06-09-1998 Commission Meeting MINUTES
CITY COMMISSION MEETING
TUESDAY, JUNE 9, 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, Vice Mayor Ken Cohen, Mayor Snyder, City
Manager Eric M Soroka, City Clerk Teresa M. Smith, and City Attorney Stephen Jay
Helfman. Commissioner Patricia Rogers-Libert was absent due to illness. As a
quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Harry Bavely 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. Helfman read the following motion by title:
MOTION TO APPROVE REQUEST BY YOAV MEIR FOR WAIVER
FROM MORATORIUM, SUBJECT TO CONDITIONS AS OUTLINED IN
CITY MANAGER'S MEMORANDUM DATED JUNE l, 1998
A motion for approval was offered by Vice Mayor Cohen and seconded by
Commissioner Beskin. Mayor Snyder opened the public hearing. The applicant,
Yoav Mier, 2741 NE 214 Terrace, addressed the Commission. There being no
further speakers, the public hearing was closed. The motion for approval failed 3-3,
with Mayor Snyder, Vice Mayor Cohen and Commissioner Beskin voting yes and
Commissioners Berger, Holzberg and Perlow voting no.
B. Mr. Helfman read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING UNUSUAL USE APPROVAL TO
PERMIT OUTDOOR PATIO AND TABLE SERVICE IN CONNECTION
WITH A RESTAURANT, TO CHEESECAKE FACTORY, INC., LOCATED
AT 19501 BISCAYNE BOULEVARD; PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Beskin and seconded by
Commissioner Berger. Brenda Kelley, Community Development Director, reviewed
staff's recommendation. Mayor Snyder opened the public hearing. The following
individuals addressed the Commission: Nancy Terminello, Esq., 2700 SW 37
Avenue; and George J. Berlin, 1940 NE 194th Drive, North Miami Beach. There
being no further speakers, the public hearing was closed. The motion for approval
passed unanimously and Resolution No. 98-49 was adopted.
Commissioner Perlow left the meeting at this time.
C. Mr. Helfman 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.
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A motion for approval was offered by Vice Mayor Cohen and seconded by
Commissioner Holzberg. Stanley Price, Esq., 2500 First Union Financial Center,
addressed the Commission. Ms. Kelley explained the request and recommendation
of Staff. Mayor Snyder opened the public hearing. The following individuals
addressed the Commission: Ron Silver, Esq., 2750 NE 187th Street, representing
the applicant; Mr. Price, also representing the applicant; Jose Tunon, Project
Architect; Applicant Drew Wolf, 19105 Biscayne Blvd.; Mr. Berlin; Bill Rosenberg,
Landscape Architect; Mo Rosenberg, Commodore Plaza; Marcel Pina, Point East;
Naomi Stack, Point East; Paul Lavin, Point East; Ann Lavin, Point East; Myra Itchko,
Del Prado; Harry Bavely, Del Prado; Lin Feldman, Del Prado. There being no further
speakers, the public hearing was closed. An amendment was offered by Vice Mayor
Cohen, seconded by Commissioner Berger and unanimously passed to amend
Section 2 to provide approval for automobile and sport utility vehicle rental only, to
provide that no sales be allowed; delete Specific Condition #10 of the resolution,
amend Specific Condition #3 to provide that applicant provide to the City a removal
bond in an amount equal to the cost of removal of the billboard in the event it is not
removed by June 1, 1999, and inclusion of revised staff recommendations and
conditions, including additional Condition #11 and subject to the applicant providing
an estoppel agreement to the City. The motion for approval of the resolution, as
amended, passed unanimously (5-0) and Resolution No. 98-50 was adopted.
D. Mr. Helfman 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. Z-9-89; DENYING THE REQUESTED
NON-USE VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE
COUNTY CODE REQUIRING A MINIMUM SIDE STREET SETBACK OF
FIFTEEN (15) FEET WHERE A PROVISION OF ZERO (0) FOOT SIDE
STREET SETBACK IS PROPOSED; DENYING THE REQUESTED
NON-USE VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE
COUNTY CODE REQUIRING A MINIMUM FRONT YARD SETBACK OF
TWENTY (20) FEET WHERE A PROVISION OF ZERO (0) FOOT FRONT
SETBACK IS PROPOSED ALL WITH CONDITIONS AS OUTLINED
HEREIN FOR PROPERTY LOCATED AT 17866-17870 BISCAYNE
BOULEVARD; PROVIDING AN EFFECTIVE DATE.
Mr. Price, on behalf of the applicant, requested that this matter be deferred. A
motion to defer this hearing was offered by Vice Mayor Cohen and seconded by
Commissioner Beskin. The motion passed, 3-2, with Vice Mayor Cohen,
Commissioners Holzberg and Beskin voting yes and Mayor Snyder and
Commissioner Berger voting no.
E. Mr. Helfman read the following resolution by title: 3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA; GRANTING APPROVAL OF MULTI-TENANT
CENTER SIGN GRAPHICS FOR SlGNAGE FOR CHAMPION RETAIL
PLAZA LOCATED AT THE EAST SIDE OF BISCAYNE BOULEVARD
BETWEEN NE '191 STREET AND NE 193 STREET; PROVIDING AN
EFFECTIVE DATE.
Ms. Kelly explained the request of the applicant. Mr. Helfman interrupted and
requested that discussion on this item be tabled. After motion made, seconded and
unanimously passed, item 3-E was tabled.
Mr. Helfman advised that pursuant to the City Charter, four votes of the Commission
were necessary to approve the deferral previously voted on in item 3-D. After
discussion, and noting that many members of the public in attendance earlier to hear
this matter had left the meeting, a motion to defer item 3-D was offered by Vice
Mayor Cohen, seconded by Commissioner Holzberg and passed 4-1, with Vice
Mayor Cohen and Commissioners Berger, Beskin and Holzberg voting yes and
Mayor Snyder voting no.
After motion made, seconded and unanimously passed, item 3-E was removed from
the table. Commissioner Perlow returned to the meeting at this time. A motion for
approval of item 3-E was offered by Vice Mayor Cohen and seconded by
Commissioner Holzberg. Mayor Snyder opened the public hearing. The following
individuals addressed the Commission: Mr. Berlin; Phil Ward, Architect for the
applicant; Brian Herbert, Gallo Architects; and Leonard Geller, Commodore Plaza.
There being no further speakers, the public hearing was closed. Commissioner
Perlow offered a motion to amend to eliminate at least one of the bank signs. The
motion died for lack of a second. A motion to amend the resolution by amending
Section 1 to delete 6); to provide for approval of the criteria by the City Manager; and
clarify reference to the amended plans was offered by Commissioner Beskin,
seconded by Commissioner Perlow and unanimously passed. The motion for
approval of the resolution, as amended, was unanimously passed and Resolution
No. 98-51 was adopted.
4. APPROVAL OF MINUTES: Mr. Berger requested that the minutes of the May 28,
1998 Workshop be amended to clarify in item 4 that the term "computer" includes a
printer. A motion to approve the minutes of the May 19, 1998 Commission Meeting
and the May 28, 1998 Workshop Meeting, as amended, was offered by
Commissioner Perlow, seconded by Vice Mayor Cohen and unanimously approved.
A motion was offered by Commissioner Perlow and seconded by Commissioner
Berger to place a motion to reconsider the Hidden Bay internal sign issue on the
August 4, 1998 Commission meeting and that the appropriate notices be provided to
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the affected property owners. The motion passed 4-1, with Vice Mayor Cohen
voting no.
5. SPECIAL PRESENTATIONS: None
6. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None
7. CONSENT AGENDA: Vice Mayor Cohen requested removal of item 7-C from the
Consent Agenda. Commissioner Beskin requested removal of item 7-D from the
Consent Agenda. Commissioner Perlow requested removal of item 7-E from the
Consent Agenda.
A motion to approve the items remaining on the Consent Agenda was offered by
Commissioner Perlow, seconded by Commissioner Beskin, unanimously passed
and the following action was taken:
A. Resolution 98-52 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 BETVVEEN COUNTRY CLUB ESTATES HOMEOWNERS
AND MAINTENANCE ASSOCIATION 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. 98-53 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF DAN
EICHMANN TO THE CITY OF AVENTURA BEAUTIFICATION
ADVISORY BOARD IN ORDER TO FILL A VACANCY; AND
PROVIDING AN EFFECTIVE DATE.
F. The following motion was approved:
MOTION TO ADOPT CITY MANAGER'S PERFORMANCE
EVALUATION PACKAGE AS OUTLINED IN EXHIBIT "A".
The following items were removed from the Consent Agenda and
addressed separately:
C. Mr. Soroka read the following resolution by title:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED POLICE SERVICES AGREEMENT
BETWEEN THE CITY OF AVENTURA AND AVENTURA MALL
VENTURE; 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 Beskin and seconded by
Commissioner Holzberg. A motion was offered by Vice Mayor Cohen to amend the
renewal clause. The amendment died for lack of a second. The motion for approval
was unanimously passed. Thus, Resolution No. 98-54 was adopted.
D. Mr. Helfman 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 1997198 FISCAL YEAR
BY REVISING THE 1997198 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.
A motion to approve the ordinance on first reading was offered by Commissioner
Beskin and seconded by Commissioner Holzberg. An amendment was offered by
Commissioner Beskin, seconded by Commissioner Berger and unanimously passed
to change the dates on pages 1 and 2 from 1996/97 to 1997/98. The motion for
approval of the ordinance, as amended, passed unanimously (5-0). Vice Mayor
Cohen was not present for the vote.
E. Mr. Helfman read the following motion:
MOTION TO UTILIZE THE REQUEST FOR QUALIFICATIONS
GUARANTEED MAXIMUM PRICE CONSTRUCTION MANAGEMENT
SERVICES PROCESS TO CONSTRUCT THE GOVERNMENT CENTER
AS OUTLINED IN CITY MANAGER'S MEMORANDUM.
Rick Buell, Michael Shift & Associates, Mr. Berlin, and Cesar Phillips addressed the
Commission. A motion for approval was offered by Commissioner Beskin, seconded
by Commissioner Berger and passed unanimously.
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8. PUBLIC HEARING: ORDINANCES - SECOND READING: Mr. Helfman 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.
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. A motion for approval was offered by Commissioner Berger
and seconded by Vice Mayor Cohen. An amendment was offered by Commissioner
Perlow, seconded by Mayor Snyder and unanimously passed to amend (a) to
provide that these penalties are in addition to any other legal remedies available to
the City. The motion for approval, as amended, unanimously passed by roll call vote
and Ordinance No. 98-17 was enacted.
9. RESOLUTIONS: Mr. Helfman read the following resolution by title:
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA
FLORIDA, CONCERNING COMMUNICATION BY MEMBERS OF THE CITY
COMMISSION WITH OTHER GOVERNMENTAL ENTITIES AND PUBLIC
PRESENTATIONS; PROVIDING STANDARD OF CONDUCT FOR MAYOR
AND COMMISSIONERS; PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin and seconded by
Commissioner Berger. Commissioner Berger offered a motion to amend section
2(b) to provide that this shall not prohibit members of the Commission from seeking
from other governmental entities information relating to matters concerning the City.
The motion died for lack of a second. The motion for approval passed unanimously
and Resolution No. 98-55 was adopted.
10. OTHER BUSINESS: None
11. REPORTS: As presented.
12. PUBLIC COMMENTS. The following individual addressed the Commission:
Don Brodey, Williams Island.
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 10 p.m.
Teresa M.'Sr~ith, CMC, City Clerk
Approved by the Commission on July 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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