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November 1, 2016 Regular Meeting Minutes The Cis of' CITY COMMISSION 7 i REGULAR MEETING MINUTES Aventura Government Center Avent1raNOVEMBER 1, 2016 19200 W.Country Club Drive FOLLOWING THE LOCAL PLANNING Aventura. Florida 33180 _ AGENCY MEETING AT 6:00 P.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:26 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Denise Landman, Commissioner Teri Holzberg, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Eric M. Soroka, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was previously done at the Local Planning Agency Meeting. 3. ELECTION OF VICE MAYOR: After nomination by Commissioner Shelley, seconded by Commissioner Landman, and unanimously approved, Commissioner Marc Narotsky was elected Vice Mayor, for the next six-month period. 4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 5. SPECIAL PRESENTATIONS: • The Florida Police Chiefs Association Lifesaving Award Presented to Aventura Police Sergeant Robert Myers: Chief Steven Steinberg introduced the following: Bay Harbor Islands Police Chief Sean Hemingway (FPCA District #4 Director), Miami Shores Police Chief Kevin Lystad (FPCA 1st Vice President), and Aventura Major Skip Washa (FPCA Awards Committee Member), who presented Sergeant Robert Myers with the Lifesaving Award, on behalf of the Florida Police Chiefs Association (FPCA). • Employee Service Awards: Mr. Soroka presented Lanorris Miller (Community Services Department - 15 years), Julio Garcia (Facilities Manager - 10 years), and Police Chief Steven Steinberg (Police Department - 20 years), with recognition certificates and a token of appreciation for the completion of milestone years of service with the City. • Recognizing the Service of City Commissioner Teri Holzberq: Mayor Weisman and the Commission presented Commissioner Teri Holzberg with a key to the City and a token of appreciation, in recognition of over nine years of service on the City Commission and expressed their gratitude. Susan Gottlieb (former Mayor) and Michael Stern (former Commissioner) also provided comments. Commissioner Holzberg reviewed highlights of her time on the Commission and expressed her appreciation to fellow Commission Members and staff. 6. CONSENT AGENDA: There were no requests from the public to address the Commission. Aventura City Commission Meeting Minutes November 1, 2016 A motion to approve the items on the Consent Agenda was offered by Commissioner Shelley, seconded by Commissioner Landman, and passed unanimously by roll call vote. The following action was taken: A. Minutes were approved as follows: • October 10, 2016 Commission Regular Meeting • October 20, 2016 Commission Workshop Meeting B. Resolution No. 2016-64 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 FOR AN EFFECTIVE DATE. C. Motion was approved as follows: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $44,500 FOR BUILDOUT OF FLEET BAY/STORAGE ROOM AND CRIME PREVENTION SCHOLARSHIPS FROM THE POLICE FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. 7. ORDINANCES - FIRST READING — PUBLIC HEARING: Mr. Wolpin read the following ordinance by title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31-144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 31-144(C)(5)A., COMMUNITY BUSINESS (B2) DISTRICT TO ALLOW INCREASED LOT COVERAGE FOR SHOPPING CENTERS WITH MORE THAN 1,000,000 SQUARE FEET OF GROSS LEASABLE AREA, WITH HEIGHT NOT GREATER THAN FIVE STORIES AND THAT ENTER INTO AN AGREEMENT WITH THE CITY TO PROVIDE MAJOR TRANSPORTATION IMPROVEMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Mr. Wolpin noted that the staff report and any comments provided at the Local Planning Agency for the item would be included by reference. A motion to recommend adoption of the Ordinance on first reading was offered by Commissioner Holzberg and seconded by Commissioner Shelley. Mayor Weisman opened the public hearing. There being no comments, Mayor Weisman closed the public hearing. Page 2 of 7 Aventura City Commission Meeting Minutes November 1, 2016 The motion to approve the Ordinance on first reading was unanimously passed, by roll call vote. Mr. Wolpin read the following ordinance by title: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31-144 "BUSINESS ZONING DISTRICTS" OF ARTICLE VII "USE REGULATIONS" OF CHAPTER 31 "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE, BY AMENDING SECTION 31-144(1) "MEDICAL OFFICE (MO) DISTRICT" OF THE CITY'S LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 31-144(0(1), "USES PERMITTED", BY AMENDING SECTION 31-144(0(2), "CONDITIONAL USE" AND BY AMENDING SECTION 31- 144(0(3), "USES PROHIBITED"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Mr. Wolpin noted that the staff report and any comments provided at the Local Planning Agency for the item would be included by reference. A motion to recommend adoption of the Ordinance on first reading was offered by Commissioner Shelley and seconded by Vice Mayor Narotsky. Mayor Weisman opened the public hearing. There being no comments, Mayor Weisman closed the public hearing. The motion to approve the Ordinance on first reading passed (6-1), by roll call vote, with Commissioner Landman voting no. Mr. Wolpin read the following ordinance by title: C. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2015-09 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2015/2016 FISCAL YEAR BY REVISING THE 2015/2016 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; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to recommend adoption of the Ordinance on first reading was offered by Commissioner Shelley and seconded by Vice Mayor Narotsky. Mr. Soroka explained the Ordinance. Mayor Weisman opened the public hearing. There being no comments, Mayor Weisman closed the public hearing. The motion to approve the Ordinance on first reading was unanimously passed, by roll call vote. Page 3 of 7 Aventura City Commission Meeting Minutes November 1, 2016 8. ORDINANCES - SECOND READING/PUBLIC HEARING: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31-144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 31-144(c)(2) AND SECTION 31-144(c)(5)b., COMMUNITY BUSINESS (B2) DISTRICT, TO ADD A CONDITIONAL USE FOR AUTOMOBILE PARKING GARAGES IN THE COMMUNITY BUSINESS (B2) DISTRICT WHEN LOCATED DIRECTLY ADJACENT TO AN AUTOMOBILE PARKING GARAGE LOCATED IN A MULTIFAMILY RESIDENTIAL ZONING DISTRICT AND TO CLARIFY THE HEIGHT RESTRICTION IN THE B2 DISTRICT SITE DEVELOPMENT STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion to recommend adoption of the Ordinance on second and final reading was offered by Commissioner Holzberg and seconded by Commissioner Landman. Mayor Weisman opened the public hearing. The following provided comments: Stanley Price, Esq. (Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, Suite 2300, Miami). There being no additional comments, Mayor Weisman closed the public hearing. The motion to approve the Ordinance on second reading was unanimously passed, by roll call vote, and Ordinance No. 2016-14 was adopted. 9. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: Proceeding a request by Mr. Soroka, a motion to consider item 9D out of order was offered by Commissioner Dr. Marks, seconded by Vice Mayor Narotsky, and unanimously passed by roll call vote. Mr. Wolpin incorporated the quasi-judicial procedure provisions into the record. Mrs. Horvath administered the oath to all those wishing to offer testimony on the items. Mr. Wolpin read the following Resolution by title: D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(C)(2)n. OF THE CITY CODE TO ALLOW AN AUTOMOBILE PARKING GARAGE ON A LOT LOCATED IN THE COMMUNITY BUSINESS (B2) DISTRICT THAT IS DIRECTLY ADJACENT TO AN AUTOMOBILE PARKING GARAGE IN A MULTIFAMILY RESIDENTIAL ZONING DISTRICT AND THAT DOES NOT MEET THE HEIGHT AND DISTANCE REQUIREMENTS OF SECTION 31-144(c)(5)b. OF THE CITY CODE, FOR AN OFFICE AND RETAIL DEVELOPMENT AT 2777 NE 185 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. Page 4 of 7 Aventura City Commission Meeting Minutes November 1, 2016 A motion to approve the Resolution was offered by Commissioner Shelley and seconded by Commissioner Holzberg. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record for the item, which recommended approval, subject to the conditions as outlined in Section 3 of the Resolution. Stanley Price, Esq. (Bilzin Sumberg Baena Price & Axelrod LLP 1450 Brickell Avenue, Suite 2300, Miami) provided testimony on behalf of the Applicant. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion to approve the Resolution was unanimously passed, by roll call vote, and Resolution No. 2016-68 was adopted. It was the consensus of the Commission to consider item 9C out of order. Mr. Wolpin read the following Resolution by title: C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW LOT COVERAGE OF 55.55% WHERE MAXIMUM LOT COVERAGE OF 40% IS PERMITTED BY CODE AND TO ALLOW FLOOR AREA RATIO OF 2.0 WHERE MAXIMUM FLOOR AREA RATIO OF 1.50 IS PERMITTED BY CODE; GRANTING VARIANCE APPROVAL TO ALLOW A LOT SIZE OF 1.36 ACRES FOR DEVELOPMENT IN THE MEDICAL OFFICE (MO) DISTRICT WHERE A MINIMUM LOT SIZE OF 1.5 ACRES IS REQUIRED BY CODE, ALL FOR AN OFFICE/HOTEL BUILDING TO BE CONSTRUCTED PURSUANT TO THE CITY'S GREEN BULDING PROGRAM, LOCATED AT 2851 NE 213 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution was offered by Commissioner Shelley and seconded by Commissioner Holzberg. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record for the item, which recommended approval, subject to the conditions as outlined in Section 3 of the Resolution. Michael Marrero, Esq. (Bercow Radell & Fernandez, 200 S. Biscayne Blvd. Suite 850, Miami) provided testimony on behalf of the Applicant Mayor Weisman opened the public hearing. The following provided comments, after being sworn in: Ellen Elias (21224 Harbor Way). There being no additional speakers, the public hearing was closed. Page 5 of 7 Aventura City Commission Meeting Minutes November 1, 2016 The motion to approve the Resolution was unanimously passed, by roll call vote, and Resolution No. 2016-67 was adopted. Mr. Wolpin read the following Resolution by title: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR THE BAGEL COVE RESTAURANT ON PROPERTY LOCATED AT 19001 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution was offered by Commissioner Holzberg and seconded by Commissioner Landman. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record for the item, which recommended approval, subject to the conditions as outlined in Section 1 of the Resolution. No testimony was provided on behalf of the Applicant Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion to approve the Resolution was unanimously passed (6-0) by roll call vote, with Commissioner Shelley absent, and Resolution No. 2016-65 was adopted. Mr. Wolpin read the following Resolution by title: B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING THE APPROVALS GRANTED THROUGH RESOLUTION NO. 99-39 AS MODIFIED BY RESOLUTION NO. 2001-01 AND RESOLUTION NO. 2002-30 BY DELETING CONDITION NUMBER "7" IN RESOLUTION NO. 99-39 REQUIRING CONSTRUCTION OF 20 PARKING SPACES IN THE FLORIDA EAST COAST RAILWAY RIGHT OF WAY ON EAST DIXIE HIGHWAY, FOR PROPERTY LOCATED AT 20601 EAST DIXIE HIGHWAY, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution was offered by Commissioner Holzberg and seconded by Vice Mayor Narotsky. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record for the item, which recommended approval. Mark Goldstein, Esq. (1380 N.E. Miami Gardens Drive #205, Miami) provided testimony on behalf of the Applicant. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. Page 6 of 7 Aventura City Commission Meeting Minutes November 1, 2016 The motion to approve the Resolution was unanimously passed (6-0) by roll call vote, with Commissioner Shelley absent, and Resolution No. 2016-66 was adopted. 10. RESOLUTIONS — PUBLIC HEARING: None. 11. REPORTS: Vice Mayor Narotsky reported on the upcoming Peace Park opening ceremony on November 7th and the Veteran's Day ceremony on November 11th Mayor Weisman reported on the attendance of over 3,000 people at the City's Halloween Harvest event and the upcoming movie night on November 19th Mr. Soroka reported on the City achieving the Silver Designation for Florida Green Local Government, from the Florida Green Building Coalition, and recognized staff efforts and the Commission's support. Mayor Weisman announced the upcoming Commission Inauguration Ceremony, to be held on November 10th at 7 p.m. 12. PUBLIC COMMENTS: The following provided comments: Gladys Mezrahi (21150 Point Place), Ellen Elias (21224 Harbor Way), and Robert Burroughs. 13. OTHER BUSINESS: None. 14. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Vice Mayor Narotsky, seconded by Commissioner Holzberg, and unanimously approved; thus adjourning the meeting at 7:44 p.m. N FL O I,t1 Ellisa L. Horvath, alir ity Clerk Approved by the Commission on January 10, 2017. Page 7 of 7