09-04-2012 The • of MINUTES Aventura Government Center
.* I CITY COMMISSION MEETING 19200 W.Country Club Drive
SEPTEMBER 4, 2012 6 PM Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb at 6:32 p.m. immediately following the 6 p.m. LPA meeting. Present were
Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Michael Stern, Luz Urbaez
Weinberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka
and City Attorney David M. Wolpin. Vice Mayor Teri Holzberg was absent due to illness.
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: None.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Auerbach, seconded by Commissioner Joel, passed unanimously and
the following action was taken:
A. The following minutes were approved:
July 10, 2012 Commission Meeting
July 19, 2012 Commission Budget Review Meeting
July 19, 2012 Workshop Meeting
B. Resolution No. 2012-37 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA URGING THE GOVERNOR AND THE STATE
BOARD OF EDUCATION TO EXERT THEIR LEADERSHIP TO PAVE
THE WAY FOR ADOPTION AND IMPLEMENTATION OF THE
RECOMMENDATIONS OF THE COMMISSIONER'S TASK FORCE ON
INCLUSION AND ACCOUNTABILITY;URGING THE FLORIDA
DEPARTMENT OF EDUCATION TO MAINTAIN CURRENT TRAINING
STANDARDS FOR READING TEACHERS OF ENGLISH LANGUAGE
LEARNERS ("ELLs") IN FLORIDA'S PUBLIC SCHOOLS; DIRECTING
THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO
THE GOVERNOR, SENATE PRESIDENT, THE SPEAKER OF THE
FLORIDA HOUSE, TO THE CHAIR AND MEMBERS OF THE MIAMI-
DADE COUNTY LEGISLATIVE DELEGATION, THE CHAIRPERSON
OF THE STATE BOARD OF EDUCATION, THE COMMISSIONER OF
EDUCATION, AND TO THE EXECUTIVE BOARD OF THE MIAMI-DADE
COUNTY LEAGUE OF CITIES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
C. Resolution No. 2012-38 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.
D. Resolution No. 2012-39 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF
AVENTURA AND PERFORMING ARTS CENTER AUTHORITY FOR
MANAGEMENT, PROGRAMMING AND OPERATIONAL SUPPORT
SERVICES FOR THE AVENTURA ARTS & CULTURAL CENTER;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
E. The following motion was approved:
CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING
BOARD FOR THE CITY OF AVENTURA CITY OF EXCELLENCE
SCHOOL
MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE
FINANCIAL REPORT FOR THE AVENTURA CITY OF EXCELLENCE
SCHOOL FOR THE FISCAL YEAR ENDED JUNE 30, 2012 AND TO
ACCEPT FOR FILING THAT LETTER DATED AUGUST 20, 2012
ATTACHED AS ATTACHMENT 1
F. The following motion was approved:
CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING
BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL
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MOTION TO ACCEPT AVENTURA CITY OF EXCELLENCE SCHOOL
OUT-OF-FIELD WAIVERS AS OUTLINED IN THE CITY MANAGER'S
MEMORANDUM DATED AUGUST 21, 2012
6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS — Please be advised that the
following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these
items, please inform the Mayor when she 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 made under oath or affirmation. Additionally,each person who gives testimony may be subject
to cross-examination.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 permitted 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. None.
7. ORDINANCES: FIRST READING/PUBLIC HEARING:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
PERTAINING TO USES PERMITTED AND DEVELOPMENT CRITERIA
FOR DEVELOPMENT IN THE TOWN CENTER (TC1) ZONING
DISTRICT; AMENDING SECTION 31-145(B) "TOWN CENTER ZONING
DISTRICTS" OF ARTICLE VII "USE REGULATIONS" OF CHAPTER 31
"LAND DEVELOPMENT REGULATIONS" TO PERMIT A LIFESTYLE
CENTER USE AS A PERMITTED USE IN THE TOWN CENTER (TC1)
DISTRICT; PROVIDING FOR USE, DEVELOPMENT AND DESIGN
STANDARDS FOR THE LIFESTYLE CENTER USE; PROVIDING FOR
AMENDMENTS TO THE USES PERMITTED AND PROHIBITED WITHIN
THE TOWN CENTER (TC1) ZONING 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 Stern and seconded by Commissioner Diamond.
Mayor Gottlieb opened the public hearing. There being no speakers, the
public hearing was closed. The motion for approval passed unanimously.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CODE OF ORDINANCES BY CHANGING ALL REFERENCES IN
THE CODE FROM "SOUTH FLORIDA BUILDING CODE" TO
"FLORIDA BUILDING CODE"; AMENDING SECTION 30-165
"GENERAL PROVISIONS" AND SECTION 30-167 "PROVISIONS FOR
FLOOD HAZARD REDUCTION" OF ARTICLE IV "FLOODS" OF
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CHAPTER 30 "ENVIRONMENT" TO PROVIDE FOR INTERNAL
CONSISTENCY AND UPDATED CROSS-REFERENCES; AMENDING
ALL REFERENCES IN CHAPTER 31 "LAND DEVELOPMENT
REGULATIONS" TO CHANGE THE REQUIREMENT OF AN
"OWNERSHIP AND ENCUMBRANCE REPORT" TO AN "OPINION OF
TITLE"; AMENDING SECTION 31-53 "AMENDMENTS TO THE
COMPREHENSIVE PLAN" OF CHAPTER 31 "LAND DEVELOPMENT
REGULATIONS" TO UPDATE A REFERENCE TO THE APPLICABLE
SECTION OF THE FLORIDA STATUTES; AMENDING SECTION 31-79
"ADMINISTRATIVE SITE PLAN REVIEW" OF CHAPTER 31 "LAND
DEVELOPMENT REGULATIONS" TO PROVIDE FOR TIME LIMITS TO
COMPLETE THE PHASES OF DEVELOPMENT OF A PHASED SITE
PLAN; AMENDING SECTION 31-171 "OFF-STREET PARKING AND
LOADING STANDARDS" OF CHAPTER 31 "LAND DEVELOPMENT
REGULATIONS" TO UPDATE THE PARKING STALL DIMENSION
FIGURE AND TO ADD THE REQUIRED SIZE OF A PARALLEL
PARKING SPACE; AMENDING SECTION 31-221, "LANDSCAPING
REQUIREMENTS" TO UPDATE MINIMUM LANDSCAPE DESIGN
STANDARDS FOR INTERIOR ISLANDS IN PARKING LOTS; AND
AMENDING SECTION 31-239, "COMPLIANCE WITH
COMPREHENSIVE PLAN" TO UPDATE THE LEVEL OF SERVICE
STANDARDS FOR POTABLE WATER; 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 Stern.
Mayor Gottlieb opened the public hearing. There being no speakers, the
public hearing was closed. The motion for approval passed unanimously.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA CREATING
DIVISION 6 "ART IN PUBLIC PLACES ADVISORY BOARD" OF
ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2
"ADMINISTRATION" OF THE CITY CODE OF THE CITY OF
AVENTURA, FLORIDA ; ESTABLISHING ADVISORY BOARD AND
PROVIDING FOR ITS DUTIES AND RESPONSIBILITIES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR AN EFFECTIVE DATE
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Mr. Soroka distributed a corrected copy of the proposed ordinance which
included the changes made subsequent to the Workshop Meeting. A motion for
approval was offered by Commissioner Weinberg, and seconded by
Commissioner Diamond. 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.
8. ORDINANCES: SECOND READING/PUBLIC HEARING:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-144(f) "MEDICAL OFFICE (MO) DISTRICT" OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO ADD "SELF
SERVICE STORAGE FACILITIES WITH A MINIMUM LOT AREA OF 1.5
ACRES" AS A CONDITIONAL USE IN THE DISTRICT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Weinberg and seconded by
Commissioner Auerbach. Mayor Gottlieb opened the public hearing. Mickey
Marrero, Esq., and Jim Fitzpatrick, representing the applicant, addressed the
Commission. There being no further speakers, the public hearing was closed.
The motion for approval passed 5-1 by roll call vote, with Commissioner Diamond
voting no, and Ordinance No. 2012-10 was enacted.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-238 "ACCESSORY USES" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ADD STANDARDS FOR
INSTALLATION OF RENEWABLE ENERGY DEVICES AS AN
ACCESSORY USE IN ALL ZONING DISTRICTS IN THE CITY;
PROVIDING FOR WAIVER PROCEDURE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel, and seconded by
Commissioner Diamond. Mayor Gottlieb opened the public hearing. Jonathan
Evans, 7000 Island Blvd., addressed the Commission. There being no further
speakers, the public hearing was closed. The motion for approval passed 4-2 by
roll call vote, with Commissioner Stern and Mayor Gottlieb voting no, and
Ordinance No. 2012-11 was enacted.
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9. RESOLUTIONS — PUBLIC HEARING: None.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: County Court Judge Andrea Wolfson; Sheryl Lossos,
21394 Marina Cove Circle, Krop High School student; Mr. Evans.
12. OTHER BUSINESS: Mr. Wolpin requested Executive Sessions to be scheduled
in the future regarding Masone v. City of Aventura and Burstyn v. City of
Aventura, both red light camera litigation. Commission approved.
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 7:37 p.m.
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41. esa M. • ka, MC, City Clerk
Approved by the Commission on October 2, 2012.
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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