05-05-1998 Commission Meeting MINUTES
CITY COMMISSION MEETING
TUESDAY, MAY 5, 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, Jay R. Beskin,
Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Ken Cohen,
Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M Smith, and City
Attorney David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE: Mr. Zemlock 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. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE RELEASE OF PREVIOUSLY
APPROVED RESOLUTION NO. 4-ZAB-134-79; APPROVING THE
AUTOMOBILE AND LIGHT TRUCK, NEW SALES AGENCY OR
RENTAL USE AS REQUIRED PURSUANT TO SECTION 33-247 OF
THE MIAMI-DADE COUNTY CODE; APPROVING THE REQUESTED
NON-USE VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE
COUNTY CODE REQUIRING A DECORATIVE MASONRY WALL AT
LEAST FIVE FEET IN HEIGHT TO ENCLOSE THE VEHICLE STORAGE
AREA WHERE A PROVISION OF A PARTIAL MASONRY WALL TO
THE FRONT OF THE PROPERTY ONLY IS PROPOSED; APPROVING
THE REQUESTED NON-USE VARIANCE FROM CHAPTER 33 OF THE
MIAMI-DADE COUNTY CODE REQUIRING A CONTINUOUS,
DENSELY PLANTED GREENBELT OF NOT LESS THAN FIFTEEN
FEET IN WIDTH WHERE A PROVISION OF A NINE (9) FOOT WIDE
INTERRUPTED GREENBELT IS PROPOSED; APPROVING A
VARIANCE FROM CITY ORDINANCE NO. 97-17 ALLOWING TWO (2)
SIGNS ON A MASONRY WALL IN LIEU OF ONE (1) FREESTANDING
MONUMENT SIGN, ALL WITH CONDITIONS AS OUTLINED HEREIN
FOR PROPERTY LOCATED AT 17800 BISCAYNE BOULEVARD;
PROVIDING AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. Senator Ron Silver, 2750 NE 187 Street,
appeared on behalf of the applicant and requested a deferral of this hearing until
June 2, 1998. There being no further speakers, the public hearing was closed. A
motion to continue this hearing to June 2, 1998 was offered by Vice Mayor Cohen
and seconded by Commissioner Rogers-Libert. The motion passed, 4-2, with
Commissioners Holzberg, Rogers-Libert, Vice Mayor Cohen and Mayor Snyder
voting yes and Commissioners Berger and Beskin voting no. Commissioner Perlow
was not present for the vote.
B. Mr. Wolpin 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 FOOT (9') FRONT SETBACK IS PROPOSED (BISCAYNE
BOULEVARD); GRANTING A NON-USE VARIANCE OF OPEN SPACE
REQUIREMENTS TO WAIVE 1.6% OF THE REQUIRED 12.6% OPEN
SPACE WHERE 11.0% OPEN SPACE IS PROPOSED; PROVIDING AN
EFFECTIVE DATE.
Ms. Kelley explained the request of the applicant. Vice Mayor Cohen opened the
public hearing. The following individuals addressed the Commission: Michael
Snyder, Esq., 20803 Biscayne Blvd., Suite 200, representing the applicant; Charles
Putnam, 4722 NW 2N° Avenue; Arnold Ramos, FDOT; Wendy Allen, 1350 Jefferson
Street, Hollywood; Shannon Bucholz, owner of Shannonigans; Lenny Seinfeld,
19009 Biscayne Blvd.; Kiki, employee of Bagel Cove; Lou DiBlasi, on behalf of Wash
Depot Holdings and Sonnys Car Wash; Lillian Valdespino, Esq. and John Martinez,
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FDOT. There being no further speakers, the public hearing was closed. A motion
for approval of the request was offered by Commissioner Rogers-Libert, and
seconded by Commissioner Holzberg. An amendment was offered by
Commissioner Beskin, seconded by Commissioner Rogers-Libert and unanimously
passed that there shall be no business activity immediately to the west of the
premises nor the storage of garbage containers, restaurant equipment, future use
equipment etc. The motion for approval, as amended, passed, 4-1, with
Commissioners Berger, Holzberg, Rogers-Libert and Vice Mayor Cohen voting yes
and Commissioner Beskin voting no. Mayor Snyder and Commissioner Perlow were
absent from the room for this hearing. Resolution No, 98-41 was adopted.
6. SPECIAL PRESENTATIONS: (Taken out of order) The Commission presented a
Proclamation to Rita Kolce in honor of her 100th birthday on May 3, 1998.
C. 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 ONE (1)
WALL SIGN WHICH IS LARGER THAN THAT ALLOWED; APPROVING
A SIGN VARIANCE FOR (1) WALL SIGN WHICH DISPLAYS
SERVICES OR PRODUCTS AS OPPOSED TO THE BUSINESS NAME
("GARDEN CENTER"); DENYING A SIGN VARIANCE FOR (1) WALL
SIGN WHICH DISPLAYS SERVICES OR PRODUCTS AS OPPOSED TO
THE BUSINESS NAME ("PHARMACY") FOR DAYTON HUDSON
CORPORATION (TARGET) LOCATED AT 21265 BISCAYNE
BOULEVARD; PROVIDING FOR AN EFFECTIVE DATE.
Ms. Kelley explained the request of the applicant. Mayor Snyder opened the
public hearing. The following individuals addressed the Commission: Jeffrey
Bercow, Esq., 200 S. Biscayne Blvd.; Boyd Hippenstiel, Heath & Co., Tampa.
There being no further speakers, the public headng was closed. A motion for
approval of the request was offered by Commissioner Perlow, and seconded by
Commissioner Berger. The motion for approval passed, 4-3, with Commissioners
Beskin, Perlow, Rogers-Libert and Mayor Snyder voting yes, Commissioners
Berger, Holzberg and Vice Mayor Cohen voting no and Resolution No. 98-42
was adopted.
D. MOTION TO APPROVE REQUEST BY MARION PRESENT MUTCHNIK
FOR WAIVER FROM MORATORIUM, SUBJECT TO CONDITIONS AS
OUTLINED IN CITY MANAGER'S MEMORANDUM DATED APRIL 29,
1998.
Marion Present Mutchnik, applicant, addressed the Commission. A motion to
approve the request was offered by Vice Mayor Cohen, seconded by
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Commissioner Berger and failed, 2-5, with Mayor Snyder and Commissioner
Berger voting yes and Commissioners Beskin, Holzberg, Rogers-Libert, Pedow
and Vice Mayor Cohen voting no.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the April 21, 1998
Commission Meeting and the April 27, 1998 Commission Workshop was offered by
Commissioner Rogers-Libert, seconded by Commissioner Berger and unanimously
approved.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None
7. CONSENT AGENDA: Commissioner Pedow requested removal of items B, C and D
from the Consent Agenda.
A motion to approve the items remaining on the Consent Agenda was offered by
Vice Mayor Cohen, seconded by Commissioner Rogers-Libert, unanimously passed
and the following action was taken:
A. Mr. Wolpin read the following ordinance by title which was passed on first
reading by roll call vote:
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
NARRAGANSETT SOUTH FLORIDA CATV LIMITED PARTNERSHIP
(CABLEVlSlON COMMUNICATIONS) AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
E. The following motion passed:
MOTION TO REMOVE PA ~ ¥"Y' ROBINSON FROM TH E
BEAUTIFICATION ADVISORY BOARD.
The following items were removed from the Consent Agenda and addressed
separately:
B. Mr. Wolpin read the following ordinance by title:
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;
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AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin, seconded by
Commissioner Berger and unanimously passed by roll call vote.
C. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 98-4-24-2, WILLIAMS ISLAND BOULEVARD
IMPROVEMENTS TO M. VlLA & ASSOCIATES, INC. AT THE BID
PRICE OF $1,472,265.52 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.
A motion for approval was offered by Commissioner Beskin and seconded by
Commissioner Berger. The motion passed unanimously and Resolution No. 98- 43
was adopted.
D. Mr. Wolpin 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~ iACHED WORK AUTHORIZATION NO. 98-152-A
FOR LANDSCAPE DEVELOPMENT - BISCAYNE FOUR
SR5/BlSCAYNE BOULEVARD FROM THE OLETA RIVER TO MIAMI
GARDENS DRIVE BY AND BETWEEN THE CITY OF AVENTURA AND
O'LEARY DESIGN ASSOCIATES, P.A.; AND PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert, seconded by Vice
Mayor Cohen, unanimously passed and Resolution No. 98-44 was adopted.
8. OTHER BUSINESS: None
9. REPORTS: As presented.
11.PUBLIC COMMENTS. None.
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It was the consensus of the Commission to amend the June, 1998 Commission
Meeting schedule by canceling the regularly scheduled meetings of June 2nd and
June 16th and setting one regular Commission Meeting for June 9, 1998 and one
Workshop Meeting for June 29, 1998.
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 9 p.m.
Teresa M. Smith, CMC, City Clerk
Approved by the Commission on May 19, 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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