03-05-2013MINUTES
CITY COMMISSION MEETING
MARCH 5, 2013 6 PM
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 p.m. Present were Commissioners Enbar Cohen, Teri Holzberg, Billy Joel,
Michael Stern, Howard Weinberg, Vice Mayor Luz Urbaez Weinberg, Mayor Susan
Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney
David Wolpin. As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led by Rev. Will Keyser
3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: Certificate of Appreciation for fifteen years of service
to the City was presented by Mr. Soroka to Police Officer Anna Howell.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Joel, seconded by Vice Mayor Luz Weinberg, passed unanimously and
the following action was taken:
A. The following minutes were approved:
February 5, 2013 Commission Meeting
February 21, 2013 Commission Workshop Meeting
B. Resolution No. 2013 -11 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
C. Resolution No. 2013 -12 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED CONTRACT RENEWAL FOR LANDSCAPE
MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT -OF -WAY ON BISCAYNE BOULEVARD
FROM THE OLETA RIVER BRIDGE NORTH TO THE MIAMI-
DADE /BROWARD COUNTY LINE BY AND BETWEEN THE CITY OF
AVENTURA AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
D. The following motion was approved:
MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDED
SEPTEMBER 30 2012 AND THE LETTER DATED FEBRUARY 19, 2013
ATTACHED HERETO AS ATTACHMENT A
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 she requests public comments. An opportunity for persons to speak on each item will be
made available after the applicant and staff have 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.
A. Mr. Wolpin reviewed the quasi-judicial procedures. City Clerk Teresa
M. Soroka administered the oath to all those wishing to offer
testimony in items 6A -B. Mr. Wolpin then read the following
resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE
APPROVAL PURSUANT TO SECTION 31- 144(f)(2)j. OF THE CITY
CODE TO PERMIT A SELF - SERVICE STORAGE FACILITY IN THE
MO (MEDICAL OFFICE) DISTRICT; GRANTING APPROVAL OF
VARIANCE FROM SECTION 31 -144 (f)(4)d.3. OF THE CITY CODE
TO PERMIT 29.7% OPEN SPACE, WHERE A MINIMUM OF 33%
OPEN SPACE IS REQUIRED BY CODE; AND GRANTING
APPROVAL OF VARIANCE FROM SECTION 31- 144(f)(4)c. OF
THE CITY CODE TO PERMIT A 20 FOOT WIDE REAR YARD
SETBACK, WHERE A MINIMUM REAR YARD SETBACK OF 25
FEET IS REQUIRED BY CODE, FOR THE REDEVELOPMENT OF
THE SELF SERVICE STORAGE FACILITY AT 21288 BISCAYNE
BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
Community Development Director Joanne Carr addressed the
Commission and entered the staff report into the record. A motion for
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B.
approval was offered by Commissioner Cohen and seconded by
Commissioner Howard Weinberg. Mayor Gottlieb opened the public
hearing. The following individuals addressed the Commission:
Michael Radell, Esq., Jim Fitzpatrick, Senior Vice President for
Public Storage, and Architect Gustavo Carbonell, representing the
applicant. There being no further speakers, the public hearing was
closed. The motion for approval passed unanimously by roll call vote
and Resolution No. 2013 -13 was adopted.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE
FROM SECTION 31 -145 (b)(5) h. OF THE CITY CODE TO ALLOW
COMMON OPEN SPACE OF 29.35 %, WHERE A MINIMUM 35%
COMMON OPEN SPACE IS REQUIRED BY CODE FOR THE TC1
(TOWN CENTER) DISTRICT; VARIANCE FROM SECTION 31-
171(a)(6)a. OF THE CITY CODE TO ALLOW AN EXISTING 8.4
FOOT AND AN EXISTING 8.5 FOOT WIDE PARKING STALL,
WHERE A MINIMUM PARKING STALL WIDTH OF 9 FEET IS
REQUIRED BY CODE; VARIANCE FROM SECTION 31- 171(a)(7)
OF THE CITY CODE TO ALLOW AN EXISTING 4 FOOT AND 5
FOOT SETBACK TO PARKING PAVEMENT, WHERE A MINIMUM
10 FOOT SETBACK IS REQUIRED BY CODE; VARIANCE OF
SECTION 31- 221(i)(3) a.1. OF THE CITY CODE TO ALLOW AN
EXISTING 5 FOOT WIDE AND AN EXISTING 6 FOOT WIDE
TERMINAL ISLAND, WHERE A MINIMUM TERMINAL ISLAND
WIDTH OF 7 FEET IS REQUIRED BY CODE; VARIANCE FROM
SECTION 31- 221(i)(3)a.2. OF THE CITY CODE TO ALLOW
PARKING ROWS WITH MORE THAN NINE CONTIGUOUS
PARKING SPACES WITHOUT A LANDSCAPED ISLAND, WHERE
A MINIMUM OF ONE 7 FOOT WIDE LANDSCAPED ISLAND FOR
EVERY NINE PARKING SPACES IS REQUIRED BY CODE; AND
VARIANCE FROM SECTION 31- 221(i)(3)a.2 OF THE CITY CODE
TO ALLOW AN EXISTING 0 FOOT WIDE, AN EXISTING 3.9 FOOT
WIDE AND AN EXISTING 4.8 FOOT WIDE DIVIDER MEDIAN,
WHERE A MINIMUM 7 FOOT WIDE DIVIDER MEDIAN IS
REQUIRED BY CODE, FOR THE TOWN CENTER AVENTURA
PLAZA AT 2711 NE 187 STREET, CITY OF AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel and
seconded by Commissioner Stern. Ms. Carr addressed the
Commission and entered the staff report into the record. Mayor
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Gottlieb opened the public hearing. The following individuals
addressed the Commission: Noel Barnett, Bohler Engineering,
Mickey Marrero, Esq., Ken Bernstein, Esq., Turnberry & Associates,
all representing the applicant; Jonathan Evans, 7000 Island Blvd;
Ross Toyne, Esq., and Bettina Arossi of Venture of Aventura West;
Mercedes Gorina, resident of Venture West. There being no further
speakers, the public hearing was closed. The motion for approval
passed unanimously by roll call vote and Resolution No. 2013 -14
was adopted.
7. ORDINANCES: FIRST READING /PUBLIC HEARING:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2012 -13 WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 2012/2013 FISCAL
YEAR BY REVISING THE 2012/2013 FISCAL YEAR OPERATING AND
CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; ESTABLISHING THE COMMITTED FUND BALANCE FOR
HURRICANE /EMERGENCY AND DISASTER RECOVERY OPERATING
RESERVES; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded by
Commissioner Stern. 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.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
APPROVING THE SALE AND PURCHASE AGREEMENT BETWEEN
THE CITY OF AVENTURA AND PRESIDENTIAL AVENTURA
PROPERTIES, LLC FOR THE SALE OF CITY REAL PROPERTY;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SALE AND
PURCHASE AGREEMENT AND TO EXECUTE ANY DOCUMENTS
NECESSARY TO EFFECTUATE THE SALE AND CLOSING OF THE
CITY REAL PROPERTY; PROVIDING FOR IMPLEMENTATION OF
TRANSACTION; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Luz Weinberg and seconded by
Commissioner Joel. Mayor Gottlieb opened the public hearing. The following
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individuals addressed the Commission: Alan Greenfield, Esq. and Roy Lustig,
21200 Point Place. There being no further speakers, the public hearing was
closed. The motion for approval passed unanimously by roll call vote.
8. ORDINANCES: SECOND READING /PUBLIC HEARING: None.
9. RESOLUTIONS — PUBLIC HEARING: None.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: Shera Losos, Marina Cove, Krop Senior High School
liaison; Reverend Will Keyser; Joseph Platnick, Del Prado.
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the
Commission at this time, after motion made, seconded and unanimously passed,
the meeting adjourned at 8 p.m.
er sa M. Soro a, M , City Clerk
Approved by the Commission on April 2, 2013.
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.
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