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11-01-2005 A~ . MINUTES CITY COMMISSION MEETING NOVEMBER 1, 2005 Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond, Harry Holzberg, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Billy Joel, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka arld City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Mr. Soroka led the pledge of allegiance. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: At the request of Mr. Soroka, a motion was offered by Commissioner Auerbach, seconded by Commissioner Holzberg and unanimously passed to add to the Consent Agenda a resolution confirming the Declaration of State of Emergency and enactment of curfew issued by the City Manager as a result of Hurricane Wilma. 4. SPECIAL PRESENTATIONS: None. 5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Auerbach, seconded by Commissioner Holzberg, unanimously passed and the following action was taken: A. The minutes of the October 11, 2005 Commission Meeting and October 11,2005 Workshop Meeting were approved. B. Resolution No. 2005-63 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND APPLY FOR THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT AVAILABLE THROUGH THE MIAMI-DADE DEPARTMENT OF HUMAN SERVICES; TO APPLY FOR, RECEIVE, AND EXPEND $7,743.00 IN FEDERAL FUNDS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. C. Resolution No. 2005-64 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA FLORIDA AUTHORIZING THE CITY MANAGER TO PARTICIPATE IN THE APPLICATION OF FUNDS FOR THE TECHNOLOGY ENHANCEMENT PROJECT GRANT AVAILABLE THROUGH THE MIAMI-DADE DEPARTMENT OF HUMAN RESOURCES, AS OUTLINED IN THE ATTACHED CONTRACT; TO FACILITATE THE EXPENDITURE OF APPROXIMATELY $49,625 IN FUNDS; AND AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION, INCLUDING THE EXECUTION OF AGREEMENTS WITH THE PURPOSE OF CREATING THIS PROGRAM IN COOPERATION WITH THE DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE; AND PROVIDING AN EFFECTIVE DATE. D. Resolution No. 2005-65 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-065 FOR PROFESSIONAL DESIGN SERVICES FOR THE HOSPITAL DISTRICT NORTH COLLECTOR CONNECTION AND NE 213TH STREET OUTFALL UPDATE IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE. E. Resolution No. 2005-66 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-064 FOR PROFESSIONAL DESIGN SERVICES FOR AVENTURA BOULEVARD ROAD RESURFACING IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE. F. (Item withdrawn) G. Resolution No. 2005-67 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND CSA SOUTHEAST, INC. FOR BUILDING, ENGINEERING INSPECTION AND PLAN REVIEW PROFESSIONAL CONSULTANT SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT 2 THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. H. Resolution No. 2005-68 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF AVENTURA CODE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. I. Resolution No. 2005-69 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA CONFIRMING THE DECLARATON OF STATE OF EMERGENCY AND ENACTMENT OF CURFEW ISSUED BY THE CITY MANAGER, AS ATTACHED HERETO INCLUDING ALL REVISIONS THEREOF, RELATING TO THE AFTERMATH OF HURRICANE WILMA; AND PROVIDING AN EFFECTIVE DATE. 6. ZONING HEARINGS: Ex-parte 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. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING CONDITION 1) OF THE APPROVAL GRANTED THROUGH RESOLUTION NO. 2003-06 ADOPTED JANUARY 7, 2003 TO MODIFY THE APPROVED PLAN TO PERMIT COMMERCIAL ADVERTISING ON THE SOUTHERN MOST PANEL OF THE REAR (WEST) FACE OF THE SIGN LOCATED AT THE SOUTHWEST CORNER OF BISCAYNE BOULEVARD AND IVES DAIRY ROAD, CITY OF AVENTURA, ON PROPERTY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. 3 -.---.--.--....---......,-.-..-"-..--.----------..-------r-..-.-.--..-'0"_'" .'_____"___ A motion for approval was offered by Commissioner Diamond, and seconded by Vice Mayor Joel. Planning Director Joanne Carr explained the request of the applicant and entered the staff report into the record. Mayor Gottlieb opened the public hearing. The following individual addressed the Commission: John Emer, 1401 Brickell Avenue, Suite 825, Miami, representing Clear Channel. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously and Resolution No. 2005-70 was adopted. 7. ORDINANCES: FIRST READING/PUBLIC INPUT: None. 8. PUBLIC HEARING: ORDINANCES: SECOND READING: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE A DEFINITION OF "GROSS LEASABLE AREA"; AMENDING SECTION 31-144(C) "COMMUNITY BUSINESS (B2) DISTRICT" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO AMEND THE REGULATIONS REGARDING MINIMUM LANDSCAPED OPEN SPACE FOR SHOPPING CENTERS CONSISTING OF MORE THAN 1,000,000 SQUARE FEET DUE TO THE UNIQUE CHARACTERISTICS OF THESE CENTERS; AMENDING SECTION 31-171 "OFF-STREET PARKING AND LOADING STANDARDS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO AMEND THE REGULATIONS FOR PARKING REQUIREMENTS FOR SHOPPING CENTERS CONSISTING OF MORE THAN 1,000,000 SQUARE FEET OF GROSS LEASABLE AREA DUE TO THE UNIQUE AND SPECIAL DEMANDS OF THESE LARGER CENTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Stern 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. 2005- 15 was enacted. B. Mr. Wolpin reinvoked the quasi-judicial procedures for the following hearing and read the ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A 0.51 4 '-~~~---"----r----~~._.'. '"__..._'___.n ACRE PARCEL OF LAND LOCATED ON NE 34 AVENUE AT NORTH COUNTRY CLUB DRIVE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM CF, COMMUNITY FACILITIES DISTRICT TO RS2, RESIDENTIAL SINGLE FAMILY DISTRICT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR TWO PARCELS OF SUBMERGED LAND TOGETHER MEASURING 5.39 ACRES MORE OR LESS LOCATED SOUTH OF NE 207 STREET AND EAST OF NE 34 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT B, FROM RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT TO CNS, CONSERVATION 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 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. 2005- 16 was enacted. 9. RESOLUTIONS - PUBLIC HEARING: A. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE 2005 EVALUATION AND APPRAISAL REPORT OF THE CITY OF AVENTURA COMPREHENSIVE PLAN; PROVIDING FOR TRANSMITTAL OF THE EVALUATION AND APPRAISAL REPORT TO THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL FOR THE PURPOSE OF SUFFICIENCY REVIEW IN ACCORDANCE WITH SECTION 163.3191, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg, and seconded by Commissioner Weinberg. Ms. Carr addressed the Commission and introduced the City's EAR consultants, Jerry Bell, Alex David and Joe Corradino. Mayor Gottlieb opened the public hearing. The following individuals addressed the Commission: Cliff Schulman, Esq., 1221 Brickell Avenue and Jeffrey Bercow, Esq., representing Turnberry Associates and the Aventura Mall. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously and Resolution No. 2005-71 was adopted. B. Mr. Wolpin read the following resolution by title: 5 ^_.........._._..,----------.,..--_.~---_._-_._-....,..------------------_.,.~_.... A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA EXTENDING THE TERM OF A MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE CITY CONCERNING DEVELOPMENT WHICH IS PROPOSED ON PROPERTY LOCATED EAST OF BISCAYNE BOULEVARD WITHIN ANY RESIDENTIAL OR COMMERCIAL ZONING DISTRICTS OF THE CITY; TO EXTEND THE TERM FOR A SIXTY (60) DAY PERIOD FROM DECEMBER 7, 2005 TO FEBRUARY 7, 2006; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Diamond, and seconded by Commissioner Auerbach. Ms. Carr addressed the Commission. Mayor Gottlieb opened the public hearing. The following individuals addressed the Commission: Mr. Schulman. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously and Resolution No. 2005-72 was adopted. 10. PUBLIC COMMENTS: Former Commissioner Jay Beskin, Mystic Point; Former Commissioner Manny Grossman, Coronado. 11. REPORTS: As submitted, including Mr. Soroka's report on Hurricane Wilma. 12.0THER BUSINESS: Mr. Wolpin explained the responsibilities of the members of the Charter Revision Commission. A motion was offered by Vice Mayor Joel, seconded by Commissioner Auerbach and unanimously passed to appoint the following individuals to the Charter Revision Commission: Leonard Brenner, Manny Grossman, Alan Lips, Arthur Berger and Arthur Barr. The time of the November 17, 2005 Workshop Meeting was scheduled at 2:30 p.m. 13. ADJOURNMENT: There being no further business to come efore the Commission at this time, after motion made, seconded an unanimou~ly pa sed, the meeting adjourned at 8 p.m. (:I. o t\ ( esa M. ro~, M Approved by the Commission on January 10, 2 ~ Anyone wishing to appeal any decision made by the City Commission with respect to any maller considered at a meeting or heartng 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. 6 "._'-,.._.'"_.--'_._.....__......,....----_._'-_._~----- -- ~.......----_....__._.- .