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03-04-2014 A ,,The City of MINUTES 1 Aventura Government Center AntitUra CITY COMMISSION 19200 W.Country Club Drive March 4, 2014 6 p.m. Aventura,Florida 33180 b,.., I 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 6 p.m. Present were Commissioners Enbar Cohen, Teri Holzberg, Michael Stern, Luz Weinberg, Vice Mayor Howard Weinberg, M yor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David Wolpin. Commissioner Billy Joel was absent. As a quorum waS determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Justin Weinberg and risty Pinedo-Pimentel. 3. AGENDA: REQUESTS FOR DELETIONS/EMERG NCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: None. 5. CONSENT AGENDA: There were no requests from the public to address the Commission. A motion to approve the Consent Agenda was offered by Commissioner Holzberg, seconded by Commissioner Weinberg, passed unanimously by roll call vote and the following action was taken: A. The following minutes were approved: February 4, 2014 Commission Meeting B. Resolution No. 2014-10 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 THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLU ION; AND PROVIDING AN EFFECTIVE DATE. C. Resolution No. 2014-11 was adopted as follows: A RESOLUTION OF THE CITY COM ISSION OF THE CITY OF AVENTURA, FLORIDA DEDICATING A WELVE (12) FOOT LONG BY THREE (3) FOOT WIDE EASEMENT T MIAMI DADE COUNTY FOR r THE AVENTURA PARKING EXPANSION PROJECT; PROVIDING FOR RECORDATION; AUTHORIZING THE ITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS , RESOLUTION AND PROVIDING AN EFFIECTIVE DATE D. Resolution No. 2014-12 was adopted as follows: A RESOLUTION OF THE CITY CO MISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AN LETTING A BID/CONTRACT FOR BID NO. 14-02-18-02, COUNTRY CLUB DRIVE MILLING AND RESURFACING OUTSIDE HALF OF RIGHT-OF-WAY, TO GENERAL ASPHALT COMPANY, INC. AT THE, BID PRICE OF $569,546; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE ITY 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. E. Resolution No. 2014-13 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF A MEMBER TO THE CITY OF AVENTURA ARTS AND CULTURAL CENTER ADVISORY BOARD TO FILL A VACANCY; AND PROVIDING AN EFFECTIVE DATE. F. The following motion was approved: MOTION TO ACCEPT FOR FILING OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFE) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2013 AND THE LETTER DATED FEBRUARY 12, 2014 ATTACHED HERETO AS ATTACHMENT "A". G. Resolution No. 2014-14 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 AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTE S FOR THE UNIVERSITY OF SOUTH FLORIDA'S CENTER FOR URBAN TRANSPORTATION RESEARCH; AUTHORIZING THE CI MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 2 a I 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC H ARINGS ā€” Please be advised that the following items on the Commission's agenda are quasi jud cial in nature. If you wish to object or comment upon any of these items, please inform the Mayor wh n she requests public comments. An opportunity for persons to speak on each item will be made vailable after the applicant and staff have made their presentations on each item. All testimony, in luding public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask uestions of staff or witnesses on their behalf. Persons representing organizations must present evid nce of their authority to speak for the organization. Further details of the quasi-judicial procedures m y be obtained from the Clerk. Mr. Wolpin reviewed the quasi-judicial procedure!, Mrs. Soroka administered the oath to all those wishing to offer testimony and Mr. Wolpin then read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING SIGN VARIANCE; FOR POLLO TROPICAL RESTAURANT ON PROPERTY LOCATED AT 20403 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Luz Weinberg, and !. seconded by Vice Mayor Howard Weinberg. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record. Mayor Gottlieb opened the public hearing. The following individual addressed the Commission: Darrell Johnson, 1239 East Newport Center, Delray Beach, FL, representing the applicant. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Resolution No. 2014-15 was adopted. , 7. ORDINANCES: FIRST READING ā€” PUBLIC INPUT: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2013-04 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2013/2014 FISCAL YEAR BY REVISING THE 2013/2014 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 Stern, and seconded by Commissioner Cohen. 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. 3 8. ORDINANCES: SECOND READING/PUBLIC HEARING: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31-144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 31- 144(C)(5)A., COMMUNITY BUSINESS (B2) DISTRICT TO ALLOW INCREASED LOT COVERAGE FOR SHOPPING CENTERS WITH MORE THAN 1,000,000 SQUARE FEET OF GROSS LEASABLE AREA, WITH HEIGHT NOT GREATER THAN FIVE STORIES AND THAT PROVIDE A CENTRALIZED MULTI MODAL TRANSPORTATION FACILITY WHICH IS ENCLOSED WITHIN A PARKING STRUCTURE AND WHICH MAY BE USED BY CITY TRANSIT PROVIDERS, COUNTY TRANSIT PROVIDERS, ANY OTHER GOVERNMENT ENTITIES REQUESTING USE OF THE FACILITY AND PRIVATE TRANSIT PROVIDERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Luz Weinberg. 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. 2014-04 was enacted. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING CHAPTER 1 "GENERAL PROVISIONS" OF THE CITY CODE OF THE CITY OF AVENTURA BY CREATING S CTION 1-17, "RETAIL SALE s OF DOGS AND CATS"; PROVID NG FOR SEVERABILITY; PROVIDING FOR INCLUSION IN TH CODE; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIV DATE. A motion for approval was offered by Commissioner Cohen, and seconded by Vice Mayor Weinberg. 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. 2014-05 was enacted. 9. RESOLUTIONS ā€” PUBLIC HEARING: None. 10.REPORTS: As presented. 4 11.PUBLIC COMMENTS: Trevor Nesse, Dr. Michael Krop Senior High School liaison, 3758 NE 208 Street; and Kristy Pinedo Pimentel, niece of Commissioner Luz Weinberg, Gainesville, FL 32612. 12.OTHER BUSINESS: None. 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 6:24 p.m. 0 ',`1' ' 61 lc JG Ssa M. Sā€¢ ox a, MC, City Clerk Approved by the Commission on April 1, 2014. Anyone wishing to appeal any decision made by the City Commission with respect t 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 ba ed. 5