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04-07-2015 AThe City of CITY COMMISSION Aventura Government Center ventura REGULAR MEETING MINUTES 19200 W. Country Club Drive Aventura, Florida 33180 APRIL 7, 2015 — 6:00 P.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:00 p.m. Present were the following: Mayor Enid Weisman, Vice Mayor Teri Holzberg, Commissioner Enbar Cohen, Commissioner Denise Landman, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Eric M. Soroka, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by resident Bonnie Lotterman. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: • Employee Service Award: Mr. Soroka presented Police Officer Carolyn Gray with an award, recognizing her fifteen years of service. • "State of the City" — Mayor Weisman: Mayor Weisman presented the State of the City for 2015, including projects, initiatives, and goals. 5. CONSENT AGENDA: There were no requests from the public to address the Commission. A motion to approve the items on the Consent Agenda was offered by Commissioner Shelley, seconded by Vice Mayor Holzberg, and passed unanimously by roll call vote. The following action was taken: A. Minutes were approved as follows: • March 3, 2015 Commission Regular Meeting • March 6, 2015 Commission Workshop Meeting • March 18, 2015 Commission Workshop Meeting B. Resolution No. 2015-21 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 RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Aventura City Commission Meeting Minutes—April 7, 2015 Page 2 C. Resolution No. 2015-22 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 AUDIT ENGAGEMENT AGREEMENT BETWEEN THE CITY OF AVENTURA AND ALBERNI CABALLERO & FIERMAN, LLP; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. D. Motion was approved as follows: MOTION TO APPROVE ANNUAL APPROPRIATION OF SCHOLARSHIP AWARD TO KROP HIGH SCHOOL STUDENTS. E. Resolution No. 2015-23 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO REQUEST THE FLORIDA DEPARTMENT OF TRANSPORTATION TO LEASE TO THE CITY OF AVENTURA LAND REFERRED TO IN EXHIBIT "A" SITUATED NEAR EAST DIXIE HIGHWAY AND NE 206TH STREET FOR PUBLIC PURPOSE TO BE UTILIZED BY THE AVENTURA POLICE DEPARTMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE. F. Resolution No. 2015-24 was adopted as follows: A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, SUPPORTING THE TOWN OF SURFSIDE'S RESOLUTION URGING THE STATE OF FLORIDA LEGISLATURE AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") TO ESTABLISH CHEMICAL TESTING STANDARDS PRIOR TO ISSUING A COASTAL CONSTRUCTION CONTROL LINE ("CCCL") PERMIT WHICH AUTHORIZES THE TRANSFER AND PLACEMENT OF EXCAVATED SAND SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE ONTO A PUBLIC BEACH; PROVIDING DIRECTION TO THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE. G. Resolution No. 2015-25 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. 15- 03-18-2, NE 29 PL NORTH DRAINAGE AND ROAD RESURFACING IMPROVEMENTS TO WILLIAMS PAVING COMPANY, INC. AT THE BID PRICE OF $528,491.62; 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. Aventura City Commission Meeting Minutes—April 7, 2015 Page 3 H. Resolution No. 2015-26 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF TIDAL BASIN GOVERNMENT CONSULTING, LLC TO PERFORM PROFESSIONAL DISASTER DEBRIS MONITORING SERVICES RELATIVE TO RFP NO. 15-03-11-2, DISASTER DEBRIS MONITORING SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Wolpin reviewed the quasi-judicial procedures. Mrs. Horvath administered the oath to all those wishing to offer testimony. 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 PERMIT THE SALE AND SERVICE OF BEER, WINE AND CHAMPAGNE AT THE BELUGA CAVIAR BAR AT KIOSK K-2000 IN THE AVENTURA MALL AT 19501 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Holzberg and seconded by Commissioner Weinberg. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record, which recommended approval, subject to the conditions specified in Section 1 of the resolution, with an amendment to the hours listed in Section 1(iv) as follows: The applicant's hours of operation shall be Sunday to Thursday from opening until 11 p.m. and Friday and Saturday from opening until 12 a.m. Mark Zaslaysky, President of Beluga Bar Inc., provided testimony on behalf of the Applicant. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. A motion for approval was offered by Commissioner Weinberg and seconded by Commissioner Landman, to accept the revision to Section 1(iv). The motion for approval passed unanimously by roll call vote. A motion for approval of the amended Resolution, including the changes to Section 1(iv), was offered by Commissioner Shelley and seconded by Commissioner Narotsky. The motion for approval passed unanimously by roll call vote and Resolution No. 2015- 27 was adopted. Aventura City Commission Meeting Minutes—April 7, 2015 Page 4 B. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING SIGN VARIANCE FOR BEALLBERRY LLC, ON PROPERTY LOCATED AT 21211 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Narotsky and seconded by Commissioner Landman. Community Development Director Joanne Can addressed the Commission and entered the staff report into the record, which recommended approval, subject to the conditions specified in Section 1 of the resolution. Marie Friedstein, C & C Signs, provided testimony on behalf of the Applicant. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Resolution No. 2015- 28 was adopted. C. 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 PERMIT THE SALE OF BEER AND WINE IN A GROCERY SECTION OF THE BED BATH & BEYOND STORE LOCATED AT 19205 BISCAYNE BOULEVARD, CITY OF AVENTURA, NOTWITHSTANDING THE SPACING AND DISTANCE REQUIREMENTS FOR THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES REGULATED BY SECTION 4-2(a)AND SECTION 4-2(b) OF THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Cohen and seconded by Vice Mayor Holzberg. Community Development Director Joanne Can addressed the Commission and entered the staff report into the record, which recommended approval, subject to the conditions specified in Section 2 of the resolution. Steve Carter, Bed, Bath & Beyond - Regional Manager for South Florida, provided testimony on behalf of the Applicant. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Resolution No. 2015- 29 was adopted. Aventura City Commission Meeting Minutes—April 7, 2015 Page 5 7. ORDINANCES - FIRST READING — PUBLIC INPUT: Mr. Wolpin read the following ordinance by title: CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2014-07, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2014/2015 (JULY 1 —JUNE 30) BY REVISING THE 2014/2015 FISCAL YEAR BUDGET DOCUMENT 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 Weinberg and seconded by Commissioner Narotsky. Mr. Soroka explained the Ordinance. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and the Ordinance passed on first reading. 8. ORDINANCES - SECOND READING/PUBLIC HEARING: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,AMENDING ORDINANCE NO.2014-10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2014/2015 FISCAL YEAR BY REVISING THE 2014/2015 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 Vice Mayor Holzberg and seconded by Commissioner Shelley. Mr. Soroka explained the Ordinance. Mayor Weisman 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. 2015- 02 was adopted. 9. RESOLUTIONS - PUBLIC HEARING: None. 10. REPORTS: Commissioner Landman provided information on the April 18th movie night. Aventura City Commission Meeting Minutes—April 7, 2015 Page 6 Mayor Weisman provided information on the May 8th Arbor Day celebration and the May 9th movie night. 11. PUBLIC COMMENTS: The following members of the public provided comments: Arthur Shanker (4000 Island Blvd #505, Aventura), Dara Clarke, Arnold Resnick (3370 Hidden Bay Drive #1508, Aventura), David Clarke, Leonard Kraus (7000 Island Blvd. #2306, Aventura), Peter Murphy (3340 N.E. 190 Street #1608, Aventura), Julia Barash (3370 Hidden Bay Drive #1508, Aventura), Shelly Rotbart (7000 Island Blvd. #1509, Aventura), and Irene Gitman (19355 Turnberry Way #23-D, Aventura). Mr. Wolpin addressed comments regarding the sidewalk, site plan approval, and pending litigation regarding Williams Island and Prive. 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission at this time, a motion to adjourn was offered by Vice Mayor Holzberg, seconded by Commissioner Narotsky, and passed unanimously. The meeting was adjourned at 7:20 p.m. • Ellisa L. Horvath, , ity Clerk I I OV wry o6 5%6A Approved by the Commission on May 5, 2015.