04-06-1999 Commission Meeting MINUTES
CITY COMMISSION MEETING
TUESDAY, APRIL 6, 1999 6:00 P.M.
Biscayne Medical Arts Center
2'1'1'10 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. Soroka, and City
Attorney Richard Jay Weiss. As a quorum was determined to be present, the
meeting commenced.
2. PLEDGE OF ALLEGIANCE. Dr. Barry Silverman led the pledge of allegiance.
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
Ex-parte communications by Commissioners, if any, ware 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. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A SIGN VARIANCE TO PERMIT A
WALL SIGN NOT TO EXCEED 90 SQUARE FEET FOR ORTHOPEDIC
CARE CENTER LOCATED AT 21000 NE 28 AVENUE; PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Berger 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 individual(s) addressed
the Commission: Stanley Price, Esq., 2500 First Union Financial Center, and Dr.
Barry Silverman, representing the applicant. There being no further speakers,
the public hearing was closed. An amendment was offered by Commissioner
Perlow and seconded by Commissioner Rogers-Libert to add an additional
VVhereas clause stating that the uniqueness of the services provided and the fact
that they may be emergency in nature warrant identification of the property. The
amendment passed unanimously. The motion for approval of the resolution, as
amended, passed unanimously and Resolution No. 99-16 was adopted.
4. ELECTION OF VICE MAYOR: A motion that Commissioner Patricia Rogers-
Libert serve as the next Vice Mayor was offered by Commissioner Beskin
seconded by Commissioner Berger, and unanimously passed.
5, APPROVAL OF MINUTES: A motion to approve the minutes of the March 2,
1999 Commission Meeting, the March 22, 1999 Special Meeting and the March
22, 1999 Workshop Meeting, was offered by Vice Mayor Rogers-Libert,
seconded by Commissioner Berger and unanimously passed.
6. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS:
7. SPECIAL PRESENTATIONS: None.
8. CONSENT AGENDA:
Commissioner Beskin requested removal of item 8-D, Commissioner Perlow
requested removal of items 8-A and 8-C and Commissioner Berger requested
removal of item 8-E, all from the Consent Agenda.
A motion to approve the remainder of the Consent Agenda was offered by Vice
Mayor Rogers-Libert, seconded by Commissioner Perlow, unanimously passed
and the following action was taken:
B. Resolution No. 99-17 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF
MEMBERS TO THE CITY OF AVENTURA RECREATION AND
CULTURAL ARTS ADVISORY BOARD; AND PROVIDING AN
EFFECTIVE DATE,
The following items were removed from the Consent Agenda and addressed
separately:
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A. Mr. Weiss read the following motion:
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 for approval was offered by Commissioner Perlow and seconded by
Commissioner Berger. Commissioner Perlow requested that Robed Friedman and
Judge Alfred Nesbitt address the Commission and respond to his concern regarding
impartiality as to certain issues that may come before them as Special Master. They
both confirmed that they would be impartial on any issue that may come before them,
including citations issued for violation of the City's leash law. The motion for approval
passed unanimously.
C. Mr. Soroka read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ADJUSTING 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
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by
Commissioner Perlow. Ms. Kelley provided an update as to code enforcement at
Founders Park relative to the leash law. A motion to defer this item to the next meeting
was offered by Commissioner Perlow and seconded by Commissioner Holzberg. Mayor
Snyder opened the floor to public discussion. Commissioner Berger raised a point of
order regarding members of the public speaking to this issue. Mayor Snyder ruled that
the public would be permitted to speak. Commissioner Beskin appealed the ruling of
the Chair. The ruling of the Chair prevailed with Commissioners Cohen, Beskin and
Berger voting for appeal and Commissioners Perlow, Holzberg, Vice Mayor Rogers-
Libert and Mayor Snyder voting against the appeal. The following individuals addressed
the Commission: David Vogel, Esq., Summit Apartments, 3150 NE 190th Street; Jeffrey
Green, 3808 NE 209 Terrace, Waterways; Sergio LePonte, Summit Apartments; Betsy
Graber, Waterways; Harry Crook, Commodore Plaza; Art Grossman, West Country
Club Drive; Ginger Grossman, West Country Club Drive; Adam Nathman, Summit
Apartments; Allison Friedman, Aventura Lakes; Leslie Goldman, Tumberry North
Tower; Mary Doyle, 17980 NE 31st Court; Rubin Steiner, 20301 West Country Club
Drive; and Max Israelson, Tumberry North. An amendment was offered by
Commissioner Cohen and seconded by Vice Mayor Rogers-Libert not to permit dogs at
the southern portion of Founders Park if this Resolution is passed. Commissioner
Perlow amended his motion to provide for a 90-day deferral of the resolution. The
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amendment was seconded by Commissioner Holzberg. The motion passed 4-3, with
Mayor Snyder, Vice Mayor Rogers-Libert, Commissioners Holzberg and Perlow voting
yes and Commissioners Cohen, Beskin and Berger voting no. A motion was offered by
Commissioner Perlow and seconded by Commissioner Holzberg to direct staff to
prepare an emergency ordinance providing an exception to the Code to allow
unleashed dogs at the southem portion of Founders Park during the hours of 5 p.m. to
closing, except during special City events, for a 60-day trial period. The motion passed
5-2, with Commissioners Berger and Beskin voting no.
D. Mr. Weiss read the following motion:
MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR FISCAL YEAR ENDED 9~30~98
The motion was offered by Commissioner Beskin and seconded by Vice Mayor Rogers-
Libert. Finance Support Services Director Harry M. Kilgore addressed concerns of the
Commission. The motion for approval passed unanimously.
E. 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 INTERLOCAL AGREEMENT BETWEEN
THE CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR THE
PROVISION OF PUBLIC TRANSPORTATION SERVICES WITHIN THE
CITY OF AVENTURA; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Rogers-Libert, seconded by
Commissioner Holzberg passed unanimously and Resolution No. 99-18 was adopted.
9. PUBLIC HEARING: ORDINANCES - FIRST READING: None
10. PUBLIC HEARINGS: ORDINANCES - SECOND READING:
A. Mr. Weiss read the following ordinance by title:
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
A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by
Commissioner Beskin. Mayor Snyder opened the public hearing. There being no
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speakers, the public headng was closed. The motion for approval passed
unanimously by roll call vote and Ordinance No. 99-05 was enacted.
B. 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 SIGNAGE 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 and seconded by
Vice Mayor Rogers-Libert. Mayor Snyder opened the public hearing. The
following individual spoke to this ordinance: George Bedin, Turnberry &
Associates. There being no further speakers, the public hearing was closed. An
amendment was offered by Commissioner Beskin and seconded by Vice Mayor
Rogers-Libert to amend Section 2.01(b) to add and garages after parking lots.
The motion for approval, as amended, passed 6-1 by roll call vote with Mayor
Snyder voting no and Ordinance No. 99-06 was enacted.
C. Mr. Weiss 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 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 Vice Mayor Rogers Libert and seconded by
Commissioner Berger. Mayor Snyder opened the public hearing. There being
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no speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote and Ordinance No. 99-07 was enacted.
D. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE NEGOTIATION OF A LOAN FROM THE FLORIDA
MUNICIPAL LOAN COUNCIL IN AN AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $21,000,000 TO FINANCE THE
PURCHASE OF REAL PROPERTY TO BE USED AS PARKS AND
RECREATION AND CITY ADMINISTRATIVE COMPLEX AND POLICE
STATION AND THE ACQUISITION, CONSTRUCTION, EQUIPPING
AND INSTALLATION OF IMPROVEMENTS TO THE REAL PROPERTY
AND THE REPAYMENT OF THE LINE OF CREDIT DATED DECEMBER
20, 1996, WHICH LINE OF CREDIT WAS ISSUED TO PROVIDE
TEMPORARY FUNDING FOR SAID PROJECTS; INCORPORATING
THE PROVISIONS CONTAINED IN RESOLUTION NO. 99-15 INTO THIS
ORDINANCE; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE
DATE.
A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by
Commissioner Beskin. 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. 99-08 was enacted.
11. 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 for approval was offered by Commissioner Beskin and seconded by
Commissioner Berger. Braulio L. Baez, Esq., representative of Leibowitz &
Assosciates, addressed the Commission and noted that paragraph 7 of the
affidavit would be amended to replace "comparable" with "at least as favorable
as". An amendment was offered by Commissioner Beskin, seconded by Vice
Mayor Rogers-Libert and unanimously approved to incorporate into the
agreement language regarding (~Home services as outlined in Mr. Baez's letter
dated April 6, 1999 addressed to and agreed to by Michael D. Woods, Corporate
Director of Franchising for TCl TKR. The motion for approval of the resolution, as
amended, unanimously passed and Resolution No. 99-19 was adopted.
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12. OTHER BUSINESS:
DISCUSSION AND REVIEW OF REPORT ON PROPOSED CULTURAL ARTS
CENTER ACTION PLAN (City Manager) Deferred to April Workshop Meeting.
13. REPORTS: As presented.
14. PUBLIC COMMENTS: The following individuals addressed the Commission: Mr.
Crook; Ms. Grossman.
IS. 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 9 p.m.
Teresa M. StOa, CMC, City Clerk
Approved by the Commission on May 4, 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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