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05-04-1999 Commission Meeting MINUTES CITY COMMISSION MEETING TUESDAY, MAY 4, 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, Harry Holzberg, Jeffrey M. Perlow, Vice Mayor Patricia Rogers-Libert, 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. Muriel Cohen 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 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 SPECIAL EXCEPTION APPROVAL TO SPACING AND DISTANCE REQUIREMENTS FOR, THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES TO CAVIAR & MORE MIAMI, INC. LOCATED AT 19501 BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE DATE. Brenda Kelley, Community Development Director, explained the request of the applicant and entered the staff report into the record. A motion for approval, with an amendment to the resolution to provide for sale for off-premises consumption and wine-tasting only on-premises was offered by Commissioner Perlow and seconded by Commissioner Berger. Mayor Snyder opened the public hearing. The following individual(s) addressed the Commission: Nancy Terminello, Esq., 2700 SW 37~h Avenue, representing the applicant; Mark Saslavsky, owner; and George Berlin, Turnberry & Associates. There being no further speakers, the public hearing was closed. Commissioner Perlow withdrew his amendment to the approval of the resolution. The motion for approval of the resolution failed 2- 5, with Commissioners Beskin and Cohen voting yes. B. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR EYE CARE CENTERS OF AMERICA, INC. (D.B.A. VISIONWORKS), LOCATED AT 21175 BISCAYNE BOULEVARD, TO PERMIT THE ERECTION OF A SECOND WALL SIGN ON THE NORTH ELEVATION, SIGN SIZE NOT TO EXCEED 28 SQUARE FEET, WHERE ONE (1) WALL SIGN IS ALLOWED BY CODE; AND PROVIDING AN EFFECTIVE DATE. 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: Grisell Forte, and Dr. Steven Frifeld, representing the applicant. There being no further speakers, the public hearing was closed. A motion for approval was offered by Commissioner Beskin and seconded by Vice Mayor Rogers-Libert. The motion for approval of the resolution failed, 2-5, with Commissioner Beskin and Vice Mayor Rogers-Libert voting yes. A motion to deny this application was offered by Commissioner Berger, seconded by Commissioner Holzberg and passed, 5-2, with Commissioner Beskin and Vice Mayor Rogers-Libert voting no. C. Mr. Weiss read the following motion: MOTION TO AUTHORIZE EXTENSION OF TEMPORARY TRAILER BUILDING PERMIT FOR THE CHABAD HOUSE OF NORTH DADE SUBJECT TO CONDITIONS CONTAINED IN STAFF REPORT DATED APRIL 29, 1999 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: Alan Rosenthal, Esq., 2875 NE 191~ Street, on behalf of the applicant. There being no further speakers, the public hearing was closed. A motion for approval, 2 subject to cross parking agreement, bank approval of the application and building permit being obtained within 30 days and construction commencing 10 days thereafter was offered by Commissioner Holzberg, seconded by Commissioner Perlow and passed unanimously. 4. APPROVAL OF MINUTES: A motion to approve the minutes of the April 6, 1999 Commission Meeting, the April 20, 1999 Special Meeting and the April 20, 1999 Workshop Meeting, was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. 5, AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: 6. SPECIAL PRESENTATIONS: Mayor Snyder presented Certificates of Appointment to the members of the Recreation and Cultural Arts Advisory Board. (6:30 p.m.) 7. CONSENT AGENDA: Commissioner Beskin requested removal of item 7-A, and Commissioner Perlow requested removal of item 7-D, both from the Consent Agenda. A motion to approve the remainder of the Consent Agenda was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Cohen unanimously passed and the following action was taken: B. Resolution No. 99-20 was approved as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN MYSTIC POINTE MASTER ASSOCIATION 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. C. Resolution No. 99-21 was approved as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF EL PORTAL FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER 3 TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 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 COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 99-4-19-2, N.E. 190th STREET IMPROVMENTS, TO VlLA & SON LANDSCAPING, INC., AT THE BID PRICE OF $649,728.10; 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. A motion for approval was offered by Commissioner Beskin and seconded by Commissioner Holzberg. A motion for deferral to the June meeting was offered by Vice Mayor Rogers-Libert and seconded by Commissioner Cohen. The motion for deferral failed 3-4 with Commissioner Cohen, Vice Mayor Rogers-Libert and Mayor Snyder voting yes. The motion for approval passed 5-2, with Commissioner Cohen and Vice Mayor Rogers-Libert voting no and Resolution No. 99-22 was approved. D. Mr. Weiss read the following motion by title: MOTION TO AUTHORIZE CITY MANAGER TO PURSUE THE PURCHASE OF TWO ADDITIONAL ACRES SOUTH OF THE HUBER TRACT Barry Simmet, representing Magnum Marine, addressed the Commission. A motion was offered by Commissioner Perlow, seconded by Vice Mayor Rogers-Libert and unanimously passed to direct the City Manager to commence negotiations with property owner to purchase the property. If negotiations fail, City Manager shall obtain Commission approval to pursue condemnation process. 8. PUBLIC HEARING: ORDINANCES - FIRST READING: None 9. PUBLIC HEARINGS: ORDINANCES - SECOND READING: None. 4 10. RESOLUTIONS: None. 11. OTHER BUSINESS: None. 12. REPORTS: As presented. The City Attorney was directed by the Commission to prepare an ordinance to provide that a lobbyist employed by the City may not appear before the City Commission on other matters for a period of one year after his employment on the City's behalf. 13. PUBLIC COMMENTS: The following individuals addressed the Commission: Joe Platnick, Del Prado; Mr. Berlin; Ginger Grossman, W. Country Club Drive; Harry Crook, Commodore Plaza; Betsy Graber, 20940 Bay Court; and Art Grossman, West Country Club Drive. 14. ADJOURNMENT: Them being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 7:45 p.m. ~resa M. Sor~__~_~', MCtCity Clerk Approved by the Commission on June 1, 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.