDATION; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 2002-59 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. 02-265-A
FOR PROFESSIONAL LANDSCAPE ARCHITECTURE SERVICES TO
PERFORM LANDSCAPE AND IRRIGATION DESIGN SERVICES FOR
THE COUNTRY CLUB DRIVE LANDSCAPE/IRRIGATION
IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF
AVENTURA AND O'LEARY DEISGN ASSOCIATES FOR THE AMOUNT
OF $66,955.00; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. 2002-60 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AN EXTENSION OF THE TIME TO
RECORD THE "AVENTURA BAY VILLAS" PLAT, BEING A PLAT OF A
PORTION OF LAND IN THE SOUTH % OF THE SOUTH % OF
FRACTIONAL SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST
AND PORTIONS OF LAND IN THE SOUTH t/2 OF THE SOUTH t/2 OF
FRACTIONAL SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST,
CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING
FOR AN EFFECTIVE DATE.
Resolution No. 2002-51 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT FOR COLLECTION OF
UNPAID, ESCAPED AND DELINQUENT OCCUPATIONAL LICENSES
ON INSURANCE COMPANIES WHICH TRANSACT BUSINESS IN THE
CITY BETWEEN THE CITY OF AVENTURA AND THE FLORIDA
LEAGUE OF CITIES INC.; AUTHORIZING THE CITY MANAGER TO DO
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ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
J. Resolution No. 2002-62 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA
AND MIAMI DADE COUNTY TO PROVIDE A COMMUNITY DRUG &
CRIME PREVENTION PROGRAM; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
The following item was removed from the Consent Agenda and addressed separately:
I. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA; SUPPORTING THE NOVEMBER 5, 2002
BALLOT INITIATIVE PROPOSING A SALES TAX INCREASE OF
WHICH MUNICIPALITIES WILL RECEIVE A 20% SHARE
EXCLUSIVELY DEDICATED TO THE TRANSPORTATION NEEDS OF
MIAMI-DADE COUNTY AND THE MUNICIPALITIES OF MIAMI-DADE
COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Cohen. An amendment was offered by
Commissioner Rogers-Libert, seconded by Commissioner Cohen and
unanimously passed to clarify that this is a 1/2 cent sales tax and
municipalities would receive 20% of the revenues generated from that 1/2
cent sales tax increase. The motion for approval, as amended, passed
unanimously and Resolution No. 2002-63 was adopted.
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 FRANCHISE AGREEMENT BETWEEN THE CITY AND
COMMUNITY CABLE TELEVISION BY EXTENDING THE EXPIRATION
DATE OF THE FRANCHISE AGREEMENT FROM APRIL 22, 2008 TO
APRIL 23, 2009; PROVIDING FOR EFFECTIVE DATE.
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A motion for approval was offered by Commissioner Rogers-Libert, and
seconded by Commissioner Berger. Matthew Leibowitz, Esq., the City's
cable counsel, addressed the Commission. There was no public input.
The motion for approval passed unanimously by roll call vote.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 31 "LAND
DEVELOPMENT REGULATIONS" ARTICLE V "DEVELOPMENT
REVIEW PROCEDURES", AT PARAGRAPH (D) "FILING OF
APPLICATIONS" OF SECTION 31-71 "PROCEDURES OF GENERAL
APPLICABILITY", TO PROHIBIT ANY APPLICANT OR APPLICANT
REPRESENTATIVE FROM CONTACTING THE CITY'S
PROFESSIONAL STAFF (OTHER THAN THE CITY MANAGER)
CONCERNING A PENDING QUASI-JUDICIAL APPLICATION FOR A
DEVELOPMENT PERMIT FROM THE TIME OF THE FILING OF THE
APPLICATION UNTIL THE TIME OF THE PREPARATION AND
DISTRIBUTION OF THE CITY MANAGER'S WRITTEN
RECOMMENDATION; AND AMENDING CHAPTER 34 "PLANNING
AND ZONING", ARTICLE Ii "QUASI~JUDICIAL MATTERS", AT
SECTION 34-34 "EX-PARTE COMMUNICATIONS", TO GENERALLY
PROHIBIT CITY COMMISSIONERS FROM DISCUSSING THE MERITS
OF ANY SPECIFIC ISSUE WHICH IS THE SUBJECT OF A PENDING
QUASI.JUDICIAL APPLICATION, OUTSIDE OF THE PUBLIC
HEARING PROCESS; PROVIDING FOR SEVERABiLITY; PROVIDING
FOR iNCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin and seconded
by Commissioner Rogers-Libert. An amendment was offered by
Commissioner Berger and seconded by Commissioner Rogers-Libert to
amend Section 2 of the Ordinance - Sec. 34-34(b) to provide that this shall
not apply to applicant and/or resident conferences. The motion failed, 2-
5, with Commissioners Berger and Rogers-Libert voting yes and
Commissioners Beskin, Grossman, Cohen, Vice Mayor Holzberg and
Mayor Pedow voting no. The following individuals addressed the
Commission: Mr. Price; Ben Fernandez, Esq., Bemow & Radell; and
Robert Burroughs. Them was no further public input. The motion for
approval passed unanimously by roll call vote.
PUBLIC HEARING: ORDINANCES- SECOND READING:
Mr. Wolpin read the following ordinance by title:
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AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 4, "ALCOHOLIC
BEVERAGES," BY AMENDING PARAGRAPH (A) "DISTANCE FROM
OTHER ESTABLISHMENTS", PARAGRAPH (B) "DISTANCE FROM
RELIGIOUS FACILITY OR SCHOOL", AND PARAGRAPH (E)
"EXCEPTIONS TO SPACING AND DISTANCE REQUIREMENTS," OF
SECTION 4-2 "LOCATION OF ESTABLISHMENTS"; AND BY
REPEALING SECTION 4-6 "ZONING DISTRICT REGULATIONS" TO
CLARIFY THAT CONDITIONAL USE IS THE APPLICABLE CRITERIA
AND TO DELETE THE OBSOLETE REFERENCE TO MIAMI-DADE
COUNTY CODE; 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 Grossman. Mayor Pedow opened the public hearing. Thero
being no speakers, the public hearing was closed. The motion for approval
passed unanimously by roll call vote (5-0 with Commissioners Rogers-Libert and
Cohen absent from the room) and Ordinance No. 2002-25 was enacted.
1~. Mr. Wolpin road the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 42, "STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES," ARTICLE II "NEWSRACKS" OF THE CITY CODE;
AMENDING SECTION 42-32 "DEFINITIONS" TO ADD NEW
DEFINITIONS FOR THE TERMS "CITY.OWNED NEWSRACK" AND
"NEWSRACK PORTICO;" AMENDING SECTION 42-33 "PROHIBITED
NEWSRACKS" TO REQUIRE REMOVAL OF PRIVATE NEWSRACKS
ON PUBLIC PROPERTY NOT LOCATED WITHIN A NEWSRACK
PORTICO; AMENDING SECTION 42-34 "PERMIT REQUIRED" TO
REQUIRE PERMITS FOR THE USE OF CITY-OWNED NEWSRACKS;
AMENDING SECTION 42-35 "APPLICATION FOR PERMIT; APPROVAL
OF LOCATION" TO REQUIRE THAT THE LOCATION OF THE
NEWSRACK PORTICO OR CITY-OWNED NEWSRACK BE SPECIFIED
ON THE PERMIT APPLICATION; AMENDING SECTION 42-36
"ISSUANCE OF PERMIT; CONDITIONS; FEES" TO REQUIRE A FEE
FOR THE USE OF A CITY-OWNED NEWSRACK; AMENDING SECTION
42-37 "INDEMNIFICATION" TO REQUIRE INDEMNIFICATION BY
PERSONS UTILIZING CITY-OWNED NEWSRACKS; AMENDING
SECTION 42-38 "IDENTIFICATION OF DISTRIBUTOR TO BE POSTED
ON NEWSRACKS" TO REQUIRE IDENTIFICATION ON PRIVATE
NEWSRACKS; AMENDING SECTION 42-39 "LOCATION, PLACEMENT
AND NUMBER" TO REQUIRE THAT PRIVATELY OWNED NEWSRACKS
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ON ANY PORTION OF A PUBLIC RIGHT-OF-WAY BE PLACED IN A
NEWSRACK PORTICO; AMENDING SECTION 42-40 "EQUIPMENT
STANDARDS; ADVERTISING; MAINTENANCE" REGARDING THE
MAINTENANCE OF PRIVATELY-OWNED NEWSRACKS; PROVIDING
PENALTIES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Holzberg and seconded
by Commissioner Rogers-Libert. Mayor Perlow opened the public
hearing. Thers being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote and Ordinance
No, 2002-26 was enacted.
10. RESOLUTIONS: None.
OTHER BUSINESS: None.
12. PUBLIC COMMENTS: None.
13. REPORTS. As submitted.
14. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and un~nimously pas, se,d, the meeting
adjourned at 7:30 p.m. ///..t ~,,//} /
T lerk
Approved by the Commission on November 12, 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, fo~ such purpose, may need to ensure that a verbatim reco~d of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
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