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02-01-2005 The Ctty of Aventura -.- '...," MINUTES CITY COMMISSION MEETING FEBRUARY 1, 2005 6 p.m. Aventur. 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, 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: AI Sandler led the pledge of allegiance. 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 March 10, 2005 Commission meeting was offered by Commissioner Diamond, seconded by Vice Mayor Cohen, and unanimously passed. 4. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: Commissioner Diamond requested permission to provide his report at this time due to the fact that he may have to leave the meeting early. He requested Commission consideration of a building moratorium and a review of the City's masterplan. 5. SPECIAL PRESENTATION: Certificates of Completion were presented to participants in Aventura Government 101 - A Citizens Academy. 6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Vice Mayor Cohen, seconded by Commissioner Grossman, unanimously passed and the following action was taken: A. The minutes of the January 4, 2005 Commission Meeting, January 6, 2005 Special Meeting and January 20, 2005 Workshop Meeting were approved. B. Resolution No. 2005-03 was adopted as follows: C. 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. Resolution No. 2005-04 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. D. Resolution No. 2005-05 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2005 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. E. Resolution No. 2005-06 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, PROVIDING FOR THE APPOINTMENT BY THE COMMISSION OF A MEMBER TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS' RETIREMENT PLAN TO FILL A VACANCY AND PROVIDING AN EFFECTIVE DATE. F. The following ordinance was read by title by Mr. Wolpin and approved on first reading: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA' FLORIDA, AMENDING ORDINANCE NO. 2003-12 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2003/2004 FISCAL YEAR BY REVISING THE 2003/2004 FISCAL YEAR OPERATING AND 2 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. 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 THE CITY CODE BY AMENDING CHAPTER 26 "ELECTIONS" BY AMENDING ARTICLE II "CITY COMMISSION AND MAYOR", BY CREATING SECTION 26- 34 "EARLY VOTING"; EXEMPTING CITY MAYORAL AND COMMISSION ELECTIONS FROM THE PROVISIONS OF PARAGRAPH (1)(b) OF SECTION 101.657, FLORIDA STATUTES, CONCERNING EARLY VOTING AND INSTEAD AUTHORIZING A SHORTENED DURATION FOR EARLY VOTING FOR CITY MAYORAL AND COMMISSION ELECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Cohen and seconded by Commissioner Grossman. Mayor Perlow opened the public hearing. The following individual addressed the Commission: Bernie Weinstein, 20191 E. Country Club Drive. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2005-02 was enacted. 9. RESOLUTIONS - PUBLIC HEARING: None. 10.0THER BUSINESS: Mr. Beskin suggested that a resolution be adopted by the Commission opposing the County's referendum for March 8th on placing slot machines at pari-mutuel sites within Miami-Dade County. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, EXPRESSING THE CITY COMMISSION'S OPPOSITION TO THE PROPOSED INSTITUTION OF SLOT MACHINE GAMBLING AT RACE TRACK AND JAI ALAI FACILITIES WITHIN MIAMI-DADE AND BROWARD COUNTIES BASED ON THE FACT THAT NO STRATEGIES AND PROGRAMS HAVE BEEN DEVELOPED AND IMPLEMENTED BY THE FLORIDA LEGISLATURE AND ANY GOVERNMENTAL AGENCIES HAVING APPROPRIATE JURISDICTION TO ADDRESS THE MITIGATION OF ADVERSE IMPACTS INCLUDING INCREASED TRAFFIC, INCREASED 3 DEMAND FOR LAW ENFORCEMENT, AND POTENTIAL ADVERSE SOCIAL IMPACT; ENCOURAGING THE ELECTORS OF THE CITY OF AVENTURA AND OF MIAMI-DADE AND BROWARD COUNTIES TO REJECT THE SLOT MACHINE MEASURE AT THE MARCH 8, 2005 SPECIAL ELECTION IN MIAMI-DADE AND BROWARD COUNTIES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Beskin and seconded by Commissioner Diamond. The following individual addressed the Commission: Ron Book, 2999 NE 191st Street. Commissioner Holzberg offered a motion to table this matter. The motion died for lack of a second. The resolution failed, 2-5, with Commissioners Beskin and Diamond voting yes and Commissioners Auerbach, Grossman, Holzberg, Vice Mayor Cohen and Mayor Perlow voting no. 11.PUBLIC COMMENTS: Susan Gottlieb, 3201 NE 183rd Street; Ray Porer, 2905 NE 190th Street; Rev. Will Keyser; and AI Sandler, President of Del Prado Condominium Association. Senator Gwen Margolis, Mr. Book and representatives of the South Florida Water Management District presented a check in the amount of $215,000 to the city for stormwater improvements. 12. REPORTS. As submitted. Mr. Soroka announced that the February 3, 2005 Workshop meeting was re-scheduled to February 14, 2005 at 10 a.m. 13. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed he meeting adjourned at 8:15 p.m. Approved by the Commission on March 10, 2 5. 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. 4