02-02-1999 Commission Meeting MINUTES
CITY COMMISSION MEETING
TUESDAY, FEBRUARY 2, 1999 6:00 P.M.
Biscayne Medical Arts Center
2Il10 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, 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
Attorneys Richard Jay Weiss and Jeff Sheffel. Commissioner Jay R. Beskin was
absent. As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE. Stanley Price, Esq. 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 ware sworn in by the City Clerk.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA UPHOLDING AN ADMINISTRATIVE
SUBSTANTIAL COMPLIANCE DETERMINATION FOR PROPERTY
LOCATED AT 2751 NE 183 STREET; PROVIDING AN EFFECTIVE
DATE.
Laurie Thompson, Esq., 701 Brickell Avenue, on behalf of the applicant,
requested deferral of this item to the next meeting. A motion for deferral was
offered by Commissioner Rogers-Libert, seconded by Commissioner Cohen and
unanimously passed. Commissioner Perlow requested that Commission be
provided with a copy of the Declaration of Restrictions and legal opinion from the
City Attomey prior to the next hearing on this matter.
A. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING SPECIAL EXCEPTION APPROVAL
TO SPACING AND DISTANCE REQUIREMENTS FOR THE SALE AND
SERVICE OF ALCOHOLIC BEVERAGES TO WHOLE FOODS MARKET
GROUP, INC. LOCATED AT 21105 BISCAYNE BOULEVARD;
PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Berger and seconded by
Commissioner Perlow. 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 individual addressed the
Commission: Richie Gerber, Whole Foods Market, California. There being no
further speakers, the public hearing was closed. The motion for approval of the
Resolution, with the amendment to delete alcoholic beverages and provide for
beer and wine only, passed 5-1, with Vice Mayor Holzberg voting no and
Resolution No. 99-02 was adopted.
B. 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
NAMEPLATE SIGN IN A RESIDENTIAL DISTRICT WITH LETTER SIGN
AREA LARGER THAN ALLOWED BY CODE FOR CLASSIC
RESIDENCE BY HYATT AT AVENTURA, LOCATED AT 19333 WEST
COUNTRY CLUB DRIVE; PROVIDING AN EFFECTIVE DATE.
A motion for approval 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.
Mayor Snyder opened the public hearing. The following individuals addressed
the Commission: Clifford Schulman, Esq., 1221 Brickell Avenue. There being no
further speakers, the public hearing was closed. An amendment was offered by
Commissioner Berger, seconded by Commissioner Perlow and unanimously
passed to prohibit the sign from being illuminated. The motion for approval of the
resolution, as amended, was unanimously passed and Resolution No. 99-03
was adopted.
C. APPLICANT: CAR WASH II, INC. (SIMONIZ CAR WASH)
At the request of staff, this item was deferred.
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4. APPROVAL OF MINUTES: A motion to approve the minutes of the January 5,
1999 Commission Meeting and the January 19, 1999 Workshop Meeting, was
offered by Commissioner Rogers-Libert, seconded by Commissioner Berger and
unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS:
6. SPECIAL PRESENTATIONS: Mayor Snyder presented a Proclamation to Police
Chief Thomas E. Ribel and the Aventura Police Department.
7. CONSENT AGENDA:
Commissioner Berger requested removal of item 7-D, Commissioner Rogers-Libert
requested removal of item 7-E and Commissioner Cohen requested removal of item 7-
A, all from the Consent Agenda.
A motion to approve the remainder of the Consent Agenda was offered by
Commissioner Rogers-Libert, seconded by Commissioner Berger and the following
action was taken:
B. Resolution 99-04 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. 15414.53
FOR PREPARATION OF ENGINEERING DESIGN SURVEY ON
COUNTRY CLUB DRIVES 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.
C. Resolution 99-05 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. 15414.54
FOR PREPARATION OF CONSTRUCTION DOCUMENTS FOR
PEDESTRIAN SAFETY IMPROVEMENTS ON COUNTRY CLUB DRIVE
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.
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F. Resolution No. 99-06 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. VILA & ASSOCIATES, INC.; 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 were removed from the Consent Agenda and addressed separately:
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 98-22, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 1998199 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.
A motion for approval was offered by Commissioner Rogers-Libert, seconded by
Vice Mayor Holzberg, and unanimously passed by roll call vote.
D. Mr. Weiss read the following motion by title:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $66,000
FOR THREE (3) PATROL VEHICLES AND ONE (1) POLICE
MOTORCYCLE FROM THE POLICE FORFEITURE FUND IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM.
A motion for approval wes offered by Commissioner Rogers-Libert, seconded by
Vice Mayor Holzberg, and unanimously passed.
E. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA URGING U.S. REPRESENTATIVE E. CLAY
SHAW TO EXPLORE THE POSSIBILITY OF ESTABLISHING A NEW
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FULL SERVICE POST OFFICE IN THE SOUTHERN PORTION OF THE
CITY OF AVENTURA; AND 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 Rogers-
Libert, seconded by Commissioner Perlow and unanimously passed to provide
an additional Whereas clause relative to the traffic and its effect on the health,
safety and welfare of residents travelling to the post office and to provide that the
Resolution be forwarded also to Senators Mack and Graham for their assistance.
The motion for approval of the Resolution, as amended, unanimously passed
and Resolution No 99-07 was adopted.
8. PUBLIC HEARING: ORDINANCES - FIRST READING: Mr. Weiss read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED
CABLE FRANCHISE AGREEMENT BY AND BETWEEN THE CITY AND
TCI TKR OF SOUTH FLORIDA, INC.; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Perlow and seconded by
Commissioner Rogers-Libert. 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.
9. PUBLIC HEARINGS: ORDINANCES - SECOND READING: None
10. RESOLUTIONS: Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE TRANSFER OF CONTROL
OF THE CABLE TELEVISION FRANCHISE FROM
RIFKIN/NARRAGANSETT SOUTH FLORIDA CATV LIMITED
PARTNERSHIP ('i,,R,.N~S,,F,") TO INTERLINK COMMUNICATIONS
PARTNERS, LLLP ( ICP ) AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Perlow and seconded by
Commissioner Rogers-Libert. The motion for approval passed unanimously and
Resolution No. 99-08 was adopted.
11. OTHER BUSINESS: None
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12. REPORTS: As presented. Mayor Snyder appointed Commissioners Berger and
Rogers-Libert and Vice Mayor Holzberg to a Committee to study the Y2K issue.
13. PUBLIC COMMENTS: The following individuals addressed the Commission:
Ginger Grossman, W. Country Club Drive; Harry Crook, Commodore Plaza; David
Vogel, Summit Apartments; Albert McCausin, 19151 NE 35th Court; Mary Doyle,
17980 NE 34th Court; Robert Friedman, 20780 NE 30 Place; Audra Winston, 19701
Turnberry Way; Denise Arenow, 19667 Tumberry Way; Anthony Tedesco, 19101
Mystic Point Drive; Allison Friedman, 20780 NE 30 Place; and Carleen Rosado,
Mainsail Circle, La Mirage.
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 8:10 p.m.
Teresa M. Smith, CMC, City Clerk
Approved by the Commission on March 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.
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