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06-12-2007 A~ _. ,..""",,;.1' MINUTES CITY COMMISSION MEETING JUNE 12, 2007 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 following the 6 p.m. Local Planning Agency meeting. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Billy Joel, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor Gottlieb, City Manager Eric M. Soroka, and City Attorney David M. Wolpin. City Clerk Teresa M. Soroka was absent. 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. SPECIAL PRESENTATIONS: Service awards were presented by Mr. Soroka to 10- year employees Arleen Llanes and Hans Maestre. 5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Holzberg, seconded by Vice Mayor Stern, unanimously passed and the following action was taken: A. The following minutes were approved: May 1, 2007 Commission Meeting May 31, 2007 Workshop Meeting B. Resolution No. 2007-24 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. 07-05-15-2, NE 29 PLACE STREET LIGHTING, TO HORSEPOWER ELECTRIC, INC. AT THE BID PRICE OF $114,000. 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. 2007-25 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 BAY VILLAGE 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. D. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $75,000 TO SUPPORT THE TRAFFIC VIDEO MONITORING PROGRAM FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM E. The following motion was approved: MOTION TO APPROVE CITY MANAGER'S PERFORMANCE EVALUATION AS OUTLINED ON EXHIBIT "A" EFFECTIVE JUNE 1, 2007 F. Resolution No. 2007-26 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. 01-0103-090 FOR PROFESSIONAL DESIGN, PERMIT, BID AND CONSTRUCTION REVIEW SERVICES FOR THE WATERWAYS DOG PARK PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE. 6. ZONING HEARINGS: (As to items 6 and 7): 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 Community Services Executive Assistant Gail Fishman. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31- 171(a)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 5'5" PARKING PAVEMENT SETBACK, WHERE A MINIMUM 10' SETBACK IS REQUIRED BY CODE; AND GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-172(c)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A LANDSCAPED DRIVEWAY SEPARATION OF 2 130', WHERE A MINIMUM SEPARATION OF 330' IS REQUIRED BY CODE FOR PROPERTY LOCATED AT 18450 BISCA YNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Vice Mayor Stern. Planning Director Joanne Carr addressed the Commission and entered the staff report into the record. Mayor Gottlieb opened the public hearing. Alan Rosenthal, Esq., representing the applicant, addressed the Commission. There being no further speakers, the public hearing was closed. The motion for approval passed 5-2, with Mayor Gottlieb and Commissioner Diamond voting no and Resolution No. 2007-27 was adopted. 7. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR FOUR PARCELS OF LAND LOCATED ON THE WEST SIDE OF BISCA YNE BOULEVARD BETWEEN NE 213 STREET AND THE NORTH CITY LIMIT FROM MO, MEDICAL OFFICE DISTRICT TO B2, COMMUNITY BUSINESS DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Auerbach and seconded by Commissioner Joel. Mayor Gottlieb opened the public hearing. Jacki Tako addressed the Commission. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. 8. ORDINANCES: SECOND READING: PUBLIC HEARING: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2006-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2006/2007 FISCAL YEAR BY REVISING THE 2006/2007 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 Diamond and seconded by Commissioner Holzberg. 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. 2007-10 was enacted. 3 9. 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. 97-35, RESOLUTION NO. 98-05 AND RESOLUTION NO. 2004-08 TO REVISE THE FEE SCHEDULE FOR DEVELOPMENT REVIEW, PLANNING AND ZONING APPLICATIONS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Auerbach and seconded by Commissioner Joel. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion passed unanimously and Resolution No. 2007-28 was adopted. 10. REPORTS: As presented. 11. PUBLIC COMMENTS: George Lipton. 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. Approved by the Commission on July 1 , 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. 4