07-07-1998 Commission Meeting MINUTES
CITY COMMISSION MEETING
TUESDAY, JULY 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, Jay R. Beskin,
Harry Holzberg, Patricia Rogers-Libert, Jeffrey M. Perlow, 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: Judge Barbara Levinson led the pledge of allegiance.
6. SPECIAL PRESENTATIONS: Mayor Snyder presented a Proclamation to the family
of William W. Heiberger in his memory.
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
these hearings were sworn in by the City Clerk.
A. APPLICANT: HIDDEN BAY ASSOCIATES II
(Applicant has withdrawn this application with prejudice in accordance with
Miami-Dade County Code Section 33-304)
Mr. Weiss road the title of this application and explained the nature of this
withdrawal and the criteria by which it may be to-filed. Joyce Fox, Mystic
Pointe; and Leonard Brenner, Turnberry Towers, addressed the
Commission. Commissioner Beskin requested that the Chair not entertain
comments from the public, as a public hearing was not in order and the
applicant was not in attendance. His request was denied. Commissioner
Beskin appealed the ruling of the Chair. The ruling stood. Commissioner
Perlow requested the Mayor's comments relative to his prediction on the
outcome of the vote on this matter be stricken from the record and Mayor
Snyder agreed.
Commissioner Perlow left the meeting at this time.
B, APPLICANT: DREW WOLF
The title of this application was read by Mr. Weiss. At the request of the
applicant and staff, a motion to defer this item was offered by
Commissioner Beskin, seconded by Commissioner Rogers-Libert and
unanimously passed.
C. APPLICANT: ROBERT LANSBAUGH
The title of this application was read by Mr. Weiss. A motion to defer this
item until the application is complete was offered by Commissioner
Rogers-Libert, seconded by Commissioner Beskin and unanimously
passed.
D. 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 LOCATED
AT 19915-19925 BISCAYNE BOULEVARD; GRANTING A NON-USE
VARIANCE OF OPEN SPACE REQUIREMENTS TO WAIVE 0.58% OF
THE REQUIRED 14% OPEN SPACE WHERE 13.42% OPEN SPACE IS
PROPOSED; GRANTING A SIGN VARIANCE TO PERMIT ONE (1)
MONUMENT SIGN LARGER THAN THAT ALLOWED; DENYING A
SIGN VARIANCE FOR ONE (1) DIRECTIONAL SIGN LARGER THAN
THAT ALLOWED; PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert, and
seconded by Vice Mayor Cohen. Commissioner Perlow returned to the meeting
at this time. Brenda Kelley, Community Development Director, explained the
application and provided the Commission with a revised proposed resolution
which included an additional Whereas clause relative to the uniqueness of this
application. Mayor Snyder opened the public hearing. The following individuals
addressed the Commission: Phil Ward, planning and zoning consultant for the
applicant, 2525 SW 3rd Street; Peter Waldman, Esq., attorney for FDOT; and
applicant George Berlin. There being no further speakers, the public hearing
was closed. A motion was offered by Commissioner Berger, seconded by
Commissioner Perlow and unanimously passed to amend the Whereas clause
relative to uniqueness to change the words "particular application" to "subject
property''. The motion for approval of the resolution, as amended, unanimously
passed and Resolution No. 98-56 was adopted.
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E. Mr. Weiss road the following motion:
MOTION TO APPROVE REQUEST BY JOSEPH B. KALLER FOR
WAIVER FROM MORATORIUM, SUBJECT TO CONDITIONS AS
OUTLINED IN CITY MANAGER'S MEMORANDUM DATED JULY 2,
1998.
A motion to approve the request was offered by Commissioner Beskin and
seconded by Commissioner Rogers-Libert. Mayor Snyder opened the public
hearing. The following individuals addressed the Commission: Joseph Kaller,
Architect for the owner, 2417 Hollywood Blvd., and Mr. Ken Marlin, prospective
buyer. There being no further speakers, the public hearing was closed.
Inasmuch as the owner was not present or making the application, a motion to
amend the approval conditioned upon receipt of proof of consent of owners of
record being provided to City Attorney and City Manager was offered by
Commissioner Pedow, seconded by Commissioner Rogers-Libert and
unanimously passed. The motion for approval, as amended, passed
unanimously.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the June 9, 1998
Commission Meeting and the June 30, 1998 Workshop Meeting was offered by
Commissioner Rogers-Libert and seconded by Commissioner Beskin.
Commissioner Berger requested that page 4 of the minutes of June 9th be amended
to provide that relative to discussion of item 3-D, members of the audience were not
present during the second deferral vote. The minutes, as amended, were
unanimously approved.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None
7. CONSENT AGENDA: Commissioner Holzberg requested removal of item 7-A.
from the Consent Agenda. Commissioner Berger requested removal of item 7-B
from the Consent Agenda.
Mr. Weiss roquested that approval for item 7-D be conditioned upon receipt of a
Covenant of Indemnification in a form acceptable to and approved by the City
Attorney. A motion to approve the items remaining on the Consent Agenda was
offered by Commissioner Rogers-Libert, seconded by Commissioner Perlow,
unanimously passed and the following action was taken:
C. Resolution No. 98-57 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE,
SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY
OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT
FOR FISCAL YEAR 1998/99 TO 2002/03; AUTHORIZING THE CITY
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MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
D. Resolution No. 98-58 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE ACCEPTANCE OF AN
IMPLIED OFFER OF DEDICATION BY STEVEN G. LEVINE, TRUSTEE
AND INDIVIDUALLY FOR A PORTION OF NORTHEAST 191sT
STREET IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY,
FLORIDA.
E. Resolution No. 98-59 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR ACCEPTANCE OF
DEDICATION OF PUBLIC ROAD RIGHT OF WAY FOR NORTHEAST
35TH AVENUE IN THE CITY OF AVENTURA; AUTHORIZING CITY
MANAGER TO OBTAIN AND EXECUTE DEDICATION; AUTHORIZING
ACCEPTANCE OF DEDICATION; PROVIDING FOR 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 OPPOSING U-TURNS AT THE INTERSECTION
OF THE ENTRANCE TO POINT EAST CONDOMINIUM AND
BISCAYNE BOULEVARD; AND PROVIDING AN EFFECTIVE DATE.
Milt Klompus, 17961 Biscayne Boulevard, and Dr. Arnold Sheir, Biscayne
Boulevard, addressed the Commission. A motion to defer this matter until the
first Commission meeting after the completion of the Biscayne Boulevard Phase
IV project was offered by Vice Mayor Cohen, seconded by Commissioner
Holzberg and unanimously passed.
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 INTERLOCAL AGREEMENT BETWEEN
MIAMI-DADE COUNTY AND THE CITY OF AVENTURA FOR JOINT
COMPLETION OF A LOCAL MITIGATION STRATEGY; AND
PROVIDING AN EFFECTIVE DATE.
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A motion for approval was offered by Commissioner Rogers-Libert, seconded by
Commissioner Perlow, unanimously passed, and Resolution No. 98-60 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 Beskin,
seconded by Commissioner Rogers-Libert, unanimously passed by roll call vote
and Ordinance No. 98-18 was enacted.
B. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
ESTABLISHING INTERIM SERVICE FEES FOR PROPERTIES NOT
YET INCLUDED IN THE COUNTY'S TAX ROLL; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR CONFLICT; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. The following individuals addressed
the Commission: Clifford Schulman, Esq., 1221 Brickell Avenue; and Donald
Brodey, Williams Island. There being no further speakers, the public hearing
was closed. A motion for approval was offered by Commissioner Beskin and
seconded by Commissioner Rogers-Libert. The motion for approval unanimously
passed by roll call vote and Ordinance No. 98-19 was enacted.
9. RESOLUTIONS: Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR ADOPTION OF INTERIM
SERVICE FEES STUDY DATED JUNE 1, 1998 PREPARED BY
TISCHLER AND ASSOCIATES, INC., ATTACHED HERETO AS
EXHIBIT A, AND INTERIM SERVICE FEE SCHEDULE INCLUDED
THEREIN, PURSUANT TO ORDINANCE NO. 98-19; AUTHORIZING
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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 Rogers-Libert and seconded by
Vice Mayor Cohen. The motion for approval passed unanimously and Resolution
No. 98-61 was adopted.
10. OTHER BUSINESS:
COMMUNICATION BY COMMISSIONERS PRIOR TO PUBLIC
HEARING (Commissioner Perlow)
Commissioner Perlow expressed his concerns relative to communication by
Commissioners prior to public hearings and the need to preserve the integrity of the
Commission. A motion was offered by Commissioner Perlow, seconded by
Commissioner Rogers-Libert and unanimously passed to authorize the City Attorney to
prepare an ordinance prohibiting Commissioners from publicly disclosing their vote on a
matter prior to the public hearing and additional legislation to provide a more user-
friendly notice to the public of upcoming zoning hearings.
11. REPORTS: As presented.
12. PUBLIC COMMENTS. The following individuals addressed the Commission: Dr.
Janet Aikens, Biscayne Lake Gardens; Harry Crook, Commodore Plaza; Ginger
Grossman, West Country Club Drive; and Art Grossman, West Country Club Drive.
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 9:35 p.m.
T~'resa M. Smith, CMC, City Clerk
Approved by the Commission on August 4, 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 recon:l includes the testimony and evidence upon which
the appeal is to be based.
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