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11-01-2005 City Con1n1iRRion Susan Gottlieb, Mayor A~e City of rl..Ventura -Q '. ji ' City Manager Eric M. Soroka, ICMA-CM Zev Auerbach Bob Diamond Billy Joel Harry Holzberg Michael Stern Luz Urbaez Weinberg City Gcrk Teresa M. Soroka, MMC City Attomcv Weiss Serota Helfman Pastoriza Cole & Boniske AGENDA NOVEMBER 1, 2005 · 6 PM Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALLTOORDER~OLLCALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: None. 5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: October 11, 2005 Commission Meeting October 11,2005 Workshop Meeting Action taken: Approved B. 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. Action taken: Adopted as Resolution No. 2005-63 C. 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 Novaubc:r 1, 2005 CcInmissicII Meeting 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 CmEFS OF POLICE; AND PROVIDING AN EFFECTIVE DATE. Action taken: Adopted as Resolution No. 2005-64 D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, 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 A VENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE. Action taken: Adopted as Resolution No. 2005-65 E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-064 FOR PROFESSIONAL DESIGN SERVICES FOR A VENTURA BOULEVARD ROAD RESURFACING IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF A VENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE. Action taken: Adopted as Resolution No. 2005-66 F. ITEM WITHDRAWN G. 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 2 Novaubc:r 1, 2005 CclnmissicllMeeting OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Action taken: Adopted as Resolution No. 2005-67 H. 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. Action taken: Adopted as Resolution No. 2005-68 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, 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. Action taken: Adopted as Resolution No. 2005-69 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 he requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staffhave made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affinnation. 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. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA MODIFYING CONDITION 1) OF THE APPROV AL 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 A VENTURA, ON PROPERTY 3 Novaubc:r 1, 200S CcInmiIsim Meeting DESCRIBED IN EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. Action taken: Adopted as Resolution No. 2005-70 7. ORDINANCES: FIRST READING/PUBLIC INPUT: None. 8. PUBLIC HEARING: ORDINANCES: SECOND READING: A. AN ORDINANCE OF THE CITY OF A VENTURA, 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. Action taken: Enacted as Ordinance No. 2005-15 QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following item on the Commission's agenda is quasi-judicial in nature. If you wish to object or comment upon this item, 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 staffhave 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. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A 0.51 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 A VENTURA BY AMENDING 4 Novaubc:r 1, 200S CclnmissicllMeeting 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. Action taken: Enacted as Ordinance No. 2005-16 9. RESOLUTIONS - PUBLIC HEARING: A. A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE 2005 EVALUATION AND APPRAISAL REPORT OF THE CITY OF A VENTURA 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. Action taken: Adopted as Resolution No. 2005-71 B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA EXTENDING THE TERM OF A MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITmN 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. Action taken: Adopted as Resolution No. 2005-72 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: MOTION TO APPOINT INDIVIDUALS TO SERVE ON THE CHARTER REVISION COMMISSION EFFECTIVE NOVEMBER 1, 2005 5 Nowanbrt 1, 2005 Coounissim Meeting Action taken: Leonard Brenner, Manny Grossman, Alan Lips, Arthur Berger and Arthur Barr selected to serve on Charter Revision Commission 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGSIEVENTS COMMISSION WORKSHOP NOVEMBER 17,2005 2:30 p.m. This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such 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. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Govermnent Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466- 8901. 6