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September 5, 2017 Regular Commission Meeting Minutes The City of CITY COMMISSION Aventura REGULAR MEETING MINUTES Aventura Government Center SEPTEMBER 5, 2017 19200 W. Country Club Drive Aventura. Florida 33180 Following the Local Planning Agency Meeting at 6:00 P.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:11 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Howard Weinberg, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert Shelley, 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 done at the First Budget Hearing. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: • Youth Advisory Board Certificates of Appointment: Mayor Weisman provided a brief synopsis on each member selected to serve on the Youth Advisory Board, as Vice Mayor Weinberg and Commissioner Landman presented the Certificates of Appointment. • Employee Service Awards: Mr. Soroka presented Carlos Fernandez (10 years) with a recognition certificate and a token of appreciation for the completion of a milestone year of service with the City. 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 Narotsky, seconded by Commissioner Dr. Marks, and passed unanimously by roll call vote. The following action was taken: A. Minutes were approved as follows: • July 10, 2017 Commission Workshop Meeting • July 17, 2017 Commission Regular Meeting • July 18, 2017 Commission Meeting • July 18, 2017 Commission Workshop Meeting B. Resolution No. 2017-41 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 FOR AN EFFECTIVE DATE. Aventura City Commission Meeting Minutes September 5, 2017 C. Resolution No. 2017-42 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA YOUTH ADVISORY BOARD FOR A ONE-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2017-43 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN BISCAYNE COVE CONDOMINIUM ASSOCIATION INC. AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2017-44 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE PERFORMING ARTS CENTER AUTHORITY FOR MANAGEMENT, PROGRAMMING AND OPERATIONAL SUPPORT SERVICES FOR THE AVENTURA ARTS & CULTURAL CENTER; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. F. Resolution No. 2017-45 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE GREEN MARKET TO BE HELD IN FOUNDERS PARK FROM NOVEMBER 2017 - MARCH 2018; AUTHORIZING THE CITY MANAGER TO ISSUE A SPECIAL EVENT PERMIT TO SEASTAR EVENT CORPORATION, BASED ON THE CONDITIONS CONTAINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. G. Resolution No. 2017-46 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. 17- 08-14-2, CITY OF AVENTURA CUSTODIAL SERVICES FOR THE GOVERNMENT CENTER TO KELLY JANITORIAL SYSTEMS, INC. FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT"A"ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND Page 2 of 6 Aventura City Commission Meeting Minutes September 5, 2017 ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. H. Resolution No. 2017-47 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. 17- 08-14-3, CITY OF AVENTURA CUSTODIAL SERVICES FOR THE COMMUNITY RECREATION CENTER, PARKS AND CULTURAL CENTER TO KELLY JANITORIAL SYSTEMS, INC. FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT; 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. I. Resolution No. 2017-48 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRMS OF KAUFMAN LYNN CONSTRUCTION, INC. AND PGAL TO PERFORM DESIGN AND BUILD SERVICES RELATIVE TO RFQ #17-07-24-2 FOR THE CONSTRUCTION OF THE AVENTURA CHARTER HIGH SCHOOL; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRMS TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH THE SELECTED FIRMS BE UNSUCCESSFUL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. J. Resolution No. 2017-49 was adopted as follows: CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE CITY OF AVENTURA CITY OF EXCELLENCE SCHOOL MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL REPORT FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR THE FISCAL YEAR ENDED JUNE 30, 2017 AND TO ACCEPT FOR FILING THAT LETTER DATED AUGUST 30, 2017 ATTACHED HERETO AS ATTACHMENT 1 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: None 7. ORDINANCES - FIRST READING — PUBLIC HEARINGS: Mr. Wolpin read the following ordinance by title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 31, LAND DEVELOPMENT REGULATIONS, BY CREATING SECTION 31-151 "USES PROHIBITED IN ALL ZONING DISTRICTS", OF Page 3 of 6 Aventura City Commission Meeting Minutes September 5, 2017 ARTICLE VII "USE REGULATIONS" OF CHAPTER 31 "LAND DEVELOPMENT REGULATIONS", REGULATING PROHIBITED USES GENERALLY AND SPECIFICALLY PROHIBITING MEDICAL MARIJUANA DISPENSARIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Shelley and seconded by Commissioner Mezrahi. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the Ordinance on first reading passed unanimously, by roll call vote. Mr. Wolpin read the following ordinance by title: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 30,"ENVIRONMENT," AT ARTICLE III,"STORMWATER," BY CREATING SECTIONS 30-61 THROUGH 30-67, PROVIDING FOR AN ENHANCED STORMWATER MANAGEMENT SYSTEM, AND SPECIFYING ENVIRONMENTAL AND OTHER REGULATIONS CONCERNING SAID SYSTEM; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Vice Mayor Weinberg and seconded by Commissioner Landman. Mr. Soroka reviewed the item. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the Ordinance on first reading passed unanimously, by roll call vote. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mr. Wolpin read the following ordinance by title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A 2.0 ACRE PARCEL OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS ORDINANCE, FROM B2, COMMUNITY BUSINESS DISTRICT TO MO, MEDICAL OFFICE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Page 4 of 6 Aventura City Commission Meeting Minutes September 5, 2017 A motion to defer the item until the October 3, 2017 Commission Meeting was offered by Commissioner Narotsky, seconded by Commissioner Shelley, and passed unanimously, by roll call vote. Mr. Wolpin read the following ordinance by title: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, F.S., DATED NOVEMBER 8, 2006 MADE BETWEEN GULFSTREAM PARK RACING ASSOCIATION INC. AS DEVELOPER AND THE CITY OF AVENTURA TO EXTEND THE TERM OF THE AGREEMENT FROM JULY 7, 2017 TO JULY 7, 2024, TO REVISE EXHIBITS "A" AND "B" TO THE AGREEMENT WITH NEW LEGAL DESCRIPTIONS FOR THE RECONFIGURED B2 DISTRICT AND MO DISTRICT PARCELS, TO ADD THE 2.0 ACRE CONVEYANCE TO THE CITY AND TO AMEND THE VEHICULAR ACCESS RESTRICTION TO AND FROM NE 213 STREET, ALL RELATING TO PARCELS OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET, EAST OF BISCAYNE BOULEVARD, CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. A motion to defer the item until the October 3, 2017 Commission Meeting was offered by Commissioner Shelley, seconded by Commissioner Landman, and passed unanimously, by roll call vote. 9. RESOLUTIONS — PUBLIC HEARINGS: None 10. REPORTS: Mayor Weisman, Commissioner Landman, Commissioner Mezrahi, and Mr. Soroka discussed various essential items related to pending Hurricane Irma. Commissioner Landman invited residents to attend Peace Day on September 20, 2017 at the Aventura Arts & Cultural Center and also discussed the Green Market scheduled to start in November. On behalf of Attorney Matthew Mandel, Mr. Wolpin requested attorney client sessions for the following cases to be scheduled: 1. 0328.094— WIPOA: WILLIAMS ISLAND PROPERTY OWNERS'ASSOCIATION, INC., ET AL. V. CITY OF AVENTURA, ETAL., Miami-Dade County Circuit Court Case No. 13-15004 CA 44, consolidated with ISLAND ESTATES HOMEOWNERS ASSOCIATION, INC. V. TWO ISLANDS DEVELOPMENT CORP., ET AL., Case No. 13-35005 CA 44, as to Count I Only Page 5 of 6 Aventura City Commission Meeting Minutes September 5, 2017 2. 0328.107—Clarke: DAVID L. CLARKE, ET AL. V. TWO ISLANDS DEVELOPMENT CORP., ET AL., Miami-Dade County Circuit Court Case No. 14-21513 CA 44 3. 0328.118—Clarke: DARA CLARKE V. CHARLES PHELAN, ET AL., United States District Court Case No. 1:16-cv-25217-RNS 4. 0328.119— Island Estates Homeowners Association: ISLAND ESTATES HOMEOWNERS ASSOCIATION, INC. V. CITY OF AVENTURA, FLORIDA, ET AL., Miami-Dade County Circuit Court Appellate Division Case No. 17-123-AP, L.T. Case No. 2017-16 11. PUBLIC COMMENTS: No comments were provided by members of the public provided. 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Dr. Marks, seconded by Commissioner Landman, and unanimously approved; thus adjourning the meeting at 6:39 p.m. \\i ♦ f e �C wry�6 5,.4` Ellisa L. Horvath, MM', C. C erk Approved by the Commission on October 3, 2017. Page 6 of 6