03-07-2006
A~l'ta
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MINUTES
CITY COMMISSION MEETING
MARCH 7, 2006 - 6 PM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb at 6:00 p.m. Present were Commissioners Zev Auerbach, Bob Diamond, Harry
Holzberg, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Billy Joel, 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 by Jonathan Evans.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Diamond, seconded by Vice Mayor Joel, unanimously passed and
the following action was taken:
A. The minutes of the February 7, 2006 Commission Meeting and February
16,2006 Workshop Meeting were approved.
B. Resolution No. 2006-12 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. 06-2-17-22, LANDSCAPE & IRRIGATION
IMPROVEMENTS FOR NE 207 ST & MYSTIC POINTE DRIVE TO
LUKE'S LANDSCAPING, INC. AT THE BID PRICE OF $129,135.05;
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. 2006-13 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. 06-2-21-2, LANDSCAPE MATERIAL PROCUREMENT
AND DELIVERY FOR HURRICANE LANDSCAPE RESTORATION TO
LUKE'S LANDSCAPING, INC. AT THE BID PRICE OF $725,618.00;
AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED
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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.
D. Resolution No. 2006-14 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AN EXTENSION OF TIME TO
RECORD THE "UPTOWN MARINA LOFTS" FINAL PLAT, BEING A
REPLAT OF A PORTION OF TRACT N OF MARINA DEL REY
REVISED, PLAT BOOK 144, PAGE 89 AND A PORTION OF THE
SOUTH 'Iz OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST,
CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING
FOR AN EFFECTIVE DATE.
E. Resolution No. 2006-15 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AN EXTENSION OF TIME TO
RECORD THE "ATRIUM AT AVENTURA" FINAL PLAT, BEING A
PORTION OF THE SOUTH 'Iz OF SECTION 3, TOWNSHIP 52 SOUTH,
RANGE 42 EAST, AND A REPLAT OF A PORTION OF TRACT N OF
MARINA DEL REY REVISED ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 144, PAGE 89, CITY OF AVENTURA,
MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
F. Resolution No. 2006-16 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING FIRST AMENDMENT TO
SETTLEMENT AGREEMENT BETWEEN SHEFAOR/TARRAGON,
LLLP, AND THE CITY OF AVENTURA, CONCERNING 8.77 ACRE :I:
PARCEL OF LAND LOCATED AT 17900 NORTHEAST 31ST COURT IN
THE CITY OF AVENTURA, COMMONLY KNOWN AS THE LINCOLN
POINTE PROPERTY; AUTHORIZING EXECUTION OF FIRST
AMENDMENT TO SETTLEMENT AGREEMENT; AUTHORIZING
IMPLEMENTATION OF FIRST AMENDMENT TO SETTLEMENT
AGREEMENT; PROVIDING FOR EFFECTIVE DATE.
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6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following ile1m on the
Commission's agenda are quasi-judicial in nature. If you wish to object or corrnnent Upal any of these items. please infonn the Mayor when he
requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their
presentations on each item. All testimony, including public testimony and evidence. will be mlde under oath ()(" affirmation. Additionally, each pefflOIl
who gives testimony may be subject to cross~xamination. 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 pennitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff
or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details
of the quasi-judicial procedures may be obtained from the Clerk.
Ex-parte communications by Commissioners, if any, were disclosed and filed with the
City Clerk in accordance with City Code Section 34. All witnesses giving testimony in
these hearings were sworn in by City Clerk Teresa M. Soroka. Mr. Wolpin read the
following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA CONCERNING CONDITIONAL USE
APPROVAL TO PERMIT THE CONSTRUCTION OF A MARINA AND
DRY DOCK BOAT STORAGE BUILDING WITH A HEIGHT OF 122
FEET IN THE TC2, TOWN CENTER MARINE DISTRICT, WHERE A
MAXIMUM HEIGHT OF 4 STORIES OR 50 FEET IS PERMITTED BY
CODE; VARIANCE FROM SECTION 31-145(c)(10) OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO PERMIT A VIEW
CORRIDOR OF 15 FEET WHERE A 66.76 FOOT VIEW CORRIDOR IS
REQUIRED BY CODE; VARIANCE FROM SECTION 31-221(i)(2) OF
THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT A
BUFFER STRIP OF 5 FEET, WHERE A MINIMUM 7' WIDE BUFFER
STRIP IS REQUIRED BY CODE; AND VARIANCE FROM SECTION 31-
171(a)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
PERMIT A PARKING SETBACK OF 0 FEET WHERE A MINIMUM 10
FOOT PARKING SETBACK IS REQUIRED BY CODE FOR PROPERTY
LOCATED AT 2890 NE 187 STREET, CITY OF AVENTURA, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
A motion for consideration was offered by Vice Mayor Joel and seconded by
Commissioner Auerbach. Planning Director Joanne Carr explained the request
of the applicant and entered the staff report into the record. The following
individuals addressed the Commission: Cliff Schulman, 1221 Brickell Avenue and
Andrew Sterner, representing the applicant; Antonio Cantorini, 2821 NE 185111
Street, #408; Scott Grossman, 2941 NE 185111 Street #1303; Donna Benson, 33
NE 191"1 Street; Carlos Cartalun, representing Terzetto; Lisa Knapp, Hidden Bay;
Shell Asilla, Aventi resident; Ezra Scrimanage, Aventi; Aventura Lakes Resident
(name not audible);Sophia Huwino, 7000 Island Blvd.; Arthur Barr; Rev. Will
Keyser; Barry Weber, 525 Palm Drive, Hallandale Beach; Phil Bova, 2800 Island
Boulevard; Nadres Montejo, President, Aventi Homeowners Assosciation; Gi
Bendatta, Aventi; Mark Salz, architect representing applicant.
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There being no further speakers, the public hearing was closed. At the request
of the applicant, this application was withdrawn.
7. ORDINANCES: FIRST READING/PUBLIC INPUT: None.
8. PUBLIC HEARING: ORDINANCES: SECOND READING: Mr. Wolpin read the
following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AMENDING ORDINANCE NO. 2005-13 WHICH ORDINANCE
ADOPTED A BUDGET FOR THE 2005/2006 FISCAL YEAR BY REVISING
THE 2005/2006 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 Holzberg, and seconded by Vice
Mayor Joel. 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. 2006-04 was enacted.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. OTHER BUSINESS: None.
11. PUBLIC COMMENTS: None.
12. REPORTS As submitted.
13. ADJOURNMENT: There being no furth
at this time, after motion made, second
adjourned at 8:30 p.m.
. business to co before the Commission
and u anim us y ssed, the meeting
Approved by the Commission on April 4, 2006.
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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