08-20-1996 Council Meeting MINUTES
COUNCIL MEETING
AUGUST 20, 1996 - 6 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 by Mayor
Arthur I. Snyder at 6 p.m. Present were Councilmembers Arthur Berger, Jay R. Beskin,
Ken Cohen, Harry Holzberg, Jeffrey Perlow, Vice Mayor Patricia Rogers-Libert, Mayor
Arthur I. Snyder, City Manager Eric M. Soroka, City Attorney David M. Wolpin and City
Clerk Teresa M. Smith. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M.
A. HEARING NUMBER: 96-7-ACC-1: The applicant, Turnberry Country
Club, requested: (1) modification of a previously approved site plan; (2) non-use
variance of parking requirements to permit 800 parking spaces (1085 parking spaces
required); (3) unusual use to permit outdoor dining; (4) modification of the Aventura
Criteria Book; and (5) non-use variance of parking regulations which require parking
spaces to be longer and wider.
All witnesses giving testimony in the zoning hearing were sworn in by the City
Clerk. Mr. Wolpin read the applicant's zoning request and noted for the record that
disclosures of ex parte communications by Councilmembers were filed with the City
Clerk in accordance with Ordinance No. 96-09.
The following individuals addressed Council relative to this zoning request: Al
Torres, Metropolitan Dade County Planning, Development and Regulation Department,
111 NW 1st Street, Miami; Joseph Goldstein, Esq., 1221 Brickell Avenue, Miami; Jens
Graffe, 19999 West Country Club Drive, Aventura; Bruce Brosch, 2600 Douglas Road,
Miami; Jeff Bass, Esq., 46 SW 1st Street, Miami; Eric Charles, Professor, University of
Miami; Manny Grossman, 20301 W. Country Club Drive; Barbara Brighton, 20335 W.
Country Club Drive #901; Sylvia Magnicoff, Coronado II; and Wilma Morrison Friedman,
20100 W. Country Club Drive. A motion to approve the application, as submitted, was
offered by Councilmember Perlow and seconded by Councilmember Holzberg.
Extensive public hearing comments and discussion ensued. In an effort to reach a
compromise between the applicant and objectors, Mayor Snyder announced a recess
of the Council meeting and promptly left the room for a discussion with representatives
of the applicant, the objectors to the application, the City Attorney and a court reporter.
AUGUST 20, 1996
No other Councilmembers attended such discussion. After the recess, a motion was
made by Vice Mayor Rogers-Libert and seconded by Councilmember Cohen that the
Mayor provide Council with a brief synopsis of the aforementioned discussion, and that
a verbatim transcript be entered into the record (attached as Exhibit "A"). The motion
passed unanimously and Mayor Snyder presented his synopsis of the discussion to
Council in public session. After further discussion, Councilmember Perlow withdrew his
motion and Councilmember Holzberg withdrew his second. A motion to continue this
hearing to the October 2, 1996 Council meeting was offered by Vice Mayor Rogers-
Libert and seconded by Councilmember Cohen. The motion passed unanimously.
B. HEARING NUMBER: 96-8-A00-1: The applicant, Miami Beach Health
Care Group Ltd. requested: (1) zone change from minimum apartment house district,
including an unusual use request for permit parking in a zone more restrictive than the
use it serves; and (2) request to modify the previously approved plans for this site. The
following individuals addressed Council: Clifford Schulman, Esq., 1221 Brickell
Avenue, Miami; Linda Bell, Williams, Hatfield & Stoner, Inc., 4601 Ponce de Leon
Boulevard, Coral Gables; and Norman Leopold, Esq., 20801 Biscayne Boulevard,
Aventura. After brief discussion, a motion to approve the application, subject to the
conditions set forth by County and City Staff, was offered by Vice Mayor Rogers-Libert
and seconded by Councilmember Cohen. The motion passed unanimously.
C. HEARING NUMBER: 96-8-ACC-2. The applicant, Trafalgar Associates of
Aventua, Ltd., requested modification of a previously approved plan to allow for
individual dwelling units. Jeffrey Bercow, Esq., 200 South Biscayne Bouelvard, Miami,
addressed Council. After discussion, a motion was offered by Councilmember Cohen
and seconded by Councilmember Holzberg to approve the application, subject to the
condition that the plans provide that three pools will be built and any change of plans
will be subject to Council approval, and subject to the conditions and recommendations
as provided by City and County staff. The motion passed unanimously.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the July 16,
1996 and August 1, 1996 Council meetings was offered by Vice Mayor Rogers-Libert
and seconded by Councilmember Perlow. The motion passed unanimously and the
minutes were approved as submitted.
5. AGENDA: A motion to continue Agenda Item 8-A until the September 17, 1996
meeting was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Beskin
and unanimously passed.
A motion to defer Agenda Items 11A and 11B was offered by Vice Mayor
Rogers-Libert, seconded by Councilmember Perlow and unanimously passed.
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AUGUST 20, 1996
A motion to defer Agenda Item 1 I-D was offered by Councilmember Beskin,
seconded by Vice Mayor Rogers-Libert and unanimously passed.
A motion to defer Agenda Item 10 was offered by Councilmember Cohen,
seconded by Vice Mayor Rogers-Libert and unanimously passed.
A motion to add to the agenda adoption of a resolution approving appointments
to the Beautification, Recreation and Cultural Arts Advisory Board was offered by Vice
Mayor Rogers-Libert, seconded by Councilmember Beskin and unanimously passed.
6. SPECIAL PRESENTATIONS: None
7. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Vice Mayor Rogers-Libert, seconded by Councilmember Cohen and unanimously
passed. Thus the following action was taken:
The following ordinances were passed on first reading:
A.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE ESTABLISHMENT OF THE CITY'S
CODE ENFORCEMENT PROCESS; PROVIDING FOR
DEFINITIONS; PROVIDING FOR CIVIL OFFENSES AND
PENALTIES; PROVIDING FOR QUALIFICATIONS OF AND
POWERS OF SPECIAL MASTERS; PROVIDING FOR THE
CITY ATTORNEY TO SERVE AS COUNSEL; PROVIDING
FOR AUTHORITY TO INITIATE ENFORCEMENT
PROCEDURES; PROVIDING FOR ENFORCEMENT
PROCEDURES; PROVIDING FOR CONTENTS AND
SERVICE OF WARNINGS AND NOTICES; PROVIDING
FOR RIGHTS OF VIOLATORS; PROVIDING FOR
SCHEDULING AND CONDUCT OF HEARING; PROVIDING
FOR CIVIL PENALTIES AND RECOVERY OF UNPAID
CIVIL PENALTIES; PROVIDING FOR APPEALS OF
SPECIAL MASTER'S ORDER; PROVIDING FOR
SUPPLEMENTAL PROVISIONS; PROVIDING FOR
ADDITIONAL ENFORCEMENT POWERS; PROVIDING
FOR A SCHEDULE OF CIVIL PENALTIES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPLACEMENT
OF CODE ENFORCEMENT PROVISIONS PROVIDED BY
3
AUGUST 20, 1996
METRO DADE COUNTY CODE SEC 8CC, ET. SEQ. AND
PROVIDING FOR AN EFFECTIVE DATE.
B.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, PROVIDING THE INTERIM TERMS AND
CONDITIONS FOR THE OPERATION OF CABLE
TELEVISION SYSTEMS AND THE APPLICATION,
PROCEDURES AND REQUIREMENTS RELATING TO
THE GRANT OF FRANCHISES FOR THE
CONSTRUCTION, INSTALLATION, OPERATION AND
MAINTENANCE OF CABLE TELEVISION SYSTEMS,
EQUIPMENT AND FACILITIES IN, ON, ACROSS, ABOVE
OR THAT IN ANY MANNER WHATSOEVER USE THE
CITY'S PUBLIC RIGHTS OF WAY AND TO ENSURE
THAT USE OF THE CITY'S PUBLIC RIGHTS OF WAYS IS
IN THE PUBLIC INTEREST AND IN CONFORMANCE
WITH APPLICABLE LAW; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING A
SAVINGS CLAUSE AND EFFECTIVE DATE.
C. Resolution No. 96-28 was adopted, as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, APPOINTING THE FIRM OF
KEITH AND SCHNARS, P.A. TO PERFORM GENERAL
PROFESSIONAL ENGINEERING SERVICES;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT FOR PROFESSIONAL
SERVICES; AGREEING TO THE NEGOTIATED SCOPE
OF SERVICES AND FEES CONTAINED IN SAID
AGREEMENT; AND, PROVIDING AN EFFECTIVE DATE.
D. Resolution No. 96-29 was adopted, as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, APPOINTING THE FIRM OF
O'LEARY DESIGN ASSOCIATES, P.A. TO PERFORM
GENERAL PROFESSIONAL LANDSCAPE ARCHITECT
SERVICES; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT FOR
4
AUGUST 20, 1996
PROFESSIONAL SERVICES; AGREEING TO THE
NEGOTIATED SCOPE OF SERVICES AND FEES
CONTAINED IN SAID AGREEMENT; AND, PROVIDING
AN EFFECTIVE DATE.
E. Resolution No. 96-30 was adopted, as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, ESTABLISHING A RANKING
OF FIRMS TO PERFORM AUDITING SERVICES;
AUTHORIZING THE CITY MANAGER OF THE CITY OF
AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO
NEGOTIATE THE SCOPE OF SERVICES AND FEES FOR
SAID SERVICES; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
F. Resolution No. 96-31 was adopted, as follows:
A RESOLUTION OF THE CITY COUNCIL OF AVENTURA,
FLORIDA, AWARDING AND LETTING CONTRACTS FOR
THE CITY'S GROUP INSURANCE PROGRAM TO UNITED
HEALTHCARE PLANS OF FLORIDA FOR POS PLAN 200
(HEALTH INSURANCE), TO EAGLES BENEFITS BY
DESIGN INC. FOR IRS SECTION 125 PLAN
ADMINISTRATION, TO UNUM FOR LONG-TERM
DISABILITY, TO STANDARD INSURANCE FOR LIFE &
ACCIDENTAL DEATH AND DISMEMBERMENT;
AUTHORIZING THE CITY MANAGER OF THE CITY OF
AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO
EXECUTIVE ASSOCIATED CONTRACTS; REJECTING
ALL BIDS FOR DENTAL COVERAGE; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
G. Resolution No. 96-32 was adopted, as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, REQUESTING THAT THE
METROPOLITAN DADE COUNTY BOARD OF COUNTY
5
AUGUST 20, 1996
COMMISSIONERS AUTHORIZE THE TRANSFER OF
TITLE TO THE PROPERTY KNOWN AS TRACT F, PARK
SITE, OF THE MARINA DEL REY PLAT, AS SHOWN ON
EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF, TO THE CITY OF AVENTURA; PROVIDING AN
EFFECTIVE DATE,
H. Resolution No. 96-33 was adopted, as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, ADOPTING THE CITY OF
AVENTURA'S LOGO AS CONTAINED IN EXHIBIT "A";
AND PROVIDING FOR AN EFFECTIVE DATE.
8. PUBLIC HEARINGS:
A. Continued.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
ADOPTING A PORTION OF THE SIGN CODE OF
AVENTURA, FLORIDA PROVIDING FOR THE
REGULATION OF TEMPORARY POLITICAL SIGNS;
PROVIDING FOR REMOVAL OF IMPROPER SIGNS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
PENALTIES; PROVIDING FOR REPLACEMENT OF
COUNTY TEMPORARY POLITICAL SIGN
REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing and there being no speakers, closed
the public hearing. After discussion, a motion was offered by Councilmember Perlow
and seconded by Vice Mayor Rogers-Libert to approve the ordinance, subject to the
following amendments: Section 1.03(b) to provide the inclusion of "without the written
consent of the property owner filed with the City Clerk prior to posting of the sign";
Section 1.03(d) to include "petition method of qualifying"; Section 1.03(g) to include that
the maximum size of any one Temporary Political Sign shall not exceed eight square
feet and the total signable area for Temporary Political Signs located on any single
property shall not exceed 32 square feet per property, with a maximum total aggregate
signable area per candidate for the entire City not to exceed 32 square feet; and a
provision in the fourth "Whereas" clause to include "Restrictive Covenants of
6
AUGUST 20, 1996
Homeowners Association and Master Associations." The motion passed, 6-1, by roll
call vote, with Councilmember Holzberg voting no and Ordinance No. 96-1'1 was
enacted.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, PROVIDING FOR A BUILDING MORATORIUM
ON ISSUANCE OF DEVELOPMENT ORDERS AND
DEVELOPMENT PERMITS UPON CLASS "C"
COMMERCIAL ADVERTISING SIGNS (INCLUDING
BILLBOARDS) WITHIN THE CITY LIMITS OF THE CITY
OF AVENTURA; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPLACEMENT OF MORATORIA
PROVISIONS OF SECTION 33-319, ET SEQ. OF THE
METROPOLITAN DADE COUNTY CODE FOR THE
CLASS "C" SIGN MATTERS ADDRESSED HEREIN.
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. A motion to approve the ordinance was offered by Vice Mayor
Rogers-Libert and seconded by Councilmember Perlow. A motion to amend the
ordinance to provide for a term of 180 days from date of adoption was offered by Vice
Mayor Rogers-Libert, seconded by Councilmember Perlow and unanimously passed.
After roll call vote, the motion to approve was unanimously passed and Ordinance No.
96-12 was enacted.
D. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE ESTABLISHMENT OF
OCCUPATIONAL LICENSE TAX; PROVIDING FOR TERM
OF LICENSES; PROVIDING FOR AFFIDAVIT OF
APPLICANT; PROVIDING FOR LICENSE NOT TO
PROTECT LICENSEE IN COURT PROCEEDINGS;
PROVIDING FOR PENALTIES; PROVIDING FOR
GROUNDS FOR DENIAL; PROVIDING FOR APPEAL
FROM DENIAL OF LICENSE; PROVIDING REVOCATION
OF LICENSE; REQUIRING DISPLAY OF LICENSE;
PROVIDING FOR UNCLASSIFIED CATEGORIES;
REQUIRING OCCUPATIONAL LICENSES FOR BUSINESS
USES CONDUCTED FROM RESIDENTIAL HOMES;
ESTABLISHING OCCUPATIONAL TAX SCHEDULE
7
AUGUST 20, 1996
LICENSE; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPLACEMENT OF OCCUPATIONAL TAX
PROVISIONS PROVIDED BY METRO DADE COUNTY
CODE SEC 8A-224, ET. SEQ. AND AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. The following individuals addressed
Council: Ralph Zakar, 3600 Yacht Club Drive and Jacob Gelfand, 20201 NE 29~h Court,
Aventura. Mayor Snyder closed the public hearing. After discussion, a motion was
offered by Concilmember Perlow and seconded by Councilmember Beskin to approve the
ordinance with the following amendments: Change the word "clairvoyants" to "psychics;"
remove hypnotists to a category of its own at a fee of $170. The motion passed 6-1 by
roll call vote, with Vice Mayor Rogers-Libert voting no and Ordinance No. 96-13 was
enacted.
9. RESOLUTIONS: NONE
10. REPORTS: Deferred.
11. OTHER BUSINESS:
A. Deferred.
B. Deferred.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, PROVIDING THAT A PERSON SHALL NOT
SERVE ON MORE THAN ONE CITY OF AVENTURA
BOARD OR COMMITTEE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion to approve the ordinance was offered by Vice Mayor Rogers-Libert and
seconded by Councilmember Cohen. A motion to amend the ordinance to provide for
deletion of the words "or committee" was offered by Councilmember Perlow, seconded
by Councilmember Berger and unanimously passed. After roll call vote, the motion to
approve passed, 6-1, with Mayor Snyder voting no.
D. Deferred.
8
AUGUST 20, 1996
E. DISCUSSION AND POSSIBLE MOTION TO TAKE ACTION
RELATIVE TO TRAIN WHISTLE BAN.
No action taken by Council.
Mayor Snyder read the names of the nominees to the Beautification, Recreation
and Cultural Arts Advisory Board. A motion to adopt a resolution approving the
nominees was offered by Vice Mayor Rogers-Libert, seconded by Councilmember
Holzberg, and unanimously passed. Thus, Resolution No. 96-34 was adopted, as
follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA BEAUTIFICATION, RECREATION AND
CULTURAL ARTS ADVISORY BOARD; AND PROVIDING
AN EFFECTIVE DATE.
12. PUBLIC COMMENTS: Mr. Sol Kalichman, 20201 NE 29th Court, Aventura,
addressed Council.
13. ADJOURNMENT: There being no further business to come before Council,
after motion made, seconded and passed, the meeting adjourned.
Approved by Council on October 2, 1996.
Anyone wishing to appeal any decision made by the Aventura CiW Council with respect to any matter considered at such
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.
9
1
= ORIGINAL
3
4 IN RE:
5 TURNBERRY ISLE, No. 96-7AACC1
6 Applicant.
7 ........ X
8
9
10 20900 Biscayne Boulevard
Aventura, Florida
11 Tuesday, 6:05 p.m.
August 20, 1996
12
13
15
16 The above-entitled cause came on for
17 hearing before the Aventura City Counsil, pursuant
18 to notice.
19
20
21
22
23
24
25
PEGGY ANN COOK & ASSOCIATES, INC.
(305) 371-1884
2 (Thereupon, the following proceedings
3 were held outside the presence of the council.)
4 MAYOR SNYDER: Let the record reflect
5 we're standing out in the hallway. We have an
6 official court reporter here. We have principals
7 of the two parties, Mr. Grossman, Mr. Grafe, and
8 we have our respective attorneys, and we have a
9 city attorney.
10 Okay. Does anyone wish to give their
11 names or something so there is --
12 MR. GROSSMAN: I think we know each
13 other.
14 MAYOR SNYDER: My suggestion is this. I
15 think that if the applicant would agree to seven
16 stories, the same number of rooms, and spread them
17 out so that you have a seven-story building
18 rather -- and the same as the seven-story building
19 that's the other part, that you can get a
20 unanimous approval of this council. I'm trying to
21 count heads, and I don't know which way this is
22 going to go. I really don't. I'm usually very
23 good at that. But this time I'm not sure. So I
24 think that the number of rooms that are needed are
25 essential, and if we can agree to that, I think
PEGGY ANN COOK & ASSOCIATES, INC.
(305) 371-1884
1 that this council would go along with that.
2 I don't know if I'm speaking with -- If
3 there is no objection, the signs on that,
4 everybody says, "7 okay, 11 no way" mean anything,
5 that then we have done what everybody wants us to
6 do. If you want to take the chance --
7 MR. GROSSMAN: Mr. Mayor, that might be
8 acceptable. However, without seeing plans on how
9 that works out, I don't know that we should commit
10 ourselves.
11 MAYOR SNYDER: It's just an extension
12 away from your building. If it follows the curve,
13 it's going right where the tennis courts are.
14 That's where it's going to -- has to go.
15 MR. BASS: I need to make one procedural
16 point clear to you. Manny is speaking on behalf
17 of the association, which is acting, to my
18 understanding, pursuant to a duly noted meeting to
19 get their position. I don't know if Manny wants
20 to unilaterally commit the association without a
21 resolution from the board. If they want to show
22 us those plans and you want to continue this
23 meeting, let us see what those plans --
24 MAYOR SNYDER: Let me tell you, if I go
25 out there and announce that they are willing to go
PEGGY ANN COOK & ASSOCIATES, INC.
(305) 371-1884
1 seven stories, same number of rooms, you got seven
2 votes right now, okay. If you want to postpone it
3 or anything like that -- This thing has had a full
4 airing, almost three hours. Everybody has had a
5 chance to say what they want, and it appears --
6 And I know I could listen to the council. I know
7 what they are saying. The council is saying that
8 they have no objection to seven stories.
9 Now, if we can all agree upon that, it's
10 a whole lot better than you're not agreeing and
11 then going out and seeing whether the council is
12 convinced. This is only preventing problems in
13 the community.
14 MR. BASS: We clearly don't want to
15 exacerbate --
16 MAYOR SNYDER: Everybody has said seven
17 stories is agreeable, and looking at the plans,
18 it's the same height as the other building
19 Nobody threw it out. Then when Coronado was
20 built, the view is blocked. One building should
21 have said no to the other buildings, we don't want
22 you to build three buildings. We only want one
23 building, because if you're objecting to this, how
24 can you not object to the two buildings that are
25 up alongside it? I mean, they take away
PEGGY ANN COOK & ASSOCIATES, INC.
(305) 371-1884
1 everything.
2 Then there is no logical reason why -- I
3 don't know if you want to do it. If you don't
4 want to do it, tell me. Then we just go back and
5 we take a vote.
6 MR. GRAFE: Well, I'd like to compromise
7 because we are neighbors. We are going to be
8 neighbors. There is still some uncertainty, what
9 is 10 stories or what is 11 stories, because we
10 are sitting on the pool deck in front, and from
11 there it's only 10 stories because we are building
12 a basement, and part of the basement is exposed
13 and --
14 MAYOR SNYDER: Let's put it this way.
15 You cut off four of the top stories and do what
16 you want.
17 MR. GOLDSTEIN: What you are suggesting
18 is building the same height as the other building,
19 whatever that is.
20 MAYOR SNYDER: Whatever that is.
21 MR. GROSSMAN: Ninety-three feet
·
22 MR. GOLDSTEIN: It's 93 feet from the
23 base of 11 and we're at base 7 here, so we just
24 want to come up to the same roof line.
25 MR. SHUBIN: And you won't seek --
PEGGY ANN COOK & ASSOCIATES, INC.
(305) 371-1884
1 MR. BASS: What about the restaurant;
2 do you lose the restaurant?
3 MR. GRAFE: No.
4 MR. GOLDSTEIN: No, but we would agree
5 to all the other conditions on the outdoor
6 seating.
7 MAYOR SNYDER: This council, and I'm
8 going on time and time again, they have no problem
9 with outside seating and it doesn't affect
10 anybody, especially if they say there is no loud
11 speakers. At Hooter's we agreed they had loud
12 speakers, they had to shut down at ten o'clock
13 or --
14 MR. GRAFE: We have guests at 10 feet
15 that spend in excess of $400 a night. We cannot
16 afford to inconvenience them.
17 MR. SHUBIN: Let me tell you, I guess,
18 my reservations in the way of speaking to my
19 client in this context.
20 First of all, in principle, Manny may
21 have objections or no objections to seven stories,
22 93 feet. However, we want to define it. The
23 problem is, if we had assurances, for example,
24 that there wouldn't be additional variances
25 sought, there wouldn't be additional permitting
PEGGY ANN COOK & ASSOCIATES, INC.
(305) 371-1884
1 sought, that this was going to be the end of the
2 saga, that may be something that will help him
3 evaluate whether or not he's making a decision or
4 whether this is something that he could recommend
5 to the people that are supporting him or on whose
6 behalf he's speaking today.
7 I suggest to you that if you deny this
8 without prejudice, for example, and perhaps waive
9 the refiling requirement, we would all be dealing
10 in an area of certainty where we may be able to
11 come hand-in-hand and not have this type of
12 division.
13 The problem is it's difficult for
14 anybody to make a decision in uncertainty. It's
15 difficult for the hotel, it's difficult for -- And
16 I understand the logic of trying to bring both
17 sides together and to do the right thing and to
18 avoid animosity, which is all desirable, but it's
19 difficult to put either side in uncertainty, and
20 maybe either a deferral or denial without
21 prejudice, waiving the refiling fees, et cetera,
22 might be the way in which people can work together
23 from the beginning of the process on an expedited
24 basis.
25 MR. GOLDSTEIN: We would not agree to
PEGGY ANN COOK & ASSOCIATES, INC.
(305) 371-1884
1 that.
2 MAYOR SNYDER: This is going to be
3 resolved tonight. If it's defeated, that's it. If
4 it's approved for 11 stories, that's it. If we
5 compromise, that's it.
6 Everybody had ample opportunity to get
7 together before. For some reason or other it
8 didn't work out. I'm not putting blame on
9 anybody. There has to be finality to everything.
10 This thing came up a month ago and was postponed.
11 It's not going to be postponed anymore. It
12 doesn't want to go through this process again°
13 MR. GROSSMAN: Mayor, I'll ask you as a
14 judge, not as the mayor now. Do I have a right as
15 the president of the condominium, without
16 consultation with my board of directors or unit
17 owners, to make a unilateral decision for 760
18 residents?
19 MAYOR SNYDER: Well, I think if I didn't
20 see hundreds and hundreds of signs that said this,
21 I would say you are right, but when seeing all of
22 these signs, the only reason that anything has
23 changed from these signs is that you found out
24 that only two-story villas were allowed.
25 MR. GROSSMAN: That's right.
PEGGY ANN COOK & ASSOCIATES, INC.
(305) 371-1884
1 MAYOR SNYDER: Well, the group, all
2 of them, when they put on those signs, they say
3 they agreed to seven stories, okay. This is what
4 they --
5 MR. GROSSMAN: They didn't agree. They
6 believed that was what was approved.
7 MR. WOLPIN: That speaks loud, I think,
8 for the rank and file members.
9 MR. BASS: That's what we were led to
10 believe.
11 MAYOR SNYDER: Be that as it may, you
12 can agree to it or not.
13 MR. GROSSMAN: May I have a moment with
14 my attorneys.
15 MAYOR SNYDER: Of course.
16 (Discussion off the record.)
17 MR. GROSSMAN: Mr. Mayor, our
18 additional --
19 MR. SHUBIN: Let me try to summarize,
20 again, recognizing two very important exceptions
21 that I need to put on the record.
22 Mr. Grossman is an individual, and Mr.
23 Grossman, to the extent that he has the ability to
24 speak on behalf of the Coronado association
25 without making a decision as to whether he can or
PEGGY ANN COOK & ASSOCIATES, INC.
(305) 371-1884
0
1 cannot, will agree in principle to the idea of
2 seven stories, but in order to specifically
3 approve the project, he wants to hear as much
4 specificity as possible from the applicants and
5 their attorney about where the grid will be,
6 whether there is a limitation on rooms, and
7 whether or not they will be seeking additional
8 zoning permits from this council in the near
9 future that would allow them to expand the
10 project.
11 MAYOR SNYDER: What do you define as
12 near future?
13 MR. SHUBIN: Let's say five years.
14 MAYOR SNYDER: Is that --
15 MR. GRAFE: I am not authorized to make
16 those kind of decisions. We have a $130 million
17 investment. I cannot --
18 MR. SHUBIN: We represent a number of
19 people beyond the association. Nothing that I'm
20 saying here today is going to be deemed to be any
21 type of a waiver of the legal arguments that we
22 may have regarding hardship on the nonuse variance
23 and the D.I.C.
24 MAYOR SNYDER: That's the chance they
25 have to take.
PEGGY ANN COOK & ASSOCIATES, INC.
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1 MR. SHUBIN: But, Your Honor, from the
2 standpoint of malpractice, I don't want to be
3 seen -- Because we have a court reporter here, I
4 don't want to be seen as waiving an argument if a
5 client that has retained us says you waived an
6 argument that we had at our disposal. That's the
7 only reason I'm --
8 MAYOR SNYDER: I'm going to tell the
9 group that the applicant has agreed to continue
10 the building in its present form, just around the
11 same contour as it is, but is going to continue it
12 to make enough rooms, and that addition to go up
13 to the number of rooms they are asking for, but
14 the height will be the seven stories or the same
15 as the other building, whatever it is.
16 MR. SHUBIN: Will that be 93 feet?
17 MR. GOLDSTEIN: It would be at the same
18 roof line, probably a little bit more than 93 at
19 that location, because it starts at seven feet.
20 MAYOR SNYDER: Well, if it starts at
21 seven, we're talking about a maximum of 97 feet,
22 okay, 97.
23 MR. GOLDSTEIN: The city can set the
24 height, and whatever that particular -- the
25 existing height is, we can live with, whatever
PEGGY ANN COOK & ASSOCIATES, INC.
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1 height the city --
2 MR. BASS: Then you'll be removing a
3 request for modification?
4 MR. GOLDSTEIN: It would be modified
5 only to the extent that the city makes a
6 determination as to the existing height at the
7 roof line of the Magnolia -- the other building.
8 MR. BASS: Those are already approved,
9 and you modified it to have that approved, but
10 just live by the previous modification, which was
11 to that height.
12 MR. GOLDSTEIN: The difference is the
13 base lines where you measure from. If we start at
14 7 feet on this site, because that's flood
15 criteria, the other one was at 11, so there is
16 probably a 4-foot difference.
17 MR. BASS: You'll be seeking a
18 modification in the amount of four feet?
19 MR. GOLDSTEIN: Four-and-a-half, five
20 feet.
21 MAYOR SNYDER: Maximum five feet,
22 whatever it is. It's not any set amount. It's
23 exactly what the other height is, so that it all
24 makes sense.
25 MR. SHUBIN: But, again, as much
PEGGY ANN COOK & ASSOCIATES, INC.
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3
1 precision as possible because, again, Mr. Grossman
2 is in a very delicate position.
3 MAYOR SNYDER: He's not in a delicate
4 position because he's not agreeing to it except as
5 an individual, and certainly not as a portion of
6 Coronado in any way. And you're not agreeing to
7 anything, but you're not opposing it.
8 MR. GROSSMAN: Let the record show I'm
9 speaking as an individual and not speaking for the
10 condominium.
11 MAYOR SNYDER: Absolutely, as an
12 individual, and they are not waiving anything,
13 you're not waiving anything. You're not going to
14 go against it. You're not waiving any of your
15 rights of anything you want to do.
16 MR. SHUBIN: Again, that's an decision
17 that only Manny can make. If Manny wants to
18 potentially suffer -- He has to live with these
19 people.
20 MAYOR SNYDER: He's already made the --
21 (Discussion off the record.)
22 MR. GROSSMAN: I will go along with that
23 if they will agree that once they have this
24 building built or start building it, they will not
25 look for any modifications to this building for
PEGGY ANN COOK & ASSOCIATES, INCo
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1 the next -- for this project for the next 10
2 years.
3 MAYOR SNYDER: Well, if the project
4 doesn't interfere with Coronado, why do you care
5 if they have something that comes up that they
6 need for a park variance or something else on the
7 west side of Country Club Drive?
8 MR. GROSSMAN: I'm speaking in terms of
9 the seven-story building.
10 MAYOR SNYDER: That particular building,
11 there will be no things for five years, no request
12 for any variance in the building, okay?
13 MR. GOLDSTEIN: Now we have to talk.
14 Because no matter what we would have to do, we
15 would have to go to public hearing at that point
16 in time. That's what he's saying, that we can't
17 apply for a public hearing at some point in the
18 future.
19 MR. SHUBIN: Absolutely.
20 MAYOR SNYDER: A seven-story building,
21 if you can't put in sufficient plans that will
22 last for five years, you should get another
23 architect. Excuse me.
24 MR. GOLDSTEIN: There is a condition
25 limiting us from applying for any changes to the
PEGGY ANN COOK & ASSOCIATES, INC.
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1 configuration of that building. Configuration of
2 that height, is that what you are talking about?
3 MAYOR SNYDER: No, any variance on that
4 seven-story building will not be allowed for a
5 five-year period from --
6 MR. GOLDSTEIN: We cannot apply for that
7 five-year period. Can that be limited by a
8 condition --
9 MR. WOLPIN: If you'll agree to that
10 condition, it can. If you cover these --
11 MR. TRAURIG: Suppose we needed a
12 handicap ramp, suppose we need an enclosure for
13 the garbage bins? When you say no modification, I
14 don't think you really intended to limit those
15 functional characteristics.
16 MR. SHUBIN: One, I would assume that
17 when your architects draw the plans today, they
18 are going to make necessary accomodations for
19 garbage bins, ADA, all sorts of handicap
20 com~pliance. What we're concerned about is the
21 floor area ratio, the density, the number of
22 rooms, the height.
23 MR. TRAURIG: That I think we ought to
24 be able to agree to talk about, lot coverage,
25 floor area ratio.
PEGGY ANN COOK & ASSOCIATES, INC.
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1 MR. SHUBIN: Number of units.
2 MR. TRAURIG: Number of units and
3 height. Anything else?
4 MR. SHUBIN: What else is there, width?
5 MR. GOLDSTEIN: No, we have to have the
6 ability to deal with the width in order to design
7 this appropriately.
8 MAYOR SNYDER: That's after you design
9 it, after it's put on --
10 MR. TRAURIG: He's saying after we get a
11 C.O.
12 MR. WOLPIN: Once you get your C.O.,
13 there will be no further change to height, number
14 of rooms, floor area ratio.
15 MR. TRAURIG: I think that's fair.
16 MAYOR SNYDER: Okay, agreed. Let's go.
17 * * * * * * * * *
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PEGGY ANN COOK & ASSOCIATES, INC.
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1 CERTIFICATE
2
3 STATE OF FLORIDA:
SS:
4 COUNTY OF DADE:
5
6 I, KATHLEEN ELMORE, Registered
7 Professional Reporter, State of Florida at Large,
8 do hereby certify that I was authorized to and did
9 report in shorthand the above and foregoing
10 proceedings, and that thereafter my shorthand
11 notes were transcribed and reduced to typewriting
12 under my supervision; and that the pages numbered
13 1 through 16, inclusive, contain an excerpted
14 computer-aided transcription of my shorthand notes
15 taken therein.
16 Done and signed this 12th day of
17 September, 1996, in the City of Miami, County of
18 Dade, State of Florida.
19
KATHLEEN ELMORE, RPR
21
22
23
24
25
PEGGY ANN COOK & ASSOCIATES, INC.
(305) 371-1884
Peggy/~"~ ~
& Associate~,
150 Southeast Second Avenue
Suite 1000
Miami, Ftorida 33131
THERESA SMITH, ESQ.
AVENTURA CITY HALL 09/13/96
~099 N.E. 191ST STREET
SUITE 500
AVENTURA, FL 33180 5528/~°0814
RE: TURNBERRY ISLE, APPLICANT
[KE] 96-7AACC1
08/20/96
AVENTURA CITY COUNCIL MEETING 17 PGS
ORIGINAL. AND ONE COPY (MEETING) 102.00
FEDERAL ID 59-1793991
10~.00