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04-01-2014 The • al MINUTES Aventura Government Center s CITY COMMISSION 19200 W.Country Club Drive April 1, 2014 6 p.m. Aventura,Florida 33180 w 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, Michael Stern, Luz Weinberg, Vice Mayor Howard Weinberg, Mayor 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 Elaine Adler. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. ELECTION OF VICE MAYOR: After motion made by Commissioner Holzberg, seconded by Commissioner Stern, and unanimously passed, Commissioner Joel was elected Vice Mayor for the next 6-month period. 5. SPECIAL PRESENTATIONS: Certificates of Appreciation for fifteen years of service to the City were presented by the City Manager to: Police Officer Robert Fierestat and Community Development Director Joanne Carr. 6. CONSENT AGENDA: There were no requests from the public to address the Commission. A motion to approve the Consent Agenda was offered by Vice Mayor Joel, seconded by Commissioner Holzberg, passed unanimously by roll call vote and the following action was taken: A. The following minutes were approved: March 4, 2014 Commission Meeting March 17, 2014 Workshop Meeting B. The following motion was approved: MOTION TO APPROVE APPROPRIATION OF FUNDS IN THE AMOUNT OF $1,000 FROM THE CITY'S GENERAL FUND FOR THE 2014 ANNUAL SCHOLARSHIP AWARD TO THE ELIGIBLE DR. MICHAEL KROP SENIOR HIGH SCHOOL STUDENT IN ACCORDANCE WITH RESOLUTION 2012-12 C. The following motion was approved: MOTION TO ACCEPT THE CITY MANAGER'S REVIEW OF ORDINANCE NO. 2008-08 TRANSPORTATION MITIGATION IMPACT FEE AS CONTAINED IN THE ATTACHED STAFF REPORT D. Resolution No. 2014-16 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT RENEWAL FOR LANDSCAPE MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY ON BISCAYNE BOULEVARD FROM THE OLETA RIVER BRIDGE NORTH TO THE MIAMI- DADE/BROWARD COUNTY LINE BY AND BETWEEN THE CITY OF AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2014-17 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 F. Resolution No. 2014-18 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SUPPORTING FULL FUNDING OF THE MIAMI- DADE COUNTY LIBRARY SYSTEM AND THE NORTHEAST REGIONAL LIBRARY OF THE COUNTY LIBRARY SYSTEM; PROVIDING FOR DISTRIBUTION OF RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 7. 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 2 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 reviewed the quasi-judicial procedures, Mrs. Soroka administered the oath to all those wishing to offer testimony, and Mr. Wolpin then read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT HEIGHTS THAT EXCEED 4 STORIES OR 50 FEET; CONDITIONAL USE APPROVAL TO PERMIT DRIVEWAY SEPARATIONS WITH LESS THAN 150 FEET OF LANDSCAPED FRONTAGE; AND CONDITIONAL USE APPROVAL TO PERMIT ALLOCATION OF INTERIOR SPACES OTHER THAN THOSE PERMITTED IN SECTION 31-145(d)(8) OF THE CITY CODE, FOR THE PARK SQUARE NEIGHBORHOOD MIXED USE DEVELOPMENT ON THE SOUTH SIDE OF NE 207 STREET BETWEEN NE 29 AVENUE AND NE 30 AVENUE WITHIN THE TC3, TOWN CENTER NEIGHBORHOOD DISTRICT IN THE CITY OF AVENTURA PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR AN EFFECTIVE DATE. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record. Mayor Gottlieb opened the public hearing. The following individual(s) addressed the Commission: Jeffrey Bercow, Esq., 200 S. Biscayne Blvd., Architect Bernard Zyscovich, representing the applicants; Elaine Adler, President, Aventura Marketing Council. There being no further speakers, the public hearing was closed. A motion for approval was offered by Commissioner Cohen, and seconded by Commissioner Stern. The motion for approval passed unanimously by roll call vote and Resolution No. 2014-19 was adopted. 8. ORDINANCES: FIRST READING — PUBLIC INPUT: None. 9. 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. 2013-04 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2013/2014 FISCAL YEAR BY REVISING THE 2013/2014 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. 3 A motion for approval was offered by Commissioner Luz Weinberg and seconded by Vice Mayor 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 and Ordinance No. 2014-06 was enacted. 10.RESOLUTIONS — PUBLIC HEARING: None. 11.REPORTS: As presented. 12.PUBLIC COMMENTS: Trevor Nesse, Dr. Michael Krop Senior High School liaison, 3758 NE 208 Street; 13.OTHER BUSINESS: None. 14.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 7:15 p.m. t • sa M. Soro C, City Clerk Approved by the Commission on May 6, 2014. 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