04-07-1998 Commission Meeting MINUTES
CITY COMMISSION MEETING
TUESDAY, APRIL 7, '1998 6:00 P.M.
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
Attorney Richard Jay Weiss. As a quorum was determined to be present, the
meeting commenced.
2. PLEDGE OF ALLEGIANCE: Mr. Steiner 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, GRANTING A NON-USE VARIANCE TO
INSTALL AN EQUIPMENT SHELTER WHICH EXCEEDS THE
ALLOWED HEIGHT FOR ROOFTOP TELECOMMUNICATION
EQUIPMENT AT 2875 NE 191 STREET, AVENTURA, FLORIDA;
ALLOWING FOR AN EFFECTIVE DATE.
Community Development Planner Brenda Kelley explained the request of the
applicant. Mayor Snyder opened the public hearing. The following individual
addressed the Commission: Ron Engele, 6700 N. Andrews Avenue, Suite 700, Ft.
Lauderale, representing the applicant. There being no further speakers, the public
hearing was closed. A motion for approval of the request was offered by
Commissioner Perlow and seconded by Commissioner Cohen. A motion to defer
this item until April 21, 1998 was offered by Commissioner Cohen, seconded by
Commissioner Rogers-Libert and unanimously passed.
Mayor Snyder passed the gavel to Vice Mayor Beskin. Mayor Snyder and
Commissioner Perlow left the meeting at this time.
B. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF PROPERTY CURE
FOR EMINENT DOMAIN PROCEEDINGS FOR PROPERTY LEGALLY
DESCRIBED IN EXHIBIT #1 AND COMMONLY KNOWN AS "COVE OF
BISCAYNE SHOPPING CENTER"; GRANTING A NON-USE VARIANCE
OF SETBACK REQUIREMENTS TO WAIVE ELEVEN FEET (11') OF
THE REQUIRED TWENTY FOOT (20') FRONT SETBACK WHERE A
NINE (9') FOOT FRONT SETBACK IS PROPOSED (BISCAYNE
BOULEVARD); GRANTING A NON-USE VARIANCE OF OPEN SPACE
REQUIREMENTS TO WAIVE 2.1% OF THE REQUIRED 12.6% OPEN
SPACE WHERE 10.5% OPEN SPACE IS PROPOSED; PROVIDING AN
EFFECTIVE DATE.
Community Development Planner Brenda Kelley explained the request of the
applicant. Vice Mayor Beskin opened the public hearing. The following individuals
addressed the Commission: Michael Snyder, Esq., 20803 Biscayne Boulevard,
representing the applicant; Charles Putman, 4722 NW 2nd Avenue, Boca Raton;
Lillian Valdespino, 1000 NW 111 Avenue Suite 6219, Counsel for FDOT; Harriett
Bronstein, 3500 Mystic Point Drive; and Brian Patchen, Esq., 2068 N. Bay Road,
Miami Beach. There being no further speakers, the public hearing was closed. A
motion for approval of the request was offered by Commissioner Berger and
seconded by Commissioner Cohen. A motion for deferral was offered by
Commissioner Berger and died for lack of second. The motion for approval died, 1-4
by roll call vote, with Commissioner Cohen voting yes, Commissioners Berger,
Rogers-Libert, Holzberg and Vice Mayor Beskin voting no, and Mayor Snyder and
Commissioner Perlow absent. A motion to Waive the refiling deadline was offered by
Commissioner Berger, seconded by Commissioner Rogers-Libert and unanimously
passed.
Mayor Snyder and Commissioner Perlow returned to the meeting. Mayor Snyder
assumed the gavel.
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4. APPOINTMENT OF VICE MAYOR: A motion was offered by Mayor Snyder,
seconded by Commissioner Rogers-Libert and unanimously passed to appoint
Commissioner Cohen as the next Vice Mayor effective May 1, 1998.
5. APPROVAL OF MINUTES: A motion to approve the minutes of the March 17, 1998
Commission Meeting, the March 24, 1998 Commission Workshop and the March 30,
1998 Town Hall Meeting was offered by Commissioner Cohen and seconded by
Commissioner Rogers-Libert. Vice Mayor Beskin requested correction of the
spelling of Attorney Chadroff's name in the minutes of the March 17, 1998 meeting.
The minutes, as amended, were unanimously approved.
6. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None
7. SPECIAL PRESENTATIONS: None.
8. CONSENT AGENDA: Commissioner Cohen requested removal of item 8.A.,
Commissioner Rogers-Libert requested removal of item 8.D. and Vice Mayor Beskin
requested removal of item 8.F., all from the Consent Agenda.
A motion to approve the items remaining on the Consent Agenda was offered by
Commissioner Rogers-Libert, seconded by Commissioner Cohen, unanimously
passed and the following action was taken:
B. Resolution No. 98-32 wes 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 RECREATION AND
CULTURAL ARTS ADVISORY BOARD; AND PROVIDING AN
EFFECTIVE DATE.
C. Resolution No. 98-33 wes adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPOINTING THE FIRM OF C.A.P.
ENGINEERING CONSULTANTS, INC. TO PERFORM BUILDING
INSPECTION AND PLAN REVIEW PROFESSIONAL CONSULTANT
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.
G. The following motion was approved:
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MOTION AUTHORIZING THE APPROPRIATION OF UP TO $39,000
FOR SWAT TEAM EQUIPMENT FROM THE POLICE FORFEITURE
FUND IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM
E. Mr. Weiss read the following ordinance by title, which was passed on first
reading by roll call vote:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; PROVIDING
FOR THE SEMI-ANNUAL APPOINTMENT OF VICE-MAYOR;
PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
The following items were removed from the Consent Agenda and addressed
separately:
A. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT
OF TRANSPORTATION AND MIAMI-DADE COUNTY PUBLIC WORKS
DEPARTMENT TO STUDY THE FEASIBILITY OF CONNECTING THE
WILLIAM LEHMAN CAUSEWAY WITH DIXIE HIGHWAY IN ORDER TO
IMPROVE TRAFFIC CIRCULATION AND REDUCE TRAFFIC AT THE
INTERSECTIONS OF IVES DAIRY ROAD AND BISCAYNE
BOULEVARD; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Perlow and seconded by
Commissioner Holzberg. An amendment was offered by Commissioner Cohen,
seconded by Commissioner Rogers-Libert and unanimously passed to include in
the study the widening of Dixie Highway and to further identify Dixie Highway as
West Dixie Highway. The motion for approval, as amended, passed
unanimously and Resolution No. 98-34 was adopted.
D. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE 98-02 WHICH
ESTABLISHED A RESIDENCY POLICY FOR UTILIZATION OF
AVENTURA FOUNDERS PARK; BY AMENDING SECTION I TO
FURTHER DEFINE THAT PORTION OF FOUNDERS PARK FOR
WHICH A RESIDENCY POLICY IS ESTABLISHED; PROVIDING FOR
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SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Perlow and seconded by
Commissioner HOlzberg A motion for deferral was offered by Commissioner
Rogers-Libert and died for lack of second. The motion for approval passed, 5-2
by roll call vote, with Commissioners Holzberg, Cohen, Perlow, Vice Mayor
Beskin and Mayor Snyder voting yes and Commissioners Berger and Rogers-
Libert voting no.
F. Mr. Weiss read the following motion:
MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR FISCAL YEAR ENDED 9/30/97
A motion for approval was offered by Vice Mayor Beskin, seconded by
Commissioner Holzberg and unanimously passed.
9. PUBLIC HEARINGS: ORDINANCES - SECOND 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.
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Berger. Mayor Snyder opened the public hearing. The following
speakers addressed the Commission: George Berlin, 1940 NE 194 Drive; Sy
Chadroff, Esq., 2700 SW 37 Avenue; and Ted Siegel, One Island Place. There
being no further speakers, the public hearing was closed. An amendment was
offered by Commissioner Berger and seconded by Commissioner Holzberg to
amend the ordinance to provide that restaurants holding an SP, X liquor license
shall be permitted to sell alcohol until 3 a.m. An amendment was offered by
Mayor Snyder and seconded by Commissioner Holzberg to amend the entire
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ordinance to extend the time of hours of sale to 3 a.m. The Snyder amendment
failed, 1-6, with Mayor Snyder voting yes and Commissioners Berger, Cohen,
Holzberg, Pedow, Rogers-Libert, and Vice Mayor Beskin voting no. The Berger
amendment passed, 7-0. The motion for approval, as amended, passed
unanimously by roll call vote and Ordinance No. 98-10 was enacted.
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
ORDINANCE NO. 97-20 WHICH PROVIDED THE TERMS AND
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. Thers being no speakers, the public
hearing was closed. A motion for approval was offered by Commissioner
Rogers-Libert, seconded by Commissioner Cohen, passed 4-0 by roll cell vote
with Commissioners Berger, Perlow and Vice Mayor Beskin absent and
Ordinance No. 98-11 was enacted.
C. 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 CABLEVISlON 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.
Mayor Snyder opened the public hearing. There being no speakers, the public
headng was closed. A motion for approval was offered by Commissioner
Rogers-Libert, seconded by Commissioner Cohen, passed 4-0 by roll call vote
with Commissioners Berger, Perlow and Vice Mayor Beskin absent and
Ordinance No. 98-12 was enacted.
'10. OTHER BUSINESS: None
11. REPORTS: As presented. Mayor Snyder appointed Commissioners Berger
(Chair), Cohen and Vice Mayor Beskin to research the feasibility/need for a day
care facility in the City.
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12. PUBLIC COMMENTS. The following individuals addressed the Commission:
Marian Nesbitt, Landmark; George Feffer, Admirals Port; Sol Kalichman,
Biscayne Lake Gardens; and Frank Wellenborg, Admirals Port.
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 9:20 p.m.
Teresa M. Smith, CMC, City Clerk
Approved by the Commission on April 21, 1998.
Anyone wishing to appeal any decision made bythe 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.