01-07-2003MINUTES Aventura Government Center
CITY COMMISSION MEETING 19200 W. Count~ Club Ddve
JANUARY 7, 2003 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, Patricia Rogers-Libert, Vice Mayor Harry Holzberg,
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: Manuel Grife led the pledge of allegiance.
A motion was offered by Commissioner Berger, seconded by Commissioner Rogers-
Libert and unanimously passed, to address item 6 at this time.
6. CONSENT AGENDA: Commissioner Beskin requested removal of items 6B and 6H
from the Consent Agenda. A motion to approve the remainder of the Consent Agenda
was offered by Commissioner Rogers-Libert, seconded by Commissioner Berger,
unanimously passed and the following action was taken:
A. Minutes were approved as follows:
November 12, 2002 Commission Meeting
November 21,2002 Workshop Meeting
C. Resolution No. 2003-01 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 # 01-0103-024
FOR PROFESSIONAL CONSULTING SERVICES WITH CRAVEN
THOMPSON AND ASSOCIATES, INC. TO PREPARE CONSTRUCTION
DRAWINGS AND SPECIFICATIONS FOR THE DEVELOPMENT OF
THE NE 31 AVENUE PARK IN THE AMOUNT OF $20,600.00;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
D. Resolution No. 2003-02 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BETWEEN
THE CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR THE
PROVISION OF PUBLIC TRANSPORTATION SERVICES WITHIN THE
CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 2003.03 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 COMMUNITY SERVICES
ADVISORY BOARD FOR A ONE-YEAR TERM; AND PROVIDING AN
EFFECTIVE DATE.
Resolution NO. 2003.04 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AMENDING RESOLUTION NO. 2001-76, AS
AMENDED BY RESOLUTION 2002-01 WHICH APPROVED
APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA
COMMUNITY SERVICES ADVISORY BOARD BY AMENDING
SECTION 2 IN ORDER TO FILL A VACANCY; AND PROVIDING AN
EFFECTIVE DATE.
Mr. Wolpin read the following ordinance by title that was approved 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. 2003-05 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. 02-12-23-10, COUNTRY CLUB DRIVE ROADWAY
RESURFAClNG AND STREET LIGHTING IMPROVEMENTS, TO
SOUTHEASTERN ENGINEERING CONTRACTORS, INC. AT THE BID
PRICE OF $1,765,153.16. AUTHORIZING THE CITY MANAGER TO
EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY
2
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.
J. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $25,720
FOR JUVENILE DRUG PROGRAM, TASERS AND ACCESSORIES,
PROPERTY LOCKS AND VIDEO ENHANCEMENT EQUIPMENT FROM
THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY
MANAGER'S MEMORANDUM.
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.
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 31-193(e)(1) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW MODIFICATION TO A COMMERCIAL
ADVERTISING SIGN LOCATED ON THE EAST SIDE OF THE FLORIDA
EAST COAST RAILWAY TRACKS SOUTH OF IVES DAIRY ROAD,
CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Grossman and seconded by
Commissioner Beskin. Planning 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 individuals addressed the Commission: John
Emer, Esq., 1101 Brickell Avenue #1400, representing applicant; Herb
Friedlander, Coronado; Jules Lipp, 20251 NE 25th Avenue; Leonard Brenner,
19355 Turnberry Way; Emil Hubschman, 3640 Yacht Club Drive; Joe Platnick,
18071 Biscayne Blvd.; Steve Hagen, 725 NE 73rd Street, Miami. There being no
further speakers, the public hearing was closed. A motion to table this item was
offered by Vice Mayor Holzberg and died for lack of a second. An amendment
was offered by Commissioner Cohen, seconded by Commissioner Berger and
passed 6-1, with Vice Mayor Holzberg voting no, to amend the Resolution to
provide a condition that the billboard will be removed within 12 years of the date
of adoption of the Resolution. The motion for approval, as amended,
passed 4-3, with Commissioner Rogers-Libert, Vice Mayor Holzberg and Mayor
Perlow voting no and Resolution No. 2003-06 was adopted.
3
The meeting recessed for 5 minutes at this time.
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DENYING VARIANCE FROM SECTION 31-
75(b)(4)OF THE CITY'S LAND DEVELOPMENT REGULATIONS
WHICH PROHIBITS TEMPORARY SALES OFFICES AND MODEL
HOMES AT THE PROPERTY WITHOUT AN APPROVED SITE PLAN
FOR THE PERMANENT USE WHICH IT IS INTENDED TO SERVE FOR
PROPERTY LOCATED ON NE 185 STREET, CITY OF AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert, and
seconded by Vice Mayor Holzberg. At the request of the applicant, represented
by Ben Fernandez, Esq., Bercow & Radell, a motion was made, seconded and
unanimously passed to defer this matter to the February regular Commission
meeting.
4. AGENDA: Request for Deletions/Emergency Additions: None.
5. SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA: (continued) The following items were removed from the
Consent Agenda and addressed separately:
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 02-11-12-2, MUNICIPAL TRANSITSERVICE, TO
LIMOUSINES OF SOUTH FLORIDA, INC., AT THE BID PRICE OF
$328,814.00; AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO
TAKE THE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert,
seconded by Commissioner Grossman, unanimously passed and
Resolution No. 2003-07 was adopted.
H. Mr. Wolpin read the following ordinance by title:
4
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2002-24 WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 200212003 FISCAL
YEAR BY REVISING THE 200212003 FISCAL YEAR OPERATING AND
CAPITAL BUDGET AS OUTLINED IN EXHIBITS "A" AND "B"
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 Commissioner Rogers-Libert,
seconded by Commissioner Beskin and passed unanimously by roll call
vote.
ORDINANCES - FIRST READING/PUBLIC INPUT: None.
PUBLIC HEARING: ORDINANCES - SECOND READING:
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
PARAGRAPH (b) OF SECTION 31-143 "RS1" DISTRICT, PARAGRAPH (c)
OF SECTION 31-143 "RS2" DISTRICT, PARAGRAPH (d) OF SECTION 31-143
"RMF3" DISTRICT, PARAGRAPH (e) OF SECTION 31-143 "RMF3A"
DISTRICT, PARAGRAPH (f) OF SECTION 143 "RMF4" DISTRICT,
PARAGRAPH (g) OF SECTION 143 "RMF3B" DISTRICT, PARAGRAPH (b)
OF SECTION 31-144 "BI" DISTRICT, PARAGRAPH (c) OF SECTION 31-144
"B2" DISTRICT, PARAGRAPH (d) OF SECTION 31-144 "B3" DISTRICT,
PARAGRAPH (e) OF SECTION 31-144 "OP" DISTRICT, PARAGRAPH (f) OF
SECTION 31-144 "MO" DISTRICT, PARAGRAPH (b) OF SECTION 31-145
"TCI" DISTRICT, PARAGRAPH (c) OF SECTION 31-145 "TC2" DISTRICT IN
ALL CASES TO DELETE COMMUNITY FACILITY (CF) USES AS PERMITTED
USES AND ADD COMMUNITY FACILITY (CF) USES AS CONDITIONAL
USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Berger. 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. 2003-01 was enacted.
9. RESOLUTIONS: None.
10. OTHER BUSINESS: None.
5
11. PUBLIC COMMENTS: None.
12. REPORTS. As submitted.
13. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and u animously as d, the meeting
adjourned at 8: 45 p.m.
Approved by the Commission on February 4, 2003.
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