04-21-1998 Commission Meeting ~ o~E~c¢''
MINUTES
CITY COMMISSION MEETING
TUESDAY, APRIL 21, 1998 6:60 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. Soreka, 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: Phil Ward 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 SIGN VARIANCE FOR AMC
THEATERS, LOCATED AT 19501 BISCAYNE BOULEVARD, TO
PERMIT THE ERECTION OF ONE (1) WALL SIGN WHICH IS LARGER
THAN THAT WHICH IS ALLOWED UNDER REGIONAL MALL SIGN
REGULATIONS; PROVIDING 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: Phil Ward, 2525 SW 3rd Avenue, representing the
applicant. There being no further speakers, the public hearing was closed. A
motion for approval of the request, with the following amendment to the resolution:
clarify "signs" in Section 1 as "exterior signs"; include square footage of signage
approved and incorporate Application and Plans therein was offered by
Commissioner Cohen, seconded by Commissioner Rogers-Libert, unanimously
passed and Resolution No. 98-35 was adopted.
B. 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;
PROVIDING AN EFFECTIVE DATE.
Ms. Kelley explained the request of the applicant. Mayor Snyder opened the public
hearing. The following individual addressed the Commission: Ron Engele, 8046
Apple Hill Court, Orlando. 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. An amendment to the resolution to provide
a Whereas clause that this approval is specific to Nextel only due to their unique
technology was offered by Commissioner Perlow, seconded by Commissioner
Rogers-Libert and unanimously passed. The motion for approval, as amended, was
unanimously passed and Resolution No. 98-36 was adopted.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the April 7, 1998
Commission Meeting was offered by Commissioner Cohen and seconded by
Commissioner Rogers-Libert. Commissioner Rogers-Libert noted that the address
of Frank Wellenborg is Admirals Port Townhomes. The minutes were unanimously
approved.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None
6. SPECIAL PRESENTATIONS: Certificates of Appointment were presented to
members of the Recreation and Cultural Arts Advisory Board.
7. CONSENT AGENDA: Mr. Soroka requested addition of the following: Motion to
authorize City Manager to submit a grant application for the Safe Neighborhood
Parks Bond Program in order to pay for 50% of the cost off acquiring the Huber
Tract for recreation/open space and to authorize negotiations to commence to
acquire Huber Tract. Vice Mayor Beskin requested removal of item 7.D. and
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Commissioner Perlow requested removal of item 7.C., both from the Consent
Agenda.
A motion to approve the items remaining on the Consent Agenda was offered by
Commissioner Rogers-Libert, seconded by Commissioner Holzberg, unanimously
passed and the following action was taken:
A. Resolution No. 98-37 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN ENSENADA CONDOMINIUM ASSOCIATION,
INC. AND THE CITY OF AVENTURA; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
B. Resolution No. 98-38 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN FLAMENCO TOWERS CONDOMINIUM
ASSOCIATION, INC. AND THE CITY OF AVENTURA; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
The following items were removed from the Consent Agenda and addressed
separately:
C. Mr. Weiss read the following resolution by title:
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 BID NO. 97-9-30-2, AVENTURA
BOULEVARD STREETSCAPE AND BISCAYNE BOULEVARD
NORTHERN MEDIAN, BY AND BETWEEN THE CITY AND VILA & SON
LANDSCAPING CORPORATION; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
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A motion for approval was offered by Commissioner Perlow, seconded by
Commissioner Rogers-Libert, unanimously passed and Resolution No. 98-39 was
adopted.
D. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE WILLIAMS ISLAND
FOURTH AMENDED FINAL PLAT, SECTION 10, TOWNSHIP 52S,
RANGE 42E OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA; PROVIDING FOR RECORDATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Perlow and seconded by
Commissioner Berger. Joseph Goldstein, Esq., 1221 Brickell Avenue, addressed the
Commission. The motion passed unanimously and Resolution No. 98-40 was
adopted.
A motion was offered by Commissioner Berger and seconded by Commissioner
Cohen to authorize the City Manager to submit a grant application for the Safe
Neighborhood Parks Bond Program in order to pay for 50% of the cost of acquiring
the Huber Tract for recreation/open space and to authorize negotiations to
commence to acquire Huber Tract. The motion passed unanimously.
8. PUBLIC HEARINGS: ORDINANCES - SECOND READING
A. 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 1 TO
FURTHER DEFINE THAT PORTION OF FOUNDERS PARK FOR
WHICH A RESIDENCY POLICY IS ESTABLISHED; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND 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 Cohen,
and seconded by Commissioner Perlow. The motion for approval passed 5-2 by roll
call vote with Commissioners Cohen, Holzberg, Perlow, Vice Mayor Beskin and
Mayor Snyder voting yes and Commissioners Berger and Rogers-Libert voting no
and Ordinance No. 98-13 was enacted.
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B. 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.
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. 98-14 was enacted.
9. OTHER BUSINESS: None
10. REPORTS: As presented.
11.PUBLIC COMMENTS. The following individuals addressed the Commission:
Ginger Grossman, 20100 W. Country Club Drive; and Art Grossman, 20100 W.
Country Club Drive.
12.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 7:15 p.m.
Teresa M. Smith, CMC, City Clerk
Approved by the Commission on May 5, 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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