04-04-2006
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MINUTES
CITY COMMISSION MEETING
APRIL 4, 2006 - 6 PM
Avenlura 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 Madelyn Giardello.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: None.
5. ELECTION OF VICE MAYOR: Commissioner Auerbach nominated Commissioner
Weinberg to serve as Vice Mayor for the next six month period. The nomination was
seconded by Commissioner Joel and unanimously passed.
6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Joel, seconded by Commissioner Stern, unanimously passed and the
following action was taken:
A. The minutes of the March 7, 2006 Commission Meeting and March 16,
2006 Workshop Meeting were approved.
B. Resolution No. 2006.17 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION
RESULTS OF THE MARCH 21, 2006 MUNICIPAL SPECIAL MAIL-IN
BALLOT ELECTION, AS CERTIFIED BY THE CANVASSING BOARD
AND ATTACHED HERETO; PROVIDING AN EFFECTIVE DATE.
C. Resolution No. 2006-18 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 AUTHORIZATIONS; 01-0103-068,
01-0103-069, 01-0103-070, FOR PROFESSIONAL ENGINEERING
SERVICES TO PERFORM TRAFFIC STUDIES BY AND BETWEEN THE
CITY OF AVENTURA AND CRAVEN THOMPSON & ASSOCIATES FOR
THE TOTAL AMOUNT OF $48,200.00; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
D. The following motion was approved:
MOTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH
THE PROPOSED PERFORMING ARTS CENTER PHASE I ACTION
PLAN IN ACCORDANCE WITH MEMORANDUM DATED MARCH 30,
2006.
E. The following motion was approved:
MOTION TO REJECT ALL BIDS TENDERED FOR ELECTRICAL
MAINTENANCE SERVICES AND AUTHORIZING CITY MANAGER TO
NEGOTIATE WITH SOLE BIDDER
F. Resolution No. 2006-19 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AN EXTENSION OF TIME TO
RECORD THE MARINA DEL REY SECOND REVISED FINAL PLAT,
BEING A REPLAT OF A PORTION OF TRACT N OF MARINA DEL REY
REVISED, PLAT BOOK 144, PAGE 89, LYING IN THE SOUTH 'Iz OF
SECTION 3 TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF
AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
G. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $100,000
FOR E-911 SYSTE EQUIPMENT & BUILD-OUT FROM THE POLICE
FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
7. ZONING HEARINGS: QUASI.,JUDlCIAL PUBLIC HEARINGS - Please be advised that the following items 00 the
Corrnnission's agenda are quasi-judicial in nature. If you wish to object or comment upm any of these items, pk:ase infonn the Mayor when he
requests public cornrnents. An ~jty for persoos to speak 00 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 made under cath or affirrretion. Additionally, each persoo
who gives testimony rray be subject to cross-examination. If you refuse either to be cross-examined or to be swcm, your testimony will be given its
due weight. The general public win not be pennitted to cross-examine witnesses. but the public may request the Conmission to ask questioos of staff
or witnesses on their behalf. Persons representing organizations mJst present evidence of their authclity to speak for the orpnizatioo. Further details
of the quasi-judicial procedures may be obtained from the Clerk.
Mr. Wolpin reviewed the quasi-judicial proceedings. Ex-parte communications by
Commissioners, if any, were disclosed and filed with the City Clerk in accordance with
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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, APPROVING ALTERNATE BUILDING LAYOUT DESIGN AS
BEING IN COMPLIANCE WITH CONDITION CONTAINED IN SECTION 2
"WAIVER GRANTED" OF CITY RESOLUTION NO. 2006-08 GRANTING
MORATORIUM WAIVER APPLICATION FOR LINCOLN POINTE PROPERTY
CONSISTING OF 8.77 :t ACRES LOCATED AT 17900 NORTHEAST 31ST
COURT IN THE CITY OF AVENTURA; PROVIDING FOR A RESIDENTIAL
TOWER BUILDING OF A WIDTH WHICH IS GENERALLY NOT TO EXCEED
FOUR HUNDRED (400') FEET, WITH A HEIGHT NOT TO EXCEED THIRTY
FIVE (35) STORIES, FOR THE REDEVELOPMENT OF LINCOLN POINTE;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE
DATE.
A motion for consideration was offered by Commissioner Holzberg and seconded
by Commissioner Diamond. Planning Director Joanne Carr explained the
request of the applicant and entered the staff report into the record. The
following individuals addressed the Commission: Stanley Price, Esq., Bilzin
Sumberg; Charles Benson, Charles Benson & Associates, architects; Giobert
Benhamou and Tom Brinkley, 18877 NE 29th Street, representing the applicant;
Jonathan Evans, 7000 Island Blvd.; Carlos Aguierra, President, Williams Island
POA; Bob Burroughs; and George Tower, 7000 Island Blvd. There being no
further speakers, the public hearing was closed. A motion was offered by
Commissioner Joel to approve the resolution providing for the alternate building
layout design on Exhibit A which provides one building containing two vertical
groupings of dwelling units with a common lobby with reference in the resolution
to the second amended settlement agreement. The motion was seconded by
Commissioner Auerbach, passed unanimously by roll call vote and Resolution
No. 2006.20 was adopted.
A motion was offered by Vice Mayor Weinberg, seconded by Commissioner Joel
and unanimously passed to add the following resolution to the agenda, which
was read by title by Mr. Wolpin:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING SECOND AMENDMENT TO
SETTLEMENT AGREEMENT BETWEEN SHEFAORlTARRAGON,
LLLP, AND THE CITY OF AVENTURA, CONCERNING 8.77 ACRE %
PARCEL OF LAND LOCATED AT 17900 NORTHEAST 31ST COURT IN
THE CITY OF AVENTURA, COMMONLY KNOWN AS THE LINCOLN
POINTE PROPERTY; AUTHORIZING EXECUTION OF SECOND
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AMENDMENT TO SETTLEMENT AGREEMENT; AUTHORIZING
IMPLEMENTATION OF SECOND AMENDMENT TO SETTLEMENT
AGREEMENT; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel, seconded by Vice
Mayor Weinberg, unanimously passed and Resolution No. 2006-21 was
adopted.
8. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Wolpin read the following
ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING THE
CITY CODE BY AMENDING CHAPTER 14 "BUILDINGS AND BUILDING
REGULATIONS", AT ARTICLE V "CONSTRUCTION SITES", BY AMENDING
SECTION 14-100 "SECURING OF CONSTRUCTION SITES"; TO REVISE
TITLE OF SECTION 14-100 TO BE "SECURING OF CONSTRUCTION SITES;
OTHER RESTRICTIONS"; REVISING EXISTING REGULATIONS
CONCERNING CONSTRUCTION SITES TO CONFORM TO MIAMI-DADE
COUNTY CODE REFERENCE AND ADDING ADDITIONAL PROVISIONS
CONCERNING ENFORCEMENT AND PENALTIES, PARKING OF
CONSTRUCTION WORKER VEHICLES, PROTECTION OF PUBLIC
ROADWAYS AND RIGHT OF WAY, ENFORCEMENT OF NOISE
REGULATIONS, AND ESTABLISHING REQUIREMENTS FOR JOB SITE
MAINTENANCE, COMPLIANCE WITH JOB-5ITE PLAN, AND OTHER
PURPOSES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR PENALTY; AND PROVIDING FOR
AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Auerbach. Mayor Gottlieb opened the public hearing. Bob
Burroughs addressed the Commission. The being no further speakers, the
public hearing was closed. The motion for approval passed unanimously by roll
call vote.
9. PUBLIC HEARING: ORDINANCES: SECOND READING: None.
10. RESOLUTIONS - PUBLIC HEARING: Mr. Wolpin read the following resolution by
title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AMENDING RESOLUTION NO. 96-39 WHICH PROVIDED A FEE
SCHEDULE FOR ENGINEERING AND PUBLIC WORKS INSPECTION
PERMIT AND REVIEW; AUTHORIZING THE CITY MANAGER TO DO ALL
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THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel and seconded by
Commissioner Diamond. The motion for approval passed unanimously and
Resolution No. 2006-22 was adopted.
11. OTHER BUSINESS: None.
12. PUBLIC COMMENTS: Jack Ross, Aventura Optimist Club and participants of the
Zone Contest, as follows: Ashley Kumakis and Lucas Simons.
13. REPORTS As submitted.
Approved by the Commission on May 2,
e ore the Commission
assed, the meeting
14. ADJOURNMENT: There being no further usiness to
at this time, after motion made, seconde and
adjourned at 8 p.m.
Anyone wishing to appeal any dedsion made by the City Commlssioo with respect to any matter considered al a meeting or hearing
will need a recool of the proceedings and, for such purpose, may need to ensure thai a verbatim record of the proceedings is made,
which record Indudes the testimony and evidence upon which the appeal Is to be based.
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