10-11-2005
A'!he City of
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MINUTES
CITY COMMISSION MEETING
OCTOBER 11, 2005
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 7:25 p.m.
following the Local Planning Agency meeting by Mayor Susan Gottlieb. Present were
Commissioners Bob Diamond, Billy Joel, Harry Holzberg, Michael Stern, Luz Urbaez
Weinberg, Vice Mayor Zev Auerbach, 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: (Led during LPA meeting)
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. ELECTION OF VICE MAYOR: After motion offered by Commissioner Diamond,
seconded by Commissioner Holzberg and unanimously passed, Commissioner Joel
was elected as Vice Mayor for the next 6-month period.
5. SPECIAL PRESENTATIONS: Certificates of Completion were presented to
Commissioners Stern and Weinberg for completion of the Institute for Elected Municipal
Officials. A Proclamation was re-presented to Fernando Ottati in recognition of his
achievement as the 2005 Hispanic Festival Commemorative Poster Contest First Place
winner.
6. CONSENT AGENDA: Mayor Gottlieb requested removal of items 6-C and 6-F. A
motion to approve the remainder Consent Agenda was offered by Commissioner
Holzberg, seconded by Commissioner Auerbach, unanimously passed and the
following action was taken:
A. The minutes of the September 6, 2005 Commission Meeting, September
8, 2006 1st Budget Hearing, September 15, 2005 Workshop Meeting and
September 22, 2005 2nd Budget Hearing were approved.
B. Resolution No. 2005-51 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.
D. Resolution No. 2005-52 was 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. 01-0103-055
FOR PROFESSIONAL TRAFFIC ENGINEERING SERVICES FOR THE
AVENTURA MALL TRAFFIC FLOW IMPROVEMENT STUDY BY AND
BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND
ASSOCIATES, INC.; PROVIDING FOR THE COST OF THE STUDY TO
BE PAID BY THE AVENTURA MALL; AND PROVIDING AN
EFFECTIVE DATE.
E. Resolution No. 2005-53 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SELECTING CSA SOUTHWEST, INC. TO
PERFORM BUILDING AND ENGINEERING INSPECTION, AND PLAN
REVIEW SERVICES; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE THE TERMS AND FEES FOR SAID WORK; AND
PROVIDING AN EFFECTIVE DATE.
G. The following motion was approved:
MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE
FINANCIAL STATEMENTS FOR AVENTURA CHARTER ELEMENTARY
SCHOOL FlY 2004-05
(CITY COMMISSION ACTING IN ITS CAPACITY AS AVENTURA CITY
OF EXCELLENCE SCHOOL BOARD OF DIRECTORS)
H. Resolution No. 2005-54 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 MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE CITY OF NORTH MIAMI BEACH FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
I. Resolution No. 2005-55 was 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. 01-0103-059
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FOR TECHNICAL SERVICES FOR THE IMPLEMENTATION OF THE
TRAFFIC VIDEO MONITORING SYSTEM BY AND BETWEEN THE
CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES,
INC.; PROVIDING FOR THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
J. Resolution No. 2005-56 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE "HOCHSTEIN-KANE
BUILDING" PLAT, BEING A REPLAT OF LOTS 9 AND 10, BLOCK 24,
HALLANDALE PARK, PLAT BOOK 12, PAGE 37, AND A PORTION OF
LOT 1, BLOCK 3, MAP OF THE TOWN OF HALLANDALE, DADE
COUNTY, PLAT BOOK B, PAGE 13 AND A PORTION OF A
RESERVED STRIP OF LAND, HALLANDALE PARK, PLAT BOOK 12,
PAGE 37, LYING IN SECTION 34, TOWNSHIP 51 SOUTH, RANGE 34
EAST, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
K. Resolution No. 2005-57 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 McGLADREY & PULLEN, LLP;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
L. Resolution No. 2005-58 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 DISASTER RELIEF FUNDING AGREEMENT
BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
M. Resolution No. 2005-59 was adopted as follows:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-01030-
061 FOR PROFESSIONAL ENGINEERING SERVICES TO DESIGN
AND PREPARE CONSTRUCTION DRAWINGS FOR IMPROVEMENTS
TO THE EXISTING SEAWALL ALONG YACHT CLUB DRIVE BY AND
BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON &
ASSOCIATES FOR THE AMOUNT OF $22,000.00; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
N. Resolution No. 2005-60 was 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. 01-01030-
057 FOR PROFESSIONAL ENGINEERING SERVICES TO DESIGN
AND PREPARE CONSTRUCTION DRAWINGS TO EXPAND THE
FOUNDERS PARK PARKING LOT BY AND BETWEEN THE CITY OF
AVENTURA AND CRAVEN THOMPSON & ASSOCIATES FOR THE
AMOUNT OF $44,050.00; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
The following items were removed from the Consent Agenda and addressed separately:
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING SETTLEMENT AGREEMENT
BETWEEN AVENTURA-ENSENADA, INC. AND AVENTURA LAND
AND DEVELOPMENT CORPORATION AND THE CITY OF AVENTURA,
CONCERNING .51 ACRE PARCEL OF LAND LOCATED ON
NORTHEAST 34TH AVENUE AT NORTH COUNTRY CLUB DRIVE AND
TWO (2) PARCELS OF SUBMERGED LAND CONSISTING OF 5.39
ACRES LOCATED SOUTH OF NORTHEAST 207TH STREET AND
EAST OF NORTHEAST 34TH AVENUE; AUTHORIZING EXECUTION
OF SETTLEMENT AGREEMENT; AUTHORIZING IMPLEMENTATION
OF SETTLEMENT AGREEMENT; PROVIDING FOR EFFECTIVE DATE.
After addressing the Mayor's concerns regarding the approval of this
agreement at this point on the agenda, a motion for approval was offered
by Vice Mayor Joel, seconded by Commissioner Diamond, unanimously
passed and Resolution No. 2005-61 was adopted.
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F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING CRITERIA FOR THE AWARD OF KEYS TO THE
CITY OF AVENTURA; APPROVING PROTOTYPE KEY TO THE CITY OF
AVENTURA; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR
EFFECTIVE DATE.
A motion to approve the resolution, with an amendment to Section 4 to
provide that Additionally, the Mayor or the Vice Mayor in the absence or
unavailability of the Mayor may, in his or her discretion, from time to time,
award the City Key to persons firms, organizations, or entitites who: . .
was offered by Commissioner Diamond, seconded by Vice Mayor Joel,
unanimously passed and Resolution No. 2005-62 was adopted.
7. ZONING HEARINGS: None.
8. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO INCLUDE A DEFINITION OF
"GROSS LEASABLE AREA"; AMENDING SECTION 31-144(C)
"COMMUNITY BUSINESS (B2) DISTRICT" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO AMEND THE REGULATIONS
REGARDING MINIMUM LANDSCAPED OPEN SPACE FOR SHOPPING
CENTERS CONSISTING OF MORE THAN 1,000,000 SQUARE FEET
DUE TO THE UNIQUE CHARACTERISTICS OF THESE CENTERS;
AMENDING SECTION 31-171 "OFF-STREET PARKING AND LOADING
STANDARDS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS
TO AMEND THE REGULATIONS FOR PARKING REQUIREMENTS
FOR SHOPPING CENTERS CONSISTING OF MORE THAN 1,000,000
SQUARE FEET OF GROSS LEASABLE AREA DUE TO THE UNIQUE
AND SPECIAL DEMANDS OF THESE LARGER CENTERS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; 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 Holzberg and seconded by Vice Mayor Joel.
Mayor Gottlieb opened the public hearing. There being no speakers, the
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public hearing was closed. The motion for approval passed unanimously
by roll call vote.
B. Mr. Wolpin reinvoked the quasi-judicial procedures for the following
hearing and read the ordinance by title:
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 0.51
ACRE PARCEL OF LAND LOCATED ON NE 34 AVENUE AT NORTH
COUNTRY CLUB DRIVE, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT A, FROM CF, COMMUNITY FACILITIES DISTRICT TO RS2,
RESIDENTIAL SINGLE FAMILY DISTRICT; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY
AMENDING THE ZONING DESIGNATION FOR TWO PARCELS OF
SUBMERGED LAND TOGETHER MEASURING 5.39 ACRES MORE
OR LESS LOCATED SOUTH OF NE 207 STREET AND EAST OF NE
34 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT B,
FROM RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT
TO CNS, CONSERVATION DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
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 Vice Mayor 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 unanimously
by roll call vote.
9. PUBLIC HEARING: ORDINANCES: SECOND READING: Mr. Wolpin read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING THE
CITY CODE BY AMENDING ARTICLE VII "CODE OF ETHICS" OF CHAPTER
2 "ADMINISTRATION", BY AMENDING SECTION 2-396 "FURTHER ETHICS
STANDARDS; PROHIBITIONS AND RESTRICTIONS" AT PARAGRAPH (C)
"FURTHER RESTRICTIONS ON TRANSACTIONS" BY RENUMBERING AND
REVISING EXISTING SUBPARAGRAPH (Hi) TO BE SUBPARAGRAPH (iv)
AND BY CREATING A NEW SUBPARAGRAPH (iii) TO PROHIBIT
INVOLVEMENT OF CITY PUBLIC OFFICERS AND EMPLOYEES IN CERTAIN
INVESTMENTS AND IN CERTAIN REAL ESTATE TRANSACTIONS; AND BY
CREATING ARTICLE IX "CAMPAIGN FINANCE RESTRICTIONS" OF
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CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE, BY CREATING
SECTION 2-420 "PROHIBITED CAMPAIGN CONTRIBUTIONS FROM
VENDORS", TO CREATE RESTRICTIONS UPON THE MAKING OR RECEIPT
OF POLITICAL CAMPAIGN CONTRIBUTIONS FROM OR WHICH ARE
DELIVERED, SOLICITED OR PROVIDED BY VENDORS OF THE CITY;
PROVIDING FOR DEFINITIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR PENALTY; PROVIDING FOR INCLUSION IN CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Diamond and seconded by
Commissioner Auerbach. 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. 2005-14 was enacted.
10. RESOLUTIONS - PUBLIC HEARING: None
11. OTHER BUSINESS: Mr. Wolpin requested and received permission to schedule an
Executive Session to discuss pending litigation in the ShefaorfTarragon, LLP vs. City of
Aventura matter.
12. PUBLIC COMMENTS: None.
13. REPORTS As submitted.
Approved by the Commission on November 1, 2 05.
Anyone wishing to appeal any decision made by the City Commission with respect to 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 based.
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