11-03-2015 CITY COMMISSION
The City Of
REGULAR MEETING MINUTES Aventura Government Center
Aventura NOVEMBER 3, 2015 19200 W Country Club Drive
Aventura, Florida 33180
6:00 P.M.
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Vice Mayor
Enbar Cohen at 6:00 p.m. The roll was called and the following were present: Vice
Mayor Enbar Cohen, Commissioner Teri Holzberg, Commissioner Denise Landman,
Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard
Weinberg, City Manager Eric M. Soroka, City Clerk Ellisa L. Horvath, and City Attorney
David M. Wolpin. Mayor Weisman was absent. As a quorum was determined to be
present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Police Chief Steven
Steinberg.
3. ELECTION OF VICE MAYOR: After nomination by Commissioner Holzberg,
seconded by Commissioner Narotsky, and unanimously approved by roll call vote, with
Mayor Weisman absent, Commissioner Robert Shelley was elected Vice Mayor, for the
next six-month period.
Vice Mayor Shelley presided over the meeting.
4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
5. SPECIAL PRESENTATIONS:
• Employee Service Award: Mr. Soroka and Chief Steinberg presented
Michelle Augustine, Police Service Aid, with an award recognizing her ten years of
service.
6. CONSENT AGENDA: There were no requests from the public to address the
Commission.
A motion to approve the items on the Consent Agenda was offered by Commissioner
Landman, seconded by Commissioner Cohen, and passed unanimously by roll call
vote, with Mayor Weisman absent. The following action was taken:
A. Minutes were approved as follows:
• October 6, 2015 Commission Regular Meeting
• October 15, 2015 Commission Workshop Meeting
B. Resolution No. 2015-59 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
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ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
C. Resolution No. 2015-60 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO TAKE
ALL NECESSARY ACTION TO CONVERT NE 29TH PLACE TO A PUBLIC
STREET, INCLUDING THE ACCEPTANCE OF RIGHT-OF-WAY DEEDS
FROM AVENTURA MALL VENTURE AND AVENTURA COUNTRY CLUB,
AND OTHER NECESSARY CONVEYANCES, EASEMENTS AND/OR
DEDICATIONS FROM PROPERTY OWNERS IN ORDER TO ACCOMPLISH
THE PUBLIC DEDICATION OF THE ROAD; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
D. Resolution No. 2015-61 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE ATTACHED
WORK AUTHORIZATION NO. 01-0103-212 FOR PROFESSIONAL DESIGN
SERVICES FOR THE NE 213TH STREET AND NE 183RD STREET SEAWALL
IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF AVENTURA
AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING FOR
AN EFFECTIVE DATE.
E. Resolution No. 2015-62 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.01-0103-217 FOR PROFESSIONAL
PLANNING SERVICES BY AND BETWEEN THE CITY OF AVENTURA AND
CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING FOR AN
EFFECTIVE DATE.
F. Resolution No. 2015-63 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, SELECTING THE FIRMS OF KIMLEY-HORNE AND
ASSOCIATES, INC., MARLIN ENGINEERING, INC., AND THE CORRADINO
GROUP, INC. TO PERFORM PROFESSIONAL TRAFFIC ENGINEERING
SERVICES RELATIVE TO RFP NO. 16-10-05-2, TRAFFIC ENGINEERING
SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE
TERMS AND FEES FOR SAID SERVICES WITH EACH FIRM;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
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G. Resolution No. 2015-64 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND APPLY
FOR THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT JUSTICE
ASSISTANCE GRANT; TO APPLY FOR, RECEIVE, AND EXPEND $4,718 IN
FUNDS FOR THE SCHOOL RESOURCE OFFICER PROJECT; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
H. Motion was approved as follows:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $7,500 FOR
CRIME PREVENTION SCHOLARSHIPS FROM THE POLICE FORFEITURE
FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM.
I. Resolution No. 2015-65 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE
CHARTER REVISION COMMISSION; AND PROVIDING FOR AN
EFFECTIVE DATE.
J. Resolution No. 2015-66 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA ESTABLISHING PROCEDURES FOR COMMISSION TRAVEL AND
EXPENSES; AUTHORIZING THE CITY MANAGER TO TAKE ALL
NECESSARY ACTION TO IMPLEMENT THIS RESOLUTION; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
7. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Wolpin
incorporated the quasi-judicial procedure provisions into the record for items 7A, 7B,
7C, and 7D. Mrs. Horvath administered the oath to those wishing to offer testimony for
the items.
Mr. Wolpin read the following Resolution by title:
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING SIGN VARIANCE FOR CITY NATIONAL BANK ON
PROPERTY LOCATED AT 2999 NE 191 STREET, CITY OF AVENTURA; AND
PROVIDING FOR AN EFFECTIVE DATE.
Community Development Director Joanne Carr addressed the Commission and entered
the staff report into the record for the item, which recommended approval, subject to the
conditions as outlined in Section 1 of the Resolution. She noted and displayed a
corrected/revised Exhibit #2 (Location Plan). Additionally, the language for condition 2,
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as listed on page 2 of the Resolution, was clarified as follows: "As proffered by the
applicant in the Letter of Intent attached as Exhibit #1 to the staff report, and as
authorized by the property owner, no future variance will be requested to allow more
than one (1) wall sign of approximately 344 square feet to be affixed to the building at a
height of six to ten stories high, unless the City Code is amended in the future to allow
more wall signage than presently permitted by Code or unless the 344 square foot wall
sign is removed; and"
A motion to approve the Resolution was offered by Commissioner Weinberg and
seconded by Commissioner Holzberg.
Marissa Amuial, Esq. (Akerman LLP — One Southeast Third Avenue, Suite 2500,
Miami), provided testimony on behalf of the Applicant.
Vice Mayor Shelley opened the public hearing. There being no speakers, the public
hearing was closed.
The motion to approve the Resolution was unanimously passed, by roll call vote with
Mayor Weisman absent, and Resolution No. 2015-67 was adopted.
Mr. Wolpin read the following Resolution by title:
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING SIGN VARIANCE FOR A DIRECTORY SIGN
MEASURING 208 SQUARE FEET, WHERE A DIRECTORY SIGN
MEASURING A MAXIMUM OF 32 SQUARE FEET IS PERMITTED BY CITY
CODE, FOR THE 9 STORY OPTIMA OFFICE BULDING AT 21500 BISCAYNE
BOULEVARD, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion to approve the Resolution was offered by Commissioner Cohen and seconded
by Commissioner Landman.
Community Development Director Joanne Carr addressed the Commission and entered
the staff report into the record for the item, which recommended approval, subject to the
conditions as outlined in Section 1 of the Resolution.
Alan Rosenthal, Esq. (Rosenthal, Rosenthal, Rasco, Kaplan, LLC — One Aventura,
20900 N.E. 30th Avenue, Suite 600, Aventura), provided testimony on behalf of the
Applicant.
Vice Mayor Shelley opened the public hearing. There being no speakers, the public
hearing was closed.
The motion to approve the Resolution was unanimously passed, by roll call vote with
Mayor Weisman absent, and Resolution No. 2015-68 was adopted.
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Mr. Wolpin read the following Resolution by title:
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW LOT
COVERAGE OF 55.24% FOR A MEDICAL OFFICE DEVELOPMENT
LOCATED IN THE MEDICAL OFFICE (MO) DISTRICT WHERE MAXIMUM
LOT COVERAGE OF 40% IS PERMITTED BY CODE AND TO ALLOW
FLOOR AREA RATIO OF 2.0 WHERE MAXIMUM FLOOR AREA RATIO OF
1.50 IS PERMITTED BY CODE; FOR AN OFFICE BUILDING DEVELOPMENT
TO BE CONSTRUCTED PURSUANT TO THE CITY'S GREEN BULDING
PROGRAM, LOCATED AT 21291 NE 28 AVENUE, CITY OF AVENTURA; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion to approve the Resolution was offered by Commissioner Cohen and seconded
by Commissioner Narotsky.
Community Development Director Joanne Carr addressed the Commission and
discussed the City's Green Building Program. She entered the staff report into the
record for the item, which recommended approval, subject to the conditions as outlined
in Section 2 of the Resolution.
Michael Marrero, Esq. (Bercow Radell & Fernandez — 200 S. Biscayne Blvd. #850,
Miami), provided testimony on behalf of the Applicant.
Vice Mayor Shelley opened the public hearing. There being no speakers, the public
hearing was closed.
The motion to approve the Resolution was unanimously passed, by roll call vote with
Mayor Weisman absent, and Resolution No. 2015-69 was adopted.
Mr. Wolpin read the following Resolution by title:
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW A
BUILDING HEIGHT OF 12 STORIES AND 129'8"; WHERE A MAXIMUM
HEIGHT OF 12 STORIES AND 120' IS PERMITTED BY CODE, FOR A
MEDICAL OFFICE BUILDING AT 2801 NE 213 STREET, CITY OF
AVENTURA IN THE MO, MEDICAL OFFICE DISTRICT; AND PROVIDING
FOR AN EFFECTIVE DATE.
A motion to approve the Resolution was offered by Commissioner Narotsky and
seconded by Commissioner Holzberg.
Community Development Director Joanne Carr addressed the Commission and entered
the staff report into the record for the item, which recommended approval, subject to the
conditions as outlined in Section 2 of the Resolution.
Manny Synalovski, Architect (Synalovski Romanik Saye — 1800 Eller Drive #500, Fort
Lauderdale), provided testimony on behalf of the Applicant.
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Vice Mayor Shelley opened the public hearing. There being no speakers, the public
hearing was closed.
The motion to approve the Resolution was unanimously passed, by roll call vote with
Mayor Weisman absent, and Resolution No. 2015-70 was adopted.
8. ORDINANCES - FIRST READING — PUBLIC HEARINGS:
Mr. Wolpin read the following Ordinance by title:
A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2014-10 WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 2014/2015 FISCAL YEAR BY
REVISING THE 2014/2015 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; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Narotsky and
seconded by Commissioner Landman.
Mr. Soroka explained the Ordinance.
Vice Mayor Shelley opened the public hearing. There being no speakers, the public
hearing was closed.
The motion for approval of the Ordinance on first reading passed unanimously, by roll
call vote, with Mayor Weisman absent.
Mr. Wolpin read the following Ordinance by title:
B. CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF
EXCELLENCE SCHOOL BOARD OF DIRECTORS:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2015-04, WHICH
ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL
BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR
FISCAL YEAR 2015/2016 (JULY 1 — JUNE 30) BY REVISING THE 2015/2016
FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A"
ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Holzberg and
seconded by Commissioner Weinberg.
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Mr. Soroka explained the Ordinance.
Vice Mayor Shelley opened the public hearing. There being no speakers, the public
hearing was closed.
The motion for approval of the Ordinance on first reading passed unanimously, by roll
call vote, with Mayor Weisman absent.
9. ORDINANCES - SECOND READING/PUBLIC HEARINGS:
Mr. Wolpin read the following Ordinance by title:
A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION" OF
THE CITY OF AVENTURA CODE OF ORDINANCES BY AMENDING
SECTION 2-371 "LOBBYISTS" OF ARTICLE VI. "LOBBYING ACTIVITIES"
TO BE CONSISTENT WITH THE MIAMI-DADE COUNTY ETHICS CODE BY
ELIMINATING THE LOBBYIST EXPENDITURE STATEMENT FILING
REQUIREMENT FOR LOBBYISTS THAT HAVE MADE NO LOBBYING
EXPENDITURE DURING A GIVEN REPORTING PERIOD AND
ELIMINATING THE PAYMENT OF LOBBYIST REGISTRATION FEES BY
PRINCIPALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Cohen and
seconded by Commissioner Narotsky.
Vice Mayor Shelley opened the public hearing. There being no speakers, the public
hearing was closed.
The motion for approval of the Ordinance on second reading passed unanimously, by
roll call vote with Mayor Weisman absent, and Ordinance No. 2015-10 was adopted.
Mr. Wolpin read the following Ordinance by title:
B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING THE LEGISLATIVE EXPENSE
AMOUNT FOR THE MAYOR AND INDIVIDUAL COMMISSIONERS AS
PROVIDED FOR IN SECTION 2.06 OF THE CITY OF AVENTURA CHARTER,
FROM $6,059 TO $8,059 PER YEAR; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Landman and
seconded by Commissioner Holzberg.
Vice Mayor Shelley opened the public hearing. There being no speakers, the public
hearing was closed.
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The motion for approval of the Ordinance on second reading passed (5-1), by roll call
vote with Commissioner Narotsky voting no and Mayor Weisman absent, and
Ordinance No. 2015-11 was adopted.
Mr. Wolpin read the following Ordinance by title:
C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING THE
CITY CODE BY AMENDING CHAPTER 18 "BUSINESS REGULATIONS,
TAXES AND PERMITS", BY AMENDING ARTICLE IV "POLICE COST
RECOVERY"; AT SECTION 18-80 "RECOVERY OF COSTS FOR FAILURE OF
RESPONSIBLE PERSON TO APPEAR ON BEHALF OF BUSINESS"; TO
AUTHORIZE IMPOSITION OF A MINIMUM SERVICE FEE IN LIEU OF THE
RECOVERY OF ALL COSTS INCURRED BY THE CITY POLICE
DEPARTMENT UNDER CIRCUMSTANCES IN WHICH A CRIMINAL
PROSECUTION IS ABANDONED, DISMISSED OR FAILS AS A DIRECT
RESULT OF THE FAILURE OF A RESPONSIBLE PERSON TO APPEAR IN
LAW ENFORCEMENT OR COURT PROCEEDINGS ON BEHALF OF THE
OWNER OR OPERATOR OF A BUSINESS ESTABLISHMENT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Cohen and
seconded by Commissioner Narotsky.
Vice Mayor Shelley opened the public hearing. There being no speakers, the public
hearing was closed.
Mr. Wolpin explained the Ordinance.
The motion for approval of the Ordinance on second reading passed unanimously, by
roll call vote with Mayor Weisman absent, and Ordinance No. 2015-12 was adopted.
10. RESOLUTIONS - PUBLIC HEARING: None.
11. REPORTS:
Commissioner Landman reported on the success of the Halloween/Movie Night
(October 31St). She additionally discussed upcoming events in the City including
Founders Day Celebration (November 81h), Veterans Day Ceremony (November 11th)
and the City's 20th Anniversary Concert (November 14th).
Vice Mayor Shelley and members of the Commission commended Joanne Carr,
Community Development Director, for her work on the items on the agenda.
Commissioner Cohen commended Optima International, LLC (Aventura Optima Plaza)
for achieving the only LEED Platinum Certification in the City.
12. PUBLIC COMMENTS: None.
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13. OTHER BUSINESS: None.
14. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Cohen, seconded by
Commissioner Narotsky, and unanimously approved; thus adjourning the meeting at
7:06 p.m.
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Approved by the Commission on January 5, 2016.
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