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10-03-2006 ~ It '.- MINUTES CITY COMMISSION MEETING OCTOBER 3, 2006 Aventura Government Center 19200 W. Country Club Drive Aventura. Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 6:02 p.m. Present were Commissioners Zev Auerbach, Bob Diamond, Harry Holzberg, Billy Joel, Michael Stern, Vice Mayor Luz Urbaez Weinberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Dr. Lipton. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: A motion was offered by Commissioner Diamond, seconded by Commissioner Joel and unanimously passed to address item 10A following item 6. A motion was offered by Commissioner Joel, seconded by Commissioner Auerbach and unanimously passed to address items 9A, 9B and 10B prior to items 7 and 8. 4. ELECTION OF VICE MAYOR: After motion made by Commissioner Joel, seconded by Commissioner Diamond and unanimously passed, Commissioner Holzberg was elected Vice Mayor for the next six-month period. 5. SPECIAL PRESENTATIONS: A Certificate of Service was presented by Mr. Soroka to ten-year employee Deputy Police Chief Steven Steinberg. Mayor Gottlieb and Commissioner Weinberg presented Certificates of Appreciation to members of the Traffic Advisory Board on behalf of the Commission. 6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Joel, seconded by Commissioner Weinberg, unanimously passed and the following action was taken: A. The following minutes were approved: September 6, 2006 Budget Hearing September 12, 2006 Commission Meeting September 20, 2006 Workshop Meeting September 21,2006 Budget Hearing B. Resolution No. 2006.58 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE TRAFFIC STUDY RECOMMENDATIONS FOR IMPLEMENTATION AS OUTLINED HEREIN AND PREPARED BY THE CITY'S TRAFFIC CONSULTANT WITH INPUT FROM THE TRAFFIC ADVISORY BOARD; 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. 2006.59 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE REAPPOINTMENT BY THE COMMISSION OF A MEMBER TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS' RETIREMENT PLAN; AND PROVIDING AN EFFECTIVE DATE. D. Resolution No. 2006-60 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. 10. RESOLUTIONS - PUBLIC HEARING: A. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE ATTACHED VETERANS PARK RECONFIGURATION PLAN FOR INCLUSION AND FUNDING IN THE CITY'S CAPITAL IMPROVEMENT PROGRAM DOCUMENT 2007/08 - 2011/12; ESTABLISHING AN ESTIMATED BUDGET AT $215,000; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mr. Soroka explained a new proposal that would relocate the current dog portion of Veterans Park which is .6 acres to the larger existing Waterways Park which is 1.49 acres and add parking at new site; reconfigure Veterans Park to children's park only and add bathroom facilities which would be open only while a park attendant is on duty; relocate the basketball court from existing Waterways Park to new Waterways Park or Founders Park. A motion to table this item to the November 8, 2006 meeting and consider the new proposal at that time was offered by Commissioner Joel, seconded by Vice Mayor Holzberg and unanimously passed. 2 9. ORDINANCES: SECOND READINGIPUBLlC HEARING: Mr. Wolpin read the titles to items 9A, 9B and 10B. He advised that those items would be heard as one public hearing. He noted that the quasi-judicial procedures would be invoked for item 9 B. 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 item 9B were sworn in by City Clerk Teresa M. Soroka. A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR PROPERTY LOCATED ON NE 207 STREET AT NE 30 AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM BUSINESS AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. B. 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 PARCEL OF LAND LOCATED ON NE 207 STREET AT NE 30 AVENUE AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM B2, COMMUNITY BUSINESS DISTRICT TO RMF3A, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 10. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ABANDONING THAT PORTION OF NE 206 STREET BETWEEN BLOCKS 17 AND 18 ON THE PLAT OF HALLANDALE PARK NO.8, THE 10 FOOT WIDE ALLEYWAYS IN BLOCK 18 AND A PORTION OF THE 10 FOOT WIDE ALLEY ADJACENT TO LOTS 1 & 42 IN BLOCK 17 ON THE PLAT OF HALLANDALE PARK NO.8 AND THAT PORTION OF NE 207 STREET LYING NORTH OF BLOCK 18 ON THE PLAT OF HALLANDALE PARK NO.8 AND LYING 81 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF WATERWAYS BOULEVARD ON THE PLAT OF AVENTURA CORPORATE CENTER; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. A motion for approval of item 9A was offered by Vice Mayor Holzberg and seconded by Commissioner Auerbach. 3 A motion for approval of item 9B was offered by Commissioner Weinberg, and seconded by Commissioner Stern. A motion for approval of item 10B was offered by Commissioner Joel, and seconded by Vice Mayor Holzberg. Planning Director Joanne 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., and Ann Kotter, Esq., Bilzin Sumberg, representing the applicant. Jerry Fox, 20281 Country Club Drive; Dr. George Lipton, 2600 Island Boulevard; Leslie Rosenbloom, Villa Dorado. There being no further speakers, the public hearing was closed. The motion for approval of item 9A passed unanimously by roll call vote and Ordinance No. 2006-14 was enacted. The motion for approval of item 98 passed unanimously by roll call vote and Ordinance No. 2006-15 was enacted. The motion for approval of item 10B passed unanimously and Resolution No. 2006-61 was adopted. 7. ZONING HEARINGS: Mr. Wolpin noted that the quasi-judicial procedures would be invoked for item 7. 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 further noted that as item 8 relates to this matter, it would be addressed at the same public hearing. In the event that item 8 is approved, second reading would be on November 8, 2006 at 6 p.m. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT MULTIFAMILY RESIDENTIAL USES WITH A MAXIMUM OF 35 DWELLING UNITS PER ACRE ON A 13.715 ACRE PARCEL OF LAND IN THE MO, MEDICAL OFFICE DISTRICT, WHERE MULTIFAMILY RESIDENTIAL USES WITH A MAXIMUM DENSITY OF 35 DWELLING UNITS PER ACRE AND WITH A MINIMUM LOT AREA OF TWO ACRES MAY BE PERMITTED BY CODE IN THE MO, MEDICAL OFFICE DISTRICT, AS A CONDITIONAL USES; AND TO PERMIT A USE THAT MEASURES 25 STORIES AND 259 FEET HIGH IN THE MO, MEDICAL OFFICE DISTRICT, WHERE USES THAT EXCEED THE HEIGHT LIMITATION OF 10 STORIES AND 100 FEET MAY BE PERMITTED BY CODE IN THE MO, MEDICAL OFFICE 4 DISTRICT AS A CONDITIONAL USE; AND TO GRANT A FIVE (5) YEAR TIME LIMIT FROM THE DATE OF THIS RESOLUTION IN WHICH TO OBTAIN A BUILDING PERMIT, WHERE THE CODE PROVIDES THAT THE TIME FOR OBTAINING A BUILDING PERMIT IS 12 MONTHS FROM THE DATE OF THE APPROVING RESOLUTION UNLESS OTHERWISE PROVIDED IN THE APPROVAL, ALL FOR A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET BETWEEN BISCAYNE BOULEVARD AND NE 34 AVENUE, CITY OF AVENTURA, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. 8. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN GULFSTREAM PARK RACING ASSOCIATION INC. AS DEVELOPER AND THE CITY OF AVENTURA ATTACHED AS EXHIBIT "A" TO THIS ORDINANCE AND RELATING TO A PARCEL OF LAND CONTAINING 19.550 ACRES OF LAND, MORE OR LESS, ZONED B2, COMMUNITY BUSINESS DISTRICT, LEGALLY DESCRIBED IN EXHIBIT "B" TO THIS ORDINANCE, LOCATED AT THE NORTHEAST CORNER OF NE 213 STREET AND BISCAYNE BOULEVARD, CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of item 7 was offered by Commissioner Joel and seconded by Commissioner Auerbach. A motion for approval of item 8 was offered by Commissioner Weinberg, and seconded by Commissioner Stern. Mayor Gottlieb opened the public hearing. Ms. Carr addressed the Commission and entered the staff report into the record. The following individuals addressed the Commission: Joseph Goldstein, Esq. 701 Brickell Avenue, John Fullerton, Architect, 366 Altiera Avenue, Coral Gables, Andrew Witkin, Landscape Architect, The Point, Chris Hagan, Kimley Horn, Traffic Engineer, representing the applicant; Stuart Wagner, 21150 Point Place; Ivy Ginsburg, 3610 Yacht Club Drive; Jonathan Evans, 7000 Island Boulevard; Laurie Allen, 1000 Building, Williams Island; Frank Hilleman, Director of Development Services, City of Hallandale Beach. There being no further speakers, the public hearing was closed. 5 The motion for approval of item 7 passed 6-1 with Vice Mayor Holzberg voting no, and Resolution No. 2006-62 was adopted. The motion for approval of item 8 passed 6-1 with Vice Mayor Holzberg voting no. 11. REPORTS: As presented. 12. PUBLIC COMMENTS: 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 p, ssed, the meeting adjourned at 8 p.m. Approved by the Commission on Novemb 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. 6