03-17-1998 Commission Meeting MINUTES
CITY COMMISSION MEETING
TUESDAY, MARCH 17, '1998 6:00 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 6:00 p.m. by
Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Ken Cohen,
Harry Holzberg, Jeffrey M Perlow, Patricia Rogers-Libert, Vice Mayor Jay R. Beskin,
Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City
Attorneys Richard Jay Weiss and David M. Wolpin. As a quorum was determined to
be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Chief Patricia Frosch 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
this hearing were sworn in by the City Clerk.
A. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A DELETION OF PREVIOUSLY
APPROVED PLANS AND DEVELOPMENT CONDITIONS AS
PROVIDED BY RESOLUTION NO. 4~AB-95-89; APPROVING A
MODIFICATION OF CONDITION #2 OF RESOLUTION Z-50-69 PASSED
AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS ON
THE 20TM DAY OF FEBRUARY, '1969, AS FURTHER MODIFIED BY
RESOLUTION 4~_.AB-278~7 PASSED AND ADOPTED BY THE
ZONING APPEALS BOARD ON THE 29TM DAY OF JULY, 1987, ONLY
AS IT APPLIES TO THE SUBJECT PROPERTY, TO PROVIDE THE
NEW PLAN OF DEVELOPMENT; APPROVING A MODIFICATION OF
RESOLUTION NO. 4~:AB-278~7 REQUIRING '1.25 PARKING SPACES
PER UNIT WHERE A PROVISION OF 1.07 PARKING SPACES PER
UNIT IS PROPOSED; GRANTING A SPECIAL EXCEPTION TO PERMIT
A MULTI-FAMILY DEVELOPMENT FOR THE ELDERLY; GRANTING
AN UNUSUAL USE TO PERMIT A HOME FOR THE AGED; GRANTING
AN UNUSUAL USE TO PERMIT A NURSING HOME; GRANTING AN
UNUSUAL USE TO PERMIT AN ENTRANCE FEATURE AND MORE
SPECIFICALLY, A GUARDHOUSE FOR PROPERTY LOCATED AT
THE NORTHEAST CORNER OF WEST COUNTRY CLUB DRIVE AND
THE WILLIAM LEHMAN CAUSEWAY; PROVIDING AN EFFECTIVE
DATE.
Community Development Planner Brenda Kelley explained the request of the
applicant. Mr. Soroka read an additional condition proposed for inclusion in the
approval of this application providing that applicant shall obtain a Certificate of Use
and Occupancy from and promptly renew the same annually with the City of
Aventura upon compliance with all terms and conditions of approval granted. If the
approved use of the property shall cease, the applicant shall comply with the then
applicable parking requirements for any new use of the property unless a variance of
said requirements is approved by the Commission. Mayor Snyder opened the public
hearing. The following individuals addressed the Commission: Clifford Schulman,
Esq., 1221 Brickell Avenue and Jerry Falcon, 200 West Madison Street, Chicago, IL,
representing the applicant. There being no further speakers, the public hearing was
closed. An amendment was offered by Commissioner Perlow, seconded by
Commissioner Rogers-Libert and unanimously approved to include an additional
condition that appropriate signage be located at the fire lane to the south of the
development to restrict traffic to emergency and moving vehicles only. A motion for
approval of the request, as amended, was offered by Commissioner Cohen,
seconded by Commissioner Rogers-Libert, unanimously passed and Resolution
No. 98-27 was adopted.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the March 3, 1998
Council Meeting was offered by Commissioner Perlow and seconded by
Commissioner Rogers-Libert. Commissioner Rogers-Libert requested that page 2
reflect that Michael Snyder represented the applicant in the zoning hearing and that
it was Commissioner PerloWs suggestion concerning the welfare to wages program
implementation. The minutes, as amended, were unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None
6. SPECIAL PRESENTATIONS: None.
7. CONSENT AGENDA: Commissioner Cohen requested removal of item 7.B,
Commissioner Berger requested removal of items 7.D and 7.E. and Commissioner
Rogers-Libert requested removal of item 7.F all from the Consent Agenda.
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A motion to approve the Consent Agenda was offered by Commissioner Rogers-
Libert, seconded by Commissioner Perlow, unanimously passed and the following
action was taken:
A. Resolution No. 98-28 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING RESOLUTION 96-38 WHICH DID
ADOPT A FEE SCHEDULE FOR BUILDING PERMITS; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
C. Resolution No. 98-29 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTON
RESULTS OF THE MARCH 10, 1998 MUNICIPAL SPECIAL ELECTION,
AS CERTIFIED BY THE CITY CLERK AND ATTACHED HERETO;
PROVIDING AN EFFECTIVE DATE.
8. PUBLIC HEARINGS: ORDINANCES - FIRST READING
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY CREATING CHAPTER 4 OF THE CITY CODE
"ALCOHOLIC BEVERAGES"; PROVIDING FOR THE REGULATION OF
HOURS AND DAYS OF SALE AND LOCATION OF PLACE OF
BUSINESS FOR SALE OF ALCOHOLIC BEVERAGES; PROVIDING
FOR DEFINITIONS; REPLACING COUNTY ZONING RESTRICTIONS
ON HOURS AND DAYS OF SALE AND LOCATION OF PLACE OF
BUSINESS, MAINTAINING COUNTY ZONING DISTRICT
REGULATIONS; PROVIDING FOR REGULATION OF CONDUCT
CONCERNING HOURS AND DAYS OF SALE; PROVIDING FOR
INSPECTIONS; PROVIDING FOR SEVERABILITY, PENALTY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. The following individuals addressed the
Commission: Robert Jordan, Commodore Plaza; Tom Catticcio, owner of Apache
Bar and Grill; and Sy Chadroff, Esq. There being further no speakers, the public
hearing was closed. An amendment was offered by Commissioner Berger,
seconded by Commissioner Cohen and unanimously passed to amend Section 4-
3(a) to delete the prohibition of sale of alcoholic beverages on Sunday. An
amendment was offered by Vice Mayor Beskin, seconded by Commissioner Berger
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and unanimously passed to change the world "church" to religious facility; to amend
Section 4-2B(1) to reflect the measurement to be from the front door of the proposed
place of business to the nearest point of the grounds of the religious facility; and to
include squash court facilities in 4-2E(9). An amendment was offered by
Commissioner Rogers-Libert, seconded by Commissioner Perlow and unanimously
passed to provide a definition for "school"; to provide that alcoholic beverages sold in
establishments included in 4-2E be consumed on premises and not purchased for
taking off premises; and 4-2(I) be changed to reflect 30 days instead of 60. A motion
for approval, as amended, was offered by Commissioner Rogers-Libert, seconded
by Commissioner Cohen and unanimously passed by roll call vote.
The following items were removed from the Consent Agenda and addressed
separately:
7.B. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE A, I ACHED FIRST MODIFICATION OF SHOPPING
CENTER LEASE AGREEMENT DATED DECEMBER 1, 1996 FOR THE
POLICE STATION OPERATIONS; AND PROVIDING AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Rogers-Libert, seconded by
Commissioner Holzberg, unanimously passed and Resolution No. 98-30 was
adopted.
7.D. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED
CABLE FRANCHISE AGREEMENT BY AND BETWEEN THE CITY AND
COMCAST CABLEVISION OF BROWARD COUNTY, INC.;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE.
Ila Feld, Esq., addressed the Commission. A motion for approval was offered by
Commissioner Rogers-Libert, seconded by Vice Mayor Beskin and unanimously
passed.
8. PUBLIC HEARINGS: ORDINANCES- FIRST READING
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
ORDINANCE NO. 97-20 WHICH PROVIDED THE TERMS AND
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CONDITIONS FOR THE OPERATION OF CABLE TELEVISION
SYSTEMS AND PROCEDURES RELATING TO THE GRANT OF
FRANCHISES; AMENDING SECTION 14.B, SECTION 15.G, SECTION
16.C, SECTION 18.E, F, G ,K, AND S; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR A SAVINGS
CLAUSE AND PROVIDING AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. A motion for approval was offered by Commissioner Rogers-
Libert, seconded by Vice Mayor Beskin and unanimously passed by roll cell vote.
7.E. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA REPEALING
ORDINANCE NO. 98-02 WHICH ESTABLISHED A RESIDENCY
POLICY FOR UTILIZATION OF AVENTURA FOUNDERS PARK TO
PROVIDE PRIORITY TO CITY RESIDENTS AND ESTABLISHED A FEE
SCHEDULE FOR NON-RESIDENTS; AUTHORIZING THE CITY
MANAGER TO ESTABLISH, BY ADMINISTRATIVE POLICY, FEE
SCHEDULES FOR PARK OR PARK FACILITIES USAGE; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion to table this item was offered by Commissioner Cohen and seconded by
Commissioner Rogers-Libert. The motion failed 1-6, with Commissioner Cohen
voting yes and Commissioners Berger, Rogers-Libert, Holzberg, Perlow, Vice Mayor
Beskin and Mayor Snyder voting no. The following individuals addressed
Commission: Leonard Brenner, 19355 Tumberrry Way; Ginger Grossman, Bona
Vida; ltv Schwartz, 19555 NE 37 Avenue; Robert Stevens, Mystic Point; Mr. Jordan;
George Berlin, Turnberry Associates; Donald Brodey, Williams Island; Charlotte
Everett, Bona Vida; June Stevens, Del Vista Townhomes; Walter Erickson, 20355
NE 34th Court; Art Grossman, Bona Vida; Harry Crook, Commodore Plaza; and Paul
Libert, La Mirage. A motion for approval was offered by Vice Mayor Beskin and
seconded by Commissioner Cohen. An amendment was offered by Commissioner
Rogers-Libert to strike section 2 and the last half of the second whereas clause.
The motion died for lack of second. The motion for approval of the ordinance failed
2-5, by roll call vote, with Commissioner Cohen and Vice Mayor Beskin voting yes
and Commissioners Rogers-Libert, Berger, Holzberg, Perlow and Mayor Snyder
voting no.
7.F. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA URGING THE STATE LEGISLATURE TO
CONTINUE FUNDING FOR ADULT EDUCATION CLASSES; URGING
THE MIAMI-DADE COUNTY SCHOOL BOARD TO CONTINUE ADULT
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EDUCATION CLASSES AS PRESENTLY OFFERED; AND PROVIDING
AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Beskin, seconded by
Commissioner Berger, unanimously passed and Resolution 98-31 was adopted.
9. PUBLIC HEARINGS: ORDINANCES- SECOND READING
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
EXTENDING THE DURATION OF THE EXISTING BUILDING
MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND
DEVELOPMENT PERMITS WITHIN THE MARINA AREA AND THE
HOSPITAL AREA, AS PREVIOUSLY IMPOSED PURSUANT TO
ORDINANCE NO. 97-22 OF THE CITY OF AVENTURA; BY AMENDING
SECTION 8 "TERM" OF ORDINANCE NO. 97-22 TO PROVIDE FOR
EXTENSION OF SUCH MORATORIUM, SO AS TO ENABLE CITY'S
COMPREHENSIVE PLAN TO BE COMPLETED AND IMPLEMENTED;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. A motion for approval was offered by Commissioner Rogers-
Libert, seconded by Vice Mayor Beskin, unanimously passed by roll call vote and
Ordinance No, 98-08 was enacted.
B. 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.
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. A motion for approval was offered by Commissioner Rogers-
Libert, seconded by Commissioner Holzberg, unanimously passed by roll call vote
and Ordinance No. 98-09 was enacted.
10. OTHER BUSINESS: None
11.REPORTS: As presented.
12. PUBLIC COMMENTS. The following individuals addressed the Commission: Mr.
Crook; and Mr. Jordan.
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13. 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 9:!5 p.m.
Teresa M. Smith, CMC, City Clerk
Approved by the Commission on April 7, 1998.
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 if made, which record includes the testimony and evidence upon which
the appeal is to be based.
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