01-02-2001 Commission Meeting MINUTES
Biscayne Medical Arts Center
CITY COMMISSION MEETING =rtl0 Biscayne Boulevard Suite 101
JANUARY 2, 2001 6 PM Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Vice Mayor Jay R. Beskin. Present were Commissioners Arthur Berger, Ken Cohen,
Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Beskin, City
Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorneys Richard Jay
Weiss and Nancy Stroud. Mayor Arthur I. Snyder was absent due to illness. As a
quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Bernie Weinstein led the pledge of allegiance.
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
Ex-parte communications by Commissioners, if any, were disclosed and filed
with the City Clerk in accordance with Ordinance 96-09. All witnesses giving
testimony in these hearings were sworn in by the City Clerk.
A motion was offered by Commissioner Rogers-Libert, seconded by Commissioner
Perlow and unanimously passed to hear item 3B at this time.
B. Ms. Stroud read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE
FROM SECTION 31-172(c)(2) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW ONE NINE (9) FOOT AND ONE 118 FOOT
DRIVEWAY SEPARATION BETWEEN DRIVEWAYS OF MULTI-FAMILY
RESIDENTIAL PARCELS ON COLLECTOR ROADS WHERE A
DRIVEWAY SEPARATION OF 150 FEET IS REQUIRED IN EACH
INSTANCE FOR PROPERTY LOCATED AT 20185 EAST COUNTRY
CLUB DRIVE, AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded by
Commissioner Berger. The following individuals addressed the Commission: Alan
Rosenthal, Esq., representing the applicant, and Burton Ginsburg, President of the
Terraces at Turnberry. At the request of the applicant, a motion for deferral was offered
by Commissioner Rogers-Libert, seconded by Commissioner Berger and unanimously
passed.
A. Ms. Stroud read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA MODIFYING THE APPROVALS GRANTED
THROUGH RESOLUTION NO. 99-39 PASSED AND ADOPTED
AUGUST 3, 1999; TO MODIFY THE PARKING SPACE VARIANCE; TO
DELETE THE CONDITIONAL USE APPROVAL FOR A BANK IN THE
MEDICAL OFFICE DISTRICT; TO MODIFY CONDITION NO. 4 OF
SECTION 4 REQUIRING 8 PARALLEL PARKING SPACES ON EAST
DIXIE HIGHWAY; TO DELETE CONDITION NO. 8 OF SECTION 4
REQUIRING MEDICAL USES NOT TO EXCEED 60% OF THE TOTAL
OFFICE USE IN THE BUILDING, FOR PROPERTY LOCATED ON THE
EAST SIDE OF EAST DIXIE HIGHWAY BETWEEN NE 206 STREET
AND NE 207 STREET, AVENTURA; PROVIDING FOR AN EFFECTIVE
DATE.
Brenda Kelley, Community Development Director, explained the request of the applicant
and entered the staff report into the record. A motion for approval was offered by
Commissioner Rogers-Libert and seconded by Commissioner Berger. Vice Mayor
Beskin opened the public hearing. The following individual addressed the Commission:
Mr. Rosenthal, representing the applicant. There being no further speakers, the public
hearing was closed. An amendment was offered by Commissioner Cohen, seconded
by Commissioner Rogers-Libert and unanimously passed to provide an extension of the
approvals provided in Resolution No. 99-39 for an additional six month period from
February 3, 2001 to August 3, 2001. The motion for approval of the resolution, as
amended, passed unanimously and Resolution 200~1-01 was adopted.
C. Ms. Stroud read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA MODIFYING THE APPROVALS GRANTED
PURSUANT TO RESOLUTION NO. 98-51 PASSED AND ADOPTED
JUNE 15, 1998; TO MODIFY THE MULTI-TENANT SIGN GRAPHICS
FOR CHAMPION RETAIL PLAZA AND COURTYARD MARRIOTT
HOTEL LOCATED AT THE EAST SIDE OF BISCAYNE BOULEVARD
BETWEEN NE 19"1 STREET AND NE 193 STREET, AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
Ms. Kelley explained the request of the applicant and entered the staff report into the
record. A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Holzberg. Vice Mayor Beskin opened the public hearing.
The following individual(s) addressed the Commission: George Berlin, 1940 NE 194
Drive and Philip J. Ward, 2525 SW 3rd Avenue, representing the applicant. There being
no further speakers, the public hearing was closed. The motion for approval passed
unanimously and Resolution 2001-02 was adopted.
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4. APPROVAL OF MINUTES: A motion to approve the minutes of the November 14,
2000 Commission Meeting, November 28, 2000 Commission Meeting, November
28, 2000 Workshop Meeting and December 18, 2000 Commission Meeting was
offered by Commissioner Rogers-Libert and seconded by Commissioner Cohen. An
amendment was offered by Commissioner Rogers-Libert, seconded by
Commissioner Cohen and unanimously passed to clarify the amendment in item 3D
of the November 14, 2000 minutes. Commissioner Berger noted on page 8 of the
November 14, 2000 minutes the clerical error "Vice Mayor Berger" should be "Vice
Mayor Beskin". The motion for approval, as amended, unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: At the
request of Mr. Soroka, a motion to remove item 11 from the agenda was offered by
Commissioner Berger, seconded by Commissioner Rogers-Libert and unanimously
passed.
6. SPECIAL PRESENTATIONS: None.
7. CONSENT AGENDA: Commissioner Cohen requested removal of item 7H,
Commissioner Perlow requested removal of items 7A and 7F, and Vice Mayor
Beskin requested removal of item 7J from the Consent Agenda. A motion to
approve the remainder of the Consent Agenda was offered by Commissioner
Berger, seconded by Commissioner Rogers-Libert, approved by roll call vote (5-0
with Commissioner Cohen absent from the room) and the following action was
taken:
B. Resolution No. 2001-03 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. 00-233-A
FOR PROFESSIONAL DESIGN SERVICES FOR NE 213TM STREET
LIGHTING AND BEAUTIFICATION IMPROVEMENTS BY AND
BETWEEN THE CITY OF AVENTURA AND O'LEARY DESIGN
ASSOCIATES, P.A.; AND PROVIDING AN EFFECTIVE DATE.
C. Resolution No. 2001-04 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF
MEMBERS TO THE CITY OF AVENTURA BEAUTIFICATION
ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE.
D. Resolution No. 2001-05 was adopted as follows:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE CITY OF SUNNY ISLES BEACH FOR LAW
ENFORCEMENT ACTIVITIES; 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. 2001-06 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AVENTURA FOURTEENTH
ADDITION, BEING A REPLAT OF LOTS 1 TO 8 INCLUSIVE, BLOCK 2
AND A PORTION OF TRACT A-13, AVENTURA THIRTEENTH
ADDITION, PLAT BOOK 146, PAGE 53, LYING IN THE SW % OF
SECTION 35, TOWNSHIP 51 SOUTH, RANGE 42 EAST AND THE NW
¼ OF SECTION 2, TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF
AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
G. Resolution No. 2001-07 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE TOWN OF GOLDEN BEACH FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
I. Mr. Weiss read the following ordinance which was adopted on first
reading:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2000-25, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 200012001 FISCAL
YEAR BY REVISING THE 2000/2001 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;
PROVIDING FOR AN EFFECTIVE DATE.
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The following items were removed from the Consent Agenda and addressed
separately:
A. Mr. Weiss read the following motion:
MOTION TO ADOPT 2001 LEGISLATIVE PROGRAMS AND
PRIORITIES IN ACCORDANCE WITH CITY MANAGER'S
MEMORANDUM DATED NOVEMBER 30, 2000
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Berger. An amendment was offered by Commissioner Perlow,
seconded by Commissioner Holzberg and unanimously passed to include an
additional item to urge the State Legislature to provide for improved method for
all votes to be counted and establish consistent standards for evaluation. The
motion, as amended, passed unanimously.
F. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 99-13, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 1999/2000 FISCAL
YEAR BY REVISING THE 1999/2000 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;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Holzberg. Mr. Soroka noted an error in the spreadsheet
attachment and distributed a corrected copy. A motion to include the amended
exhibit was offered by Commissioner Cohen, seconded by Commissioner Perlow
and unanimously passed. The motion for approval, as amended, passed
unanimously by roll call vote.
H. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 00-10-26-2 BANDSTAND AT FOUNDERS PARK AT THE
BID PRICE OF $306,529 TO BRC CONSTRUCTION CO., INC;
AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED
CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS
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OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION
AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and
seconded by Commissioner Berger. A motion to defer this matter for
further discussion at the January Workshop was offered by Commissioner
Cohen, seconded by Commissioner Holzberg and unanimously passed.
J. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING CONTRACT FOR RFQ NO. 00-11-
22-2, CHARTER SCHOOL ASSESSMENT/FEASIBILITY STUDY, TO
CHARTER SCHOOLHOUSE DEVELOPERS, INC.; 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; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Perlow and seconded
by Commissioner Rogers-Libert. After discussion, the motion passed
unanimously by roll call vote and Resolution No. 2001-08 was adopted.
8. PUBLIC HEARING: ORDINANCES - FIRST READING: None.
9. PUBLIC HEARING: ORDINANCES - SECOND READING:
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE OF THE CITY OF AVENTURA BY CREATING
SECTION 48-20 "PROHIBITION OF RIGHT-OF-WAY VENDORS AND
SOLICITORS ON CERTAIN ROADS" OF ARTICLE II "USE OF RIGHT-
OF-WAY; PARKING; OTHER REGULATIONS" OF CHAPTER 48
"VEHICLES; USE OF RIGHT-OF-WAY; PARKING; AND OTHER
REGULATIONS;" PROHIBITING RIGHT-OF-WAY VENDORS AND
SOLICITORS ON CERTAIN STREETS IN THE CITY; CREATING A
DEFINITION FOR THE TERM "RIGHT-OF-WAY VENDOR AND
SOLICITOR;" PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING FOR
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and
seconded by Commissioner Cohen. Vice Mayor Beskin opened the public
hearing. The following individuals addressed the Commission: Sean
Cononie, 7508 Grant Court, Hollywood; Kevin Emerson, 2711 Lincoln
Street, Hollywood; Mr. Weinstein; Ron Williamson, 1400 17th Avenue,
Hollywood. There being no further speakers, the public hearing was
closed. A motion to defer this matter for further discussion at the January
Workshop and continued for second reading at the February Commission
meeting was offered by Commissioner Rogers-Libert, seconded by
Commissioner Holzberg and unanimously passed.
B. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
APPROVING AN AGREEMENT FOR EXCHANG£ OF PARCELS
B£TWE£N THE CITY OF AVENTURA AND CONCORDE CENTRE II
ASSOCIATES; AUTHORIZING THE CITY MANAGER TO FINALIZE
AND EXECUTE THE AGREEM£NT; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and
seconded by Commissioner Rogers-Libert. Vice Mayor Beskin opened
the public hearing. There being no speakers, the public hearing was
closed. The motion for approval passed unanimously by roll call vote and
Ordinance No. 2001-01 was adopted.
10. RESOLUTIONS: None.
11. OTHER BUSINESS:
DISCUSSION REGARDING CHARTER REVISION COMMISSION
MEMBERSHIP
(Removed)
Mr. Weiss requested that an Executive Session be scheduled to discuss pending
litigation in the Mutchnick matter.
12. PUBLIC COMMENTS: The following individual addressed the Commission:
Ted Holzberg, 19500 Turnberry Way.
'13. REPORTS: As presented.
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14. ADJOURNMENT: There being no further business to come before the
Commission at this time, after motion made, seconded and unanimously passed,
the meeting adjourned at 7:30 p.m.
Approved by the Commission on February 6, 2001.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
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.
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