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10-07-2003MINUTES Aventura Government Center CITY COMMISSION MEETING 19200 w. country Club Odve OCTOBER 7, 2003 6 PM Aventura, Flodda 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:19 p.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Zev Auerbach, Jay R. Beskin, Ken Cohen, Bob Diamond, Harry Holzberg, Vice Mayor Manny Grossman, Mayor Perlow, 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: Jules Trump led the pledge of allegiance. Mayor Perlow declared a conflict of interest and left the reom at this time. 3. ZONING HEARINGS: Ex-paRe 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. A. 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 AN ELEVEN STORY, 129 FOOT HIGH RESIDENTIAL BUILDING WITH ARCHITECTURAL DESIGN OTHER THAN MEDITERRANEAN STYLE AND A TRANFER OF DENSITY FOR 0.344 ACRES FROM LAND TO BE DEDICATED TO THE CITY OF AVENTURA; FOR PROPERTY LOCATED AT 3029 NE 188 STREET; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Cohen and seconded by Commissioner Diamond. Joanne Carr, Planning Director, explained the request of the applicant and entered the staff report into the record. Vice Mayor Grossman opened the public hearing. The following individual(s) addressed the Commission: Cliff Shulman, Esq., 1221 Brickell Avenue; and Kobi Karp, amhitect. There being no further speakers, the public hearing was closed. The motion for approval of the resolution passed, 4-2, with Commissioners Beskin and Holzberg voting no and Resolution No. 2003-70 was adopted. B. 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 AN ELEVEN STORY, 135 FOOT HIGH RESIDENTIAL BUILDING WITH ARCHITECTURAL DESIGN OTHER THAN MEDITERRANEAN STYLE AND A TRANFER OF DENSITY ON 1.216 ACRES FROM LAND TO BE DEDICATED TO THE CITY OF AVENTURA; FOR PROPERTY LOCATED AT 3131 NE 188 STREET; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Cohen and seconded by Commissioner Diamond. Ms. Carr explained the request of the applicant and entered the staff report into the record. Vice Mayor Grossman opened the public hearing. The following individual(s) addressed the Commission: Mr. Schulman; Jaime Schapiro, architect. There being no further speakers, the public hearing was closed. The motion for approval of the resolution passed, 4-2, with Commissioners Beskin and Holzberg voting no, and Resolution No. 2003-71 was adopted. Mayor Perlow returned to the meeting at this time. C. 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 A PLAY PARK/PET PARK IN THE RMF4 ZONING DISTRICT; GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-172(C)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A DRIVEWAY SEPARATION OF 92 FEET OF LANDSCAPED FRONTAGE, WHERE A 150 FOOT SEPARATION IS REQUIRED BY CODE; FOR PROPERTY LOCATED AT 18375 NE 31 AVENUE, PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Grossman, and seconded by Commissioner Diamond. Ms. Carr explained the request of the applicant and entered the staff report into the record. Mayor Pedow opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the resolution passed unanimously and Resolution No. 2003-72 was adopted. Mayor Pedow left the room at this time. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING THE APPROVALS GRANTED 2 PURSUANT TO RESOLUTION NO. 2002-31 ADOPTED ON JUNE 4, 2002; TO MODIFY SECTION I OF RESOLUTION TO PROVIDE A MAXIMUM DURATION OF VARIANCES FOR FOUR MONTHS FROM SEPTEMBER 4, 2003 TO JANUARY 4, 2004 FOR THE OPERATION OF THE HAND CAR WASH USE FOR PROPERTY LOCATED AT 2890 NE 187 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Diamond., and seconded by Commissioner Auerbach. Ms. Carr explained the request of the applicant and entered the staff report into the record. Vice Mayor Grossman opened the public hearing. The following individual(s) addressed the Commission: Stanley Price, Esq., representing the applicant; Guillermo Freile, applicant. There being no further speakers, the public hearing was closed. A motion to amend the resolution to provide an extension to February 4, 2004 was offered by Commissioner Beskin, seconded by Commissioner Diamond and passed, 4-2, with Commissioners Cohen and Holzberg voting no. The motion for approval of the resolution, as amended, passed 4-2, with Commissioners Cohen and Holzberg voting no and Resolution No. 2003-73 was adopted. Mayor Pedow returned to the meeting at this time. 4. ELECTION OF VICE MAYOR: A motion to appoint Commissioner Beskin as Mayor for the next 6-month period was offered by Commissioner Cohen, seconded by Commissioner Holzberg and unanimously approved. 5. AGENDA: Request for Deletions/Emergency Additions: A motion to remove item 11 from the agenda was offered by Commissioner Cohen, seconded by Vice Mayor Grossman and unanimously passed. 6. SPECIAL PRESENTATIONS: None. 7. CONSENT AGENDA: Commissioner Beskin requested removal of item 7-E from the Consent Agenda. A motion to approve the remainder of the Consent Agenda was offered by Commissioner Cohen, seconded by Commissioner Holzberg, unanimously passed and the following action was taken: The minutes of the September 2, 2003 Commission Meeting, September 4, 2003 First Budget Public Hearing, September 18, 2003 Workshop Meeting; and September 18, 2003 Second Budget Public Hearing were approved. B. Resolution No. 2003-74 was adopted as follows: 3 Co De A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN ADDENDUM TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF AVENTURA AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION, OCTOBER 1, 2002 TO SEPTEMBER 30, 2005, ATTACHED HERETO, WHICH ADDENDUM SHALL BE EFFECTIVE UPON SIGNATURE BY THE CITY MANAGER AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2003-75 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. Resolution No. 2003-76 was adopted as follows: A RESOLUTION OF THE CITY COMMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION # 01-0103-036 FOR PROFESSIONAL CONSULTING SERVICES WITH CRAVEN THOMPSON AND ASSOCIATES, INC. TO PREPARE SPECIFICATIONS AND BID DOCUMENTS FOR THE DEVELOPMENT OF TRAFFIC VIDEO MONITORING SYSTEMS AT THE INTERSECTIONS OF BISCAYNE BOULEVARD AND N.E. '183R[~ STREET AND MIAMI GARDENS DRIVE FOR THE AMOUNT OF $60,800.00; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2003-77 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER 4 OF TO EXECUTE THE ATTACHED LOCAL AGENCY CERTIFICATION QUALIFICATION AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; ALLOWING THE CITY TO QUALIFY FOR FEDERAL DEMONSTRATION FUNDS THROUGH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR REIMBURSEMENT ON APPLICABLE CITY IMPROVEMENT PROJECTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. G. Resolution No. 2003-78 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. 03-09.23-2, PLAY AREA/PET PARK IMPROVEMENTS, TO MIAMI SKYLINE CONSTRUCTION AT THE BID PRICE OF $458,040.33 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. H. Resolution No. 2003-79 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. 03-9-23-2, BISCAYNE BOULEVARD LANDSCAPE MAINTENANCE, TO LUKE'S LANDSCAPING, INC., AT THE BID PRICE OF $447,418; 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. The following item was removed from the agenda and addressed separately: E. Mr. Wolpin read the following resolution by title: 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 5 MUNICIPAL INSURANCE TRUST; AUTHORIZING THE CITY MANAGER, ON BEHALF OF SAID CITY, TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Cohen, seconded by Commissioner Diamond, unanimously passed and Resolution No. 2003- 80 was adopted. 8. ORDINANCES - FIRST READING/PUBLIC INPUT: None. 9. PUBLIC HEARING: ORDINANCES - SECOND READING: None 10. RESOLUTIONS: None. 11.OTHER BUSINESS: DISCUSSION AND POSSIBLE ACTION REGARDING TERM LIMITS - Removed from agenda 12. PUBLIC COMMENTS: Reverend Will Keyser. 13. REPORTS. As submitted. Mr. Soroka provided the Commission with copies of correspondence from Mr. Schulman requesting a deferral of the application by Williams Island Synagogue, Inc. 04-CU-03 for conditional use approval for establishment of a synagogue in multifamily high density residential (RMF4) district from November 4, 2003 to the January 2004 Commission meeting. A motion to add this matter to the agenda for consideration was offered by Commissioner Cohen, seconded by Commissioner Holzberg and unanimously passed. Mr. Schulman and Jules Trump, representing the applicant, addressed the Commission. A motion to schedule this matter for consideration at a special meeting after November 4, 2003, which meeting shall be during the month of November as amicably scheduled between City administration and counsel for applicant and other interested parties, was offered by Commissioner Cohen, seconded by Commissioner Holzberg and unanimously passed. It was the consensus of the Commission to cancel the October Workshop. 14. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and urjanimously passed, th~'I meeting adjourned at 8:15 p.m. Approved by the Commission on November 4, 2003. Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or headng 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. 7 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL P, UBLIC OFFICERS MAILING ADDRI~SS CITY * COUN~ OATE ON WHICH VOTE OCCURREO 1o NAME OF. BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ~_. I TY ~OA,t/14. I-c f~ i oN THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITrEE ON WHICH I SERVE IS A UNIT OF: E3 COUNTY [] OTHER LOCAL AGENCY MY POSITION 18: ~'~ ~.. ~LECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equaily to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the ~pecial private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163,356 or 163,357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: in addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF, 1/2000 PAGE 1 APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting after the form is fi~ed. IF YOU MAKE NO ATTEMPT TO iNFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating. · You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is flied. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, ~'"~FF~J;:-V i~...,P~'*'~L_O_c~) .... herabydiscJosethaton (a) A measure came or will come before my agency which (check one) __ inured to my special private gain or lOSS; -- inured to the special gain or less of my business associate, __ inured to the special gain or koss of my relative, __ inured to the special gain or loss of. whom I am retained; or __ inured to the special gain or loss of. __ __ is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as fotlows: l; , which Date Filed ~ -- NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY SE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION iN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS M~ILING ADDRESS · CITY DATE ON WHICH VOTE OCCURRED COUNTY WHO MUST FILE FORM 8B This form is for use by any parson serving at the county, city, or other Icoal level of government on an appointed or elected board, council, commission, autho~y, or committee. It applies equally to members of advisory and non-advieory bodies who are presented with a voting conflict of interest under Section 112.3143, Fledda Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will va~ greatly depanding on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1t2.3143, FLORIDA STATUTES A perso~ holding elective or appointive county, municipal, or other local public utfico MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (inciuding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officem of indepandent special tax disthcts elected on a one-aore, o~-vote basis are not prohibited from voting in that capacity. For purposes of this law, a 'relative' includes only the officer*s father, mother, so~, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, sorkin--taw, and daughter-in-law. A 'business associate' means any parson or entity engaged in or canying on a business enterprise with the officer as a partner, joint venturer, coowner of proparly, or corporate shareholder (where the shares of the corporation ars not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the mirk utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain ti'om voting in the situations described above, you othen~ise may participate ld these matters. However, you must disclose the nature of the conflict before making any attempt to intiuenca the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must complete and file this form (before making any attempt to influence the decision) with the person responsibis for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B- EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting after the form is flied. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating. · You must complete the form and ~e it within '15 days after the vote ocsum with the parson responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form mu~t be provided immediately to the other memhem of the agency, and the form must be mad publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST (a) A measure come or will come befoce my agency which (check one) __ inured to my special private gain or loss; __ inured to the special gain or loss of my business associate, ; __ inured to the special gain or loss of my relative, ; __ inured to the special gain or loss of , by whom I am retained; or __ inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as fotiows: Date Filed ~ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2