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01-05-1999 Commission Meeting MINUTES CITY COMMISSION MEETING TUESDAY, JANUARY 5, 1999 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 were Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Harry Holzberg, 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. Robert Diamond 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. APPLICANT: CAR WASH II, INC. (SIMONIZ CAR WASH) At the request of the applicant, a motion to defer this item until February 2, 1999 was offered by Commissioner Rogers-Libert, seconded by Commissioner Perlow and unanimously passed. B. Commissioners Perlow and Beskin disclosed a conflict of interest due to the fact that their business offices are located on the subject property and left the room. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ABANDONING AN UNIMPROVED SEGMENT OF NE 208 TERRACE AND AN UNIMPROVED SEGMENT OF 10' WIDE ALLEY; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE A motion for approval was offered by Commissioner Rogers-Libert and seconded by Vice Mayor Holzberg. Brenda Kelley, Community Development Director, 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: Jose R Milan, Ford Armenteros & Manucy, 1950 NW 94 Avenue, Miami; and Erica Czik, General Manager of the Property, both on behalf of the applicant. 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 Cohen and unanimously passed. Commissioners Perlow and Beskin returned to the meeting. 4. APPROVAL OF MINUTES: A motion to approve the minutes of the July 20, 1998 LPA Meeting, the December 15, 1998 LPA Meeting and the December 15, 1998 Commission Meeting, was offered by Commissioner Rogers-Libert, seconded by Commissioner Cohen and unanimously passed. 5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCYADDITIONS: 6. SPECIAL PRESENTATIONS: Mayor Snyder presented Certificates of Appointment to the members of the Beautification Advisory Board. 7. CONSENT AGENDA: 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 TO EXECUTE THE ATTACHED AMENDMENT TO WORK AUTHORIZATION NO. 15414.39 FOR WILLIAMS ISLAND BOULEVARD CONSTRUCTION SERVICES BY AND BETWEEN THE CITY OF AVENTURA AND KEITH AND SCHNARS, P.A.; AUTHORIZING 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 Perlow, seconded by Commissioner Cohen, unanimously passed and Resolution No 99-01 was adopted. 8. PUBLIC HEARING: ORDINANCES- FIRST READING: None 9. PUBLIC HEARINGS: ORDINANCES - SECOND READING: A. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY CREATING ARTICLE V "CONSTRUCTION SITES" CONSISTING OF SECTION 14-100 "SECURING OF CONSTRUCTION SITES", OF CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS" TO PROVIDE FOR SECURING OF ACCESS TO AND MATERIALS AT CONSTRUCTION SITES WITHIN THE CITY; PROVIDING FOR AUTHORITY AND LEGISLATIVE FINDINGS, INTENT AND PURPOSE, OBJECTIVES, PROHIBITIONS, DEFINITIONS, ADMINISTRATION; PROVIDING PENALTY; PROVIDING SEVERABILITY; PROVIDING INCLUSION IN CODE; PROVIDING EFFECTIVE DATE. A motion for approval was offered by Commissioner Beskin and seconded by Commissioner Cohen. 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 and Ordinance No. 99-01 was enacted. B. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 26 "ELECTIONS" AT ARTICLE II "CITY COMMISSION AND MAYOR" BY CREATING SECTION 26-32 "COMMENCEMENT OF TERM OF ELECTED OFFICIALS"; PROVIDING FOR COMMENCEMENT OF TERM OF OFFICE OF ELECTED OFFICIALS OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Cohen. Mayor Snyder opened the public hearing. Thero being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll cell vote and Ordinance No. 99-02 was enacted. 10. RESOLUTIONS: None 11. OTHER BUSINESS: 3 DISCUSSION AND POSSIBLE MOTION TO PREPARE RESOLUTION REQUESTING THE FEDERAL GOVERNMENT TO CONSTRUCT A NEW POST OFFICE IN THE CITY OF AVENTURA (Commissioner Rogers-Libert) A motion was offered by Commissioner Rogers-Libert, seconded by Commissioner Berger and unanimously passed directing staff to prepare a resolution requesting Representative E. Clay Shaw's assistance in obtaining a United States Post Office in the southern portion of the City. 12. REPORTS: As presented. 13. PUBLIC COMMENTS: The following individuals addressed the Commission: Harry Crook, Commodore Plaza; David Vogel, Esq., Summit Apartments; and Joseph Platnick, Del Prado Condominium. 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 7 p.m. Teresa M. Smith, CMC, City Clerk Approved by the Commission on February 2, 1999. 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 record includes the testimony and evidence upon which the appeal is to be based. 4