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01-04-2005 A'!he City of. n.ventura -i)- '..,j MINUTES CITY COMMISSION MEETING JANUARY 4, 2005 6 p.m. Aventura Govemment Center 19200 W. Country Club Drive 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 lev Auerbach, Jay R. Beskin, Bob Diamond, Manny Grossman, Harry Holzberg, Vice Mayor Ken Cohen, 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. Commission observed a moment of silence for victims of the tsunami disaster in Asia. 3. ZONING HEARINGS: SPECIALLY SET BY COMMISSION FOR 6 P.M. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CONCERNING AN APPLICATION FOR MODIFICATION TO CONDITIONAL USE APPROVAL GRANTED THROUGH RESOLUTION NO. 2002-46 TO ALLOW A CHANGE IN EXTERIOR COLOR ON THE PHASE 1 BUILDINGS IN THE TOWN CENTER LOCATED AT 18741 BISCAYNE BOULEVARD, AVENTURA; PROVIDING AN EFFECTIVE DATE. At the request of the applicant, a motion to defer this item to the February 1, 2005 Commission meeting was offered by Commissioner Diamond, seconded by Commissioner Grossman and unanimously passed. 4. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: A motion was offered by Commissioner Cohen, seconded by Commissioner Auerbach and unanimously passed to add to the agenda as an emergency item discussion of the County's request to change the date of the City's March election. 5. SPECIAL PRESENTATION: None. 6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Grossman, seconded by Commissioner Diamond, unanimously passed and the following action was taken: A. The minutes of the November 9, 2004 Commission Meeting, December 16, 2004 Special Meeting and December 16, 2004 Workshop Meeting were approved. B. Resolution No. 2005-01 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED JOINT PROJECT AGREEMENT FOR STREET LIGHTING IMPROVEMENTS ALONG THE WESTBOUND AND EASTBOUND FRONTAGE ROADS OF THE WILLIAM LEHMAN CAUSEWAY BY AND BETWEEN THE CITY OF AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 2005-02 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. 04-12-3-2, POLICE EGRESS LANE AND DUMPSTER RELOCATION, TO PARAMOUNT ENGINEERING, INC. AT THE BID PRICE OF $77,375.98; 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. 7. ORDINANCES: FIRST READING/PUBLIC INPUT: None. 8. PUBLIC HEARING: ORDINANCES - SECOND READING: 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 INCLUDE DEFINITIONS FOR "SECONDHAND JEWELRY" AND "SECONDHAND PRECIOUS METALS" AND TO AMEND SECTION 31-144(c) "COMMUNITY BUSINESS (B2) DISTRICT" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE THE PURCHASE AND SALE OF SECONDHAND JEWELRY AND SECONDHAND PRECIOUS METALS AS A PERMITTED USE; TO REQUIRE PROVISION OF SECURITY PLANS FOR ESTABLISHMENTS THAT PURCHASE AND SELL SECONDHAND JEWELRY AND SECONDHAND PRECIOUS METALS AND TO PROHIBIT PAWNSHOPS IN THE "COMMUNITY BUSINESS (B2) DISTRICT"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 2 A motion for approval was offered by Commissioner Cohen and seconded by Commissioner Auerbach. Mayor Perlow opened the public hearing. The following individuals addressed the Commission: Robert Stock, Esq., 2875 NE 191st Street; and Mr. Levine, representing the International Jewelry Exchange. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2005-01 was enacted. 9. RESOLUTIONS - PUBLIC HEARING: None. 10.0THER BUSINESS: Ms. Soroka advised the Commission that the County has requested that the City consider rescheduling the March 1st election to March 8th, to coincide with the County's special election. After discussion, a motion was offered by Vice Mayor Cohen, seconded by Commissioner Diamond and unanimously passed not to change the date of the municipal election. Ms. Soroka further advised the Commission that if they did not wish to provide early voting in accordance with state statute, it would be necessary to opt out of this provision of the state statute and enact procedures specifically for the City of Aventura. A motion was offered by Vice Mayor Cohen, seconded by Commissioner Diamond and unanimously passed to direct the City Attorney to prepare an ordinance opting out of the state statute mandating early voting, to be addressed at the January 6, 2005 Special Meeting. 11.PUBLIC COMMENTS: Joe Platnick, 18071 Biscayne Boulevard. Mayor Perlow recognized Senator Gwen Margolis and Representative Dan Gelber who were in attendance to present a check to the City for stormwater drainage in the amount of $215,000. 12. REPORTS. As submitted. 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 p.m. Approved by the Commission on February 1, Anyone wishing to appeal any decision made by the City Commission ,..th respect to any ma er considered at a meeting or hearing ,..Ii 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. 3