08-04-1998 Commission Meeting MINUTES
CITY COMMISSION MEETING
TUESDAY, AUGUST 4, '1998 6:00 P.M.
Aventura Medical Arts Building
2~1~1'10 Biscayne Boulevard Suite
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 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. Commissioner Arthur Berger was absent. Mayor Snyder
requested that Commissioner Berger's absence be excused. As a quorum was
determined to be present, the meeting commenced~
2. PLEDGE OF ALLEGIANCE: Lester Goldstein 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, GRANTING APPROVAL OF PROPERTY CURE
FOR EMINENT DOMAIN PROCEEDINGS FOR PROPERTY LOCATED
AT '19495 BISCAYNE BOULEVARD; GRANTING A NON-USE
VARIANCE OF SETBACK REQUIREMENTS TO WAIVE 0.93 FEET OF
THE REQUIRED 42.08 FOOT WEST BUILDING SETBACK WHERE A
4'1.'15 FOOT SETBACK IS PROPOSED AND 0.05 FEET OF THE
REQUIRED 26 FOOT WEST GARAGE SETBACK WHERE A 25.95
FOOT SETBACK IS PROPOSED; PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded by
Vice Mayor Cohen. Ms. Kelley explained the request of the applicant. Mayor
Snyder opened the public hearing. There being no speakers, the public hearing was
closed. The motion for approval passed unanimously and Resolution No. 98-64
was adopted.
H. APPLICANT: DREW WOLF: (Taken out of order)
Lester Goldstein, Esq., representing the applicant, requested a deferral. ^ motion to
defer this matter until the first meeting in October was offered by Commissioner
Rogers-Libert, 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 APPROVING MODIFICATION OF PREVIOUSLY
APPROVED RESOLUTION NO. 97-62, GRANTING A SIGN VARIANCE
FOR AVENTURA SELF STORAGE LOCATED AT 2940 NE 188 STREET,
TO PERMIT ONE (1) WALL SIGN NOT TO EXCEED 115 SQUARE FEET
IN SIZE WHERE NO WALL SIGNS ARE PERMITTED; PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Cohen and seconded by
Commissioner HoIzberg. Mayor Snyder opened the public hearing. The following
individual addressed the Commission: Robert Lansburgh, representing the
applicant. There being no further speakers, the public hearing was closed. A motion
to amend the resolution to delete #3 under Specific Conditions was offered by
Commissioner Beskin and seconded by Commissioner Rogers-Libert. The
amendment failed 2-4, with Commissioners Beskin and Rogers-Libert voting yes and
Mayor Snyder, Vice Mayor Cohen, Commissioners Holzberg and Perlow voting no.
The motion for approval of the resolution passed unanimously and Resolution No.
98-65 was adopted.
C. 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
PERMIT THE ERECTION OF A PRIVACY WALL AND GATE AT A
SINGLE-FAMILY HOME LOCATED AT 19951 NE 39 PLACE WHICH
HEIGHT EXCEEDS THAT ALLOWED BY CODE; PROVIDING FOR AN
EFFECTIVE DATE.
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Mayor Snyder opened the public hearing. The following individuals addressed the
Commission: Mr. Goldstein; Mark Gordon, applicant; George Berlin, Turnberry
Associates; Larry Levy and Mark Rudak, neighbors of applicant. There being no
further speakers, the public hearing was closed. A motion for deferral to the first
meeting in October was offered by Vice Mayor Cohen, 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 UNUSUAL USE APPROVAL TO
PERMIT OUTDOOR PATIO AND TABLE SERVICE IN CONNECTION
WITH RESTAURANTS, TO AVENTURA MALL VENTURE, LOCATED
AT 19501 BISCAYNE BOULEVARD; PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded by
Commissioner Beskin. Ms. Kelley explained the request and recommendation of
Staff. Mayor Snyder opened the public hearing. The following individuals
addressed the Commission: Jackie Softer, 3735 NE 207 Street; Phil Ward, 2525
SW 3rd Avenue; Mr. Berlin and Ken Burnstein, Turnberry Associates. There being
no further speakers, the public hearing was closed. An amendment was offered by
Commissioner Perlow and seconded by Commissioner Holzberg to approve the
request as to the second floor restaurants, Rainforest Caf~ and Tu Tu Tango and
deny the request as to the first floor. The amendment passed unanimously. The
resolution, as amended, passed unanimously and Resolution No. 98-66 was
adopted.
E. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA REPEALING AND SUPERCEDING THE
PREVIOUSLY APPROVED RESOLUTION NO. 98-45; GRANTING A
SIGN VARIANCE FOR: 1) MISCELLANEOUS TEMPORARY
FLAGS/BANNERS; 2) ONE TEMPORARY, OFF-PREMISE SIGN; 3)
ONE TEMPORARY, DEVELOPER IDENTIFICATION (CONSTRUCTION)
SIGN; AND 4) MISCELLANEOUS TEMPORARY IDENTIFICATION
AND/OR DIRECTIONAL SIGNS AS SHOWN ON THE SITE PLAN FOR
PROPERTY LOCATED AT NE 190 STREET AND DUMFOUNDLING
BAY, ALSO KNOWN AS HIDDEN BAY; PROVIDING FOR AN
EFFECTIVE DATE.
Deferred to end of zoning hearing agenda. 3
F. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA; GRANTING A SIGN VARIANCE TO PERMIT A
BUILDING IDENTIFICATION SIGN AT EACH OF THE FIVE ($) HIGH-
RISE BUILDINGS WITHIN THE DEVELOPMENT KNOWN AS "THE
POINT AT THE WATERWAYS"; PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Perlow and seconded by
Commissioner Beskin. Ms. Kelley explained the request and recommendation of
Staff. Mayor Snyder opened the public hearing. The following individuals
addressed the Commission: Jerry Proctor, Esq., 200 S. Biscayne Blvd., and Bud
Hall, both representing the applicant. There being no further speakers, the public
hearing was closed. The motion for approval of the resolution, subject to approval of
the homeowners associations, passed unanimously and Resolution No. 98-67 was
adopted.
G. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING A SIGN VARIANCE TO PERMIT: 1)
TEMPORARY OFF-PREMISE DEVELOPMENT IDENTIFICATION
SIGNS; 2) TEMPORARY SALES CENTER SIGN; 3) TEMPORARY OFF-
PREMISE BOLLARD SIGN; AND 4) OFF-PREMISE DIRECTIONAL
SIGNS FOR COSCAN FLORIDA, INC., KNOWN AS "THE POINT AT
THE WATERWAYS"; PROVIDING FOR AN EFFECTIVE DATE.
Ms. Kelley explained the request and recommendation of Staff. Mayor Snyder
opened the public hearing. The following individuals addressed the Commission:
Mr. Proctor; Mr. Hall. There being no further speakers, the public hearing was
closed. A motion for approval was offered by Commissioner Perlow and seconded
by Commissioner Beskin. An amendment to deny applicant's request to permit the
additional lettering to remain on the signs on Biscayne Boulevard was offered by
Commissioner Rogers-Libert, seconded by Commissioner Beskin and passed 5-1,
with Mayor Snyder voting no. An amendment was offered by Commissioner Beskin
and seconded by Commissioner Rogers-Libert to deny applicant's request to permit
the additional lettering to remain on the sign on 207th Street and 34th Avenue. The
amendment failed, 0-6. An amendment was offered by Commissioner Pedow,
seconded by Commissioner Rogers-Libert and unanimously passed to: provide that
the additional lettering remain on the sign at 207th Street and 34th Avenue until such
time as the City installs directional signs to the Point project, or until December 31,
1998, whichever occurs first; provide for removal of the bollard sign at 207th Street
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and 3'4th Avenue; approve request for temporary sales center sign, to be removed no
later than December 31, 2000; approve directional signs to remain until December
31, 1998 or until the dedication of the road to the City, whichever occurs first; and
removal of logo on sign at Biscayne Boulevard and 207th Street. The motion for
approval of the resolution, as amended, passed unanimously and Resolution No.
98-68 was adopted.
E. A motion to reconsider this matter was offered by Vice Mayor Cohen,
seconded by Commissioner Holzberg and unanimously passed. Ms. Kelley
explained the request of the applicant. Mayor Snyder opened the public hearing.
The following individual addressed the Commission: Clifford Schulman, Esq.,
representing the applicant. There being no further speakers, the public hearing was
closed. A motion for approval was offered by Commissioner Holzberg and
seconded by Vice Mayor Cohen. The motion for approval passed unanimously and
Resolution No. 98-69 was adopted.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the July 7, 1998
Commission Meeting, the July 20, 1998 Commission Workshop Meeting, the July
20, 1998 Budget Review Meeting and the July 20, 1998 Commission Meeting was
offered by Commissioner Rogers-Libert, seconded by Commissioner Perlow and
unanimously approved.
,5. SPECIAL PRESENTATIONS: None
6. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None
7. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Vice
Mayor Cohen, seconded by Commissioner Rogers-Libert, unanimously passed and
the following action was taken:
A. Resolution No. 98-70 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE TOWN OF GOLDEN BEACH FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
B. Resolution No. 98-71 was adopted as follows:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER, ON
BEHALF OF THE CITY, TO ENTER INTO THE ATTACHED
DEDICATION AND EASEMENT AGREEMENT RELATIVE TO THE
MALL ACCESS ROAD AND TRAFFIC SIGNALIZATION BY AND
BETWEEN THE CITY 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.
C. Resolution No. 98-72 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, RETAINING THE FIRM OF RACHLIN COHEN &
HOLTZ TO PERFORM INDEPENDENT AUDITING SERVICES FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1998; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE ATTACHED ENGAGEMENT
LETTER; AND PROVIDING AN EFFECTIVE DATE.
D. Resolution No. 98-73 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA URGING THE UNITED STATES CONGRESS
TO FUND ROUND II OF THE FEDERAL EMPOWERMENT ZONE AND
ENTERPRISE COMMUNITIES PROGRAM; AND PROVIDING AN
EFFECTIVE DATE.
E. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $52,000 TO
REIMBURSE THE GENERAL FUND FOR COSTS ASSOCIATED WITH
THE STREET CRIMES UNIT AND FEDERAL TASK FORCE FROM THE
POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY
MANAGER'S MEMORANDUM.
8. PUBLIC HEARING: ORDINANCES - FIRST READING: Mr. Weiss read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA (THE
"CITY"), PROVIDING FOR A BUILDING MORATORIUM ON ISSUANCE
OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN
THE CITY CONCERNING ANY BUILDINGS PROPOSED TO BE
CONSTRUCTED TO A HEIGHT IN EXCESS OF A CERTAIN NUMBER
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OF STORIES DESIGNATED BY THE CITY COMMISSION (THE
"SPECIFIC HEIGHT THRESHOLD") AND CONCERNING ANY
BUILDINGS WHICH ARE PROPOSED TO BE CONSTRUCTED IN
EXCESS OF A HEIGHT WHICH WAS PREVIOUSLY AUTHORIZED BY
DEVELOPMENT ORDER OR DEVELOPMENT PERMIT OR IN EXCESS
OF A HEIGHT WHICH WAS PERMITTED AS OF RIGHT UNDER
EXISTING LAND DEVELOPMENT REGULATIONS, EVEN IF NOT
PROPOSED TO BE IN EXCESS OF THE SPECIFIC HEIGHT
THRESHOLD; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPLACEMENT OF MORATORIA PROVISIONS OF SECTION 33-319,
ET. SEQ. OF THE MIAMI-DADE COUNTY CODE FOR THE SPECIFIC
MATTERS ADDRESSED HEREIN; PROVIDING FOR EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Beskin and seconded by
Commissioner Rogers-Libert. Mayor Snyder opened the public hearing. The
following individuals addressed the Commission: Mr. Schulman. There being no
further speakers, the public hearing was closed. An amendment was offered by
Commissioner Rogers-Libert, seconded by Vice Mayor Cohen and unanimously
passed to delete the definition of "story" at the end of Section 1. An amendment was
offered by Commissioner Beskin and seconded by Vice Mayor Cohen to delete
paragraph 2. of Section 1. The motion failed, 2-4, with Commissioners Beskin and
Holzberg voting yes and Mayor Snyder, Vice Mayor Cohen, Commissioners Rogers-
Libert and Perlow voting no. An amendment was offered by Commissioner Perlow
and seconded by Mayor Snyder to provide in paragraph one the Specific Height
Threshold as "40 stories or 400', whichever is less". The amendment passed
unanimously. The motion for approval of the ordinance as amended, passed
unanimously.
Mayor Snyder appointed a Committee consisting of Commissioners Beskin, Perlow
and Holzberg to meet with Staff to further refine this ordinance prior to second
reading.
9. PUBLIC HEARINGS: ORDINANCES - SECOND READING: None
10. RESOLUTIONS: None
11. OTHER BUSINESS: None
12. REPORTS: As presented.
13. PUBLIC COMMENTS: Albert Zemlock, Del Vista addressed the Commission.
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'14. 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 9:30 p.m.
Teresa M. Smith, CMC, City Clerk
Approved by the Commission on September 1, 1998.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considerec)
at a meeting or hearing will need a record of the proceedings and, for such purpose, m ;~y ~r~ecl to ensure thRt
a verbatim record of the proceedings if made, which record includes the testimony and evidence upon whi~:h
the appeal is to be based.
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