07-01-1997 Council Meeting MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, JULY 1, 1997 6:30 P.M.
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:35 p.m. by
Vice Mayor Jeffrey M. Perlow. Present were Councilmembers Arthur Berger, Jay R.
Beskin, Ken Cohen, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Jeffrey M.
Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City
Attorneys Stephen J. Helfman and David M. Wolpin. Mayor Snyder was absent due
to illness. As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Leonard Geller led the pledge of allegiance.
3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL
Vice Mayor Perlow noted that the following zoning hearings were quasi-judicial in
nature and ex parte communications made by Council were disclosed and
appropriately filed in writing with the City Clerk in accordance with Ordinance No. 96-
09.
A. APPLICANT: MIAMI BEACH HEALTHCARE GROUP, LTD.
Mr. Helfman read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA; GRANTING SITE
PLAN APPROVAL FOR PROPERTY LOCATED AT
THE NORTHWEST CORNER OF NE 209 STREET
AND NE 27 COURT TO PERMIT A THREE STORY
MEDICAL OFFICE BUILDING; AND GRANTING A
VARIANCE FROM THE MAXIMUM BUILDING
HEIGHT NOT TO EXCEED TWENTY-FOUR (24)
FEET WHERE FORTY (40) FEET IS PROPOSED;
AND GRANTING A VARIANCE FROM THE
MAXIMUM ALLOWED FLOOR AREA RATIO (FAR)
NOT TO EXCEED 0.60 FOR A TWO STORY
BUILDING WHERE A THREE STORY BUILDING IS
PROPOSED; AND GRANTING A VARIANCE FROM
THE REQUIRED FIVE (5) FOOT DECORATIVE
WALL WHERE NO WALL IS PROPOSED; AND
PROVIDING AN EFFECTIVE DATE.
Vice Mayor Perlow opened the public hearing. All witnesses giving testimony were
sworn in by the City Clerk. The following individuals addressed Council: Community
Development Director Jaye M. Epstein; Inez Marrero, Esq., 1221 Brickell Avenue;
and Davide M. Carbone, CEO, Columbia Aventura Hospital and Medical Center.
There being no further speakers, the public hearing was closed. A motion for
approval with an amendment to the first Whereas clause to replace Board of County
Commissioners with City of Aventura was offered by Councilmember Rogers-Libert,
and seconded by Councilmember Cohen. The motion passed unanimously by roll
call vote and Resolution No. 97-41 was adopted.
At this time, a Certificate of Appreciation was presented to Davide M. Carbone for
providing the use of the Medical Center facilities to the City.
B. APPLICANT: AVENTURA COMMONS ASSOCIATES, LTD.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA GRANTING
SPECIAL EXCEPTION APPROVAL FOR
PROPERTY LOCATED ON THE EAST SIDE OF
BISCAYNE BOULEVARD BETWEEN NE 210
STREET AND NE 213 STREET TO PERMIT A
SECOND COCKTAIL LOUNGE IN A RESTAURANT
WITHIN A SHOPPING CENTER WHERE ONE (1)
COCKTAIL LOUNGE WITHIN A RESTAURANT IS
ALLOWED IN A SHOPPING CENTER AND, WHICH
SECOND RESTAURANT IS LOCATED WITHIN 500
FEET OF A PLACE OF WORSHIP; PROVIDING AN
EFFECTIVE DATE.
Jeffrey Bercow, Esq., 200 S. Biscayne Blvd., on behalf of the applicant, requested
withdrawal of this application. A motion was offered by Councilmember Rogers-
Libert, seconded by Councilmember Holzberg and unanimously passed that this
item be withdrawn.
C. APPLICANT: AVENTURA BAY TOWNHOMES CORP.
Mr. Helfman read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA GRANTING A
VARIANCE FROM THE REQUIRED TVVO (2) OFF-
STREET PARKING SPACES TO PERMIT
2
GARAGES TO APPLY TOWARDS ONE OF THE
TWO REQUIRED SPACES; VARIANCE FROM THE
MINIMUM REQUIRED TWENTY (20) FEET
SETBACK FROM GARAGE TO NEAREST EDGE
OF ROADWAY PAVEMENT; AND VARIANCE
FROM THE MINIMUM FIFTEEN (15) FEET
SETBACK FROM A GROUP OF TOWNHOUSES TO
A PUBLIC OR PRIVATE STREET TO PERMIT THE
CONSTRUCTION OF SIXTY-FIVE (65)
TOWNHOUSE UNITS FOR THE PROPERTY
LOCATED ON THE SOUTHWEST CORNER OF NE
185 STREET AND NE 31 AVENUE; AND
PROVIDING AN EFFECTIVE DATE.
Vice Mayor Perlow opened the public hearing. All witnesses giving testimony were
sworn in by the City Clerk. The following individuals addressed Council: Jeffrey
Bercow, Esq.; and Robert Schrier, President of Admirals Port Townhomes
Association. There being no further speakers, the public hearing was closed. A
motion for approval was offered by Councilmember Beskin, and seconded by
Councilmember Rogers-Libert. An amendment was offered by Councilmember
Beskin, seconded by Councilmember Rogers-Libert and unanimously passed to
amend Condition 12 to eliminate the word "building" and add "except for a permit to
construct the wall." The motion for approval, as amended, passed unanimously by
roll cell vote and Resolution No. 97-42 was adopted.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the June 3, 1997
Council Meeting was offered by Councilmember Rogers-Libert, seconded by
Councilmember Holzberg and unanimously passed. A motion to approve the
minutes of the June 25, 1997 Council Meeting was offered by Councilmember
Rogers-Libert, seconded by Councilmember Berger and unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS:
Councilmember Beskin requested removal of item 7-B from the Consent Agenda.
6. SPECIAL PRESENTATIONS: A Certificate of Appreciation were presented to
Manny Grossman on behalf of the Coronado Condominium Association Board of
Directors for providing the use of the Coronado Condominium facilities by the City.
Council presented a Proclamation to City Manager Eric M. Soroka in recognition of
his first year as City Manager and commended him on his accomplishments on
behalf of the City.
7. CONSENT AGENDA: A motion for approval was offered by Councilmember
Beskin, seconded by Councilmember Berger and unanimously passed, thus the
following action was taken:
3
A. Resolution No. 97-43 was adopted:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING
THE CITY MANAGER TO EXECUTE THE
ATTACHED INTERLOCAL AGREEMENT WITH
METROPOLITAN DADE COUNTY RELATIVE TO
THE IMPLEMENTATION OF A PROGRAM TO
FOSTER COMPATIBLE BOUNDARIES BETWEEN
MUNICIPALITIES AND UNINCORPORATED
AREAS; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
C. Mr. Wolpin read the following ordinance by title and it was passed on first
reading by roll call vote:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CODE OF THE CITY
OF AVENTURA BY ADDING A NEW ORDINANCE
ENTITLED "FLOOD DAMAGE PREVENTION";
PROVIDING FOR STATUTORY AUTHORITY AND
LEGISLATIVE FINDINGS; PROVIDING AN INTENT
AND PURPOSE; PROVIDING OBJECTIVES;
PROVIDING DEFINITIONS; PROVIDING GENERAL
PROVISIONS; PROVIDING ADMINISTRATIVE
PROCEDURES AND STANDARDS; PROVIDING
FOR FLOOD HAZARD REDUCTION; PROVIDING
FOR VARIANCES AND APPEALS; PROVIDING
FOR THE REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY;
INCLUSION IN THE CODE AND AN EFFECTIVE
DATE.
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING
THE CITY MANAGER TO EXECUTE THE
A iTACHED QUIT CLAIM DEEDS TO TRANSFER
CERTAIN PUBLIC STREETS AND ALLEYS AND
TWO PARCELS OF LAND TO THE FLORIDA
4
DEPARTMENT OF TRANSPORTATION IN
CONNECTION WITH THE CONSTRUCTION OF
BISCAYNE BOULEVARD IMPROVEMENTS PHASE
7; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Councilmember Berger and seconded by
Councilmember Cohen. Danny Iglesias, 16711 Collins Avenue and Richard Lineberger,
representatives of FDOT addressed Council. An amendment was offered by
Councilmember Rogers-Libert, seconded by Councilmember Cohen and unanimously
passed that if the parcels of right-of-way (Parcels 119 and 120) or Parcels 108, 109 and
110 of Phase 7 of the Biscayne Boulevard Project are not fully used by FDOT for the
purpose of the project by January 1, 2003, the City shall have the option to promptly
require FDOT to re-convey the subject land to the City with no payment of monetary
consideration. The motion for approval, as amended, was unanimously passed by roll
call vote and Resolution No. 97-44 was adopted.
8. PUBLIC HEARINGS: ORDINANCES - SECOND READING - None
9. RESOLUTIONS: None
10. OTHER BUSINESS: None
11. REPORTS: As submitted.
12. PUBLIC COMMENTS: The following individuals addressed Council: Lionel
Socolov, 3530 Mystic Point Drive; Harry Crook, Commodore Plaza; Leonard
Geller, Commodore Plaza; George Berlin, Turnberry & Associates; Manny
Grossman, 20335 W. Country Club Drive.; and Rev. Will Keyser, Church of
Aventura.
13. ADJOURNMENT. There being no further business to come before Council at
this time, after motion made, seconded and unanin~usl~pa~s~sed, the meeting
adjourned at 9:05 p.m. ~ ~'l~ ~,(~
Teresa M. Smith, CMC, City Clerk
Approved by Council on August 5, 1997.
Anyone wishing to appeal any decision made by the City Council with respect to any matter conside~l at a
meeting or hearing will need a record of the proceedings and, for such purpose, m ay need to ensure that a
verbatim record of the proceedings if made, which record includes the testimony and evidence upon which
the appeal is to be based.
5