06-07-2005
A'!'he City of
.é\. ventura
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MINUTES
CITY COMMISSION MEETING
June 7, 2005
following 6 p.m. LPA meeting
Aventu,e Government Center
19200W. Country Club Drive
Aventu,a. Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 7 p.m. by
Mayor Susan Gottlieb. Present were Commissioners lev Auerbach, Bob Diamond,
Billy Joel, Harry Holzberg, Michael Stem, Luz Urbáez Weinberg, Mayor Gottlieb, 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: Leonard Brenner led the pledge of allegiance.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA: Commissioner Weinberg requested removal of item 5-D. A
motion to approve the remainder Consent Agenda was offered by Commissioner
Diamond, seconded by Commissioner Joel, unanimously passed and the following
action was taken:
A.
The minutes of the June 25, 2004 Commission Meeting, May 3, 2005
Commission Meeting, May 19, 2005 Commission Meeting and May 19.
2005 Workshop Meeting were approved.
Resolution No. 2005-24 was adopted as follows:
B.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE,
SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY
OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT
FOR FISCAL YEAR 2005/06 TO 2009/10 AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
C.
Resolution No. 2005-25 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING FOURTH AMENDMENT TO
EMPLOYMENT AGREEMENT BETWEEN THE CITY MANAGER AND
THE CITY OF AVENTURA; PROVIDING MERIT BONUS; PROVIDING
AN EFFECTIVE DATE.
E.
Resolution No. 2005-26 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT
OF TRANSPORTATION TO STUDY THE FEASIBILITY OF
ESTABLISHING A "TURBO LANE" FOR BISCAYNE BOULEVARD
FROM IVES DAIRY ROAD TO MIAMI GARDENS DRIVE TO IMPROVE
SOUTHBOUND TRAFFIC FLOW; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE.
F.
Resolution No. 2005-27 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. 05-05-31-2, NE 27TH AVENUE ROADWAY
IMPROVEMENTS, TO MEF CONSTRUCTION, INC. AT THE BID PRICE
OF $442,490.00. 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.
G.
Resolution No. 2005-28 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SELECTING THE FIRM OF O'LEARY
RICHARDS DESIGN ASSOCIATES, INC. TO PERFORM
PROFESSIONAL LANDSCAPE ARCHITECT SERVICES RELATIVE TO
ISQ NO. 05-3-16-2, PROFESSIONAL LANDSCAPE ARCHITECT
SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE
TERMS AND FEES FOR SAID SERVICES; AUTHORIZING
NEGOTIATIONS WITH ALTERNATE FIRM OF BERMELLO, AJAMIL,
AND PARTNERS, INC., SHOULD NEGOTIATIONS WITH THE
SELECTED FIRM BE UNSUCCESSFUL; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
H.
Resolution No. 2005-29 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
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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
I.
Resolution No. 2005-30 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN JOINT
PROJECT AGREEMENT BETWEEN THE CITY OF AVENTURA AND
MIAMI-DADE COUNTY TO PROVIDE FOR CONNECTOR
IMPROVEMENTS ON MIAMI GARDENS DRIVE; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
J.
Resolution No. 2005-31 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-053
FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN
OF WATERWAYS PARK BY AND BETWEEN THE CITY OF
AVENTURA AND CRAVEN THOMPSON & ASSOCIATES FOR THE
AMOUNT OF $260,068.00; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
K.
The following ordinance was approved on first reading:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2004-15 WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 200412005 FISCAL
YEAR BY REVISING THE 200412005 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.
The following item was removed from the Consent Agenda and addressed
separately:
D.
Commissioner Weinberg read the following resolution by title:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING RESOLUTION 2001-21
CONCERNING CITY COMMISSION MEMBERS ATTENDANCE AT
MEETINGS OF CITY OF AVENTURA BOARDS AND AGENCIES;
PROVIDING FOR AN EFFECTIVE DATE.
After discussion, a motion to reject this item was offered by Commissioner
Weinberg, seconded by Commissioner Stern and passed 6-1, with Mayor
Gottlieb voting no.
6. ZONING HEARINGS: Mr. Wolpin reviewed the quasi-judicial procedures. 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 the City Clerk. Mr. Wolpin then read the following
resolution by title:
A RESOLUTION OF THE CITY OF AVENTURA, 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;
PROVIDING FOR AN EFFECTIVE DATE.
A motion to consider this item was offered by Commissioner Diamond and
seconded by Commissioner Weinberg. Ms. Carr explained the request of the
applicant and entered the staff report into the record. Anthony Carriolo, Esq.,
representing the applicant, addressed the Commission and requested a 15-
minute recess to review the staff report. A motion to grant his request was
offered by Commissioner Stern, seconded by Vice Mayor Auerbach and
unanimously passed.
(This item resumed at 8 p.m.)
Mr. Carriolo requested a continuance to the July 6, 2005 Commission meeting.
A motion was offered by Commissioner Joel, seconded by Commissioner
Diamond and unanimously passed to grant a continuance of this matter to the
first Commission meeting in September 2005 at 6 p.m.
7.
ORDINANCES: FIRST READING/PUBLIC INPUT:
A.
Mr. Wolpin read the following ordinance by title:
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AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-144(b) "NEIGHBORHOOD BUSINESS (B1) DISTRICT" OF
CHAPTER 31 "LAND DEVELOPMENT REGULATIONS" OF THE CITY
CODE; TO PERMIT DRY CLEANING TO BE CONDUCTED ON
PREMISES AS A CONDITIONAL USE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval, including the incorporation by reference into this
hearing of all amendments and testimony, written and verbal, relative to
this item given at the preceding Local Planning Agency meeting, was
offered by Commissioner Joel, and seconded by Commissioner Diamond.
Mayor Gottlieb opened the public hearing. There being no speakers, the
public hearing was closed. The motion for approval passed 5-2 by roll call
vote, with Commissioners Diamond, Joel, Holzberg, Stern and Weinberg
voting yes and Vice Mayor Auerbach and Mayor Gottlieb voting no.
B.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, CREATING
DIVISION 4 "TRAFFIC ADVISORY BOARD" OF ARTICLE 1\1
"ADVISORY BOARDS" OF CHAPTER 2 "ADMINISTRATION" OF THE
CITY CODE BY CREATING SECTION 2-181 "CREATION,
COMPOSITION AND QUALIFICATIONS," SECTION 2-182 "DURATION
OF BOARD", SECTION 2-183 "ADVISORY CAPACITY", SECTION 2-
184 "RULES OF PROCEDURE; QUORUM", SECTION 2-185
"JURISDICTION"; AND SECTION 2-186 "STANDARDS OF CONDUCT
FOR MEMBERS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and
seconded by Commissioner Joel. Mayor Gottlieb opened the public
hearing. The following individuals addressed the Commission: Frank
Dimodico, One Island Place; and Dr. Eric Albin, Island Way. There being
no further speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote.
8. PUBLIC HEARING: ORDINANCES: SECOND READING:
A.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL
BUDGET FOR THE A VENTURA CITY OF EXCELLENCE SCHOOL FOR
5
FISCAL YEAR 2005/06 (JULY 1 - JUNE 30), PURSUANT TO SECTION
4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF
FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR
BUDGETARY CONTROL; PROVIDING FOR PERSONNEL
AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS;
PROVIDING FOR AMENDMENTS; PROVIDING FOR
ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg, and
seconded by Commissioner Joel. Mayor Gottlieb 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. 2005-06 was enacted.
The meeting recessed at this time (7:50 p.m.) until 8 p.m.
B.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA (THE
"CITY"), PROVIDING FOR IMPOSITION OF A MORATORIUM ON
ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT
PERMITS WITHIN THE CITY CONCERNING DEVELOPMENT WHICH
IS PROPOSED ON PROPERTY LOCATED EAST OF BISCA YNE
BOULEVARD WITHIN ANY RESIDENTIAL OR COMMERCIAL ZONING
DISTRICTS OF THE CITY; PROVIDING FOR WAIVER, VESTED
RIGHTS, APPEALS, EXHAUSTION OF ADMINISTRATIVE REMEDIES,
APPLICABILITY, SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE
A motion for approval was offered by Commissioner Holzberg and
seconded by Commissioner Diamond. Mr. Soroka noted amendments to
exemptions to be included as referenced in his memo of April 22, 2005, as
follows:
1) The reconstruction of marinas and dry dock storage facilities
on the condition that, upon the issuance of a building permit for
such reconstruction, any and all rights to develop such property for
residential use shall terminate.
2) The construction, renovation or improvement of recreational
facilities, restaurants, lounges, clubhouses or health and fitness
spas, which constitute lawful accessory uses designed to serve
existing multi-family buildings.
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A motion to include the referenced amendments was offered by
Commissioner Joel, seconded by Vice Mayor Auerbach and unanimously
passed. Mayor Gottlieb opened the public hearing. The following
individuals addressed the Commission: Stanley Price, Esq., Bilzin
Sumberg, et al; Mr. Carriolo; Sam Poole, Esq., Berger Singerman; Jeffrey
Bercow, Esq., Bercow & Radell; Dr. Albin; John Miller, Waterview; Mr.
Dimodico; and Bob Burroughs. There being no further speakers, the
public hearing was closed. An amendment was offered by Commissioner
Holzberg, seconded by Commissioner Joel and unanimously passed to
amend Section 4B of the proposed ordinance to revise the procedures
under this paragraph only so that the City Manager would make the
determination whether the evidence supports the claim of vested rights
and if not satisfied, the applicant may appeal to the City Commission using
same procedure as in Land Development Regulations. An amendment
was offered by Commissioner Joel, seconded by Commissioner Holzberg
and unanimously passed to provide an additional exemption that a new
anchor tenant and ancillary supportive retail space in a regional mall, not
to exceed an additional 225,000 square feet, provided that City
recommended and mutually agreed upon traffic flow entrance
modifications on Biscayne Boulevard are explored and implemented. The
motion for approval of the ordinance, as amended, passed unanimously
by roll call vote and Ordinance No. 2005-07 was enacted.
9. RESOLUTIONS -PUBLIC HEARING: None
10.0THER BUSINESS: None
11.PUBLIC COMMENTS: Dr. Albin.
12.REPORTS As submitted.
13. ADJOURNMENT: There being no further busin
at this time, after motion made, seconded and
adjourned at 9:10 p.m.
Approved by the Commission on July 6, 2005.
Anyone wishing to appeal any decision made by the City Commission with respect to any matte' considered at a meeting or hea,ing
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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