10-01-2013 The I' of MINUTES
Aventura Government 8
CITY COMMISSION MEETING 9200 W.Country Club Drive
OCTOBER 1, 2013 6 p.m. Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb at 6 p.m. Present were Commissioners Enbar Cohen, Teri Holzberg, Billy Joel,
Howard Weinberg, Luz Weinberg, Vice Mayor Michael Stern, Mayor Susan Gottlieb,
City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David
Wolpin. As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led by Chief Steinberg.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA: There were no requests from the public to address the
Commission. A motion to approve the Consent Agenda was offered by Commissioner
Holzberg, seconded by Commissioner Joel, passed unanimously by roll call vote and
the following action was taken:
A. The following minutes were approved:
September 3, 2013 Commission Meeting
September 9, 2013 Commission Meeting — 1st Budget Hearing
September 18, 2013 Commission Meeting —2nd Budget Hearing
September 19, 2013 Workshop Meeting
B. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $54,500
FOR CONSTRUCTION OF RADIO SYSTEM ROOM, CRIME
PREVENTION PROGRAMS, EQUIPMENT AND CRIME PREVENTION
SCHOLARSHIP FROM THE POLICE FORFEITURE FUNDS IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM
C. Resolution No. 2013-43 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. 2013-44 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF
MEMBERS TO THE CITY OF AVENTURA ARTS AND CULTURAL
CENTER ADVISORY BOARD FOR A TWO-YEAR TERM; AND
PROVIDING AN EFFECTIVE DATE
E. Resolution No. 2013-45 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, COMMEMORATING THE 50TH ANNIVERSARY
OF THE VIETNAM WAR; EXPRESSING SUPPORT FOR THE
NOVEMBER 8, 2013 PARADE SPONSORED BY THE MIAMI-DADE
COUNTY MILITARY AFFAIRS BOARD WELCOMING HOME AND
REMEMBERING VIETNAM VETERANS; AND PROVIDING AN
EFFECTIVE DATE
Trevor Nesse, representative from Dr. Michael Krop Senior High School,
addressed the Commission and provided an update on items of interest from the
school.
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.
Mr. Wolpin invoked the quasi-judicial procedures and Mrs. Soroka administered the
oath to all those wishing to offer testimony in items 6-A and 6-B.
A. The following resolution was read by title by Mr. Wolpin:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE
FROM SECTION 31-171(b) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW ELEVEN (11) PARKING SPACES, WHERE
A MINIMUM OF EIGHTEEN (18) PARKING SPACES ARE REQUIRED
BY CODE; AND VARIANCE FROM SECTION 31-221(i)(2) OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A TWO (2)
2
FOOT WIDE PERIMETER BUFFER STRIP ALONG THE WEST LIMIT
OF THE VEHICULAR USE AREA, WHERE A MINIMUM SEVEN (7)
FOOT WIDE PERIMETER BUFFER STRIP IS REQUIRED BY CODE;
AND VARIANCE FROM SECTION 31-221(i)(2) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW A ZERO (0) FOOT WIDE
PERIMETER BUFFER STRIP ALONG THE NORTH LIMIT OF THE
VEHICULAR USE AREA, WHERE A MINIMUM SEVEN (7) FOOT WIDE
PERIMETER BUFFER STRIP IS REQUIRED BY CODE; AND RELEASE
OF PREVIOUSLY APPROVED RESOLUTIONS NOS. 98-50 AND 2000-
25; ALL FOR A PROPOSED 4400 SQUARE FOOT, ONE-STORY
RETAIL BUILDING AT 17800 BISCAYNE BOULEVARD, CITY OF
AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Stern and seconded by
Commissioner Luz Weinberg. Community Development Director Joanne
Carr addressed the Commission and entered the staff report into the
record. 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 Resolution No. 2013-46 was adopted.
B. The following resolution was read by title by Mr. Wolpin:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE
FROM SECTION 31-171(b) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW FORTY-SIX (46) PARKING SPACES,
WHERE A MINIMUM OF EIGHTY-SEVEN (87) PARKING SPACES ARE
REQUIRED BY CODE; AND MODIFICATION TO CITY OF AVENTURA
RESOLUTION NO. 2011-47 TO EXTEND THE TIME FOR USE OF THE
TEMPORARY STRUCTURE ON SITE TO DECEMBER 26, 2014 AND
TO MODIFY CONDITION NO. 8 OF SECTION 2. OF THE RESOLUTION;
AND MODIFICATION TO THE "DECLARATION OF RESTRICTIONS
REGARDING TEMPORARY STRUCTURE" TO EXTEND THE TIME TO
USE OF THE TEMPORARY STRUCTURE TO DECEMBER 26, 2014;
ALL FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
NE 185 STREET AND NE 28 COURT, MUNICIPAL ADDRESS 18449
BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel and seconded by
Commissioner Enbar Cohen. Ms. Carr addressed the Commission and
entered the staff report into the record. Mayor Gottlieb opened the public
hearing. The following individuals addressed the Commission: Stanley
Price, Esq., 1450 Brickell Avenue, representing the applicant; Ron Kitt les,
3
7000 Island Blvd. There being no further speakers, the public hearing was
closed. A motion to amend the resolution to provide that the owner will
add parking spaces if determined to be required by the City Manager at
any time in the future was offered by Commissioner Joel, seconded by
Commissioner Luz Weinberg and unanimously passed. The motion for
approval, as amended, passed unanimously by roll call vote and
Resolution No. 2013-47 was adopted.
7. ORDINANCES: FIRST READING — PUBLIC INPUT: None.
8. ORDINANCES: SECOND READING/PUBLIC HEARING: Mr. Wolpin read the
following ordinance by title:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31-145 "TOWN CENTER ZONING DISTRICTS" OF THE
CITY'S LAND DEVELOPMENT REGULATIONS BY ADDING "TOWN
CENTER NEIGHBORHOOD (TC3) DISTRICT" TO THE SECTION;
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 Howard Weinberg. Mayor Gottlieb opened the public hearing.
The following individual(s) addressed the Commission: Mickey Marrero, Esq.,
Bercow and Radell, representing the applicant; Amy Huber, Esq., Shubin & Bass,
representing the Aventura Turnberry Jewish Center and Tauber School. There
being no further speakers, the public hearing was closed. Ms. Carr addressed
the Commission and reviewed the amendments. A motion to amend the
ordinance to change Sections (2)c and (4)c from 2,500 sq. ft. to 1,000 sq. ft. of
total floor area for indoor and outdoor commercial recreational uses was offered
by Commissioner Enbar Cohen, seconded by Vice Mayor Stern and unanimously
passed. The motion for approval, as amended, passed by roll call vote (6-1) with
Mayor Gottlieb voting no and Ordinance 2013-12 was enacted.
9. RESOLUTIONS — PUBLIC HEARING: None.
10. REPORTS: As presented.
11.PUBLIC COMMENTS: Roberta Christina, 6000 Island Blvd.; (name unclear) 3332
NE 190th Street; Carlos Pagan, Williams Island; Eric Fader, Island Estates; Peter
Murphy, Aventura Marina; Neal Goodman, 3201 NE 183 Street; Paul Ober, 7000 Island
Blvd.
4
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 7:25 p.m.
:1/ &ii .1l a i G...
M. Sor 'j-sa MC, ity Clerk
Approved by the Commission on November 5, 2013.
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.
5