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November 7, 2017 Regular Commission Meeting Minutes The City of CITY COMMISSION y1 �1 �f�ye�� REGULAR MEETING MINUTES Aventura Government Center A�Y eJLJI��.11�1 cUt NOVEMBER 7, 2017 19200 W.Country Club Drive Aventura. ve . Floridara u 80 6:00 P.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:00 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Howard Weinberg, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert Shelley, City Manager Eric M. Soroka, City Clerk Ellisa L. Horvath, and City Attorney Matthew H. Mandel. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Brian Mars. 3. ELECTION OF VICE MAYOR: After nomination by Commissioner Narotsky, seconded by Commissioner Dr. Marks, and unanimously approved, Commissioner Robert Shelley was elected Vice Mayor, for the next six-month period. 4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 5. SPECIAL PRESENTATIONS: • Proclamation: Mayor Weisman presented Jennifer Enslein with a proclamation in recognition of her efforts in providing the Rock Steady Boxing program, at the Michael-Ann Russell Jewish Community Center in North Miami Beach, to Aventura residents battling Parkinson's disease. • Employee Service Awards: Mr. Soroka along with Chief Pegues presented the following with recognition certificates and tokens of appreciation for the completion of milestone years of service with the City: Rodney "Brent" Rogers (10 years), Julia Curbelo (15 years), Linda Mazzei (15 years), Anthony Mihalko (20 years), Officer Helen Morrison (20 years), Officer Kevin Childs (20 years), and Sergeant Terry Scott (20 years). 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 Vice Mayor Shelley, seconded by Commissioner Narotsky and passed unanimously by roll call vote. The following action was taken: A. Minutes were approved as follows: • October 3, 2017 Commission Regular Meeting • October 12, 2017 Commission Meeting • October 19, 2017 Commission Meeting • October 19, 2017 Commission Workshop Meeting Aventura City Commission Meeting Minutes November 7, 2017 B. Resolution No. 2017-53 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 FOR AN EFFECTIVE DATE. C. Resolution No. 2017-54 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING ELECTED OFFICIALS OF THE CITY OF AVENTURA TO PARTICIPATE IN THE CITY'S GROUP HEALTH INSURANCE PLAN, WITH ALL APPLICABLE INSURANCE PREMIUMS TO BE PAID SOLELY BY THOSE ELECTED OFFICIALS WHO PARTICIPATE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2017-55 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN TERRACES NORTH AT TURNBERRY AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2017-56 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN TURNBERRY ISLE MASTER ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. F. Resolution No. 2017-57 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN THE LANDMARK CLUB CONDOMINIUM ASSOCIATION, INC. AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 9 Aventura City Commission Meeting Minutes November 7. 2017 G. Resolution No. 2017-58 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED POLICE SERVICES AGREEMENT BETWEEN THE CITY OF AVENTURA AND AVENTURA MALL VENTURE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. H. Resolution No. 2017-59 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 AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT DATED FEBRUARY 8, 2008 BY AND BETWEEN THE CITY OF AVENTURA AND AMERICAN TRAFFIC SOLUTIONS, LLC; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. I. Resolution No. 2017-60 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, DECLARING EXEMPTION FROM ARTICLE XIIA OF CHAPTER 33, WORKFORCE HOUSING DEVELOPMENT PROGRAM OF THE MIAMI- DADE COUNTY CODE;AND PROVIDING FOR AN EFFECTIVE DATE. J. Resolution No. 2017-61 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-246 FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF YACHT CLUB DRIVE MILLING AND RESURFACING IMPROVEMENTS BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON & ASSOCIATES FOR THE AMOUNT OF $74,210; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. K. Resolution No. 2017-62 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING AND LETTING A TOWING CONTRACT TO PRESTIGE AUTO TRANSPORT TOWING & RECOVERY, INC. AND A BACKUP TOWING CONTRACT TO DOWNTOWN TOWING COMPANY; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 3 of 9 Aventura City Commission Meeting Minutes November 7, 2017 L. Resolution No. 2017-63 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT TO GARLAND/DBS INCORPORATED, FOR THE RE-ROOFING FOR THE ELEMENTARY WING OF THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR THE INDIVIDUAL BID PRICE CONTAINED IN ATTACHED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT IN ATTACHED EXHIBIT "B"; 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. 7. ORDINANCES - FIRST READING — PUBLIC HEARINGS: Mr. Mandel read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,AMENDING ORDINANCE NO.2016-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2016/2017 FISCAL YEAR BY REVISING THE 2016/2017 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. Mayor Weisman 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. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mr. Mandel read the following ordinance by title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND TRUST FUND," IN ACCORDANCE WITH CHANGES CONTAINED IN THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION FOR THE PERIOD OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2019; BY AMENDING SECTION 36-22 "DEFINITIONS"; BY AMENDING SECTION 36-26 "SERVICE RETIREMENT BENEFIT" TO REVISE RETIREMENT CRITERIA; BY ADDING SECTION 36-35 "DEFERRED RETIREMENT OPTION PROGRAM"; BY ADDING SECTION 36-38"DEFINED CONTRIBUTION PLAN"; BY ADDING SECTION 36-39 "USE OF PREMIUM TAX REVENUES"; PROVIDING FOR REPEAL; PROVIDING Page 4 of 9 Aventura City Commission Meeting Minutes November 7, 2017 FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the ordinance was offered by Commissioner Weinberg and seconded by Vice Mayor Shelley. Mayor Weisman 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 and Ordinance No. 2017-13 was adopted. Mr. Mandel reviewed the quasi-judicial procedures for items 8B and 8C and read the following ordinance by title: 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 2.0 ACRE PARCEL OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS ORDINANCE, FROM B2, COMMUNITY BUSINESS DISTRICT TO MO, MEDICAL OFFICE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Mrs. Horvath administered the oath to all those wishing to offer testimony for items 8B and/or 8C. A motion for approval of the ordinance was offered by Vice Mayor Shelley and seconded by Commissioner Mezrahi. The following provided testimony on behalf of the applicant (Gulfstream Park Racing Association, Inc.): Edwin Stacker, Esq. (Mastriana & Christiansen, PA - 1500 N. Federal Highway, Suite 200, Fort Lauderdale). Mayor Weisman opened the public hearing. The following members of the public provided testimony: Ivey Ginsberg (3610 Yacht Club Drive). There being no additional speakers, the public hearing was closed. The motion for approval of the ordinance on second reading passed unanimously, by roll call vote and Ordinance No. 2017-14 was adopted. Mr. Mandel read the following ordinance by title: C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, F.S., DATED NOVEMBER 8, 2006 MADE BETWEEN Page 5 of 9 I Aventura City Commission Meeting Minutes November 7, 2017 GULFSTREAM PARK RACING ASSOCIATION INC. AS DEVELOPER AND THE CITY OF AVENTURA TO EXTEND THE TERM OF THE AGREEMENT FROM JULY 7, 2017 TO JULY 7, 2024, TO REVISE EXHIBITS "A" AND "B" TO THE AGREEMENT WITH NEW LEGAL DESCRIPTIONS FOR THE RECONFIGURED B2 DISTRICT AND MO DISTRICT PARCELS, TO ADD THE 2.0 ACRE CONVEYANCE TO THE CITY AND TO AMEND THE VEHICULAR ACCESS RESTRICTION TO AND FROM NE 213 STREET, ALL RELATING TO PARCELS OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET, EAST OF BISCAYNE BOULEVARD, CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the ordinance was offered by Vice Mayor Shelley and seconded by Commissioner Mezrahi. The following provided testimony on behalf of the applicant (Gulfstream Park Racing Association, Inc.): Edwin Stacker, Esq. (Mastriana & Christiansen, PA - 1500 N. Federal Highway, Suite 200, Fort Lauderdale). Mr. Soroka provided clarification. Mayor Weisman opened the public hearing. The following members of the public provided testimony: Ivey Ginsberg (3610 Yacht Club Drive — also provided a list of names/signatures), Kelvin Rossen (3640 Yacht Club Drive), Scott Singer (21025 NE 31 Street — President of Homeowners Association for Aventura Lakes), and Robert Burroughs (Miami). Mr. Soroka explained the ordinance. There being no additional speakers, the public hearing was closed The motion for approval of the ordinance on second reading passed unanimously, by roll call vote and Ordinance No. 2017-15 was adopted. 9. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Mandel reviewed the quasi-judicial procedures for items 9A, 9B, and 9C and read the following resolution by title: RESOLUTIONS—PUBLIC HEARINGS: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR THE TOTAL WINE & MORE LIQUOR PACKAGE STORE ON THE COMMERCIAL PLAZA TENANT SPACE AT 19925 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. Mrs. Horvath administered the oath to all those wishing to offer testimony for items 9A, 9B, and/or 9C. Page 6 of 9 I Aventura City Commission Meeting Minutes November 7, 2017 A motion for approval of the resolution was offered by Commissioner Narotsky and seconded by Vice Mayor Shelley. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record, which recommended approval, subject to the conditions listed in the report, as well as in Section 1 of the resolution. The following provided testimony on behalf of the applicant (Florida Fine Wine & Spirits LLC, dba Total Wine & More): Jennifer Wolfe, Permit Expeditor (Walton Signage - 10101 Reunion Place, Suite 500, San Antonio, TX) and Thomas Mahoney (Total Wine & More). Mayor Weisman opened the public hearing. There being no comments, the public hearing was closed. The motion for approval of the resolution passed unanimously by roll call vote and Resolution No. 2017-64 was adopted. Mr. Mandel read the following resolution by title: B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING RESOLUTION NO. 2006-62 BY EXTENDING THE TIME TO OBTAIN A BUILDING PERMIT FOR 7 YEARS; BY REVISING THE LEGAL DESCRIPTION OF LAND SUBJECT TO THE CONDITIONAL USE APPROVAL TO DELETE A 2 ACRE PARCEL CONVEYED TO THE CITY AND TO INCLUDE A 2 ACRE PARCEL REZONED BY SEPARATE ORDINANCE; BY DELETING REFERENCE TO SPECIFIC SITE DEVELOPMENT PLANS; AND BY RECONFIRMING THE APPROVAL OF A PARCEL SIZE OF 13.715 ACRES, RECONFIRMING THE APPROVAL OF RESIDENTIAL USES WITH A MAXIMUM DENSITY OF 35 DWELLING UNITS PER ACRE, OR A MAXIMUM OF 480 UNITS, AND RECONFIRMING APPROVAL OF INCREASED HEIGHT WITH A MAXIMUM OF 25 STORIES OR 259 FEET; ALL FOR A PARCEL OF LAND ON THE NORTH SIDE OF NE 213 STREET BETWEEN BISCAYNE BOULEVARD AND NE 34 AVENUE, CITY OF AVENTURA, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Vice Mayor Shelley and seconded by Commissioner Landman. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record, which recommended approval, subject to the conditions listed in the report, as well as in the resolution. The following provided testimony on behalf of the applicant (Gulfstream Park Racing Association, Inc.): Edwin Stacker, Esq. (Mastriana & Christiansen, PA - 1500 N. Federal Highway, Suite 200, Fort Lauderdale). Page 7 of 9 Aventura City Commission Meeting Minutes November 7, 2017 Mayor Weisman opened the public hearing. There being no comments, the public hearing was closed. The motion for approval of the resolution passed unanimously by roll call vote and Resolution No. 2017-65 was adopted. Mr. Mandel read the following resolution by title: C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE A MODIFICATION OF A DECLARATION OF RESTRICTIONS IN LIEU OF UNITY OF TITLE AND TO EXECUTE A RELEASE OF A DECLARATION OF RESTRICTIVE COVENANT IN THE FORMS ATTACHED TO THIS RESOLUTION, CONCERNING PROPERTY OWNED BY GULFSTREAM PARK RACING ASSOCIATION INC., LOCATED ON THE NORTH SIDE OF NE 213 STREET, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Vice Mayor Shelley and seconded by Commissioner Landman. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record, which recommended approval, as outlined in the report and resolution. The following provided testimony on behalf of the applicant (Gulfstream Park Racing Association, Inc.): Edwin Stacker, Esq. (Mastriana & Christiansen, PA - 1500 N. Federal Highway, Suite 200, Fort Lauderdale). Mayor Weisman opened the public hearing. Mrs. Horvath administered the oath to those additional speakers wishing to offer testimony. The following members of the public provided comments: Robert Burroughs (Miami), Joshua Coba (3911 Island Estates Drive), Dara Clarke, and Daniel Sawicki (4036 Island Estates Drive). There being no additional comments, the public hearing was closed. The motion for approval of the resolution passed unanimously by roll call vote and Resolution No. 2017-66 was adopted. 10. RESOLUTIONS: Mr. Mandel read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPOINTING SUSAN L. GRANT TO SERVE AS THE NEXT CITY MANAGER FOR THE CITY OF AVENTURA; APPROVING AN EMPLOYMENT AGREEMENT BETWEEN SUSAN L. GRANT AND THE CITY OF AVENTURA Page 8 of 9 Aventura City Commission Meeting Minutes November 7. 2017 ATTACHED AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED EMPLOYMENT AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Vice Mayor Shelley and seconded by Commissioner Landman. Mayor Weisman opened the public hearing. There being no comments, the public hearing was closed. Susan Grant thanked the Commission for her selection as the next City Manager and provided comments. The motion for approval of the resolution passed unanimously by roll call vote and Resolution No. 2017-67 was adopted. 11. REPORTS: Commissioner Dr. Marks reported on the delay on the mailing of the County's tax bills, due to the hurricane. Mayor Weisman reported on the success of the Founders Day event. 12. PUBLIC COMMENTS: The following members of the public provided comments: Joshua Coba (3911 Island Estates Drive), Dara Clarke, Robert Burroughs (Miami), and Frida Lapidot (20953 NE 30 Court). Michael Krop Senior High School representative Nathaniel Manor (SGA President) provided a report on news and events at the school. 13. OTHER BUSINESS: None. 14. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Landman, seconded by Commissioner Weinberg, and unanimously approved; thus adjourning the meeting at 8:06 p.m. c"e? a‘ Ellisa L. Horvath, C ity Clerk Approved by the Commission on January 9, 2018. Page 9 of 9