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02-02-2010 A~. cay d .nventtJ.ra - MINUTES CITY COMMISSION MEETING FEBRUARY 2, 2010 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 p.m. by Mayor Susan Gottlieb. Present were Commissioners lev Auerbach, Bob Diamond, Billy Joel, Michael Stern, Teri Holzberg, Vice Mayor Luz Urbaez Weinberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Alan Greenfield, Esq. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: After motion offered by Commissioner Holzberg, seconded by Commissioner Joel and unanimously passed, item 6-B was tabled to the March 2, 2010 Commission meeting and for discussion at the February 18, 2010 Workshop Meeting. 4. SPECIAL PRESENTATIONS: None. 5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Joel, seconded by Commissioner Diamond, passed unanimously and the following action was taken: A. APPROVAL OF MINUTES: January 5,2010 Commission Meeting January 21, 2010 Workshop Meeting B. Resolution No. 2010-06 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. 10-01-06-2, COUNTRY CLUB DRIVE EXERCISE PATH IMPROVEMENTS TO FLORIDA ENGINEERING AND DEVELOPMENT CORPORATION AT THE BID PRICE OF $324,110.50 CONTAINED IN EXHIBIT "A" ATTACHED; 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. C. Resolution No. 2010-07 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA ADOPTING THE CITY OF A VENTURA 2010 LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2010-08 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. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $64,000 FOR WEAPONS RACK, CONTRIBUTION TO LEO FOUNDATION, SERVICES TO RESTRUCTURE PD RULES AND REGULATIONS, AND EQUIPMENT FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. F. The following motion was approved: MOTION TO APPROVE PRESENTATION OF KEY TO THE CITY TO NATIONAL HADASSAH PRESIDENT NANCY FALCHUK G. Resolution No. 2010-09 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 MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF MIAMI GARDENS FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. H. Resolution No. 2010-10 was adopted as follows: 2 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 MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND MIAMI SHORES VILLAGE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. I. Resolution No. 2010-11 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 MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. J. Resolution No. 2010-12 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED POLICE SERVICES AGREEMENT BETWEEN THE CITY OF AVENTURA AND AVENTURA MALL VENTURE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. K. Resolution No. 2010-13 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. 10-01-05-2, AVENTURA GOVERNMENT CENTER CHILLER REPLACEMENT TO SOUTHEASTERN CHILLER OF MIAMI, INC. AT THE BID PRICE OF $339,871.00 AS CONTAINED IN EXHIBIT "A" ATTACHED; 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. 3 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. A. Mr. Wolpin reviewed the quasi-judicial procedures and read the following resolution by title. All witnesses giving testimony were sworn in by the City Clerk. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW LOT COVERAGE OF 73.9% FOR AN OFFICE DEVELOPMENT LOCATED IN BOTH THE COMMUNITY BUSINESS (B2) DISTRICT AND THE MEDICAL OFFICE (MO) DISTRICT WHERE MAXIMUM LOT COVERAGE OF 40% IS PERMITTED BY CODE AND TO ALLOW FLOOR AREA RATIO OF 1.82 WHERE MAXIMUM FLOOR AREA RATIO OF 1.28 IS PERMITTED BY CODE; FOR PROPERTY LOCATED AT 21420 BISCAYNE BOULEVARD, CITY OF AVENTURA PROPOSED TO BE CONSTRUCTED UNDER THE CITY'S GREEN BUILDING PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Weinberg, and seconded by Commissioner Auerbach. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record. Mayor Gottlieb opened the public hearing. The following individuals addressed the Commission: Alan Rosenthal, Esq., One Aventura Place, representing the applicant; Javier Font, Behar Font Partners, Architect, 4533 Ponce de Leon, Coral Gables, Jackie Tako, 12455 Keystone Drive, N. Miami. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously and Resolution No. 2010-14 was enacted. B. A RESOLUTION OF THE CITY OF A VENTURA, FLORIDA, CONCERNING AN APPEAL PURSUANT TO SECTION 31-83 OF THE CITY CODE FROM A WRITTEN ORDER, REQUIREMENT, DECISION, DETERMINATION OR INTERPRETATION MADE BY AN ADMINISTRATIVE OFFICIAL IN ENFORCEMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS RELATING TO THE WALL SIGN AT 17651 BISCA YNE BOULEVARD, CITY OF A VENTURA; PROVIDING FOR AN EFFECTIVE DATE. (Tabled) 7. ORDINANCES: FIRST READING/PUBLIC INPUT: None. 4 8. ORDINANCES: SECOND READING/PUBLIC HEARING: None. 9. RESOLUTIONS - PUBLIC HEARING: None. 10. REPORTS: As presented. 11. PUBLIC COMMENTS: 12.0THER BUSINESS: None. 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 7:30 p.m. Approved by the Commission on March 2, 2010. 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. 5