05-19-1998 Commission Meeting MINUTES
CITY COMMISSION MEETING
TUESDAY, MAY 19, 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 Richard Jay Weiss. As a quorum was determined to be present, the
meeting commenced.
2. PLEDGE OF ALLEGIANCE: Mr. Geller 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 DENYING THE REQUEST FOR SIGNS TO BE
LOCATED ON PROPOSED CITY PROPERTY OR PROPOSED PUBLIC
RIGHT-OF-WAY (SIGN #1 AND SIGN #3); DENYING THE REQUEST
FOR TWO SIGNS (SIGN #12 AND SIGN #13) AFFIXED TO FENCE;
APPROVING THE REQUEST TO ALLOW SIGN #2 AS AN OFF-
PREMISE SIGN; APPROVING THE REQUEST TO ALLOW THE
EXISTING THIRTY-EIGHT (38) NAUTICAL FLAGS AT THE MARINA TO
REMAIN; APPROVING THE REQUEST FOR ONE (1) DEVELOPER
IDENTIFICATION SIGN (CONSTRUCTION SIGN) WHICH EXCEEDS
THE MAXIMUM SIZE ALLOWED; APPROVING THE REQUEST FOR
THE EXISTING TEN (10) TEMPORARY DEVELOPMENT
IDENTIFICATION AND/OR DIRECTIONAL SIGNS AS SHOWN ON THE
SITE PLAN; ALL WITH CONDITIONS FOR PROPERTY LOCATED AT
NE 190 STREET AND DUMFOUNDLING BAY, ALSO KNOWN AS
HIDDEN BAY; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded by
Commissioner Berger. Mayor Snyder opened the public hearing. Community
Development Director Brenda Kelley explained the request of the applicant. Clifford
Schulman, Esq., 1221 Brickell Avenue, representing the applicant, addressed the
Commission. There being no further speakers, the public hearing was closed.
An amendment to the resolution to delete 4) and 6) of Section 1 was offered by
Commissioner Berger and seconded by Commissioner Beskin. (#1)
An amendment to the Berger amendment was offered by Vice Mayor Cohen to
amend 4) of Section 1 to approve only 8 signs until 12-31-98. The amendment died
for lack of a second. (#2)
An amendment was offered by Vice Mayor Cohen and seconded by Mayor Snyder
to amend 4) of Section 1 to allow 8 flags only until May 31, 1999. (#3)
An amendment was offered by Commissioner Rogers-Libert and seconded by
Commissioner Beskin to approve directional signs as recommended by staff
conditioned upon their compliance with sign code.
An amendment to the Rogers-Libert amendment was offered by Commissioner
Perlow and seconded by Commissioner Rogers-Libert that sign #16 read only
"Welcome to Hidden Bay". (#5)
A motion to approve 1) of Section 1 of the resolution was offered by Commissioner
Rogers-Libert, seconded by Commissioner Perlow and unanimously passed.
A motion to approve 2) of Section I of the resolution was offered by Commissioner
Rogers-Libert, seconded by Commissioner Perlow and unanimously passed.
A motion to amend 3) of Section 1 by removing the wording "which shall be allowed
to remain only until December 31, 1999" and approve the wording on the sign to be
"Welcome to Hidden Bay" only was offered by Commissioner Rogers-Libert,
seconded by Commissioner Berger and passed 6-1, with Commissioner Beskin
voting no.
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A motion to amend 4) of Section 1 to provide for 8 flags only with the placement to
be at the discretion of the Developer was offered by Mayor Snyder, seconded by
Commissioner Rogers-Libert and passed 6-1, with Commissioner Beskin voting no.
A motion to approve 5) of Section 1 conditioned upon compliance with the City Code
was offered by Commissioner Perlow, seconded by Vice Mayor Cohen and passed
6-1, with Commissioner Rogers-Libert voting no.
A motion to amend 6) of Section 1 to provide that sign #16 conform to sign #2 in
terms of wording was offered by Commissioner Pedow, seconded by Commissioner
Rogers-Libert and passed 6-1, with Commissioner Beskin voting no.
A motion that all signs in 6) with the exception of signs 4, 9 and 16 comply with City
Code regulations was offered by Commissioner Beskin, seconded by Vice Mayor
Cohen and unanimously passed.
A motion to amend 6) of Section I to provide that signs 4, 9 and 16 remain as
proposed was offered by Vice Mayor Cohen, seconded by Commissioner Perlow
and unanimously passed.
A motion to approve one new directional sign to replace signs #12 and #13 subject
to compliance with City Code was offered by Commissioner Perlow, seconded by
Commissioner Rogers-Libert and unanimously passed.
A motion to change the date in 9) on page 4 to May 31, 1999 was offered by
Commissioner Perlow, seconded by Commissioner Rogers-Libert and failed 1-6,
with Vice Mayor Cohen voting yes and Mayor Snyder and Commissioners Berger,
Beskin, Rogers-Libert, Perlow and Holzberg voting no.
By unanimous consent, amendments #1- #5 previously offered were withdrawn.
The motion for approval, as amended, passed unanimously and Resolution No. 98-
45 was adopted.
El. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, DENYING A SPECIAL EXCEPTION TO
SPACING AND DISTANCE REQUIREMENTS FOR THE SALE OF
ALCOHOLIC BEVERAGES; GRANTING UNUSUAL USE APPROVAL
TO PERMIT OUTDOOR PATIO AND TABLE SERVICE IN
CONNECTION WITH A RESTAURANT, TO COCO'S OF AVENTURA,
INC., LOCATED AT 19501 BISCAYNE BOULEVARD; PROVIDING FOR
AN EFFECTIVE DATE.
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Ms. Kelley explained the request of the applicant. Mayor Snyder opened the public
hearing. The following individuals addressed the Commission: Sy Chadroff, Esq.,
2700 SW 37 Avenue; Nancy Terminello, Esq., 2700 SW 37 Avenue. 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 Beskin. A motion to amend the resolution to approve the special
exception was offered by Commissioner Berger, seconded by Vice Mayor Cohen
and failed 3-4, with Mayor Snyder, Vice Mayor Cohen and Commissioner Berger
voting yes and Commissioners Beskin, Holzberg, Rogers-Libert and Perlow voting
no. The motion for approval passed unanimously and Resolution No. 9846 was
adopted.
The meeting recessed for five minutes at this time.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the May 5, 1998
Commission Meeting was offered by Commissioner Rogers-Libert, seconded by
Commissioner Berger and unanimously approved.
5. SPECIAL PRESENTATIONS: None
6. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None
7. CONSENT AGENDA: Commissioner Berger requested removal of item 7-A from the
Consent Agenda. Commissioner Beskin requested removal of item 7-B from the
Consent Agenda~
A motion to approve the item remaining on the Consent Agenda was offered by
Commissioner Rogers-Libert, seconded by Commissioner Holzberg, unanimously
passed and the following action was taken:
C. Resolution No. 9847 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 DELVISTA 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:
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A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 2-348 OF THE CITY CODE ENTITLED
"SCHEDULE OF CIVIL PENALTIES" TO UPDATE THE CIVIL
PENALTIES SCHEDULE FOR CODE VIOLATIONS; PROVIDING FOR
CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert, seconded by
Commissioner Berger and unanimously passed by roll call vote.
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 ATTACHED AGREEMENT FOR WATER AND
SANITARY SEWER FACILITIES WITH MIAMI-DADE COUNTY IN THE
AMOUNT OF $53,820.09; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Perlow, seconded by
Commissioner Beskin, unanimously passed and Resolution No. 98-48 was
adopted.
8. PUBLIC HEARING: 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 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 Berger,
seconded by Commissioner Beskin, unanimously passed by roll call vote and
Ordinance No. 98-15 was enacted.
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B. 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
NARRAGANSETT SOUTH FLORIDA CATV LIMITED PARTNERSHIP
(CABLEVISION COMMUNICATIONS) 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
hearing was closed A motion for approval was offered by Commissioner Rogers-
Libert, seconded by Commissioner Beskin, unanimously passed by roll call vote and
Ordinance No. 98-16 was enacted.
9. OTHER BUSINESS: None
10. REPORTS: As presented.
11. PUBLIC COMMENTS. The following individuals addressed the Commission: Harry
Crook, Commodore Plaza and Rev. Will Keyser.
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 June 9, 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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