09-07-2004
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MINUTES
CITY COMMISSION MEETING
SEPTEMBER 7, 20046 p.m.
Aventure Government Center
19200 W. Country Club Drive
Avenlura. Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners lev Auerbach, Jay R. Beskin,
Ken Cohen, Manny Grossman, Harry Holzberg, Vice Mayor Bob Diamond, Mayor
Perlow, 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: Michael Snyder, Esq. led the pledge of allegiance.
5. SPECIAL PRESENTATION: (Taken out of order at this time.) North Miami Beach
Deputy Police Chief Linda Loizzo expressed appreciation to the City of Aventura's
Police Chief and employees for their assistance in the injury and passing of City of
North Miami Beach Police Sg!. Orestes "Oreo" Lorenzo.
3. 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.
A.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ABANDONING THAT PORTION OF NE 29
COURT LYING NORTH OF NE 214 TERRACE, AS RESERVED ON THE
PLAT OF HALLANDALE PARK, PLAT BOOK 12, PAGE 37 OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; AND
GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-
144(1)(4)8. OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW DEVELOPMENT OF A PARCEL MEASURING 0.981 ACRES IN
SIZE IN THE MEDICAL OFFICE (MO) DISTRICT, WHERE A MINIMUM
LOT SIZE OF 1.5 ACRES IS REQUIRED BY CODE FOR PROPERTY
LOCATED AT 21420 BISCAYNE BOULEVARD, CITY OF AVENTURA,
FLORIDA; PROVIDING FOR RECORDATION; PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Diamond and seconded by
Commissioner Auerbach. Joanne Carr, Planning Director, explained the request
and entered the staff report into the record. Mayor Perlow opened the public
hearing. The following individuals addressed the Commission: Michael Snyder,
Esq., representing the applicant; David Pearl, Esq., representing the Aventura
Hospital and Medical Center. (Mayor Perlow noted his conflict of interest as he
serves on the Hospital Board and left the meeting at this time). Roy Lustig, 2600
Douglas Road; Jackie Tako, Keystone Island Drive, North Miami; Fran Ricca,
1615 NE 174th Street, North Miami Beach; Sherry Superfine, 21150 NE 38th
Avenue, The Point; Eric Kane, The Point; Leonard Hochstein, Miami Beach.
There being no further speakers, the public hearing was closed. A motion to
approve abandoning that portion of NE 29 Court lying north of NE 214 Terrace,
as referenced in the Resolution, was offered by Commissioner Cohen, seconded
by Commissioner Grossman and passed 5-1, with Commissioner Holzberg
voting no and Mayor Perlow out of the room. A motion granting approval of the
variance as set forth in the Resolution was offered by Commissioner Beskin,
seconded by Commissioner Cohen and passed 5-1, with Commissioner
Holzberg voting no and Mayor Perlow out of the room. A motion to approve the
Resolution as amended, and to further amend the third Whereas clause to read
as follows: Whereas, the Applicant has proffered to the City the sum of
$53,500.00 as an impact offset for the abandonment of such right of way and the
City Commission has determined that the City Manager shall determine the
specific level of mitigation to be paid by Applicant for the City's loss of the
potential landscape corridor area, after negotiation with the Applicant; and was
offered by Commissioner Grossman, seconded by Commissioner Beskin,
unanimously passed, 6-0, with Mayor Perlow out of the room and Resolution
No. 2004-42 was adopted.
Mayor Perlow returned to the meeting at this time.
4. AGENDA: Request for Deletions/Emergency Additions: Mr. Soroka noted the
removal of item 6-H.
6. CONSENT AGENDA: Commissioner Beskin requested removal of item 6-F and
Commissioner Cohen requested removal of item 6-1 from the Consent Agenda. A
motion to approve the Consent Agenda was offered by Commissioner Cohen,
seconded by Vice Mayor Diamond, unanimously passed and the following action
was taken:
A.
The minutes of the July 6, 2004 Commission Meeting, July 22, 2004
Special Meeting, July 22, 2004 Budget Review Meeting, July 22, 2004
Workshop Meeting and August 24, 2004 Special Meeting were approved.
B.
Resolution No. 2004-43 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
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C.
AVENTURA AND INDIAN CREEK VILLAGE FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. 2004-44 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 04-08-10-2, YACHT CLUB WAY BEAUTIFICATION
IMPROVEMENTS, TO TRINTEC CONSTRUCTION, INC. AT THE BID
PRICE OF $378,631.77; AUTHORIZING THE CITY MANAGER TO
EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID
AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
D.
Resolution No. 2004-45 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE FOR THE
CITY OF AVENTURA TO DESIGNATE A PORTION OF CITY OWNED
PROPERTY ABUTTING THE WEST SIDE OF BISCAYNE BOULEVARD
AT THE NE 213TH STREET INTERSECTION FOR DRAINAGE
EASEMENT DEDICATION ALLOWING PERPETUAL RIGHTS TO THE
CITY FOR ACCESS AND MAINTENANCE OF THAT PORTION OF THE
PROPOSED HOSPITAL DISTRICT NORTH COLLECTOR SYSTEM;
AUTHORIZING THE CITY MANAGER TO OBTAIN AND EXECUTE
INSTRUMENTS CONCERNING DEDICATION; AUTHORIZING
ACCEPTANCE OF DEDICATION; PROVIDING FOR AN EFFECTIVE
DATE.
E.
Resolution No. 2004-46 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. 01-0103-047
FOR PROFESSIONAL DESIGN SERVICES FOR THE NE 185TH
STREET CONNECTOR IMPROVEMENTS PROJECT BY AND
BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND
ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE.
G.
The following motion was approved:
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J.
MOTION TO REJECT SOLE BID TENDERED FOR BID NO. 04-08-16-2,
ILLUMINATED STREET NAME SIGN IMPROVEMENTS, AND
AUTHORIZE CITY MANAGER TO NEGOTIATE WITH SOLE BIDDER.
H.
The following motion was removed from the agenda.
MOTION APPROVING REQUEST OF MERCO GROUP AT AVENTURA
LANDINGS I, II AND III INC. FOR EXTENSION OF THE APPROVALS
GRANTED THROUGH RESOLUTION NO. 2003-64 FOR AN
ADDITIONAL SIX (6) MONTH PERIOD FROM SEPTEMBER 2, 2004 TO
MARCH 2, 2005.
The following motion was approved:
MOTION TO ACCEPT RECOMMENDATION OF COMMUNITY
SERVICES ADVISORY BOARD AND CITY MANAGER FOR
FOUNDER'S DAY PROGRAM IN ACCORDANCE WITH CITY
MANAGER'S MEMORANDUM DATED AUGUST 27, 2004.
K.
Resolution No. 2004-47 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 04-8-30-2, PUBLIC WORKS AND LANDSCAPE
MAINTENANCE SERVICES TO LUKE'S LANDSCAPING AT THE BID
PRICE OF $1,333,795.00; AUTHORIZING THE CITY MANAGER TO
EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID
AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
The following items were removed from the Consent Agenda and
addressed separately:
F.
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $145,000
FOR THE E911 CONSULTANT AND STUDY, SHELVING AND
CABINETS FOR DIVE TEAM, CRIME PREVENTION AND BREAK
ROOM, TACTICAL CARBINES AND CONSTRUCTION OF
EMERGENCY EGRESS LANE ALONG THE NORTH BOUNDARY OF
GOVERNMENT CENTER FROM THE POLICE FORFEITURE FUND IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM.
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After addressing Commissioner Beskin's concerns, a motion for approval
was offered by Commissioner Cohen, seconded by Commissioner
Diamond and unanimously passed.
I.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA REQUESTING THE FLORIDA DEPARTMENT
OF TRANSPORTATION AND MIAMI-DADE COUNTY PUBLIC WORKS
DEPARTMENT TO IMPLEMENT A "DON'T CROSS THE LINE"
PROGRAM AT THE INTERSECTIONS OF BISCAYNE BOULEVARD
AND MIAMI GARDENS DRIVE AND BISCAYNE BOULEVARD AND
WILLIAMS ISLAND ROAD IN ORDER TO ELIMINATE MOTORISTS
FROM BLOCKING INTERSECTIONS; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Auerbach, seconded
by Vice Mayor Diamond and adopted as Resolution No. 2004-48.
Item 3 resumed at this time. Mayor Perlow left the room.
3-B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE
FROM SECTION 31-238(e)(4) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW A WALL AND FENCE TOTALING TWELVE
FEET IN HEIGHT FOR THE MEDICAL GAS ENCLOSURE AT THE
AVENTURA HOSPITAL CENTRAL ENERGY PLAN SITE, WHERE A
MAXIMUM TEN FOOT HIGH WALL AND FENCE IS PERMITTED BY
CODE, FOR PROPERTY LOCATED AT 21100 NE 28 AVENUE, CITY
OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Grossman and seconded by
Commissioner Cohen. Ms. Carr explained the request and entered the staff
report into the record. Vice Mayor Diamond opened the public hearing. The
following individual addressed the Commission: Cliff Schulman, Esq.,
representing the applicant. There being no further speakers, the public hearing
was closed. The motion for approval passed unanimously (6-0 with Mayor
Perlow out of the room) and Resolution No. 2004-49 was adopted.
C.
Mr. Wolpin read the following resolution by title:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR MIAMI
BEACH HEALTH CARE LTD O/A AVENTURA HOSPITAL AND
MEDICAL CENTER LOCATED AT 20900 BISCAYNE BOULEVARD,
TO PERMIT A WALL SIGN ON THE NORTH BUILDING ELEVATION
MEASURING 185 SQUARE FEET, WHERE A WALL SIGN
MEASURING 171 SQUARE FEET IS PERMITTED BY CODE AND TO
PERMIT A WALL SIGN ON THE SOUTH BUILDING ELEVATION
MEASURING 276 SQUARE FEET WHERE A WALL SIGN MEASURING
196 SQUARE FEET IS PERMITTED BY CODE; PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded by
Commissioner Auerbach. Ms. Carr explained the request and entered the staff
report into the record. Vice Mayor Diamond opened the public hearing. The
following individual addressed the Commission: Mr. Schulman. There being no
further speakers, the public hearing was closed. The motion for approval passed
unanimously and Resolution No. 2004-50 was adopted.
Mayor Perlow returned to the room at this time.
D.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE
FROM SECTION 31-144(e)(4)d.1. OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW A NORTH STREET
SIDEYARD SETBACK OF 14.75 FEET, WHERE A MINIMUM 15 FOOT
SETBACK IS REQUIRED BY CODE; A VARIANCE FROM SECTION 31-
171(a)(6)a. OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW A MINIMUM 7.5 FOOT WIDE AND A MINIMUM 16 FOOT LONG
SIZE OF PARKING STALL IN THE EXISTING TWO-STORY PARKING
STRUCTURES, WHERE A MINIMUM PARKING STALL SIZE OF 9
FEET WIDE BY 18 FOOT LONG IS REQUIRED BY CODE; A
VARIANCE FROM SECTION 31-171 (a)(6)d. OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW A MINIMUM 22 FOOT
WIDE DRIVE AISLE BETWEEN THE TWO EXISTING OFFICE
BUILDINGS, A MINIMUM 20 FOOT WIDE ENTRY/EXIT DRIVE AISLE
TO THE EXISTING NORTH PARKING GARAGE FROM NE 209
STREET AND A MINIMUM 23 FOOT WIDE ENTRY/EXIT DRIVE AISLE
TO THE EXISTING SOUTH PARKING GARAGE FROM NE 207
STREET WHERE AS MINIMUM 24 FOOT WIDE DRIVE AISLE IS
REQUIRED BY CODE; AND A VARIANCE FROM SECTION 31-
144(e)(4)c.1. OF THE CITY'S LAND DEVELOPMENT REGULATIONS
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TO ALLOW A PARKING STRUCTURE THAT IS NOT INCORPORATED
INTO THE BUILDING ENVELOPE FOR THE TWO EXISTING TWO-
STORY PARKING STRUCTURES, WHERE THE CODE REQUIRES
THAT ANY STRUCTURED PARKING SERVING THE PRIMARY USE
ON THE SITE SHALL BE INCORPORATED INTO THE BUILDING
ENVELOPE; FOR PROPERTY LOCATED AT 20801 AND 20803
BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Diamond and seconded by
Commissioner Auerbach. Ms. Carr explained the request and entered the staff
report into the record. Mayor Perlow opened the public hearing. The following
individual addressed the Commission: Mr. Schulman. There being no further
speakers, the public hearing was closed. The motion for approval passed
unanimously and Resolution No. 2004-51 was adopted.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
Mayor Perlow left the room at this time.
A.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, TO AMEND
SECTION 31-143(e) "MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
DISTRICTS (RMF3A)" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS AND TO AMEND SECTION 31-143(g) "MULTIFAMILY
MEDIUM DENSITY RESIDENTIAL DISTRICT (RMF3B)" OF THE CITY'S
LAND DEVELOPMENT REGULATIONS BY DELETING THE
REQUIREMENT OF MEDITERRANEAN DESIGN FEATURES AND BY
DELETING THE PROVISION FOR CONDITIONAL USE APPROVAL OF
ARCHITECTURAL STYLES OTHER THAN MEDITERRANEAN DESIGN
FOR PROPERTIES IN THE RMF3A AND RMF3B ZONING DISTRICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded
by Commissioner Beskin. Vice Mayor Diamond opened the public
hearing. There being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote.
Mayor Perlow returned to the room at this time.
B.
Mr. Wolpin read the following ordinance by title:
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AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
EXHIBIT "B" TO AN APPROVED DEVELOPMENT AGREEMENT
DATED SEPTEMBER 2, 2003 MADE BETWEEN MERCO GROUP AT
AVENTURA LANDINGS I, II AND III, INC. AND THE CITY OF
AVENTURA REGARDING THE CONDOMINIUM PARCEL NORTH OF
PROPOSED NE 185 STREET AND WEST OF NE 28 COURT FOR
PROPERTY LOCATED ON NE 28 COURT AND NE 185 STREET, CITY
OF AVENTURA, TO CHANGE THE PROPOSED MAXIMUM NUMBER
OF STORIES OF THE CONDOMINIUM FROM 18 STORIES TO 19
STORIES AND TO CHANGE THE PROPOSED MAXIMUM HEIGHT OF
THE CONDOMINIUM FROM 186'6" TO 183'8"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded
by Commissioner Grossman. Mayor Perlow opened the public hearing.
The following individual addressed the Commission: Mike Radell, Esq.,
Bercow & Radell. There being no further speakers, the public hearing was
closed. An amendment was offered by Mayor Perlow and seconded by
Commissioner Grossman to amend the ordinance to delete reference to
changing the proposed maximum height of the condominium from 186'6"
to 183'8". The amendment passed 6-1, with Commissioner Beskin voting
no. The motion for approval, as amended, passed unanimously by roll call
vote.
8. PUBLIC HEARING: ORDINANCES - SECOND READING: None.
9. RESOLUTIONS: None.
10.0THER BUSINESS: None.
11.PUBLIC COMMENTS: The following individual addressed the Commission: Ron
Ruiz, 5077 NW ih Street.
12. REPORTS. As submitted.
Anyone wishing to appeal any decision made by the City Commission with~spect to any atter co sidered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verb' cord of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
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