11-17-1998 Commission Meeting MINUTES
CITY COMMISSION MEETING
TUESDAY, NOVEMBER 17, 1998 6:00 P.M.
Biscayne Medical Arts Center
2'1'110 Biscayne Boulevard Suite 10'1
Aventura, Florida
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Vice Mayor Harry Holzberg. Present were Commissioners Arthur Berger, Jay R.
Beskin, Ken Cohen, Jeffrey M. Perlow, Vice Mayor Harry Holzberg, Mayor Snyder
(arrived at 6:35 p.m.), City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and
City Attomey David M. Wolpin. Commissioner Patricia Rogers-Libert was absent
due to illness. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE. Ted Holzberg 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
these hearings were 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 SITE PLAN APPROVAL FOR A
SELF-SERVICE STORAGE FACILITY IN A BU-2, SPECIAL BUSINESS
DISTRICT AS REQUIRED PURSUANT TO SECTION 33-247(38) OF
THE MIAMI-DADE COUNTY CODE; GRANTING A VARIANCE FROM
CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE TO ALLOW A
FLOOR AREA RATIO OF 1.66, WHERE A MAXIMUM FLOOR AREA
RATIO (FAR) OF 0.84 IS ALLOWED; GRANTING A VARIANCE FROM
CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE REQUIRING A
DECORATIVE MASONRY WALL AT LEAST FIVE (5) FEET IN HEIGHT
ERECTED ON THE BUSINESS LOT OF THE COMMON PROPERTY
LINE ADJACENT TO RESIDENTIAL PROPERTY WHERE A
PROVISION OF CHAINLINK FENCE IS PROPOSED ON THE REAR
PROPERTY LINE; GRANTING SPECIAL EXCEPTION APPROVAL
FROM CHAPTER 33 OF THE DADE COUNTY CODE REQUIRING
THAT RESIDENTIAL USES ARE SUBJECT TO PUBLIC HEARING
APPROVAL IN A BU-2, SPECIAL BUSINESS DISTRICT WHERE A
PROVISION OF A MANAGER'S APARTMENT ON SITE IS
PROPOSED; DENYING A VARIANCE FROM SIGN ORDINANCE NO.
97-17 PERMITTING WALL SIGNS ONLY ON BUILDINGS WHERE THE
MAJORITY OF THE FLOOR AREA IS IN RETAIL USE WHERE A
PROVISION OF TWO (2) WALL SIGNS IS PROPOSED FOR A NON-
RETAIL USE FOR PROPERTY LOCATED AT THE SOUTHEAST
CORNER OF UNIMPROVED MIAMI-GARDENS DRIVE EXTENSION
AND JACK SMITH BOULEVARD; PROVIDING AN EFFECTIVE DATE.
Ronald Shapo, Esq., 200 S. Biscayne Blvd., on behalf of the applicant,
requested that this matter be deferred to December 15, 1998. Harry Crook,
Commodore Plaza, addressed the Commission. A motion for deferral of this
matter to December 15, 1998 at 6 p.m. was offered by Commissioner Cohen
and seconded by Vice Mayor Holzberg. The motion passed, 4-1, with
Commissioner Beskin voting no.
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A NON-USE VARIANCE OF
SETBACK REQUIREMENTS TO PERMIT A DUMPSTER ENCLOSURE
TO BE SETBACK FIVE (5) FEET WHERE A TWENTY-FIVE (25) FOOT
SETBACK IS REQUIRED AT SUMMIT APARTMENTS, LOCATED AT
3100 NE 190 STREET; PROVIDING AN EFFECTIVE DATE.
A motion for approval of the resolution was offered by Commissioner Perlow and
seconded by Commissioner Berger. Brenda Kelley, Community Development
Director, explained the request of the applicant and entered the staff report into
the record. Vice Mayor Holzberg opened the public hearing. The following
individuals addressed the Commission: Tom Gilley, architect for the applicant,
462 W. 81st Street, Hialeah. There being no further speakers, the public hearing
was closed. The motion for approval failed unanimously. A motion to deny the
applicant's request was offered by Commissioner Berger, seconded by
Commissioner Perlow and unanimously passed.
C. Mr. Wolpin read the following resolution by title: 2
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 COURTYARD RESTAURANT, CHINA GRILL CAFI~, AT
AVENTURA MALL, LOCATED AT 19501 BISCAYNE BOULEVARD;
PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Perlow and seconded by
Commissioner Berger. Ms. Kelley explained the request of the applicant and
entered the staff report into the record. Vice Mayor Holzberg opened the public
hearing. The following individuals addressed the Commission: Phil Ward,
consultant to applicant, 2525 SW 3rd Avenue; Mr. Fagan, applicant; (Mayor
Snyder arrived during this public hearing). There being no further speakers, the
public hearing was closed. The motion for approval passed unanimously and
Resolution No. 98-86 was adopted.
D. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING MODIFICATION TO A
PREVIOUSLY APPROVED MULTI-TENANT CENTER CRITERIA TO
PERMIT TWO (2) WALL SIGNS LARGER THAN PREVIOUSLY
APPROVED FOR COURTYARD MARRIOTT LOCATED AT 2825 NE
191 STREET; PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Berger and seconded by
Vice Mayor 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: Mr. Ward;
George Berlin, Turnberry & Associates. There being no further speakers, the
public hearing was closed. Commissioner Perlow offered a motion to amend
the resolution to approve only the eastern sign. The motion died for lack of
second. The motion for approval passed unanimously and Resolution No. 98-
87 was adopted.
E. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A MODIFICATION OF
RESOLUTION NO. 644 ONLY AS THIS APPROVAL RELEASES THE
PREVIOUS APPROVAL PERMITTING A CONCRETE BLOCK AND
READY MIX CEMENT PLANT; GRANTING UNUSUAL USE APPROVAL
PURSUANT TO SECTION 33-13 OF THE MIAMI-DADE COUNTY CODE
TO ALLOW OUTDOOR PATIO AND TABLE SERVICE IN
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CONNECTION WITH A RESTUARANT; GRANTING PUBLIC HEARING
APPROVAL PURSUANT TO SECTION 33-58 OF THE MIAMI-DADE
COUNTY CODE TO ALLOW A BUILDING WHICH HEIGHT EXCEEDS
THE WIDTH OF THE WIDEST STREET UPON WHICH SUCH BUILDING
ABUTS; GRANTING A VARIANCE FROM CHAPTER 33 OF THE
MIAMI-DADE COUNTY CODE WHICH REQUIRES 796 PARKING
SPACES WHERE A PROVISION OF 785 PARKING SPACES IS
PROPOSED; GRANTING A VARIANCE FROM CHAPTER 33 OF THE
MIAMI-DADE COUNTY CODE WHICH REQUIRES A SIDE STREET
(SOUTH) SETBACK OF THIRTY-TWO (32) FEET WHERE
A
PROVISION OF FIFTEEN (15) FEET IS PROPOSED; GRANTING A
VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE
WHICH REQUIRES A FRONT (WEST) SETBACK OF TWENTY (20)
FEET WHERE A PROVISION OF SEVENTEEN (17) FEET IS
PROPOSED; APPROVING A VARIANCE FROM CHAPTER 33 OF THE
MIAMI-DADE COUNTY CODE WHICH REQUIRES 54,985 SQUARE
FEET OF LANDSCAPING WHERE A PROVISION OF 27,128 SQUARE
FEET OF LANDSCAPING IS PROPOSED FOR PROPERTY LOCATED
AT THE NORTHEAST CORNER OF NE 29 AVENUE AND NE 188
STREET; PROVIDING AN EFFECTIVE DATE.
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: Stanley Price, Esq., representing the
applicant, 2500 First Union Financial Center; Tony Sanchez, architect for
applicant, 405 SW 26 Road; There being no further speakers, the public hearing
was closed. A motion to amend the resolution to provide that both building
permits be pulled simultaneously was offered by Commissioner Perlow,
seconded by Commissioner Beskin and unanimously passed. A motion for
approval of the resolution exclusive of Section 7 was offered by Commissioner
Perlow, seconded by Commissioner Beskin and unanimously passed. A motion
to approve Section 7 of the Resolution was offered by Commissioner Perlow
seconded by Commissioner Beskin and passed 5-1, with Commissioner Berger
voting no. Thus, Resolution No. 98-88 was adopted.
F. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A SIGN VARIANCE TO PERMIT
AN EXTERIOR ACCESS WALL SIGN FOR CHEESECAKE FACTORY,
INC., AT AVENTURA MALL, LOCATED AT 19501 BISCAYNE
BOULEVARD; PROVIDING AN EFFECTIVE DATE.
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A motion for approval was offered by Commissioner Perlow and seconded by
Commissioner Beskin. 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: Joe Dillard, Art
Sign Co., on behalf of the applicant. There being no further speakers, the public
hearing was closed. The motion for approval passed unanimously and
Resolution No. 98-89 was adopted.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the October 6,
1998 Commission Budget Meeting, October 6, 1998 Commission Meeting, October
19, 1998 Commission Workshop, October 29, 1998 Commission Workshop and
November 9, 1998 Commission Meeting was offered by Commissioner Perlow and
seconded by Commissioner Beskin. Commissioner Berger requested that the
minutes of the October 29, 1998 meeting be amended to provide in Section #2 that
the current situation poses a danger to pedestrians and drivers as well. The
minutes, as amended, ware unanimously approved,
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS:
Commissioner Perlow requested removal of items 7-C and 7-G and Commissioner
Beskin requested removal of item 7-E, all from the Consent Agenda.
6. SPECIAL PRESENTATIONS: Mayor Snyder presented a Proclamation to Susan
Fried for her assistance to the City.
7. CONSENT AGENDA: A motion to approve the items remaining on the Consent
Agenda was offered by Commissioner Beskin, seconded by Commissioner Cohen,
unanimously passed and the following items were approved:
A. Resolution No. 98-90 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED REIMBURSEMENT AGREEMENT FOR
LEHMAN CAUSEWAY SAFETY IMPROVEMENTS BY AND BETWEEN
THE CITY OF AVENTURA AND STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION; 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. 98-91 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE ATTACHED SAFE
NEIGHBORHOOD PARKS CHALLENGE GRANT APPLICATION AS
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DESCRIBED IN EXHIBIT "A" BETWEEN THE CITY OF AVENTURA
AND MIAMI-DADE COUNTY FOR A GRANT IN THE AMOUNT OF ONE
MILLION TWENTY SEVEN THOUSAND ONE HUNDRED DOLLARS
($1,027,100) FROM THE MIAMI-DADE COUNTY SAFE
NEIGHBORHOOD PARKS BOND PROGRAM; AND AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
D. Resolution No. 98-92 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 97-167-A
FOR PROFESSIONAL LANDSCAPE ARCHITECT SERVICES FOR
N.E. 190TM LANDSCAPING AND STREET LIGHTING BY AND
BETWEEN THE CITY OF AVENTURA AND O'LEARY DESIGN
ASSOCIATES, P.A. FOR THE AMOUNT OF $46,380; AND PROVIDING
FOR AN EFFECTIVE DATE.
F. Resolution No. 98-93 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LE, I,NG A BID/CONTRACT
FOR BID NO. 98-11-2-2, N.E. 207 STREET IMPROVMENTS, TO VlLA &
SON LANDSCAPING, INC., AT THE BID PRICE OF $1,076,924.86;
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.
H. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $52,920
FOR SPECIAL DETAIL OFFICER, DIGITAL CAMERAS AND RADIO
EARPIECES FROM THE POLICE FORFEITURE FUND IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM DATED
NOVEMBER 10, 1998
I. Mr. Wolpin read the following ordinance by title which was passed on first
reading:
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 98-22, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 1998/99 FISCAL YEAR
BY REVISING THE 1998/99 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.
J. Resolution No. 98-94 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE
ATTACHED CHANGE ORDER FOR BID NO. 98-4-24-2, WILLIAMS
ISLAND BOULEVARD IMPROVEMENTS, BY AND BETWEEN THE
CITY AND M. VlLA & ASSOCIATES, INC.; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
K. Resolution No. 98-95 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
REGULATION ASSISTANCE PROGRAM CONTRACT BETWEEN THE
STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 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.
The following items ware removed from the Consent Agenda and addressed
separately:
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 34 "PLANNING AND
ZONING", AMENDING ARTICLE IV "ZONING" AT DIVISION I
"GENERALLY" TO CREATE SECTION 34-95 "RESTRICTION UPON
VARIANCE AND OTHER DEVELOPMENT APPLICATIONS"; TO
PROHIBIT ACTION UPON APPLICATIONS PRIOR TO ABATEMENT OF
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VIOLATION; REQUIRING REMOVAL BOND UNDER CERTAIN
CIRCUMSTANCES; PROVIDING FOR SEVERABIMTY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE
A motion for approval was offered by Commissioner Beskin and seconded by
Commissioner Berger. Commissioner Perlow requested that the first Whereas
clause include "or not in conformity with a permit or development order". The
motion for approval of the ordinance, as amended, passed unanimously by roll
call vote.
E. Mr. Wolpin read the following resolution by title:
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
207TH STREET AND YACHT CLUB DRIVE IN THE CITY OF
AVENTURA; AUTHORIZING CITY MANAGER TO OBTAIN AND
EXECUTE INSTRUMENTS CONCERNING DEDICATION;
AUTHORIZING ACCEPTANCE OF DEDICATION; PROVIDING FOR
EFFECTIVE DATE.
A motion for approval, including a provision in the deed that the reservation of
rights by the Waterways Association will not interfere with the City's ability to
erect public safety and other related signs in the future, was offered by
Commissioner Beskin, seconded by Commissioner Berger, unanimously passed
and Resolution No. 98-96 was adopted. Commissioner Perlow suggested that
performance bonds for possible damages incurred be negotiated by the City
Manager.
G. 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. 98-10-26-2, MUNICIPAL TRANSIT SERVICE, TO RED
TOP TRANSPORTATION INC., AT THE BID PRICE OF $224,500 PER
YEAR; 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.
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A motion for approval was offered by Commissioner Perlow, seconded by
Commissioner Cohen, unanimously passed and Reeolution No. 98-97 was
adopted.
8. PUBLIC HEARING: ORDINANCES- FIRST READING: None
9. PUBMC HEARINGS: ORDINANCES - SECOND 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 CITY'S
COMPREHENSIVE PLAN TO BE COMPLETED AND IMPLEMENTED;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Beskin and seconded by
Commissioner Berger. Mayor Snyder opened the public hearing. The following
individual addressed the Commission: Fran Ricca. Thero being no further
speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote and Ordinance No. 98-24 was enacted.
10. RESOLUTIONS: None
11.OTHER BUSINESS: None
12. REPORTS: As presented.
13. PUBLIC COMMENTS: Bernie Weinstein, 20191 E. Country Club Drive; Ginger
Grossman, 20100 W. Country Club Drive; Donald Brodey, 20281 East Country Club
Drive; Shelley Buncher, Biscayne Cove; and Art Grossman, 20100 W. Country Club
Drive.
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 8:45 p.m. . ~//]~k~_~.~
Teresa M. Smith, CMC, City Clerk
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Approved by the Commission on December 15, 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 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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