03-02-1999 Commission Meeting MINUTES
CITY COMMISSION MEETING
TUESDAY, MARCH 2, 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 ware 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. Alan Rosenthal, 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 were sworn in by the City Clerk.
A. 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 THE
UNENCLOSED COURTYARD AREA AT AVENTURA MALL, LOCATED AT
19501 BISCAYNE BOULEVARD, TO BE CONSIDERED AS INTERIOR
SPACE; PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Beskin. 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: George Berlin and Jackie Softer, Tumberry & Associates.
There being no further speakers, the public hearing was closed. The motion for
approval of the resolution, with an amendment to provide for approval and sign-
off by the Miami-Dade County Fire Department, passed unanimously and
Resolution No. 99-09 was adopted.
B. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF PROPERTY CURE
FOR EMINENT DOMAIN PROCEEDINGS FOR PROPERTY LOCATED
AT 20708 BISCAYNE BOULEVARD AND LEGALLY DESCRIBED IN
EXHIBIT #1; GRANTING A NON-USE VARIANCE OF SETBACK
REQUIREMENTS TO WAIVE FIVE FEET (5') OF THE REQUIRED
FIFTEEN FOOT (18') SIDE STREET SETBACK WHERE A TEN FOOT
(10') SETBACK IS PROPOSED (BISCAYNE BOULEVARD);
GRANTING A RELEASE OF PREVIOUSLY APPROVED RESOLUTION
NO. 3-ZAB-449-65; GRANTING A NON-USE VARIANCE OF
DECORATIVE MASONRY WALL REQUIREMENTS WHERE NO WALL
IS PROPOSED; GRANTING A NON-USE VARIANCE TO WAIVE
THREE FEET (3') OF THE REQUIRED TEN FOOT (10') LANDSCAPE
STRIP BETWEEN A DECORATIVE MASONRY WALL AND PROPERTY
LINE WHERE SEVEN FOOT (7') OF LANDSCAPING IS PROPOSED;
GRANTING A NON-USE VARIANCE OF SETBACK REQUIREMENTS
TO WAIVE FIVE FEET (5') OF THE REQUIRED TWENTY FOOT (20')
REAR SETBACK WHERE A FIFTEEN FOOT (15') SETBACK IS
PROPOSED (NE 28 AVENUE); GRANTING A NON-USE VARIANCE
PROHIBITING PARKING SPACES TO BACK INTO AN ADJACENT
PRIVATE OR PUBLIC STREET WHERE THE PROVISION OF TWO (2)
SUCH SPACES IS PROPOSED; PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Perlow and seconded by
Commissioner Rogers-Libert. 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: Alan Rosenthal, Esq., 2875 NE 191~ Street, on behalf of the
applicant. There being no further speakers, the public hearing was closed. An
amendment was offered by Commissioner Perlow, seconded by Commissioner
Rogers-Libert and unanimously passed to provide that in the event the provision
of two parking spaces is deemed to be hazardous, the issue would be revisited
by the Commission. An amendment was offered by Commissioner Perlow,
seconded by Commissioner Rogers-Libert and unanimously passed to provide
Employee Parking Only signage at the two parking spaces. The motion for
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approval, as amended, passed unanimously and Resolution No. 99-10 was
adopted.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the February 2,
1999 Commission Meeting and the February 16, 1999 Workshop Meeting, was
offered by Commissioner Rogers-Libert, seconded by Vice Mayor Holzberg and
unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCYADDITIONS:
Mr. Beskin requested that items 9A and 10 be addressed at this time.
9. A. 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 Rogers-Libert and seconded
by Vice Mayor Holzberg. Mayor Snyder opened the public hearing. The following
individuals addressed the Commission: Allison Hilt, Esq., Leibowitz & Associates
and Emil Hubschman, 3640 Yacht Club Drive. There being no further speakers,
the public hearing was closed. The motion for approval passed unanimously by
roll call vote and Ordinance No. 99-03 was adopted.
10. RESOLUTIONS: Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE CHANGE OF CONTROL OF
THE TCl TKR OF SOUTH FLORIDA, INC CABLE TELEVISION
FRANCHISE FROM TCl TO AT&T CORP.; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion to defer this matter to the next Commission meeting was offered by
Commissioner Beskin and seconded by Commissioner Rogers-Libert. The
motion passed unanimously. A motion to address this matter at the March
Workshop meeting was offered by Commissioner Cohen, seconded by
Commissioner Rogers-Libert and unanimously passed.
6. SPECIAL PRESENTATIONS: None.
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7. CONSENT AGENDA:
Commissioner Perlow requested removal of items 7A, 7F, 7H and 71, and
Commissioner Beskin requested removal of item 7B, all from the Consent Agenda.
A motion to approve the remainder of the Consent Agenda was offered by
Commissioner Perlow, seconded by Commissioner Rogers-Libert unanimously passed
and the following action was taken:
C. Mr. Weiss read the following ordinance by title which passed unanimously
by roll call vote:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CITY CODE CHAPTER 2, ADMINISTRATION, ARTICLE VI, LOBBYING
ACTIVITIES, BY AMENDING IN SECTION 2-371(2) THE DEFINITION
OF LOBBYIST; PROVIDING FOR SEVERABILITY, INCLUSION IN THE
CODE AND AN EFFECTIVE DATE
D. Resolution No. 99-11 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA CONCERNING THE CITY ELECTION OF
MARCH 2, 1999, DECLARING QUALIFYING UNOPPOSED
CANDIDATES ELECTED TO OFFICE OF COMMISSIONER FOR
SEATS 1, 3 AND 6 WITHOUT NECESSITY FOR FURTHER CONDUCT
OF ELECTION PROCESS, AS CERTIFIED BY THE CITY CLERK; AND
PROVIDING AN EFFECTIVE DATE.
E. Resolution No. 99-12 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 99-2-12-2, LIBRARY AND MALL ENTRANCE SIDEWALK
AND CURB IMPROVEMENTS, TO COLONNA CONSTRUCTION
COMPANY, INC., AT THE BID PRICE OF $30,601.00 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.
G. The following motion passed unanimously:
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MOTION AUTHORIZING THE APPROPRIATION OF UP TO $45,000
FOR POLICE RADIOS AND DRUG AND CRIME PREVENTION
PROGRAMS FROM THE POLICE FORFEITURE FUND IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM DATED
FEBRUARY 25, 1999
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 COMMSSlON OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED JOINT PROJECT AGREEMENT FOR
HIGHWAY LANDSCAPING IMPROVEMENTS ALONG BISCAYNE
BOULEVARD PHASE FOUR BY AND BE'r~VEEN 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.
A motion for approval was offered by Commissioner Rogers-Libert,
seconded by Commissioner Beskin, unanimously passed and Resolution
No. 99-13 was adopted.
B. MOTION TO RATIFY THE CITY MANAGER'S RE-APPOINTMENT OF
JUDGE ALFRED ("FRED") NESBITT AND HERBERT L. KLIGER, J.D.
AND APPOINTMENT OF ROBERT A. FRIEDMAN AS SPECIAL
MASTERS
A motion to defer this item for discussion at the March 22nd Workshop
Meeting was offered by Commissioner Beskin, seconded by
Commissioner Rogers-Libert and unanimously passed.
F. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE ISLAND ESTATES PHASE I
FINAL PLAT SECTION 10 AND SECTION 11, TOWNSHIP 52 SOUTH,
RANGE 42 EAST CITY OF AVENTURA, MIAMI-DADE COUNTY,
FLORIDA; PROVIDING FOR RECORDATION; PROVIDING AN
EFFECTIVE DATE.
A motion was offered by Commissioner Perlow, seconded by
Commissioner Rogers-Libert and unanimously passed to place a
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substitute resolution (providing clerical revisions and deleting references
to a public hearing) on the agenda for consideration. A motion for approval
of the substitute resolution was offered by Commissioner Rogers-Libert,
seconded by Commissioner Beskin, unanimously passed and Resolution
No. 99-14 was adopted.
H. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
VEHICLE HANDBILL ORDINANCE PROHIBITING THE DEPOSIT OR
PLACEMENT OF COMMERCIAL ADVERTISING MATERIAL UPON
VEHICLES PARKED ON STREETS OR PARKED UPON CERTAIN
OFF-STREET PARKING AREAS; PROVIDING FOR PURPOSE AND
LEGISLATIVE FINDINGS; PROVIDING DEFINITIONS; PROVIDING
APPLICABILITY; PROVIDING PROHIBITION OF VEHICLE
HANDBILLS; PROVIDING SlGNAGE REQUIREMENTS; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin, seconded by
Commissioner Rogers-Libert and unanimously passed by roll call vote.
I. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE EXECUTION AND DELIVERY OF AN
INTERLOCAL AGREEMENT WITH OTHER GOVERNMENTAL UNITS
WHICH HAVE CREATED THE FLORIDA MUNICIPAL LOAN
COUNCIL; AUTHORIZING THE NEGOTIATION OF A LOAN IN AN
AGGREGATE AMOUNT NOT TO EXCEED $21,000,000 FROM THE
FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE
ACQUISITION, CONSTRUCTION AND ERECTION OF CERTAIN
CAPITAL PROJECTS; APPROVING THE EXECUTION AND
DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA
MUNICIPAL LOAN COUNCIL; PROVIDING CERTAIN OTHER
MATTERS IN CONNECTION WITH THE MAKING OF SUCH LOAN;
AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert, seconded by
Commissioner Berger, unanimously passed and Resolution No, 99-15 was
adopted.
8, PUBLIC HEARING: ORDINANCES - FIRST READING: Mr. Weiss read the
following ordinance by title:
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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 CITY CONCERNING BUILDING HEIGHT
LIMITATIONS AS PREVIOUSLY IMPOSED PURSUANT TO ORDINANCE
NO. 98-20 OF THE CITY OF AVENTURA; BY AMENDING SECTION 7
"TERM" OF ORDINANCE NO. 98-20 TO PROVIDE FOR EXTENSION OF
SUCH MORATORIUM, SO AS TO ENABLE CITY'S LAND
DEVELOPMENT REGULATIONS 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
Commissioner Berger. 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:
B. Mr. Weiss road 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 1998199 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 and seconded
by Commissioner Cohen. Mayor Snyder opened the public headng. There being
no speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote and Ordinance No. 99-04 was adopted.
10. OTHER BUSINESS: None
11. REPORTS: As presented.
12. PUBLIC COMMENTS: The following individuals addressed the Commission:
Art Grossman, West Country Club Drive; and Allison Friedman, Aventura Lakes.
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13. 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 8:30 p.m.
Teresa M. Smith, CMC, City Clerk
Approved by the Commission on April 6, 1999.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing wilt 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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