02-04-2014The City of
AiTeiiia
MINUTES
CITY COMMISSION
February 4, 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 Mayor Susan
Gottlieb at 6 p.m. Present were Commissioners Enbar Cohen, Teri Holzberg, Billy Joel,
Michael Stern, Luz Weinberg, Vice Mayor Howard Weinberg, Mayor 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 during preceding LPA Hearing.
3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: Mr. Soroka presented Certificates of Appointment to
members of the Arts in Public Places Advisory Board: Sandi -Jo Gordon, Marina
Wecksler, and Benjamin Sens.
5. CONSENT AGENDA: There were no requests from the public to address the
Commission. A motion to approve the Consent Agenda was offered by Vice Mayor
Howard Weinberg, seconded by Commissioner Joel, passed unanimously by roll call
vote and the following action was taken:
A. The following minutes were approved:
January 7, 2014 Commission Meeting
January 16, 2014 Workshop Meeting
B. Resolution No. 2014 -03 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. 13- 11 -22 -2, CITY OF AVENTURA MAINTENANCE AND
REPAIR FOR CITY ROADS, STREETS AND FACILITIES TO JVA
ENGINEERING CONTRACTOR, INC., MAGNA CONSTRUCTION, INC.,
AND WEEKLEY ASPHALT PAVING, INC. AT THE INDIVIDUAL BID
PRICES AS CONTAINED IN EXHIBIT "A" ATTACHED; 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
C. Resolution No. 2014 -04 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2014
LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
D. Resolution No. 2014 -05 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ACCEPTING DONATION OF ART WORK TO
THE CITY; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
PROVIDING FOR EFFECTIVE DATE.
E. The following motion was approved:
MOTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA TO ADOPT THE RECOMMENDATION OF THE CITY OF
AVENTURA ARTS IN PUBLIC PLACES ADVISORY BOARD TO
AUTHORIZE THE COMMISSION OF A PIECE OF ART TO BE
SELECTED AS AN OPEN COMPETITION IN AN AMOUNT UP TO
$30,000 TO BE PLACED IN EITHER THE GOVERNMENT CENTER OR
ARTS AND CULTURAL CENTER.
F. Resolution No. 2014 -06 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.
G. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $14,300
FOR CRIME SCENE STORAGE AND NETWORK VIDEO RECORDER
FROM THE POLICE FORFEITURE FUNDS IN ACCORDANCE WITH
THE CITY MANAGER'S MEMORANDUM
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H. Resolution No. 2014 -07 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE EXTENSION OF THE
GREEN MARKET HELD IN FOUNDERS PARK SOUTH TO MAY 31,
2014; AUTHORIZING THE CITY MANAGER TO ISSUE A SPECIAL
EVENT PERMIT TO WHODUZ, INC., BASED ON THE CONDITIONS
CONTAINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
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, Mrs. Soroka administered the
oath to all those wishing to offer testimony and Mr. Wolpin then read the following
resolution by title:
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING MODIFICATION OF CONDITIONAL
USE APPROVAL GRANTED THROUGH RESOLUTION NO. 2008 -24 TO
PERMIT THE SALES AND SERVICE OF WINE AND CHAMPAGNE AT
THE CAVIAR & MORE KIOSK AND TABLE SEATING AREA IN THE
AVENTURA MALL AT 19501 BISCAYNE BOULEVARD, CITY OF
AVENTURA; MODIFYING CERTAIN CONDITIONS OF RESOLUTION
NO. 2008 -24; DELETING CERTAIN CONDITIONS OF RESOLUTION
NO. 2008 -24; PROVIDING FOR CONDITIONS OF APPROVAL;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg, and seconded by
Vice Mayor Howard Weinberg. Community Development Director Joanne Carr
addressed the Commission and entered the staff report into the record. Mayor
Gottlieb opened the public hearing. The following individual addressed the
Commission: Robert Burroughs. There being no further speakers, the public
hearing was closed. The motion for approval passed unanimously by roll call
vote and Resolution No. 2014 -08 was adopted.
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B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT THE SALE AND SERVICE OF BEER, WINE AND
CHAMPAGNE AT THE PIACERE NEWS & CAFE KIOSK AND TABLE
SEATING AREA IN THE AVENTURA MALL AT 19501 BISCAYNE
BOULEVARD, CITY OF AVENTURA; PROVIDING FOR CONDITIONS
OF APPROVAL; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel, and seconded by
Commissioner Luz Weinberg. Ms. Carr addressed the Commission and entered
the staff report into the record. 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 and Resolution No. 2014 -09 was adopted.
7. ORDINANCES: FIRST READING — PUBLIC INPUT:
A. Mr. Wolpin noted that this hearing incorporates all comments made at the
previous LPA hearing and then read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31 -144 "BUSINESS ZONING DISTRICTS" OF THE CITY'S
LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 31-
144(C)(5)A., COMMUNITY BUSINESS (132) DISTRICT TO ALLOW
INCREASED LOT COVERAGE FOR SHOPPING CENTERS WITH
MORE THAN 1,000,000 SQUARE FEET OF GROSS LEASABLE AREA,
WITH HEIGHT NOT GREATER THAN FIVE STORIES AND THAT
PROVIDE A CENTRALIZED MULTI MODAL TRANSPORTATION
FACILITY WHICH IS ENCLOSED WITHIN A PARKING STRUCTURE
AND WHICH MAY BE USED BY CITY TRANSIT PROVIDERS, COUNTY
TRANSIT PROVIDERS, ANY OTHER GOVERNMENT ENTITIES
REQUESTING USE OF THE FACILITY AND PRIVATE TRANSIT
PROVIDERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval, including the incorporation by reference into this
hearing of all amendments and testimony, written and verbal, relative to
this item given at the preceding Local Planning Agency meeting, was
offered by Commissioner Holzberg and seconded by Commissioner Enbar
Cohen. 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.
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B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING
CHAPTER 1 "GENERAL PROVISIONS" OF THE CITY CODE OF THE
CITY OF AVENTURA BY CREATING SECTION 1 -17, "RETAIL SALE
OF DOGS AND CATS "; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
PENALTY; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded
by Commissioner Luz Weinberg. Mayor Gottlieb opened the public
hearing. The following individuals addressed the Commission: Don
Anthony, 1431 N. Federal Highway, Ft. Lauderdale; and Commissioner
Michelle Lazaro, City of Hallandale Beach. 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: Mr. Wolpin noted that
since item 8B is quasi - judicial, both ordinances would be incorporated into the quasi -
judicial hearing, but voted on separately. Mrs. Soroka administered the oath to all
those wishing to offer testimony in this matter. Mr. Wolpin then read both of 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
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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 8 -A was offered by Commissioner Holzberg, and
seconded by Commissioner Stern. A motion for approval of item 8 -B was offered
by Commissioner Luz Weinberg, and seconded by Vice Mayor Howard
Weinberg. Mayor Gottlieb opened the public hearing. The following individuals
addressed the Commission: Ivy Ginsburg, 3610 Yacht Club Drive; Jeff Bercow,
200 S. Biscayne Blvd., There being no further speakers, the public hearing was
closed. The motion for approval of item 8 -A passed unanimously by roll call vote
and Ordinance No. 2014 -02 was enacted. The motion for approval of item 8 -B
passed unanimously by roll call vote and Ordinance No. 2014 -03 was enacted.
9. RESOLUTIONS — PUBLIC HEARING: None.
10. REPORTS: As presented.
Mr. Wolpin requested the scheduling of attorney /client session for litigation status
update in the Williams Island /Gary Cohen matter. The meeting will be scheduled at
a date in March to be announced in the near future.
11. PUBLIC COMMENTS: Trevor Nesse, Dr. Michael Krop Senior High School liaison,
3758 NE 208 Street; Ms. Ginsburg; Omar Purro, 2012 Lumpkin Street, Hollywood.
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 7:22 p.m.
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�sa M. S roka, MC/ City Clerk
Approved by the Commission on March 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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