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September 13, 2022 Aventura City Commission Regular Meeting Minutes &`?i AVENTURA CITY COMMISSION REGULAR MEETING MINUTES SEPTEMBER 13, 2022 Following 6:00 p.m. First Budget Hearing Aventura Arts & Cultural Center 3385 NE 18811 Street Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Weisman at 6.18 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Denise Landman, Commissioner Billy Joel, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. Commissioner Rachel S. Friedland and Commissioner Robert Shelley were absent. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was done at the First Budget Hearing. Commissioner Joel's birthday was recognized. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Mr. Wasson announced that Item 6 on the agenda was deferred to the October 3, 2022 City Commission Meeting. Lisa J. Jerles, Esq. on behalf of Alan J. Kluger, Esq. - Kluger, Kaplan, Silverman, Katzen & Levine, P.L. requested an Attorney-Client Session on the following: City of Aventura V. School Board of Miami-Dade County, Miami-Dade County Circuit Court, Civil Division 22, Case No. 2020-006112-CA-01 . 4. SPECIAL PRESENTATIONS: • Special Recognitions. Mayor Weisman, accompanied by the City Commission, presented Miami-Dade County Commissioner Sally A. Heyman with a token of appreciation in recognition of her leadership and service to the City throughout her terms. Mayor Weisman, accompanied by the City Commission, presented State Representative Joseph Geller with a token of appreciation in recognition of his guidance and leadership provided to the City throughout his terms. • Employee Service Awards: Mr. Wasson, accompanied by Principal Dr. Tyrkala, presented ACES Assistant Principal Jorge Paz (10 years) with a recognition Aventura City Commission Regular Meeting Minutes September 13, 2022 certificate and token of appreciation for the completion of milestone years of service with the City. • Introduction of New Miami-Dade Fire Rescue Fire Chief: Chief Raied "Ray" Jadallah provided a brief introduction, introduced his staff in attendance, and provided the City with a service plaque. • Aventura City of Excellence School Update: Principal Dr. Anthony Tyrkala provided a brief report on ACES. • Don Soffer Aventura High School Update: Principal Dr. Geoff McKee, accompanied by student Mia Biton, provided a brief report on DSAHS. 5. CONSENT AGENDA: There were no requests from the public to address the City Commission. A motion to approve the items on the Consent Agenda was offered by Commissioner Narotsky, seconded by Commissioner Joel, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • July 19, 2022 City Commission Regular Meeting • July 21, 2022 City Commission Meeting (Budget Review) • July 21, 2022 City Commission Regular Workshop B. Resolution No. 2022-54 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,AWARDING AND LETTING A BID/CONTRACT FOR BID NO.22-08-11- 3 CITY OF AVENTURA MAINTENANCE AND REPAIR FOR CITY STREETS AND FACILITIES TO METRO EXPRESS, INC. AND THE PAVING LADY FOR THE INDIVIDUAL BID PRICES AS CONTAINED IN EXHIBIT "A" ATTACHED; 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. C. Resolution No. 2022-55 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT FOR WATERWAYS PARK FIELD ENHANCEMENT IMPROVEMENTS TO FIELDTURF USA,INC.AT THE PRICE OF $2,372,833.54;AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID AWARD; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. (ARPA PROJECT) Page 2 of 7 Aventura City Commission Regular Meeting Minutes September 13, 2022 D. Resolution No. 2022-56 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO.2022-043508136-001 IN THE AMOUNT OF$175,491.50 FOR PROFESSIONAL DESIGN SERVICES FOR THE YACHT CLUB DRIVE SEAWALL HARDENING IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND KIMLEY-HORN & ASSOCIATES, INC.; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.(ARPA PROJECT) E. Resolution No. 2022-57 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE EXPENDITURE OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FROM THE U.S. DEPARTMENT OF TREASURY UNDER THE AMERICAN RESCUE PLAN ACT (ARPA) FOR THE PURCHASE OF A NEW TASER 7 PLATFORM; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. F. Resolution No. 2022-58 adopted as follows: A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN AMENDMENT TO THE DECLARATION OF RESTRICTIONS RELATED TO THE PROPERTIES LOCATED AT 2751 N.E. 183RD STREET AND 2777 N.E. 183RD STREET TO REMOVE THE LEASE RESTRICTION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: Mayor Weisman noted that per Mr. Wasson's announcement earlier in the meeting, the following item was deferred to the October 3, 2022 City Commission Meeting- RESOLUTION/PUBLIC HEARING: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO SECTION 31-143(F) OF THE CITY CODE OF ORDINANCES,TO ALLOW: (1)A HEIGHT OF 26 STORIES AND 295 FEET FOR A MULTIFAMILY RESIDENTIAL BUILDING, WHERE THE CITY CODE PERMITS 25 STORIES AND 250 FEET; (2) A BUILDING IN THE RMF4 DISTRICT TO CAST A SHADOW UPON A PROPERTY LOCATED WITHIN A BUSINESS ZONING DISTRICT;(3)A DENSITY OF 56 UNITS PER ACRE,WHERE THE CITY CODE PERMITS 45 UNITS PER ACRE; AND (4) A CERTIFIED GREEN BUILDING WITH A FLOOR AREA RATIO OF 4.3,WHERE THE CITY CODE PERMITS A FLOOR AREA RATIO OF 2.0, ALL FOR THE PROPERTY LOCATED AT 2785 NE 183 STREET; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. Page 3 of 7 Aventura City Commission Regular Meeting Minutes September 13, 2022 7. ORDINANCES — FIRST READING/PUBLIC INPUT: Mrs. Horvath read the following Ordinance title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 4, "ALCOHOLIC BEVERAGES," SECTION 4-2, "LOCATION OF ESTABLISHMENTS,"OF THE CITY OF AVENTURA CODE OF ORDINANCES TO PROVIDE FOR ADMINISTRATIVE REVIEW AND APPROVAL OF ALCOHOLIC BEVERAGE PERMITS, AND APPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Narotsky and seconded by Commissioner Joel. Community Development Director Keven Klopp reviewed the item. Mr. Wasson further explained the process. The Commission discussed the item. A motion to amend the Ordinance was offered by Commissioner Dr. Marks and seconded by Commissioner Joel to add language to also allow the Commission to be able to request revocation and to be notified when a determination was made on an application. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance as amended passed unanimously, by roll call vote. Mrs. Horvath read the following Ordinance title: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE II "CITY COMMISSION AND MAYOR" OF CHAPTER 26 "ELECTIONS" OF THE CITY CODE BY AMENDING SECTION 26-32 "COMMENCEMENT OF TERM OF ELECTED OFFICIALS"TO REVISE DATE OF COMMENCEMENT OF THE TERM OF OFFICE FOR REGULAR TERMS OF THE MAYOR AND COMMISSIONERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Vice Mayor Landman and seconded by Commissioner Joel. Mr. Meyers reviewed the item allowing more time between the election and the commencement of term of elected officials. The Commission discussed the item and provided consensus for this year's Inauguration Ceremony to be held on November 15, 2022. Page 4 of 7 Aventura City Commission Regular Meeting Minutes September 13, 2022 Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mrs. Horvath read the following Ordinance title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 33 "PARKS AND RECREATION" OF THE CITY CODE OF ORDINANCES, SECTION 33-1 "RESIDENCY POLICY FOR USE OF PORTION OF AVENTURA FOUNDERS PARK" TO FURTHER DEFINE THE PORTION OF FOUNDERS PARK SUBJECT TO THE POLICY; PROVIDING FOR SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Narotsky and seconded by Commissioner Dr. Marks. Mr. Meyers reviewed the item to re-establish the residency policy to include all portions of Founders Park. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote, and Ordinance No. 2022-14 was adopted. Mrs. Horvath read the following Ordinance title: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 33 "PARKS AND RECREATION" OF THE CITY CODE, TO CREATE SECTION 33-3 "SMOKING PROHIBITED" TO PROHIBIT SMOKING IN CITY PARKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Vice Mayor Landman and seconded by Commissioner Joel. Mr. Meyers reviewed the item, which would not apply to unfiltered cigars. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote, and Ordinance No. 2022-15 was adopted. Page 5 of 7 Aventura City Commission Regular Meeting Minutes September 13, 2022 Mrs. Horvath read the following Ordinance title- C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES AT CHAPTER 2 "ADMINISTRATION," ARTICLE III "ADVISORY BOARDS," BY REPEALING DIVISION 7 "YOUTH ADVISORY BOARD"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Dr. Marks and seconded by Vice Mayor Landman. Mr. Meyers reviewed the item and further explained the creation of the Youth Council to replace the Youth Advisory Board, with less restrictions. The Commission provided comments in favor of the change. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote, and Ordinance No. 2022-16 was adopted. Mrs. Horvath read the following Ordinance title: D. AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL (ACES): AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2021-05, WHICH ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2021/2022 (JULY 1 —JUNE 30) BY REVISING THE 2021/2022 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;AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Joel and seconded by Commissioner Narotsky. Mr. Wasson reviewed the item. The Commission discussed the item. Finance Director Melissa Cruz responded to questions regarding net unfavorable variance. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. Page 6 of 7 Aventura City Commission Regular Meeting Minutes September 13, 2022 The motion for approval of the Ordinance passed unanimously, by roll call vote, and Ordinance No. 2022-17 was adopted. 9. RESOLUTION/PUBLIC INPUT: None. 10. REPORTS: Vice Mayor Landman reported on the upcoming Share-the-Road Bike Event. Commissioner Dr. Marks requested information on the upcoming Veteran's Day Ceremony, which Mr. Wasson will provide. 11. PUBLIC COMMENTS: The following members of the public provided comments: Roberta Rousseau (Treasurer—Aventura Sunny Isles Beach Chamber of Commerce), Ian Lumer (Aventura Resident), and Ben Lumer (Aventura Resident). 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Vice Mayor Landman, seconded by Commissioner Joel, and unanimously approved; thus, adjourning the meeting at 7:28 p.m. 147 Ellisa L. Horvath, M , City Clerk Approved by the City Commission on October 3, 2022. Page 7 of 7