09-12-2006
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MINUTES
CITY COMMISSION MEETING
SEPTEMBER 12, 2006
Following 6 p.m. LPA meeting
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 6:38 p.m. following the Local Planning Agency meeting. Present were
Commissioners Zev Auerbach, Bob Diamond, Harry Holzberg, Billy Joel, Michael Stern,
Vice Mayor Luz Urbaez Weinberg, 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.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: A Certificate of Service were presented to ten-year
employee Police Chief Thomas Ribel and a Proclamation was presented to City Clerk
Teresa M. Soroka for her ten years of service.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Vice Mayor Weinberg, seconded by Commissioner Joel, unanimously passed and the
following action was taken:
A. The following minutes were approved:
July 11, 2006 Workshop Meeting
July 11, 2006 Commission Meeting
July 20, 2006 Commission Meeting
July 20, 2006 Workshop Meeting
B. Resolution No. 200649 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, 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 TOWN OF SURFSIDE 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.
C. The following motion was approved:
MOTION TO APPROVE PRESENTATION OF KEY TO CITY TO
AVENTURA RESIDENT AND FORMER OLYMPIAN BOB BEAMON
D. Resolution No. 2006-50 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. 06-07-24-2, MIAMI GARDENS DRIVE EXTENSION
IMPROVEMENTS, TO WILLIAMS PAVING COMPANY, INC. AT THE
BID PRICE OF $2,222,788.00. 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.
E. The following motion was approved:
MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE
FINANCIAL REPORT FOR THE A VENTURA CITY OF EXCELLENCE
SCHOOL FOR THE FISCAL YEAR ENDED JUNE 30, 2006 AND TO
ACCEPT LETTER DATED AUGUST 18, 2006 ATTACHED HERETO
F. Resolution No. 2006-51 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.
G. Resolution No. 2006-52 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN SECOND
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF
AVENTURA AND MIAMI-DADE COUNTY RELATING TO FPL
FRANCHISE FEES; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
H. Resolution No. 2006-53 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 AND OTHERWISE ENTER INTO THAT CERTAIN
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF
AVENTURA AND MIAMI-DADE COUNTY RELATING TO EMERGENCY
911 SYSTEM SERVICE FEES; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
I. Resolution No. 2006-54 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF A VENTURA
AND MIAMI-DADE COUNTY REGARDING RIGHT OF WAY
RECONSTRUCTION; AND PROVIDING AN EFFECTIVE DATE.
J. Resolution No. 2006-55 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING A CONTRACT FOR THE CITY'S
PROPERTY AND LIABILITY INSURANCE TO THE FLORIDA
MUNICIPAL INSURANCE TRUST; AUTHORIZING THE CITY
MANAGER, ON BEHALF OF SAID CITY, TO EXECUTE ASSICIATED
CONTRACTS; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
K. Resolution No. 2006-56 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. 06-09-08-2, WATERWAYS PARK EXPANSION
CLEARING AND GRUBBING, TO MCO ENVIRONMENTAL, INC. AT
THE BID PRICE OF $278,658.00. 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.
A Key to the City was presented to Aventura resident and former Olympian Bob
Beamon by Commissioner Diamond on behalf of the City Commission.
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Mr. Wolpin noted that the quasi-judicial procedures would be invoked for items 6 and
7B. 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.
7. ORDINANCES: FIRST READING/PUBLIC INPUT: (taken out of order)
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR PROPERTY LOCATED ON NE
207 STREET AT NE 30 AVENUE, MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A", FROM BUSINESS AND OFFICE TO MEDIUM HIGH
DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE
AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA
STATUTES; AND 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 Commissioner 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.
B. Mr. Wolpin read the following 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 PARCEL OF LAND
LOCATED ON NE 207 STREET AT NE 30 AVENUE AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT A, FROM B2, COMMUNITY
BUSINESS DISTRICT TO RMF3A, MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL 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 Commissioner
Joel, 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.
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6. ZONING HEARINGS: Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE
CONSTRUCTION OF A MARINA AND DRY DOCK BOAT STORAGE
BUILDING WITH A HEIGHT OF 90 FEET IN THE TC2, TOWN CENTER
MARINE DISTRICT, WHERE A MAXIMUM HEIGHT OF 4 STORIES OR 50
FEET IS PERMITTED BY CODE; GRANTING 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; AND GRANTING VARIANCE FROM
SECTION 31-221 (i)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS
TO PERMIT A MINIMUM BUFFER STRIP OF 4'8", WHERE A MINIMUM 7'
WIDE BUFFER STRIP IS REQUIRED BY CODE FOR PROPERTY LOCATED
AT 2890 NE 187 STREET, CITY OF AVENTURA, FLORIDA; PROVIDING AN
EFFECTIVE DATE.
A motion for consideration of adoption was offered by Vice Mayor Weinberg and
seconded by Commissioner Diamond. Planning Director Joanne Carr addressed
the Commission and entered the staff report into the record. Mayor Gottlieb
opened the public hearing. The following individuals addressed the Commission:
Cliff Schulman, Esq., 1221 Brickell Avenue; Truly Burton, 4000 Island Blvd.;
Antonio Contarini, 2821 NE 185th Street, President, Aventi At Aventura Condo
Association; Christopher Russo, 17100 N. Bay Road, Sunny Isles Beach;
Gustavo Blachman, 21200 Point Place; Scott Grossman, 2941 NE 185th Street;
D. J. Kanova, 624 94th Street, Surfside; Dr. Louis Felder, 2125 NE 201st Street;
Mark Gahegan, 3900 Island Blvd.; Keith Marshall, 6000 Island Blvd.; Jim
Dondado, 2921 NE 185th Street. There being no further speakers, the public
hearing was closed. The motion passed 6-1, with Commissioner Holzberg voting
no and Resolution No. 2006-57 was adopted.
8. ORDINANCES: SECOND READING/PUBLIC HEARING: Mr. Wolpin read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING THE
CITY CODE BY AMENDING CHAPTER 36 "RETIREMENT" AT ARTICLE II
"POLICE PENSION PLAN AND TRUST FUND" BY AMENDING SECTION 36-
24 "CONTRIBUTIONS" AND DELETING SECTION 36-36 "RATE OF
CONTRIBUTION"; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel, and seconded by
Commissioner Auerbach. Mayor Gottlieb opened the public hearing. There
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being no speakers, the public hearing was closed. The motion for approval
passed unanimously by roll call vote and Ordinance No. 2006-11 was enacted.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: None.
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 8:45 p.m.
Approved by the Commission on October 3,2006.
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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