07-06-1999 Commission Meeting MINUTES
CITY COMMISSION MEETING
TUESDAY, JULY 6, 1999 6:00 P.M.
Biscayne Medical Arts Cente~'
21110 Biscayne Boulev~d Suite 101
Aventura, Florida
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Vice Mayor Patricia Rogers-Libert. Present were Commissioners Jay R. Beskin,
Ken Cohen, Harry Holzberg, Jeffrey M Periow, Vice Mayor Rogers-Libert, Mayor
Arthur I. Snyder (arrived at 6:45 p.m.), City Manager Eric M. Soroka, City Crerk
Teresa M. Soroka, and City Attorney Richard Jay Weiss. Commissioner Arthur
Berger was absent. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE. Donaid Brodey red the pledge of allegiance.
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
Ex-parte communications by Commissioners, if any, wore disclosed and filed with
the City Clerk in accordance with Ordinance 96-09. All witnesses giving testimony in
these hearings wore 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 DENYING THE REQUEST TO ALLOW A
VARIANCE OF ONE (1) PARKING SPACE TO PERMIT NINETEEN (19)
OFF-STREET PARKING SPACES WHERE TWENTY (20) PARKING
SPACES ARE REQUIRED; DENYING THE REQUEST TO ALLOW
TWO (2) GAS STATION CANOPY SIGNS, EACH SEVEN AND ONE-
HALF (7.5) SQUARE FEET IN AREA, WHERE THE CITY'S SIGN
ORDINANCE ALLOWS ONE (1) COMPANY LOGO SIGN NOT TO
EXCEED FOUR (4) SQUARE FEET ON EACH SIDE OF A GASOLINE
STATION CANOPY; GRANTING APPROVAL OF ONE (1) OF THE
THREE (3) PROPOSED ALUMINUM SIGNS; GRANTING APPROVAL
OF THREE (3) OF THE TEN (10) PROPOSED DIRECTIONAL SIGNS
FOR PROPERTY LOCATED AT '19055 BISCAYNE BOULEVARD AND
LEGALLY DESCRIBED IN EXHIBIT #1; PROVIDING AN EFFECTIVE
DATE.
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. Vice Mayor Rogers-Libert
opened the public hearing. The following individual(s) addressed the
Commission: Michael Snyder, Esq., 20803 Biscayne Blvd., and Mr. Maxwell,
representing the applicant. There being no further speakers, the public hearing
was closed. A motion for approval of the resolution was offered by Commissioner
Pedow and seconded by Commissioner Beskin. An amendment was offered by
Commissioner Perlow and seconded by Commissioner Beskin that should staff
deem that the 20th parking space is needed for health, safety and welfare
purposes, it be required to be added at a location mutually agreeable to staff and
applicant. The amendment passed unanimously. The motion for approval of the
resolution, as amended, passed 4-1, with Commissioner Cohen voting no and
Resolution No. 99-28 was adopted,
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM
SECTION 801.2 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW 111 OFF-STREET PARKING SPACES
WHERE 130 OFF-STREET PARKING SPACES ARE REQUIRED;
GRANTING CONDITIONAL USE APPROVAL TO ALLOW TVVO (2)
DRIVE-THROUGH TELLER LANES AT A BANK ON THE GROUND
FLOOR OF A PROPOSED OFFICE BUILDING; GRANTING APPROVAL
OF THE ABANDONMENT OF APPROXIMATELY 2,142 SQUARE FEET
OF PUBLIC ALLEYWAY PLATTED IN BLOCK 8 OF THE
HALLANDALE PARK NO. 8 SUBDIVISION; FOR PROPERTY
LOCATED BE'FWEEN NE 206 STREET AND NE 207 STREET ON THE
EAST SIDE OF EAST DIXIE HIGHWAY; PROVIDING AN EFFECTIVE
DATE.
At the request of staff, a motion for deferral of this matter to the August 3, 1999
meeting was offered by Commissioner Perlow, seconded by Commissioner
Holzberg and unanimously passed.
C. MOTION TO REHEAR THE REQUEST, PREVIOUSLY DENIED, OF
CAVIAR & MORE, INC. FOR SPECIAL EXCEPTION TO SPACING AND
DISTANCE REQUIREMENTS FOR THE SALE AND SERVICE OF
ALCOHOLIC BEVERAGES.
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No action was taken.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the June 1,
1999 Commission Meeting, the June 15, 1999 LPA Meeting and the June 15,
1999 Commission Meeting was offered by Vice Mayor Rogers-Libert, seconded
by Commissioner Cohen and unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
6. SPECIAL PRESENTATIONS: None.
7. CONSENT AGENDA:
Commissioner Beskin requested removal of items 7B, 7E, 7F and 7G from the
Consent Agenda.
A motion to approve the remainder of the Consent Agenda was offered by Vice
Mayor Rogers-Libert, and seconded by Commissioner Cohen. Commissioner
Perlow disclosed his conflict of interest as to item 7C and abstained from voting
on that item only The motion for approval unanimously passed and the following
action was taken:
A. Resolution No. 99-29 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. 99-186-A
FOR PROFESSIONAL DESIGN SERVICES FOR BISCAYNE (5/6)
PHASE II AND REMAINING PORTION OF FEC LANDSCAPE BUFFER
BY AND BETWEEN THE CITY OF AVENTURA AND O'LEARY DESIGN
ASSOCIATES, P.A.; AND PROVIDING AN EFFECTIVE DATE.
C. Resolution No. 99-30 was adopted 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 NORTH TOWER AT THE POINT
CONDOMINIUM 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.
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D. Resolution No. 99-31 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA REQUESTING THE FLORIDA BUILDING
COMMISSION TO ADOPT A FLORIDA BUILDING CODE THAT WILL
MAINTAIN THE CURRENT LEVEL OF LIFE SAFETY PROVIDED TO
THE RESIDENTS OF AVENTURA AND SOUTH FLORIDA; AND
PROVIDING AN EFFECTIVE DATE.
H. Resolution No. 99-32 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AWARDING AND LETFING A BID/CONTRACT
FOR BID NO. 99-6-28-2, NE 185TM STREET &
NE 28TM COURT IMPROVEMENTS, TO SOUTHEASTERN
ENGINEERING CONTRACTORS, INC. AT THE BID PRICE OF
$1,272,200.00; AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; PROVIDING FOR THE APPROPRIATION
AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AUTHORING
THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT
ACTION 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:
B. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING BID NO. 99-5-25-2, LEASING OF
VEHICLES TO LEASING ASSOCIATES, INC. AT THE BID PRICE OF
$458 / MONTH / PER VEHICLE FOR FOUR VEHICLES FOR A THREE
YEAR TERM; AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED LEASE DOCUMENTS; 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 Vic~ Mayor Rogers-Libert and
seconded by Commissioner Beskin. The motion passed unanimously and
Resolution No. 99-33 was adopted.
E. Mr. Weiss read the following resolution by title:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA SUPPORTING FULL FUNDING OF THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE
YEAR 2000; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Rogers-Libert,
seconded by Commissioner Holzberg, unanimously passed and
Resolution No. 99-34 was adopted.
F. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA URGING CONGRESS TO INCLUDE
MODERNIZATION OF THE COMMUNITY REINVESTMENT ACT (CRA)
IN ANY FINAL FINANCIAL SERVICES LEGISLATION; AND
PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Rogers-Libert, seconded
by Commissioner Holzberg, unanimously passed and Resolution No. 99-
35 was adopted.
G. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING CONTRACTS FOR
THE CITY'S GROUP INSURANCE PROGRAM TO UNITED
HEALTHCARE FOR (HEALTH INSURANCE), TO EAGLE
ADMINISTRATORS FOR IRS SECTION '125 PLAN ADMINISTRATOR,
TO UNUM LIFE INSURANCE COMPANY FOR LONG TERM
DISABILITY, TO FORTIS BENEFITS INSURANCE COMPANY FOR
LIFE & ACCIDENTAL DEATH AND DISMEMBERMENT; AUTHORIZING
THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON
BEHALF OF SAID CITY, TO EXECUTE ASSOCIATED CONTRACTS;
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 Rogere-Liber[, seconded
by Commissioner Beskin, unanimously passed and Resolution No. 99-36
was adopted.
8. PUBLIC HEARING: ORDINANCES- FIRST READING: None
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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, ACCEPTING AND ADOPTING IN PRINCIPLE,
SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY
OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT
FOR FISCAL YEAR 1999/00 TO 2003104; 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 Beskin and seconded by
Commissioner Cohen. An amendment to remove the cultural center plan and
associated expenses was offered by Commissioner Cohen, seconded by
Commissioner Perlow and failed 3-3, with Commissioner Beskin, Vice Mayor
Rogers-Libert, and Mayor Snyder voting no. The motion for approval of the
resolution failed 3-3, with Commissioners Cohen, Holzberg and Pedow voting no,
11. OTHER BUSINESS: None,
12. REPORTS: As presented,
13. PUBLIC COMMENTS: The following individuals addressed the Commission:
George Berlin, Tumberry & Associates; Donald Brodey, E. Country Club Drive;
and Art Grossman, W. Country Club Drive,
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 7:45 p.m.
Teresa M. Soroka, CMC/AAE City Clerk
Approved by the Commission on August 3, 1999.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing w~ll need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based
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FGRM 8B, MEMORANDUM OF VOTING ,CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
Perlow, Jeffrey H.
INSTRUCTIONS FOR COMPLIANCE wITH SECTION 112.3143, FLORIDA STATUTES