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06-01-1999 Commission Meeting MINUTES CiTY COMMISSION MEETING TUESDAY, JUNE 1, 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. Paul Libert 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. 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 EAGLE NATIONAL BANK, LOCATED AT 2999 NE 191 STREET, TO ALLOW A PERMITTED WALL SIGN ON THE NORTH ELEVATION TO BE LOCATED MORE THAN 50% ABOVE THE BUILDING'S ROOFLINE; DENYING A SIGN VARIANCE TO ALLOW A SECOND WALL SIGN ON THE EAST ELEVATION AND TO BE LOCATED MORE THAN 50% ABOVE THE BUILDING'S ROOFLINE, WHERE ONLY ONE ('1) WALL SIGN IS ALLOWED BY CODE; 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: Laurie Thompson, Esq., and Jacqueline Stoneberger, 701 Brickell Avenue, representing the applicant. There being no further speakers, the public hearing was closed. A motion for approval with a condition that the sign on the north side not be lighted was offered by Commissioner Berger and seconded by Vice Mayor Rogers- Libert. A motion to delete the condition was offered by Commissioner Beskin, seconded by Mayor Snyder and passed, 4-3, with Commissioners Berger, Holzberg and Vice Mayor Rogers-Libert voting no. A motion to vote on Sections 1 and 2 of the Resolution separately was offered by Commissioner Perlow, seconded by Mayor Snyder and unanimously passed. The motion to approve Section 1 passed 6-1, with Commissioner Holzberg voting no. The motion to approve Section 2 passed unanimously. Resolution No. 99-23 was adopted. 4, APPROVAL OF MINUTES: A motion to approve the minutes of the May 4, 1999 Workshop Meeting, the May 4, 1999 Commission Meeting, the May 10, 1999 Workshop Meeting and the May 24, 1999 Workshop Meeting was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Berger and unanimously passed. 5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: 6. SPECIAL PRESENTATIONS: Mayor Snyder presented a Certificate to Mrs. Patricia Cook in memory and honor of Harry Crook and noted that a tree would be planted in his name in Founders Park. 7. CONSENT AGENDA: Commissioner Beskin requested removal of items 7C and 7E, Vice Mayor Rogers-Libert requested removal of item 7B and Commissioner Perlow requested removal of item 7A, all from the Consent Agenda. A motion to approve the remainder of the Consent Agenda was offered by Commissioner Holzberg, seconded by Vice Mayor Rogers-Libert, unanimously passed and the following action was taken: D. The following motion was approved: MOTION TO APPROVE CITY MANAGER'S PEFFORMANCE EVALUATION PACKAGE AS OUTLINED IN EXHIBIT "A" The following items ware removed from the Consent Agenda and 2 addressed separately: 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 AGREEMENT BETWEEN THE CITY OF AVENTURA AND ZAMBELLI INTERNATIONAL FIREWORKS MANUFACTURING CO., INC, FOR THE PROVISION OF FIREWORKS DISPLAYS AS SET FORTH IN RFP 99-5-12-2; 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, seconded by Commissioner Beskin, unanimously passed and Resolution No. 99-24 was adopted. B. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA SUPPORTING MIAMI-DADE COUNTY MAYOR ALEX PENELAS'S "TRANSIT NOT TOLLS" TRANSPORTATION IMPROVEMENT PACKAGE WHICH PROVIDES FOR ELIMINATING TOLLS ON CERTAIN ROADS AND GENERATING NEW REVENUE FOR TRANSPORTATION FROM A ONE CENT SALES TAX INCREASE; URGING ALL CITY RESIDENTS TO SUPPORT MAYOR PENELAS'S PLAN AND THE SALES TAX INCREASE TO PROVIDE TRANSPORTATION IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Beskin and seconded by Commissioner Cohen. An amendment to include a WHEREAS clause stating there is no dedicated local source of revenue was offered by Vice Mayor Rogers- Libert, seconded by Commissioner Perlow and failed 3-4, with Commissioners Beskin, Perlow and Vice Mayor Rogers-Libert voting yes. An amendment to the fourth WHEREAS clause to provide that Mayor Penelas's proposal would create a dedicated source of revenue from a one cent sales tax was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Perlow and passed 4-3, with Commissioners Cohen, Hotzberg and Mayor Snyder voting no. The motion for approval of the Resolution, as amended, passed unanimously and Resolution No. 99-25 was adopted. C. Mr. Weiss read the following resolution by title: 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE TRANSFER OF THE TCI TKR OF SOUTH FLORIDA, INC. CABLE TELEVISION FRANCHISE FROM TCI TO MEDIAONE; AND PROVIDING AN EFFECTIVE DATE. Braulio L. Baez, Esq., representing Leibowitz & Associates, the City's cable counsel, addressed the Commission. A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by Commissioner Perlow. A motion to defer this matter with directions to staff was offered by Commissioner Perlow, seconded by Vice Mayor Rogers-Libert and unanimously passed. E. Mr. Weiss read the following motion: MOTION TO APPROVE THE RENAMING OF NE 209TM STREET TO DR. BRADLEY I. SlLVERMAN WAY A motion to defer this matter pending creation of criteda for re-naming streets within the City was offered by Vice Mayor Rogers~Libert, seconded by Commissioner Beskin and unanimously passed. 8. PUBLIC HEARING: ORDINANCES- FIRST READING: None 9. PUBLIC HEARINGS: ORDINANCES - SECOND READING: None. 10. RESOLUTIONS: None. 11. OTHER BUSINESS: None. 12. REPORTS: As presented. Mayor Snyder requested that Commissioner Perlow and staff review possible alternatives in the event of closure of Loehmann's Shopping Center. Mayor Snyder appointed Commissioners Berger and Holzberg to co-chair a committee to plan an elaborate Veterans Day ceremony. 13. PUBLIC COMMENTS: The following individuals addressed the Commission: Ginger Grossman, West Country Club Drive; Fran Ricca, Keyes Real Estate Company, and Judith Jaffe, 3401 N. Country Club Ddve. 14. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, 4 the meeting adjourned at 8:30 p.m. Teresa M. S~a, CMC, City Clerk Approved by the Commission on July 6, 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. 5