03-10-2005
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MINUTES
CITY COMMISSION MEETING
MARCH 10,20056 p.m.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 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: Commissioners-elect Billy Joel and Luz Urbáez
Weinberg led the pledge of allegiance.
5. SPECIAL PRESENTATION: (Taken out of order) Keys to the city were presented
by Mayor Perlow to the following: Aventura Chamber of Commerce, Aventura
Marketing Council; Aventura Turnberry Jewish Center; Aventura Hospital and
Medical Center; Farimont at Turnberry Resort; Turnberry Associates; Cabi
Developers; the Trump Family; Gary Cohen; Sheafaor Developers; Boca
Developers; Related Group; Venaventura; Rev. Will Keyser; Landscape Architect
William O'Leary; Plaques and keys to the city were presented to Mayor Perlow and
Commissioners Beskin and Cohen.
3. ZONING HEARINGS: SPECIALLY SET BY COMMISSION FOR 6 P.M.
A.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO ALLOW AN ABOVEGROUND EMERGENCY FUEL STORAGE
TANK IN THE TC1 (TOWN CENTER) DISTRICT; GRANTING
VARIANCE TO SECTION 31-145(b)(3)e.1. TO ALLOW A 1,000
GALLON ABOVEGROUND EMERGENCY FUEL STORAGE TANK
WHERE A MAXIMUM SIZE OF 550 GALLONS IS PERMITTED BY
CODE; GRANTING VARIANCE TO SECTION 31-145(b)(3)e.3. TO
ALLOW A METAL PICKET FENCE AND LANDSCAPE SCREEN ON
THE ABOVEGROUND STORAGE TANK, WHERE A MASONRY OR
CONCRETE WALL AND LANDSCAPE SCREEN IS REQUIRED BY
CODE, ALL FOR THE PROPOSED PUMP STATION ON THE TOWN
CENTER SITE AT 18741 BISCAYNE BOULEVARD, CITY OF
AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Diamond and
seconded by Commissioner Auerbach. Joanne Carr, the City's Planning
Director, explained the request of the applicant and entered the staff
report into the record. The following individuals addressed the
Commission: Clifford Schulman, Esq., 1221 Brickell Avenue, representing
the applicant. There being no further speakers, the public hearing was
closed. The motion for approval passed unanimously and Resolution No.
2005-07 was adopted.
B.
Mr. Wolpin read the following resolution by title:
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.
A motion for approval was offered by Commissioner Cohen and seconded
by Commissioner Auerbach. Ms. Carr explained the applicant's request
and entered the staff report into the record. The following individuals
addressed the Commission: Mr. Schulman and Bernardo Fort-Brescia,
FAIA, representing the applicant; Perla Hoffman, 17600 Collins Avenue,
Sunny Isles Beach; Jose Glace, 20950 NE 24th Avenue; Jared Prizin,
18181 NE 31st Court; Donald Kaplan, 4000 Island Boulevard; Bernie
Weinstein, The Terraces at Turnberry; Scott Abraham, 18081 Biscayne
Boulevard; and (name inaudible) 1190 N. Bayshore Drive. There being
no further speakers, the public hearing was closed. The motion for
approval (of the color change) was denied 3-4 with Commissioners Beskin
and Cohen and Mayor Perlow voting yes and Commissioners Auerbach,
Diamond, Grossman and Holzberg voting no and Resolution No. 2005-08
was adopted.
4. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS:
6. CONSENT AGENDA: Mayor Perlow requested removal of item 6-C. A motion to
approve the remainder of the Consent Agenda was offered by Commissioner
Cohen, seconded by Commissioner Diamond, unanimously passed and the
following action was taken:
A.
The minutes of the February 1, 2005 Commission Meeting, and February
14,2005 Workshop Meeting were approved.
B.
The following motion was approved:
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MOTION AUTHORIZING THE APPROPRIATION OF UP TO $58,468
FOR INVESTIGATIVE SERVICES EQUIPMENT, PATROL SERVICES
EQUIPMENT AND CRIME PREVENTION EQUIPMENT FROM THE
POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY
MANAGER'S MEMORANDUM.
D.
Resolution No. 2005-09 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING ATRIUM AT AVENTURA, BEING
A PORTION THE SOUTH V. OF SECTION 3 TOWNSHIP 52 SOUTH,
RANGE 42 EAST, AND A REPLAT OF A PORTION OF TRACT N OF
MARINA DEL REY REVISED ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 144 AT PAGE 89, CITY OF AVENTURA,
MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
E.
Resolution No. 2005-10 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, FINDING THAT THE ACQUISITION OF
PRIVATE PROPERTY SERVES A MUNICIPAL PURPOSE AND IS
NECESSARY FOR DEVELOPMENT AND EXPANSION OF THE CITY'S
PARK SYSTEM AND IMPROVEMENTS TO RECREATIONAL
FACILITIES; AUTHORIZING THE CITY ATTORNEY TO INITIATE
EMINENT DOMAIN PROCEEDINGS; AUTHORIZING THE CITY
ATTORNEY TO RETAIN EXPERT WITNESSES AND CONSULTANTS
AND TAKE FURTHER ACTIONS THAT ARE REASONABLY
REQUIRED TO ACQUIRE THE PRIVATE PROPERTY DESCRIBED IN
EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE.
F.
Resolution No. 2005.11 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA CONCERNING THE CITY ELECTION OF
MARCH 1, 2005; DECLARING QUALIFYING UNOPPOSED
CANDIDATE ELECTED TO OFFICE OF COMMISSION SEAT 4
WITHOUT NECESSITY FOR FURTHER CONDUCT OF ELECTION
PROCESS; ACCEPTING AND ADOPTING THE MARCH 1, 2005
ELECTION RESULTS FOR THE OFFICES OF MAYOR AND
COMMISSION SEATS 2, 4 AND 6, AS CERTIFIED BY THE CITY
CLERK AND ATTACHED HERETO; DECLARING CANDIDATE
ELECTED TO OFFICE OF COMMISSION SEAT 6, HAVING RECEIVED
GREATER THAN 50% OF THE TOTAL BALLOTS CAST AT THE
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MARCH 1,2005 ELECTION; PROVIDING FOR A RUN-OFF ELECTION
ON MARCH 15, 2005 FOR THE OFFICES OF MAYOR AND
COMMISSION SEAT 2; PROVIDING AN EFFECTIVE DATE.
G.
Resolution No. 2005-12 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 DISASTER RELIEF FUNDING AGREEMENT
BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
The following item was removed from the Consent Agenda and addressed
separately:
C.
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. 05-02-18.2, DECORATIVE STREET LIGHT SUPPLIER,
TO LUNAR INDUSTRIAL AND ELECTRICAL, FOR BID PRICES LESS
THAN THE CURRENT COSTS ASSOCIATED WITH PREVIOUS
PROJECT BIDS THAT INCLUDE STREET LIGHTING. 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.
A motion for approval was offered by Commissioner Auerbach and
seconded by Commissioner Diamond. The motion for approval passed
unanimously and Resolution No. 2005-13 was adopted.
7. ORDINANCES: FIRST READING/PUBLIC INPUT: None.
8. PUBLIC HEARING: ORDINANCES - SECOND READING: Mr. Wolpin read the
following ordinance by title:
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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 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.
A motion for approval was offered by Commissioner Grossman and seconded by
Commissioner Beskin. 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 (6-0 with Commissioner Diamond absent from the
room for the vote) and Ordinance No. 2005-03 was enacted.
9. RESOLUTIONS - PUBLIC HEARING: None.
10.0THER BUSINESS: None.
11.PUBLIC COMMENTS: Burton Young, Esq., 3900 Island Boulevard; Rev. Will
Keyser; Patricia Frank, Commodore Plaza; Eric Kane, 4300 Alton Road; Harvey
Houghtkin, 3900 Island Blvd.; and Bob Burroughs.
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.
Approved by the Commission on April 5, 2005.
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.
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