04-03-2001 Commission MeetingAx rltC yof MINUTES Aventura Government Center
'[,~ CITY COMMISSION MEETING 19200 w. country Club Drive
APRIL 3, 2001 6 PM Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:04 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Ken Cohen,
Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Jay R. Beskin,
Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City
Attorney David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE: William Landa led the pledge of allegiance.
3. ZONING HEARINGS:
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.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR
AVENTURA TIRE & AUTO SERVICE CENTER, INC., LOCATED AT
20307 BISCAYNE BOULEVARD, TO ALLOW THE EXISTING SECOND
WALL SIGN ON THE NORTH ELEVATION WITH AN AREA OF 44
SQUARE FEET, WHERE 30 SQUARE FEET IS PERMI'VI'ED BY CODE
FOR A SECOND WALL SIGN AT 50% OF THE PRIMARY SIGN FOR A
THROUGH LOCATION; APPROVING A SIGN VARIANCE TO ALLOW
THE EXISTING THIRD WALL SIGN ON THE SOUTH ELEVATION WITH
AN AREA OF 40 SQUARE FEET, WHERE TWO WALL SIGNS ARE
PERMITTED FOR A THROUGH LOCATION; DENYING A SIGN
VARIANCE TO ALLOW THE EXISTING POLE SIGN, WITH PROPOSED
MODIFICATIONS, AT THE SOUTHEAST CORNER OF THE PROPERTY
WITH AN AREA OF 336 SQUARE FEET, WHERE POLE SIGNS ARE
PROHIBITED BY CODE; DENYING A SIGN VARIANCE TO PERMIT
A NEW FOURTH WALL SIGN ON THE NORTH ELEVATION WITH AN
AREA OF 60 SQUARE FEET, WHERE TWO WALL SIGNS ARE
PERMITTED FOR A THROUGH LOCATION; PROVIDING AN
EFFECTIVE DATE.
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. Mayor Perlow opened the
public hearing. The following individuals addressed the Commission: Jeff
Kranitz, and Steve Kranitz, representing the applicant; Richard Allen, Esq., 150
West Flagler Street, and Dave Siegel, representing Promenade Shops. There
being no further speakers, the public hearing was closed. A motion for approval
was offered by Commissioner Rogers-Libert and seconded by Commissioner
Grossman. A motion to table this matter for 3 months, with abatement of any
code enforcement proceedings during this period, was offered by Commissioner
Cohen, and seconded by Commissioner Rogers-Libert. The motion to table
failed, 3-4, with Commissioners Cohen, Holzberg and Grossman voting yes and
Commissioners Berger, Rogers-Libert, Vice Mayor Beskin and Mayor Perlow
voting no. Mayor Perlow passed the gavel to Vice Mayor Beskin. A motion was
offered by Mayor Perlow and seconded by Commissioner Rogers-Libert to
amend the Resolution to deny the pole sign and grant a monument sign not to
exceed 15' in height, subject to final approval by Commission; upon installation
of monument sign, wall sign on south facing stating "Aventura Tire & Auto
Service Center, Inc." be removed; existing other sign on south side be
approved; sign on north side "Foreign/Domestic Auto Center" be approved; and
that this action shall not be prejudicial to the Shopping Center in their future sign
requests. Vice Mayor Beskin passed the gavel back to Mayor Perlow. A motion
to table this request for 6 months was offered by Vice Mayor Beskin, seconded
by Commissioner Holzberg and passed 4-3, with Commissioners Berger,
Rogers-Libert and Mayor Perlow voting no. A motion was offered by
Commissioner Rogers-Libert and seconded by Commissioner Cohen to provide
for abatement of code enforcement proceedings during the six-month period or
until such time as a sign package for the entire Shopping Center is submitted by
Promenade Shops, whichever shall occur first. The motion passed 6-1 with
Commissioner Holzberg voting no.
4. ELECTION OF VICE MAYOR: A motion to nominate Ken Cohen as Vice Mayor for
the next 6-month period was offered by Commissioner Holzberg, seconded by Vice
Mayor Beskin and unanimously passed.
5. APPROVAL OF MINUTES: A motion to approve the minutes of the March 13, 2001
Commission Meeting, and March 27, 2001 Commission Workshop was offered by
Commissioner Rogers-Libert, seconded by Commissioner Berger and unanimously
passed.
6, AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: A motion
to add the following Resolution to the agenda for consideration as item 11 was
offered by Commissioner Beskin, seconded by Vice Mayor Cohen and passed, 5-2,
with Commissioner Rogers-Libert and Mayor Perlow voting no.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA RESCINDING RESOLUTION NUMBER 2000-16 AND RESOLUTION
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NUMBER 2000-75, WHICH HAD SUPPORTED THE OPENING OF THE
RAILROAD CROSSING AND HAD AUTHORIZED THE CITY MANAGER TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY,
TURNBERRY ASSOCIATES AND FLORIDA EAST COAST RAILWAY, LLC,
RELATING TO THE RAILROAD CROSSING AT NORTHEAST 199TM STREET;
AND PROVIDING AN EFFECTIVE DATE.
7. SPECIAL PRESENTATIONS: None.
8. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Rogers-Libert, seconded by Vice Mayor Cohen, unanimously passed
and the following action was taken:
A. Resolution No. 2001-22 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF DAN
EICHMANN TO THE CITY OF AVENTURA BEAUTIFICATION
ADVISORY BOARD IN ORDER TO FILL A VACANCY; AND
PROVIDING AN EFFECTIVE DATE.
B. Resolution No. 2001-23 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 CHANGE ORDER FOR THE AVENTURA GOVERNMENT
CENTER, BY AND BETWEEN THE CITY AND JAMES A. CUMMINGS,
INC; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
C. The following motion was approved:
MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER
30, 2000
D. The following motion was approved:
MOTION TO APPROVE CHARTER SCHOOL ACTION PLAN IN
ACCORDANCE WITH CITY MANAGER'S MEMORANDUM DATED
MARCH 28, 2001
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9. PUBLIC HEARING: ORDINANCES - FIRST READING: None.
10. PUBLIC HEARING: ORDINANCES- SECOND READING: None.
11. RESOLUTIONS:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, RESCINDING RESOLUTION NUMBER 2000-
16 AND RESOLUTION NUMBER 2000-75, WHICH HAD SUPPORTED
THE OPENING OF THE RAILROAD CROSSING AND HAD
AUTHORIZED THE CITY MANAGER TO EXECUTE A MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY, TURNBERRY
ASSOCIATES AND FLORIDA EAST COAST RAILWAY, LLC,
RELATING TO THE RAILROAD CROSSING AT NORTHEAST 199TH
STREET; AND PROVIDING AN EFFECTIVE DATE.
In consideration of correspondence from Gus Pego, PE Director of Operations
for Florida Department of Transportation, a motion to table for further review was
offered by Commissioner Berger and seconded by Commissioner Grossman.
The motion failed, 3-4, with Commissioners Berger, Grossman and Mayor Perlow
voting yes and Commissioners Holzberg, Rogers-Libert, Beskin and Vice Mayor
Cohen voting no. A motion to adopt the resolution was offered by Commissioner
Beskin and seconded by Vice Mayor Cohen. The following individuals
addressed the Commission: Don Soffer, Turnberry Associates; Chief William
McDonald, Miami-Dade County Fire Department; George Berlin, representing
Turnberry Associates; William Landa, Country Club Drive; Emil Hub$chman,
Aventura Chamber of Commerce. A motion to table this matter for discussion at
a Special Workshop Meeting was offered by Commissioner Rogers-Libert, and
seconded by Mayor Perlow. The motion failed, 3-4, with Mayor Perlow, and
Commissioners Berger and Rogers-Libert voting yes, and Commissioners
Beskin, Grossman, Holzberg and Vice Mayor Cohen voting no. The motion for
approval of the Resolution passed 4-3, with Commissioners Beskin, Grossman,
Holzberg and Vice Mayor Cohen voting yes, and Commissioners Berger,
Rogers-Libert and Mayor Perlow voting no and Resolution 2001-24 was
adopted.
12. OTHER BUSINESS: None.
13. PUBLIC COMMENTS: None.
14. REPORTS: None.
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15. ADJOURNMENT: There being no further business to come before the
Commission at this time, after motion made, seconded and unanimously p~.ssed, the
meeting adjourned at 8:30 p.m. /
· ' ~/
TereSa M. Soroka, ~ti lC, City Clerk
Approved by the Commission on May 1,2001.
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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