01-07-2014The City of
A
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MINUTES
CITY COMMISSION
January 7, 2014 6 p.m.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Vice Mayor
Howard Weinberg at 6 p.m. Present were Commissioners Enbar Cohen, Teri Holzberg,
Billy Joel, Michael Stern, Luz Weinberg (arrived after Item 5), Vice Mayor Howard
Weinberg, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney
David Wolpin. Mayor Susan Gottlieb was absent due to illness. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led by Police Chief Steven Steinberg
3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: Mr. Soroka presented a Certificate of Appreciation to
Police Officer John Campbell for ten years of service to the City.
5. CONSENT AGENDA: There were no requests from the public to address the
Commission. A motion to approve the Consent Agenda was offered by Commissioner
Joel, seconded by Commissioner Holzberg, passed unanimously by roll call vote and
the following action was taken:
A. The following minutes were approved:
November 5, 2013 Commission Meeting
November 14, 2013 Workshop Meeting
B. Resolution No. 2014 -01 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. 2014 -02 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE
ATTACHED CHANGE ORDER FOR BID NO. 13- 04- 05 -02, BY AND
BETWEEN THE CITY AND HORSEPOWER ELECTRIC, INC.;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
D. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $186,000
FOR WEAPONS, FLEET EQUIPMENT AND SECURITY EQUIPMENT
FROM THE POLICE FORFEITURE FUNDS IN ACCORDANCE WITH
THE CITY MANAGER'S MEMORANDUM.
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.
Mr. Wolpin reviewed the quasi - judicial procedures and 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-
143(f)(3)b. OF THE CITY CODE TO ALLOW A BUILDING THAT CREATES A
SHADOW ON ADJACENT PROPERTY, AND VARIANCE FROM SECTION 31-
172(c) OF THE CITY CODE TO ALLOW DRIVEWAY SEPARATIONS OF LESS
THAN 150 FEET OF LANDSCAPED FRONTAGE, AND VARIANCE FROM
SECTION 31- 221(1)(2) OF THE CITY CODE TO ALLOW A 0' WIDE
PERIMETER LANDSCAPE BUFFER ON THE NORTH PROPERTY LIMIT, AND
GRANTING APPROVAL TO MODIFY THE DECLARATION OF
RESTRICTIONS IN LIEU OF UNITY OF TITLE TO ALLOW A MAXIMUM
BUILDING HEIGHT OF 24 STORIES OR 241 FEET 7 INCHES, ALL FOR A
PROPOSED 205 UNIT CONDOMINIUM BUILDING AT THE NORTHWEST
CORNER OF NE 28 COURT AND NE 185 STREET, CITY OF AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
Mrs. Soroka administered the oath to all persons wishing to offer testimony in this
matter. A motion for approval was offered by Commissioner Cohen, and
seconded by Commissioner Joel. Community Development Director Joanne
Carr addressed the Commission and entered the staff report into the record.
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Vice Mayor Weinberg opened the public hearing. The following individual(s)
addressed the Commission: Jeffrey Bercow, Esq., 200 S. Biscayne Blvd.,
Architect Kobi Karp, Traffic Engineer Joaquin Vargas, all representing the
applicant; Jonathan Evans, 7000 Island Blvd; Rob Kettles; William W. Riley,
Esq., Gray Robinson, representing Miami Off Center Associates, LLP; Andrew
Wilson, Aventi; Peter Murphy, Aventura Marina; and Mickey Marrero, Esq., 200
S. Biscayne Blvd. There being no further speakers, the public hearing was
closed.
Commissioner Joel moved to amend the motion to provide that this approval is
granted exclusively to Chateau Aventura LLC, unless subsequently modified by
City Commission approval. Motion died for lack of second.
A motion was offered by Commissioner Luz Weinberg and seconded by Vice
Mayor Weinberg (after passing gavel) to remove condition 4 from the original
motion. The motion passed 4 -2, with Commissioners, Holzberg, Stern, Luz
Weinberg and Vice Mayor Weinberg voting yes, and Commissioners Cohen and
Joel voting no.
A motion to reconsider the original motion was offered by Commissioner Joel,
seconded by Commissioner Holzberg and unanimously approved.
A motion to approve the resolution as presented was offered by Commissioner
Luz Weinberg and seconded by Commissioner Holzberg. The motion died 2 -4,
with Commissioner Weinberg and Vice Mayor Weinberg voting yes and
Commissioners Cohen, Joel, Holzberg and Stern voting no.
A motion to reconsider the matter was offered by Commissioner Joel, seconded
by Commissioner Holzberg and passed, 5 -1, with Commissioner Stern voting no.
A motion to approve the request as presented was offered by Commissioner Joel
and seconded by Commissioner Luz Weinberg. The motion failed 3 -3, with
Commissioners Joel, Luz Weinberg and Vice Mayor Weinberg voting yes, and
Commissioners Cohen, Holzberg and Stern voting no.
A motion to defer this matter to the next meeting where all Commissioners are in
attendance was offered by Commissioner Luz Weinberg and seconded. The
motion died 3 -3, with Commissioners Joel, Luz Weinberg and Vice Mayor
Weinberg voting yes and Commissioners Cohen, Holzberg and Stern voting no.
7. ORDINANCES: FIRST READING — PUBLIC INPUT: Mr. Wolpin advised the
Commission that item 7 -A is legislative and item 7 -B is quasi - judicial. However,
since both items concern the same property, they both will be addressed as quasi-
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judicial, and he reiterated the quasi - judicial procedures as enacted in item 6 above.
He then read the following ordinances by title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR A 3.359 ACRE PARCEL OF
LAND LOCATED ON NE 207 STREET AT NE 30 AVENUE, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS ORDINANCE,
FROM MEDIUM HIGH DENSITY RESIDENTIAL TO TOWN CENTER;
AND AMENDING THE COMPREHENSIVE MASTER PLAN BY
AMENDING THE FUTURE LAND USE MAP DESIGNATION OF A 4.032
ACRE PARCEL OF LAND LOCATED ON NE 207 STREET AT NE 30
AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" TO
THIS ORDINANCE, FROM BUSINESS AND OFFICE TO TOWN
CENTER; 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 7.391 ACRE 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 TC3, TOWN CENTER
NEIGHBORHOOD DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval of item 7 -A, including the incorporation by reference into
this hearing of all amendments and testimony, written and verbal, relative to this
item given at the November 2013 Local Planning Agency meeting, was offered
by Commissioner Holzberg and seconded by Commissioner Cohen. A motion
for approval of item 7 -B including the incorporation by reference into this hearing
of all amendments and testimony, written and verbal, relative to this item given at
the November 2013 Local Planning Agency meeting, was offered by
Commissioner Luz Weinberg and seconded by Commissioner Cohen. Mrs.
Soroka administered the oath to all parties interested in offering testimony
relative to these matters. Mrs. Carr addressed the Commission and entered the
staff reports into the record. Vice Mayor Weinberg opened the public hearing.
The following individuals addressed the Commission: Jeffrey Bercow, Esq.,
Architect Bernard Zascovich, representing the applicant; Amy Huber, Esq.,
Shubin and Bass, representing the Aventura Turnberry Jewish Center; Anita
Silver, 20341 NE 30 Avenue Villa Dorada; and Bob Burroughs.
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There being no further speakers, the public hearing was closed. The motions for
approval of items 7 -A and 7 -B passed unanimously by separate roll call votes.
8. ORDINANCES: SECOND READING /PUBLIC HEARING: 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; 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 Joel, and seconded by
Commissioner Cohen. Vice Mayor Weinberg opened the public hearing. There
being no speakers, the public hearing was closed. The motion for approval
passed unanimously and Ordinance No. 2014 -01 was enacted.
9. RESOLUTIONS — PUBLIC HEARING: None.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: Jeffrey Bercow, Esq
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 8:52 p.m.
10.40_'go
T r sa M. Sor I , M9 C, City Clerk
Approved by the Commission on February 4, 2014.
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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