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January 4, 2022 Aventura City Commission Regular Meeting Minutes • � �c a AVENTURA CITY COMMISSION REGULAR MEETING MINUTES JANUARY 4, 2022 6:00 p.m. Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6.02 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Rachel S. Friedland', Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. Commissioner Jonathan Evans was absent. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Ethan Bazak. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Item 5J was deleted from the agenda, as requested by Mr. Wasson. 4. SPECIAL PRESENTATIONS: • Employee Service Awards: None. • Aventura City of Excellence School Update: Principal Dr. Anthony Tyrkala provided a brief report on ACES. • Don Soffer Aventura High School Update: Principal Dr. Geoff McKee, accompanied by student Liana Safdie, provided a brief report on DSAHS. A letter from the Commission will be sent to all teachers at the schools thanking them for their efforts during this time. 5. CONSENT AGENDA: There were no requests from the public to address the Commission. Mr. Wasson requested the removal of Items 5F and 5K. Mayor Weisman requested that at least 24-hour notice be given by Commissioners to the City Manager for items to be removed from the agenda. 1 Participated via virtual communications media technology. Aventura City Commission Regular Meeting Minutes January 4, 2022 A motion to approve the remaining items on the Consent Agenda (excluding F, J, and K) was offered by Commissioner Shelley, seconded by Commissioner Landman, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • November 2, 2021 City Commission Regular Meeting • November 4, 2021 City Commission Regular Workshop Meeting B. Resolution No. 2022-01 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN ADDENDUM TO THE CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF AVENTURA AND RONALD L. BOOK, P.A.; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 2022-02 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 22-11-02- 3, AVENTURA HIGH SCHOOL MARQUEE SIGN, TO TIGO, INC. DBA EXPOSE YOURSELF AT THE BID PRICE OF $99,900.00; 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. D. Resolution No. 2022-03 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF PARENT REPRESENTATIVE MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD FOR A ONE-YEAR TERM;AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2022-04 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, DESIGNATING PUBLIC WORKS EMPLOYEES AS FIRST RESPONDERS AS FEDERALLY MANDATED; AUTHORIZING THE USE OF THE PUBLIC WORKS RESPONDER SYMBOL AS ADOPTED BY THE NATIONAL PUBLIC WORKS ASSOCIATION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. F. Removed for discussion: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF Page 2 of 10 Aventura City Commission Regular Meeting Minutes January 4, 2022 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. G. Resolution No. 2022-06 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THIRD AMENDMENT TO AGREEMENTS (THE "AGREEMENT") CONCERNING COMMERCIAL ADVERTISING SIGNS BETWEEN THE CITY OF AVENTURA AND CLEAR CHANNEL OUTDOORS,INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE AND TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. H. Resolution No. 2022-07 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE DISSOLUTION OF THE DON SOFFER AVENTURA HIGH SCHOOL FOUNDATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. I. Motion approved as follows: MOTION TO APPROVE THE RESURFACING OF 183RD STREET BETWEEN BISCAYNE BOULEVARD AND NE 31st AVENUE, AT A COST NOT TO EXCEED $170,000 DOLLARS,UTILIZING THE SERVICES OF THE MIAMI-DADE COUNTY WATER AND SEWER PROJECT CONTRACTOR PABON ENGINEERING INC. J. Deleted from the Agenda: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, URGING THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISIONERS TO UPHOLD THE RECOMMENDATIONS OF COUNTY STAFF AND DENY AND NOT TRANSMIT CDMP AMENDMENT APPLICATION CDMP20210003; AND PROVIDING FOR AN EFFECTIVE DATE. K. Removed for discussion: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE OPIOID SETTLEMENT INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY GOVERNING THE USE OF OPIOID SETTLEMENT FUNDS ALLOCATED TO THE MIAMI-DADE COUNTY REGIONAL FUND; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. Item 5F: Mrs. Horvath read the following Resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF Page 3 of 10 Aventura City Commission Regular Meeting Minutes January 4, 2022 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. A motion to approve the Resolution was offered by Commissioner Shelley and seconded by Commissioner Landman. Mr. Wasson provided remarks on complying with the request to mark the exhibit referred to in the resolution, as commented on by Commissioner Dr. Marks. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Resolution passed unanimously by roll call vote and Resolution No. 2022-05 was adopted. Item 5K: Mrs. Horvath read the following Resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE OPIOID SETTLEMENT INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY GOVERNING THE USE OF OPIOID SETTLEMENT FUNDS ALLOCATED TO THE MIAMI-DADE COUNTY REGIONAL FUND; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Shelley and seconded by Commissioner Narotsky. Mr. Wasson provided remarks on complying with the request to include and mark the exhibit referred to in the resolution, as commented on by Commissioner Dr. Marks. The exhibit was distributed, reviewed, and included as part of the resolution. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Resolution passed unanimously, by roll call vote, and Resolution No. 2022-08 was adopted. 6. ZONING HEARINGS/QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Meyers reviewed the quasi-judicial procedures for Items 6A and 613. Mrs. Horvath administered the oath to all those wishing to offer testimony on Items 6A and 613. RESOLUTIONS: Page 4 of 10 Aventura City Commission Regular Meeting Minutes January 4, 2022 Mrs. Horvath read the following Resolution title: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO SECTION 31-145(E) OF THE CITY CODE OF ORDINANCES, (1) TO PERMIT A HEIGHT OF 21 STORIES FOR A MULTIFAMILY RESIDENTIAL BUILDING AND 15 STORIES FOR AN OFFICE BUILDING,WHERE THE CITY CODE PERMITS 10 STORIES, AND TO PERMIT 5 STORIES FOR A RESIDENTIAL BUILDING IN A BUFFER ZONE, WHERE THE CITY CODE PERMITS 4 STORIES; (2) FOR PROPOSED LIVE/WORK UNITS, WHERE THE CITY CODE OTHERWISE ALLOWS UNITS TO BE EITHER COMMERCIAL OR RESIDENTIAL, BUT NOT BOTH; AND (3) TO PERMIT 1,735 PARKING SPACES, WHERE 1,891 SPACES IS REQUIRED BY THE CITY CODE FOR THE PROPERTY LOCATED AT 20801 — 20807 BISCAYNE BLVD.; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Shelley and seconded by Commissioner Narotsky. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval to facilitate development of a mixed-use residential, office, and retail property, and reviewed the item. The following provided comments on behalf of the Applicant (Bercow Radell Fernandez Larkin & Tapanes on behalf of owners Aventura Opportunity Owner, LLC and Norwich Aventura): Jeffrey Bercow, Esq. — Bercow Radell Fernandez Larkin & Tapanes PLLC (200 S. Biscayne Blvd. Suite 300, Miami), Tim Plummer, Traffic Engineer - David Plummer & Associates (1750 Ponce de Leon Blvd., Coral Gables), and Jeffrey Davis - Columbus Square Management (792 Columbus Avenue, Suite 1 E, New York). It was clarified that the City was currently reviewing the traffic impact study and additional improvement requirements may be imposed to be addressed by the Applicant. The Commission discussed the item and the following conditions were agreed to be included under Section 3 of the Resolution: • Added to Condition 3: To the maximum extent practicable, Applicant shall undertake due diligence, good faith efforts to obtain approval for and initiate construction of changes to this intersection prior to or concurrently with the initiation of the first on-site construction. • In Place of Condition 4: Contribution toward the expansion of the City's Freebee circulator service (or similar City sponsored transportation service) in the amount of$72,000 per year for five (5) years with the first payment due before the issuance of the first permit for the project or by September 30, 2022, whichever is earlier, with each of the following annual payments due on the anniversary date of the first payment. Page 5 of 10 Aventura City Commission Regular Meeting Minutes January 4, 2022 • Added as Condition 5: Applicant shall provide a construction phasing plan prior to receiving administrative site plan approval and shall provide updates to such phasing plan prior to or concurrently with the submittal of any permit applications that would alter the phasing plan. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Resolution, with the added/amended conditions, passed unanimously by roll call vote and Resolution No. 2022-09 was adopted. Mrs. Horvath read the following Resolution title: B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO SECTION 31-143(F)(2A)(D) OF THE CITY CODE OF ORDINANCES, TO PERMIT (1)A FLOOR AREA RATIO OF 2.85,WHERE THE CITY CODE PERMITS 2.0,AND (2) LOT COVERAGE OF 53%,WHERE THE CITY CODE PERMITS A MAXIMUM LOT COVERAGE OF 40%, FOR AN ASSISTED LIVING FACILITY TO BE CONSTRUCTED PURSUANT TO THE CITY'S GREEN BUILDING PROGRAM LOCATED AT THE SOUTHEAST CORNER OF YACHT CLUB WAY AND EAST COUNTRY CLUB DRIVE; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Shelley and seconded by Commissioner Landman. Community Development Director Keven Klopp entered the staff report into the record, which recommended approval to facilitate development of an assisted living facility known as Belmont Village Senior Living Aventura, and reviewed the item including a response to concerns received regarding traffic capacity on Yacht Club Way. Mr. Klopp disclosed two administrative minor variances that the Applicant will be requesting from the City Manager for 1) shadow in a landscape bed and 2) balconies in a setback. He corrected a scrivener's error to the condition listed in Section 3-3c to read the existing developments to the east of the proposed ALF. He also discussed the need for a full traffic analysis and mitigation requirements if the item is approved. Mayor Weisman disclosed the following ex-parte communications on the item: driving the property at the request of resident Marjorie Rosenblatt and receiving close to 200 letters about the project detailing resident concerns. Commissioner Narotsky disclosed visiting the Belmont facility in Fort Lauderdale and hearing from the community. The following provided comments on behalf of the Applicant (Bercow Radell Fernandez Larkin & Tapanes on behalf of owners Parcel U / SR-1 Trust LLC): Michael Marrero, Esq. — Bercow Radell Fernandez Larkin & Tapanes PLLC (200 S. Biscayne Blvd. Suite 300, Miami), Ram Krishnan - Corwil Architects (4210 Laguna Street, Coral Gables), Tim Page 6 of 10 Aventura City Commission Regular Meeting Minutes January 4, 2022 Plummer, Traffic Engineer - David Plummer & Associates (1750 Ponce de Leon Blvd., Coral Gables), and Robert Mann - Belmont Village (7660 Woodway Drive, Houston, Texas). The Commission discussed the item including the following: encouragement of LEED platinum certification, use allowed by right, land owners giving the City property to build streets years ago creating the need for the two conditional use approval items they are now requesting, cost reduction program for Aventura residents that can't meet financial requirements, and impact mitigation. Mayor Weisman opened the item for public comment. The following members of the public provided comments: Stephen Grundstein (3600 Mystic Pointe Drive, Aventura), Leo Sushner (3600 Mystic Pointe Drive#1712, Aventura), Laura Defina (3600 Mystic Pointe Drive #1708, Aventura), Tony Tedesco (19101 Mystic Pointe Drive #2903, Aventura), Marjorie Rosenblatt (19101 Mystic Pointe Drive #2301, Aventura), Morris Matalon (19667 Turnberry Way, Aventura), and Barry David Silverstein (Aventura). There being no additional comments, Mayor Weisman closed the public hearing. The motion for approval of the Resolution, with the correction of the scrivener's error as noted, passed unanimously, by roll call vote and Resolution No. 2022-10 was adopted. 7. ORDINANCES - FIRST READING/PUBLIC HEARINGS: Mrs. Horvath read the following Ordinance title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE II "LOCAL BUSINESS TAXES" OF CHAPTER 18 "BUSINESS REGULATIONS, TAXES AND PERMITS" OF THE CITY CODE, BY AMENDING SECTION 18-42"TAX SCHEDULE";BY PROVIDING AN INCREASE OF FIVE(5%) PERCENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Shelley and seconded by Commissioner Landman. Mr. Wasson reviewed the item and explained that the rates had not been raised for 13 years. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed (5-1), by roll call vote. Mrs. Horvath read the following Ordinance title: Page 7 of 10 Aventura City Commission Regular Meeting Minutes January 4, 2022 B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE I "IN GENERAL" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE, BY CREATING CITY CODE SECTION 2-3 "CRIMINAL HISTORY RECORDS CHECKS FOR NEW SPECIFIED CITY EMPLOYEES"; PROVIDING FOR SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE;PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Shelley and seconded by Commissioner Landman. Mr. Wasson reviewed the item and recommended approval. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote. Mrs. Horvath read the following Ordinance title: C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, REPEALING AND REPLACING ARTICLE IV, "FLOODS," OF CHAPTER 30, "ENVIRONMENT," OF THE CITY CODE OF ORDINANCES RELATING TO FLOODPLAIN MANAGEMENT AND FLOOD RESISTANT DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY;PROVIDING FOR INCLUSION IN CODE;AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Narotsky and seconded by Commissioner Landman. Mr. Wasson reviewed the item. Mayor Weisman opened the item for public comment. The following members of the public provided comments: Marjorie Rosenblatt (19101 Mystic Pointe Drive #2301 , Aventura). There being no additional comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mrs. Horvath read the following Ordinance title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY ADDING A PROPERTY RIGHTS ELEMENT TO THE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. Page 8 of 10 Aventura City Commission Regular Meeting Minutes January 4, 2022 Mr. Wasson requested that the item be deferred to a future date. Mr. Meyers explained the Commission's options. A motion to defer the item to a future date was offered by Commissioner Dr. Marks and seconded by Commissioner Shelley. The motion to defer the Ordinance passed unanimously, by roll call vote. Mrs. Horvath read the following Ordinance title- B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND TRUST FUND," BY AMENDING SECTION 36-26 "SERVICE RETIREMENT BENEFIT" TO PROVIDE FOR IN-SERVICE DISTRIBUTION OF BENEFITS TO CERTAIN RETIRED MEMBERS WHO RETURN OR TRANSFER TO EMPLOYMENT BY THE CITY IN A DEPARTMENT OR POSITION OUTSIDE THE POLICE DEPARTMENT;AMENDING SECTION 36-35,DEFERRED RETIREMENT OPTION PROGRAM (DROP) TO CONFORM; PROVIDING FOR REPEAL; 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 Dr. Marks and seconded by Commissioner Landman. Mr. Wasson reviewed the item and recommended approval. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote, and Ordinance No. 2022-01 was adopted. Mrs. Horvath read the following Ordinance title- C. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2020-10 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2020/2021 FISCAL YEAR BY REVISING THE 2020/2021 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 Shelley. Mr. Wasson reviewed the item and recommended approval. Page 9 of 10 Aventura City Commission Regular Meeting Minutes January 4, 2022 Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. The motion for approval of the Ordinance passed unanimously, by roll call vote, and Ordinance No. 2022-02 was adopted. 9. RESOLUTIONS/PUBLIC HEARINGS: None. 10. REPORTS: None. 11. PUBLIC COMMENTS: The following members of the public provided comments: Cindy Orlinsky (20051 NE 371h Court, Aventura) and Stacey Levy — Ellie's Army Foundation (1051 NE 93 Street, Miami Shores). 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Landman, seconded by Commissioner Shelley, and unanimously approved; thus, adjourning the meeting at 8:35 p.m. Ellisa L. Horvath, MPE,Tity Clerk Approved by the City Commission on February 1 , 2022. Page 10 of 10