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10-21-1997 Council Meeting MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA TUESDAY, OCTOBER 2'1, '1997 6:00 P.M. COLUMBIA AVENTURA MEDICAL ARTS BUILDING 2'1 '1 '10 BISCAYNE BOULEVARD SUITE '10'1 AVENTURA, FLOR/IDA '1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Arthur I. Snyder. Present were Councilmembers Arthur Berger, Jay R. Beskin, Ken Cohen, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Jeffrey M. Perlow, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorneys Stephen J. Helfman and David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: George Berlin led the pledge of allegiance. 3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M. Ex-parte communications by Council, if any, were disclosed and filed with the City Clerk in accordance with Ordinance 96-09. All witnesses giving testimony in these hearing were sworn in by the City Clerk. A. APPLICANT: MAGEN DAVID CONGREGATION OF FLORIDA, INC. A motion to defer this matter until November 4, 1997 was offered by Councilmember Rogers-Libert, seconded by Councilmember Berger and unanimously passed. B. APPLICANT: AVENTURA MALL VENTURE Mr. Helfman read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA DENYING A SIGN VARIANCE TO PERMIT OFF-PREMISE WALL SIGNS ON THE PARKING GARAGE ADJACENT TO BLOOMINGDALE'S AT THE AVENTURA MALL LOCATED AT '1950'1 BISCAYNE BOULEVARD; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. The following individuals addressed Council: Jaye M. Epstein, Community Development Director; Phil Ward and George Berlin, representatives of the applicant; and Lionel Socolov, 3530 Mystic Point Drive. There being no further speakers, the public headng was closed. A motion to deny the request was offered by Vice Mayor Pedow, seconded by Councilmember Cohen, and unanimously passed. Mr. Helfman read the following resolution by title: A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF AVENTURA, FLORIDA GRANTING A SIGN VARIANCE TO PERMIT A FOURTH WALL SIGN, NO GREATER THAN 53 SQUARE FEET IN AREA, WHERE THREE (3) WALL SIGNS ARE PERMITTED, ON THE BLOOMINGDALE'S BUILDING AT THE AVENTURA MALL LOCATED AT 19501 BISCAYNE BOULEVARD; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. The following individuals addressed Council: Mr. Epstein; Mr. Ward; and Mr. Berlin. There being no further speakers, the public hearing was closed. A motion for approval was offered by Councilmember Berger, seconded by Councilmember Holzberg, unanimously passed, and Resolution No. 97-73 was adopted. C. APPLICANT: AVENTURA SHOPS, INC. Mr. Helfman read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF MULTI-TENANT CENTER SIGN GRAPHICS FOR FACADE SlGNAGE FOR PROPERTY LOCATED AT 3001-3025 AVENTURA BOULEVARD; AND PROVIDING AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. The following individuals addressed Council: Mr. Epstein; and Ira Segai, 8320 SW 92nd Terrace. There being no further speakers, the public hearing was closed. A motion for approval was offered by Councilmember Beskin and seconded by Mayor Snyder. A motion to place this matter on the agenda for the November 10, 1997 Workshop meeting and defer the public hearing until November 18, 1997 was offered by Councilmember Cohen, seconded by Councilmember Rogers-Libert and unanimously passed. 4. APPROVAL OF MINUTES: A motion to approve the minutes of the October 6, 1997 Council Workshop Meeting and October 7, 1997 Council Meeting, with the 2 correction of the spelling of Mr. Wolofsky was offered by Councilmember Rogers- Libert, seconded by Councilmember Berger and unanimously passed. 5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Mayor Snyder requested that item 6 be addressed prior to item 10 and that item 9 be addressed prior to item 6. Councilmember Beskin requested removal of items B and C from the Consent Agenda. 9. PUBLIC HEARINGS: Mr. Helfman read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING PROCEEDINGS PURSUANT TO CHAPTER 74, FLA. STAT. TO PROVIDE FOR ACQUISITION BY QUICK TAKING IN ADVANCE OF FINAL JUDGMENT OF THAT CERTAIN 3.3_+ ACRE PARCEL OF VACANT PROPERTY LOCATED AT THE WEST SIDE OF COUNTRY CLUB DRIVE, SOUTH OF THE WILLIAM LEHMAN CAUSEWAY IN AVENTURA, FLORIDA, PURSUANT TO DETERMINATION MADE BY THE CITY COUNCIL IN RESOLUTION NO. 97-33 THAT THE ACOUISITION OF SUCH PARCEL CONSTITUTES A PUBLIC NECESSITY IN ORDER TO OBTAIN A LOCATION FOR THE GOVERNMENT CENTER FACILITY; CONFiRMiNG COMPLIANCE WITH ALL CONDITIONS PRECEDENT; AUTHORIZING THE CITY MANAGER TO PROVIDE FOR THE DEPOSIT OF FUNDS INTO THE COURT REGISTRY, AS THE CITY'S GOOD FAITH ESTIMATE OF THE FAIR MARKET VALUE OF THE PROPERTY; CONFIRMING AND RATIFYING FINDINGS OF RESOLUTION 97-33 OF THE CiTY COUNCIL; PROVIDING FOR EFFECTIVE DATE. Mayor Snyder opened the public hearing. City Attomey Joseph H. Serota addressed Council. There being no further speakers, the public hearing was closed. A motion for approval was offered by Councilmember Beskin, seconded by Councilmember Cohen, and passed by roll cell vote, with the following amendments: the Memorandum to include the purchase price of the Winn Dixie site; to provide that the letter of intent was signed by the City and the property owner; and to include that this parcel is the only available parcel for purchase feasible for utilization as a Government Center; 3 amendment to the Resolution to define Government Center as set forth in Resolution 97-33. Thus, Resolution No. 97-74 was adopted. 7. SPECIAL PRESENTATIONS: FLORIDA DEPARTMENT OF TRANSPORTATION UPDATE: GRADE SEPARATION - BISCAYNE VII PROJECT Mayor Snyder turned the meeting over to Vice Mayor Perlow. Mr. Soroka introduced Jose Abreu and John Martinez who spoke on behalf of the Florida Department of Transportation. The following individuals spoke: Ruby Steiner, 20301 W. Country Club Drive; Ginger Grossman, 20100 W. Country Club Drive; Mildred Hassack, Biscayne Lakes Gardens; Jack Strick, Tumberry Towers; Charlotte Everett, 20100 W. Country Club Drive; Sidney Calloway, Esq., Fort Lauderdale, representing Pita Plus; Jill Rosenstein, 20505 E. Country Club Drive; George Feffer, Admirals Port; Manny Grossman, 20335 W. Country Club Drive; Stanley Goldberger, Biscayne Lakes Gardens; Bernard Schoenfeld, Country Club Drive; Henry Steckler, 20400 W. Country Club Drive; June Stevens, NE Del Vista Coud; and Donna Dorney, 2791 NE 214th Terrace. The City Manager was directed to place this matter on the next Workshop Agenda for further discussion. 8. CONSENT AGENDA: Mr. Soroka explained each item on the Consent Agenda. A motion for approval was offered by Councilmember Rogers-Libert, seconded by Councilmember Cohen and unanimously passed, thus the following action was taken: A. Mr. Helfman read the following ordinance by title which was approved on first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-25, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1997/98 FISCAL YEAR BY REVISING THE 1997/98 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. D. Mr. Helfman read the following motion which was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $19,600 FOR RADIO EQUIPMENT, CAMERA EQUIPMENT AND COMPUTER UPGRADES FROM THE POLICE FORFEITURE 4 FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. The following items were removed from the Consent Agenda and addressed separately: B. Mr. Helfman read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 97-9-30- 2, AVENTURA BOULEVARD STREETSCAPE AND BISCAYNE BOULEVARD NORTHERN MEDIAN, TO VILA & SON LANDSCAPING CORPORATION AT THE BID PRICE OF $1,347,985.45 AS CONTAINED IN EXHIBIT "A"; 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. Mr. Feffer; Mr. Socolov; Robert Jordan, Commodore Plaza; and William O'Leary spoke relative to this issue. A motion for approval wes offered by Councilmember Rogers- Libert, seconded by Councilmember Beskin, unanimously approved, thus Resolution No. 97-75 was adopted. (Mayor Snyder left the meeting during this discussion prior to the vote). C. Mr. Helfman read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA REPEALING ORDINANCE NO. 96-33 WHICH PROVIDED FOR THE CREATION OF THE CITY OF AVENTURA PLANNING ADVISORY BOARD; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Councilmember Rogers-Libert, seconded by Councilmember Berger and passed (4-2) with Councilmembers Berger and Beskin voting no. 10. RESOLUTIONS: None 5 6. APPOINTMENT OF VICE MAYOR: A motion to appoint Councilmember Beskin as Vice Mayor was offered by Councilmember Rogers-Libert and seconded by Councilmember Holzberg. A motion to appoint Councilmember Cohen as Vice Mayor was offered by Councilmember Berger and seconded by Councilmember Cohen. The motion to appoint Councilmember Beskin as Vice Mayor passed 4-2, with Councilmembers Berger and Cohen voting no. 11. OTHER BUSINESS: MOTION TO APPROVE POLICY FOR TOWN HALL MEETINGS AS OUTLINED IN CITY MANAGER'S MEMORANDUM DATED OCTOBER 1, 1997 A motion for approval was offered by Councilmember Rogers-Libert, seconded by Councilmember Berger and unanimously passed. 12. REPORTS 13. PUBMC COMMENTS: None 14. ADJOURNMENT. There being no further business to come before Council at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 10:15 p.m. Teresa M. Smith, CMC, City C~erk Approved by Council on November 4, 1997. Anyone wishing to appeal any decision mede by the City Council with respect to any matter considered 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. 6