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09-01-1998 Commission Meeting MINUTES CITY COMMISSION MEETING TUESDAY, SEPTEMBER 1, 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: Ron Book led the pledge of allegiance. 3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M. A motion to address item 3B at the beginning of the zoning agenda was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. 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. B. (Taken out of order) Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR ALLEN'S 2 GO GOURMET MARKET, LOCATED AT 19018 NE 29 AVENUE, TO PERMIT ONE ADDITIONAL WALL SIGN WHERE ONLY ONE WALL SIGN IS ALLOWED BY CODE; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Berger. Community Development Director Brenda Kelley explained the request of the applicant and entered the staff report into the record. Mayor Snyder opened the public hearing. The following individual addressed the Commission: Ronald L. Book, Esq., representing the applicant, 2999 NE 191st Street, PH6. There being no further speakers, the public hearing was closed. The motion for approval of the resolution passed, 6-1, with Commissioner Beskin voting no, and Resolution No. 98-75 was adopted. A. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE TO PERMIT A SECONDARY WALL SIGN WHICH SIZE EXCEEDS THAT ALLOWED BY CODE; APPROVING A SIGN VARIANCE TO PERMIT A THIRD WALL SIGN WHERE ONLY TWO WALL SIGNS ARE ALLOWED BY CODE FOR ONE TURNBERRY PLACE, LOCATED AT 19495 BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Perlow and seconded by Commissioner Holzberg. Ms. Kelley explained the request of the applicant and entered the staff report into the record. Mayor Snyder opened the public hearing. The following individuals addressed the Commission: Raymond Robin, representing Washington Mutual; and George Berlin, Turnberry and Associates. There being no further speakers, the public hearing was closed. An amendment to deny the requested third wall sign was offered by Commissioner Perlow, seconded by Commissioner Beskin and passed, 4-3, with Mayor Snyder, Commissioners Beskin, Perlow, and Rogers-Libert voting yes and Commissioners Holzberg, Berger and Vice Mayor Cohen voting no. The motion for approval of the resolution, as amended, passed 5-2, with Mayor Snyder, Vice Mayor Cohen, Commissioners Beskin, Perlow and Rogers-Libert voting yes and Commissioners Holzberg and Berger voting no and Resolution No. 98-76 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 A SIDEWALK ON ONLY ONE (1) SIDE OF A STREET FOR PROPERTY LOCATED EAST OF WILLIAMS ISLAND ON THE SOUTHERNMOST ISLAND IN DUMFOUNDLING BAY, TO TWO ISLANDS DEVELOPMENT CORP.; PROVIDING FOR AN EFFECTIVE DATE. 2 Ms. Kelley explained the request of the applicant and entered the staff report into the record. A motion for approval was offered by Commissioner Beskin and seconded by Commissioner Rogers-Libert. Mayor Snyder opened the public hearing. The following individual addressed the Commission: Gary Cohen, Two Islands Development Corp. There being no further speakers, the public hearing was closed. An amendment was offered by Commissioner Perlow and seconded by Commissioner Holzberg to provide that Developer agrees to install a sidewalk on both sides of the street on the southernmost island (subject property) if the second (north) island should be developed with residential units other than single-family homes. The amendment passed 6-1, with Commissioner Beskin voting no. The motion for approval, as amended, passed unanimously and Resolution No. 98-77 was adopted. 4. APPROVAL OF MINUTES: A motion to approve the minutes of the August 4, 1998 Commission Meeting, the August 24, 1998 Commission Meeting, and the August 24, 1998 Workshop Meeting was offered by Commissioner Rogers-Libert, seconded by Mayor Snyder and unanimously approved. 5. SPECIAL PRESENTATIONS: None 6. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Commissioner Berger requested removal of items 7B and 7F and Commissioner Beskin requested removal of items 7A and 7D, all from the Consent Agenda. 7. CONSENT AGENDA: A motion to approve the items remaining on the Consent Agenda was offered by Commissioner Rogers-Libert, seconded by Commissioner Berger, unanimously passed and the following action was taken: C. Resolution No. 98-78 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 AGREEMENT BETWEEN THE CITY OF AVENTURA AND METROPOLITAN DADE COUNTY TO PROVIDE A COMMUNITY DRUG & CRIME PREVENTION PROGRAM; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. E. The following motion was passed: 3 MOTION AUTHORIZING THE APPROPRIATION OF UP TO $63,000 FOR RADIO EQUIPMENT, TWELVE LAPTOP COMPUTERS, AIR CARD MODEMS AND TRAFFIC CONES FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM 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, 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 CITY OF SUNNY ISLES 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. A motion for approval, subject to correction of typographical and grammatical errors and omissions was offered by Commissioner Perlow, seconded by Commissioner Holzberg, unanimously passed and Resolution No. 98-79 was adopted. B. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA REQUESTING THE MIAMI-DADE COUNTY COMMISSION TO EXPEDITE THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF NE 207TM STREET AND NE 30TM AVENUE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Perlow. An amendment was offered by Commissioner Berger, seconded by Commissioner Perlow and unanimously passed to provide in the first Whereas clause that the subject intersection is dangerous to motorists as well. The motion for approval, as amended, passed unanimously and Resolution No. 98-80 was adopted. D. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA AND CHAMPION RETAIL LIMITED 4 PARTNERSHIP CONCERNING DRAINAGE AND ROAD IMPROVEMENTS; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg, seconded by Commissioner Berger, unanimously passed and Resolution No. 98-81 was adopted. F. Mr. Weiss read the following motion: MOTION TO APPROVE AVENTURA FOUNDERS PARK CONSTRUCTION MODIFICATIONS AS OUTLINED IN CITY MANAGER'S MEMORANDUM DATED AUGUST 25, 1998 The motion was offered by Commissioner Beskin, seconded by Commissioner Rogers-Libert and unanimously approved. 8. PUBLIC HEARING: ORDINANCES - FIRST READING: Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA (THE CITY"), AMENDING THE CITY CODE BY AMENDING CHAPTER 34 "PLANNING AND ZONING", BY AMENDING ARTICLE II "QUASI JUDICIAL MATTERS", BY CREATING SECTION 34-33 "PUBLIC STATEMENTS BY COMMISSIONERS" TO REQUIRE THE MAYOR AND COMMISSIONERS TO AVOID PUBLICLY EXPRESSING THEIR INTENTION TO VOTE FOR OR AGAINST A QUASI JUDICIAL MATTER PRIOR TO HEARING; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Beskin, and seconded by Commissioner Rogers-Libert. A motion for deferral in order to obtain further information was offered by Vice Mayor Cohen and seconded by Commissioner Holzberg. The motion for deferral failed, 5-2, with Mayor Snyder, Commissioners Berger, Beskin, Perlow and Rogers-Libert voting yes and Vice Mayor Cohen and Commissioner Holzberg voting no. An amendment was offered by Commissioner Rogers-Libert and seconded by Commissioner Beskin to amend Section 1 to prohibit a member of the Commission from working to influence public opinion. The amendment passed, 5-2, with Commissioner Berger and Vice Mayor Cohen voting no. An amendment was offered by Commissioner Rogers-Libert and seconded by Commissioner Beskin to amend section 1 (c) to substitute public censure for reprimand. The amendment passed 6-1, with Vice Mayor Cohen voting no. The following individuals addressed the Commission: Herbert Kaplow, 3530 Mystic Point Drive; Judith Jaffe, 3401 N. Country Club Ddve; Leonard Brenner, 19355 Tumberry Way; Paul Libert, La Mirage; Muriel Cohen, 3701 N. Country Club Drive; and 5 Leonard Geller, Commodore Plaza. Commissioner Berger moved to amend the ordinance to prohibit the public from questioning the Commission on a quasi-judicial matter. The motion failed for lack of second. An amendment was offered by Commissioner Berger and seconded by Commissioner Perlow to provide in section 1(c) "subject to rules adopted by the City Commission providing the accused Commissioner with a fair hearing, including an opportunity to be heard". The amendment passed unanimously. An amendment was offered by Commissioner Perlow, seconded by Commissioner Rogers-Libert and unanimously passed to provide in section l(a) that Mayor and Commissioners shall each avoid publicly expressing their intention, directly or indirectly. The motion for approval of the ordinance, as amended, passed 6-1 by roll call vote, with Vice Mayor Cohen voting no. 9. PUBLIC HEARING: ORDINANCES - SECOND 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 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 Rogers-Libert and seconded by Commissioner Holzberg. An amendment was offered by Commissioner Rogers- Libert and seconded by Commissioner Holzberg to provide in Section 1 "Notwithstanding anything to the contrary above, this moratorium shall not apply to any office buildings to be constructed within a Commercial Zoning District, so long as such office building does not exceed a height of 20 stories or 200 feet, whichever is less." The amendment passed unanimously. Mayor Snyder opened the public hearing. The following individual addressed the Commission: Clifford Schulman, Esq., 1221 Brickell Avenue. There being no further speakers, the public hearing 6 was closed. The motion for approval, as amended, passed unanimously by roll call vote and Ordinance No. 98-20 was enacted. 10, RESOLUTIONS: None 1'1. OTHER BUSINESS: None '12. REPORTS: As presented. '13. PUBLIC COMMENTS: The following individual addressed the Commission: Reverend Will Keyser, 20900 W. Dixie Highway. 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 9:15 p.m. Teresa M. Smith, CMC, City Clerk Approved by the Commission on October 6, 1998. Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing witl 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 appea! is to be based.