10-06-1998 Commission Me... (2) MINUTES
CITY COMMISSION MEETING
TUESDAY, OCTOBER 6, 1998 6:00 P.M.
Biscayne Medical Arts Center
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 ware 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 David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. 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
these hearings ware sworn in by the City Clerk.
A. Mr. Wolpin 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
Mr. Soroka read for the record a request from Stanley Price, Esq., on behalf of the
applicant, that this matter be withdrawn. Michael A. Larkin, Esq., 200 S. Biscayne
Blvd. also representing the applicant, addressed the Commission in support of this
request.
4. APPOINTMENT OF VICE MAYOR EFFECTIVE OCTOBER 1, 1998: Upon motion
made by Commissioner Rogers-Libert, seconded by Commissioner Berger and
unanimously passed, Harry Holzberg was elected Vice Mayor effective October 1,
1998 for a period of 6 months.
5. APPROVAL OF MINUTES: A motion to approve the minutes of the September 1,
1998 Commission Meeting, the September 8, 1998 Workshop Meeting, the
September 10, 1998 Commission Meeting, and the September 28, 1998 Workshop
Meeting was offered by Commissioner Rogers-Libert, seconded by Commissioner
Cohen and unanimously approved.
6. SPECIAL PRESENTATIONS: None
7. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS:
Commissioner Cohen requested removal of item 8-A and Commissioner Perlow
requested removal of items 8-D & E, all from the Consent Agenda.
8. 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 items were approved:
B. MOTION TO ADOPT 1999 LEGISLATIVE PROGRAMS AND
PRIORITIES IN ACCORDANCE WITH CITY MANAGER'S
MEMORANDUM DATED SEPTEMBER 29, 1999
F. Resolution No. 98-82:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA URGING THE FEDERAL GOVERNMENT TO
DEVELOP AN AFFORDABLE, EFFICIENT AND STANDARDIZED
SYSTEM FOR TRACKING AND REPORTING OF FEDERAL GRANTS;
PROVIDING FOR AN EFFECTIVE DATE.
The following items were removed from the Consent Agenda and addressed
separately:
A. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $20,000
FROM THE POLICE FORFEITURE FUND FOR TRAFFIC FLOW
ENHANCEMENT PROGRAM AT THE IVES DAIRY ROAD
INTERSECTION IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM DATED SEPTEMBER 23, 1998
This motion was offered by Commissioner Holzberg, seconded by Commissioner
Rogers-Libert and unanimously passed.
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D. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 98-8-17-2-2, PARKSIMEDIANSIRIGHT-OF-WAY
MAINTENANCE, TO LUKES' LANDSCAPING, INC., AT THE BID PRICE
OF $577,000; AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO
TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE
AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID
AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin, seconded by
Commissioner Berger, unanimously passed, and Resolution No. 98-83 was
adopted.
E. Mr. Wolpin 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 REAL ESTATE PURCHASE AND SALE CONTRACT BY
AND BETWEEN THE CITY OF AVENTURA AND AL SCHNEIDER,
TRUSTEE; 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 was offered by Commissioner Rogers-Libert and seconded by
Commissioner Beskin. An amendment was offered by Commissioner Pedow, seconded
by Commissioner Rogers-Libert and unanimously passed to provide that execution of
the contract be subject to approval by Miami-Dade County of the Safe Neighborhood
Parks Program grant in the amount of $1,027,100. The motion for approval, as
amended, was unanimously passed and Resolution No. 98-84 was adopted.
C. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AMENDING RESOLUTION NO. 97-61, WHICH
ESTABLISHED THE RATE OF STORMWATER UTILITY FEE, BY
AMENDING THE RATE OF THE STORMWATER UTILITY FEE FOR
THE CITY OF AVENTURA STORMWATER MANAGEMENT SYSTEM;
PROVIDING FOR AN EFFECTIVE DATE.
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A motion for approval was offered by Commissioner Rogers-Libert and seconded by
Commissioner Berger. Mayor Snyder opened the public hearing. There being no
speakers, the public hearing was closed. The motion for approval passed
unanimously and Resolution No, 98-85 was adopted.
PUBLIC HEARING: ORDINANCES - FIRST READING: Mr. Wolpin read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; EXTENDING
THE DURATION OF THE EXISTING BUILDING MORATORIUM ON
ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT
PERMITS WITHIN THE MARINA AREA AND THE HOSPITAL AREA, AS
PREVIOUSLY IMPOSED PURSUANT TO ORDINANCE NO. 97-22, AND
AS AMENDED PURSUANT TO ORDINANCE NO. 98-08, OF THE CITY
OF AVENTURA; BY AMENDING SECTION 8 "TERM" OF ORDINANCE
NO. 97-22, AS AMENDED, TO PROVIDE FOR A FURTHER EXTENSION
OF THE TERM OF SUCH MORATORIUM, SO AS TO ENABLE CI'FY'S
COMPREHENSIVE PLAN TO BE COMPLETED AND IMPLEMENTED;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Rogers-Libert, and seconded by
Vice Mayor Holzberg. Mayor Snyder opened the public hearing. There being no
speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote.
10. PUBLIC HEARINGS: ORDINANCES - SECOND READING: Mr. Wolpin 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 was offered by Commissioner Berger and
seconded by Vice Mayor Holzberg to table this item subject to conditions. The Chair
ruled that a motion to table with conditions was inappropriate and disregarded the
motion. Mayor Snyder opened the public hearing. The following individuals
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addressed the Commission: Marian Nesbitt, 20185 East Country Club Drive; Roy
Cohen, 19355 Turnberry Way; Judith Jaffa, 3401 N. Country Club Drive and
Leonard Brenner, 19355 Turnberry Way. There being no further speakers, the
public hearing was closed. A motion to change this ordinance to a resolution was
offered by Mayor Snyder, seconded by Commissioner Berger and failed, 3-4, with
Mayor Snyder and Commissioners Berger and Cohen voting yes, and
Commissioners Beskin, Rogers-Libert, Perlow and Vice Mayor Holzberg voting no.
A motion to table this ordinance indefinitely was offered by Commissioner Berger,
seconded by Commissioner Cohen and failed, 2-5, with Commissioners Berger and
Cohen voting yes and Commissioners Beskin, Rogers-Libert, Perlow, Vice Mayor
Holzberg and Mayor Snyder voting no. The motion for approval passed unanimously
by roll call vote and Ordinance No. 98-23 was enacted.
11. RESOLUTIONS: None
12. OTHER BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION: AVENTURA CHAMBER OF
COMMERCE PRIDE PROGRAM: Keith Marshall, representing the
Aventura Chamber of Commerce, explained this program which consists
of selling inscribed paver bricks at Aventura Founders Park and requested
that the City join with the Chamber in implementation thereof. A motion to
proceed with the program as set forth in the City Manager's Memorandum
dated October 1, 1998 was offered by Commissioner Berger, seconded by
Commissioner Rogers-Libert and unanimously passed.
B. FUTURE MEETING DATES: It was the consensus of the Commission to
schedule the following meeting dates: November 17, 1998 and December
15, 1998, both at 6 p.m.
13. REPORTS: As presented.
14. PUBLIC COMMENTS: None.
'IS. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded arid unartimoL~y~ca, ssed, the meeting
adjourned at 8:20 p.m. \ ~/..~)~( ~/! l /( ./~
Teresa M. Smith, CMC, City Clerk
Approved by the Commission on November 17, 1998.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or headng
will need a record of the prcceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings if made,
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