08-03-1999 Commission Meeting CITY COMMISSION MEETING
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 (arrived at 6:15 p.m. during item 3B),
Vice Mayor Patricia Rogers-Libert, Mayor Snyder, City Manager Edc M. Soroka, City
Clerk Teresa M. Soroka, and City Attorney David Wolpin. As a quorum was
determined to be present, the meeting commenced,
2. PLEDGE OF ALLEGIANCE. Cesar Phillips 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. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF A RELEASE OF
MIAMI-DADE COUNTY RESOLUTION NO. 2696; GRANTING
APPROVAL OF A RELEASE OF MIAMI-DADE COUNTY RESOLUTION
NO. 4-ZAB-471-79; GRANTING APPROVAL OF A VARIANCE FROM
SECTION 704.3.5(d) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW A FRONT YARD SETBACK OF NINETEEN
(19) FEET WHERE TWENTY-FIVE (25) FEET IS REQUIRED FOR
PROPERTY LOCATED AT '17700 BISCAYNE BOULEVARD;
PROVIDING AN EFFECTIVE DATE.
A motion for approval of the resolution was offered by Commissioner Cohen and
seconded by Vice Mayor 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. There
being no speakers, the public headng was closed. The motion for approval of the
resolution passed unanimously, 6-0, and Resolution No. 99-38 was adopted.
B. Mr. Wo~pin read the following resolution by title:
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 112 OFF-STREET PARKING SPACES
WHERE 130 OFF-STREET PARKING SPACES ARE REQUIRED;
GRANTING APPROVAL OF VARIANCE FROM SECTION 704.6.1 OF
THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A
PLOT AREA OF 1.22 ACRES WHERE 1.5 ACRES IS REQUIRED;
GRANTING CONDITIONAL USE APPROVAL TO ALLOW TWO (2)
DRIVE-THROUGH TELLER LANES AT A BANK ON THE GROUND
FLOOR OF A PROPOSED OFFICE BUILDING; GRANTING APPROVAL
OF THE ABANDONMENT OF APPROXIMATELY 2,134 SQUARE FEET
OF PUBLIC ALLEYWAY PLATTED IN BLOCK 8 OF THE
HALLANDALE PARK NO. 8 SUBDIVISION; FOR PROPERTY
LOCATED BETWEEN NE 206 STREET AND NE 207 STREET ON THE
EAST SIDE OF EAST DIXIE HIGHWAY; PROVIDING AN EFFECTIVE
DATE.
A motion for approval of the resolution was offered by Commissioner Berger and
seconded by Commissioner 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: Alan Rosenthal, Esq., 2875 NE 191st Street,
representing the applicant; and Dr. Rick Mars. There being no further speakers,
the public hearing was closed. An amendment was offered by Commissioner
Beskin and seconded by Commissioner Perlow to amend Paragraph 4 of Section
4 of the Resolution to delete the provision requiring the planting of 6 swale trees
along East Dixie Highway and require construction of 8 parking spaces on Dixie
Highway and provide that applicant shall enter into lease with Florida East Coast
Railway for 20 parking spaces on west side of Dixie Highway with appropriate
landscaping. The amendment passed 6-1, with Commissioner Berger voting no.
An amendment was offered by Commissioner Perlow and seconded by Vice
Mayor Rogers-Libert to require use of property as 40% professional and 60%
medical. The amendment passed 6-1, with Commission Beskin voting no. A
motion to approve variance request #2 was offered by Commissioner Perlow,
seconded by Vice Mayor Rogers-Libert and unanimously approved. A motion to
approve variance request #3 was offered by Vice Mayor Rogers-Libert, seconded
by Commissioner Holzberg and unanimously approved. A motion to approve
2
variance request #4 was offered by Vice Mayor Rogers-Libert seconded by
Commissioner Perlow and unanimously passed. A motion to strike paragraph #7
of Section 4 of the Resolution was offered by Vice Mayor Rogers-Libert,
seconded by Commissioner Perlow and unanimously passed. The motion for
approval of the resolution, as amended, was unanimously passed and
Resolution No, 99-39 was adopted.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the July 6,
1999 Commission Meeting, the July 13, 1999 Commission Meeting, the July 20,
1999 Budget Review Meeting and the July 20, 1999 Workshop Meeting was
offered by Vice Mayor Rogers-Libert and seconded by Commissioner Berger.
Commissioner Beskin requested that item 3C of the July 6th minutes be
amended to read only that no action was taken. The motion to approve the
minutes, as amended, was unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
6, SPECIAL PRESENTATIONS: None.
7. CONSENT AGENDA:
Commissioner Perlow requested removal of item 70 and Commissioner Beskin
requested removal of items 7B and 7F, all from the Consent Agenda.
A motion to approve the remainder of the Consent Agenda was offered by Vice
Mayor Rogers-Liberl, seconded by Commissioner Cohen, unanimously passed
and the following action was taken:
A. Resolution No. 99-40 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATI'ACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETVVEEN BONAVlDA 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.
D. Resolution No. 99-41 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE AVENTURA GOVERNMENT
CENTER FINAL PLAT SECTION 3, TOWNSHIP 52, RANGE 42 CITY OF
3
AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR
RECORDATION; PROVIDING AN EFFECTIVE DATE.
E. Resolution No. 99-42 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE AVENTURA LAKES PHASE I
(REPLAT) FINAL PLAT SECTION 34, TOWNSHIP 51, RANGE 42 CITY
OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR
RECORDATION; PROVIDING AN EFFECTIVE DATE.
The following items were removed from the Consent Agenda and addressed
separately:
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMSSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN
COLLECTIVELY BARGAINED CONTRACT ATFACHED HERETO BY
AND BETWEEN THE CITY OF AVENTURA AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION, WHICH CONTRACT SHALL
BE EFFECTIVE UPON SIGNATURE BY THE CITY MANAGER AND
THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION;
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 Perlow. Commissioner Beskin requested 2 clerical changes to
the Agreement as follows: Article 4 title read "Dues (plural) Deduction" and the
double negative in the second sentence of Section 5 of Article 4 be corrected.
The motion for approval, as amended, passed unanimously and Resolution No.
99-43 was adopted
C. Mr. Wolpin read the following motion:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $46,700
FOR FURNITURE EQUIPMENT, TACTICAL EQUIPMENT AND DRUG
AND CRIME PREVENTION PROGRAMS FROM THE POLICE
FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
4
The motion was offered by Vice Mayor Rogers-Libert, seconded by
Commissioner Beskin and unanimously approved.
F. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, RELATING
TO AD VALOREM TAXATION; PROVIDING FOR AN ADDITIONAL
HOMESTEAD EXEMPTION FOR CERTAIN QUALIFYING SENIOR
CITIZENS TO BE APPLIED TO MILLAGE RATES LEVIED BY THE
CITY, PROVIDING REQUIREMENT OF ANNUAL APPLICATION AND
SUBMISSION OF SUPPORTING DOCUMENTATION; PROVIDING FOR
WAIVER OF EXEMPTION; PROVIDING FOR AN ANNUAL INCREASE
IN THE INCOME LIMITATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR
EFFECTIVE DATE.
After clarification of certain concerns by Commissioner Beskin, a motion for
approval was offered by Commissioner Beskin, seconded by Commissioner
Cohen and unanimously passed by roll call vote.
8. PUBLIC HEARING: ORDINANCES - FIRST READING: None
9. PUBLIC HEARINGS: ORDINANCES - SECOND READING: None.
10. RESOLUTIONS:
A. Mr. Wolpin 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. The motion for approval passed unanimously and
Resolution No. 99-44 was adopted.
B. Mr. Wolpin read the following resolution by title:
5
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE TRANSFER OF THE
CABLEVISION COMMUNICATIONS CABLE TELEVISION FRANCHISE
FROM INTERLINK COMMUNICATIONS PARTNERS, LLLP ("ICP") TO
CHARTER COMMUNICATIONS OPERATING, LLC ("CHARTER) AND
PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin and seconded by
Vice Mayor Rogers-Libert. Ila Feld, Esq., the City's cable counser, addressed the
Commission. The motion for approval passed unanimously and Resolution No.
99-45 was adopted.
11. OTHER BUSINESS:
Mr. Wolpin read the following motion which was offered by Commissioner
Holzberg and seconded by Commissioner Cohen:
MOTION TO DIRECT THE CITY MANAGER TO PREPARE AN
AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION
1205.4.2 REGARDING NONCONFORMING USE PROVISIONS
APPLICABLE TO COMMERCIAL PROPERTIES IN THE
REDEVELOPMENT AREAS.
After discussion, the motion passed, 4-3, with Commissioners Berger, Beskin
and Vice Mayor Rogers Libert voting no.
12. REPORTS: As presented.
City Attorney and staff directed to prepare guidelines concerning Commission
travel and expenses in accordance with the recommendations of the Travel Sub-
Committee as follows: Each Commissioner shall be allotted $3,000 per fiscal
year beginning 10/99 to cover travel, registration and related expenses for
attendance at conferences, seminars and league meetings. These funds will not
be carried over from year to year. The budget line item shall remain at $12,000
per fiscal year. Commissioners to provide reports to Commission at conclusion
of meetings.
City Manager directed to research the problem of Formosan termites and the
feasibility of enacting legislation relative thereto.
13. PUBLIC COMMENTS: The following individuals addressed the Commission:
Ginger Grossman, W. Country Club Drive; Julie Israel and Anita Silva, Villa
Dorada Condominium; Marian Nesbitt, E. Country Club Drive; Bernie
6
Weinstein, Terraces at Turnberry; George Berlin, Tumberry Associates; and Paul
Lash.
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 8:15 p.m.
Teresa M. Sorol(a, CMC/AAE City Clerk
Approved by the Commission on September 7, 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 is made, which record includes the testimony and evidence upon whh:h the appeal is to be
based
7