10-05-2004
A~ City of
.fiventura
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',..Y
MINUTES
CITY COMMISSION MEETING
OCTOBER 5, 2004 6 p.m.
Aventura Government Center
19200 W. Country Club Drive
Aventu,", 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 lev Auerbach, Jay R. Beskin,
Ken Cohen, Manny Grossman, Harry Holzberg, Vice Mayor Bob Diamond, 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: Miami-Dade County Commissioner Sally Heyman led
the pledge of allegiance. .
Commissioner Heyman addressed the Commission expressing appreciation to the
Police Department for their assistance and service during the recent hurricanes;
expressing appreciation to the City Manager and City Clerk for assistance in the
upcoming election process; and distributed information and urged support for the 2004
Bond Program.
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 City Clerk Teresa M. Soroka.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA MODIFYING THE APPROVALS GRANTED THROUGH
RESOLUTION NO. 2003-64 PASSED SEPTEMBER 2, 2003; TO MODIFY
SECTION 1. TO ALLOW A MINIMUM STREET SIDE YARD SETBACK OF
SEVEN FEET SIX INCHES FOR THE FIRST FLOOR OF ALL TOWNHOME
LOTS AND TO ALLOW A MINIMUM STREET SIDE YARD SETBACK OF TWO
FEET TEN INCHES FOR SECOND STORY PATIO AND FOUR FEET FOUR
INCHES FOR SECOND STORY BAY WINDOW ON TOWNHOME LOTS 20, 21,
25,30,31,45,50,53,54 AND 57, WHERE A MINIMUM STREET SIDE YARD
SETBACK OF SEVEN FEET SIX INCHES WAS ALLOWED BY RESOLUTION
NO. 2003-64; FOR PROPERTY LOCATED ON NE 28 COURT AT NE 185
STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded by
Vice Mayor Diamond. Joanne Carr, Planning Director, explained the request and
entered the staff report into the record. Mayor Perlow opened the public hearing.
The following individuals addressed the Commission: Jeffrey Bercow, Esq., 200
S. Biscayne Boulevard, and Ed Yorka, Architect, 7695 SW 104 Street, Pinecrest,
representing the applicant; Richard Friedman, 20379 W. Country Club Drive; and
Bob Burroughs. There being no further speakers, the public hearing was closed.
The motion for approval passed, 5-2, with Commissioner Beskin and Vice Mayor
Diamond voting no and Resolution No. 2004-52 was adopted.
4. ELECTION OF VICE MAYOR. A motion was offered by Commissioner Holzberg,
seconded by Commissioner Auerbach and unanimously passed to appoint
Commissioner Cohen as Vice Mayor for the next 6-month period.
5. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: A motion
was offered by Vice Mayor Cohen, seconded by Commissioner Holzberg and
unanimously passed to add to the agenda under item 10 discussion concerning support
of the County's proposed GO Bond program.
6. SPECIAL PRESENTATION: None.
7. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Grossman, seconded by Vice Mayor Diamond, unanimously passed
and the following action was taken:
A.
The minutes of the September 7, 2004 Commission Meeting, September
9, 2004 1st Budget Public Meeting, September 21, 2004 2nd Budget Public
Meeting, and September 23, 2004 Workshop Meeting were approved.
B.
Resolution No. 2004-53 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. 01-0103-046
FOR PROFESSIONAL DESIGN SERVICES FOR THE NE 207TH
STREET RESURFACING IMPROVEMENTS PROJECT BY AND
BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND
ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE.
C.
Resolution No. 2004-54 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF
DEDICATION OF EASEMENT FROM DONALD SOFFER, AS TRUSTEE
UNDER LAND TRUST AGREEMENT NO. SR-1 TO THE CITY OF
AVENTURA TO INSTALL, ACCESS AND MAINTAIN A PORTION OF
THE STORM SEWER SYSTEM PERTAINING TO THE YACHT CLUB
WAY DRAINAGE IMPROVEMENTS PROJECT: AUTHORIZING THE
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CITY MANAGER TO OBTAIN AND EXECUTE INSTRUMENTS
CONCERNING DEDICATION; AUTHORIZING ACCEPTANCE OF
DEDICATION; PROVIDING FOR EFFECTIVE DATE.
8. ORDINANCES: FIRST READING/PUBLIC INPUT: 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", AT ARTICLE
IV "FINANCE", BY AMENDING SECTION 2-232 "REQUESTS FOR
INFORMATION CONCERNING PENDING CHARGES OR LIENS;
PREPARATION AND RECORDING OF LIENS AND LIEN SATISFACTIONS";
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Diamond and seconded by
Commissioner Grossman. 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.
9. PUBLIC HEARING: ORDINANCES - SECOND READING: Mr. Wolpin read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
EXHIBIT "B" TO AN APPROVED DEVELOPMENT AGREEMENT DATED
SEPTEMBER 2, 2003 MADE BETWEEN MERCO GROUP AT AVENTURA
LANDINGS I, II AND III, INC. AND THE CITY OF AVENTURA REGARDING
THE CONDOMINIUM PARCEL NORTH OF PROPOSED NE 185 STREET AND
WEST OF NE 28 COURT FOR PROPERTY LOCATED ON NE 28 COURT AND
NE 185 STREET, CITY OF AVENTURA, TO CHANGE THE PROPOSED
MAXIMUM NUMBER OF STORIES OF THE CONDOMINIUM FROM 18
STORIES TO 19 STORIES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
Ms. Carr addressed the Commission. A motion for approval was offered by Vice
Mayor Cohen and seconded by Commissioner Holzberg. 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.
2004-17 was enacted.
10. RESOLUTIONS - PUBLIC HEARING: A motion to adopt a resolution in support of
Miami-Dade County's proposed GO Bond program was offered by Vice Mayor Cohen,
seconded by Commissioner Diamond and unanimously passed.
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11.CITY COMMISSION ACTING IN ITS CAPACITY AS AVENTURA CITY OF
EXCELLENCE SCHOOL BOARD OF DIRECTORS:
A. A motion to approve the minutes of the June 25, 2004 meeting was offered by
Commissioner Diamond, seconded by Vice Mayor Cohen and unanimously
passed.
B. A motion to accept for filing the Special Purpose Financial Statements for
Aventura Charter Elementary School FN 2003-04 was offered by Commissioner
Holzberg, seconded by Vice Mayor Cohen and unanimously passed.
12.0THER BUSINESS: None.
13.PUBLIC COMMENTS: None.
14. REPORTS. As submitted.
15. 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 7:15 p.m.
T
Approved by the Commission on November 9, 2004.
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 appeai is to be based.
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