10-05-1999 Commission Meeting CITY COMMISSION MEETING
TUESDAY, OCTOBER 5, 1999 6 PM
Biscayne Medical Ar~s 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 Patdcia Rogers-Libert,
Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City
Attorney David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE. Teri Holzberg 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 rifle:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A REQUEST FOR VARIANCE
FROM SECTION 505.2.1 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS WHICH PROHIBITS TEMPORARY SALES OFFICES
AND MODEL HOMES AT THE PROPERTY KNOWN AS ATLAS
TERMINAL SITE WITHOUT AN APPROVED SITE PLAN FOR THE
PERMANENT USE WHICH IT IS INTENDED TO SERVE; 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 of
the resolution was offered by Commissioner Holzberg and seconded by
Commissioner Berger. Mayor Snyder opened the public hearing. The following
individual(s) addressed the Commission: Stanley Price, Esq., representing the
applicant; Emilio Fuster, applicant's Landscape Architect; Brian Street, 760
Coquino Way, Boca Raton; applicant Heschi Walenski, Courtyards of Aventura;
and Phil Hersh, Waterview. There being no further speakers, the public headng
was closed. An amendment was offered by Vice Mayor Rogers-Libert and
seconded by Commissioner Cohen that approval of the resolution is subject to a
sales office and model home installation and removal agreement approved by
the City Attorney which provides that installation may be made but a C.O. will not
be issued nor the sales trailer opened pdor to site plan approval; applicant to
post a $50,000 removal bond and a Whereas clause that the applicant has made
application for vested rights approval. The amendment passed, 5-2, with
Commissioner Berger and Mayor Snyder voting no. The motion for approval of
the resolution, as amended, passed 52, with Commissioner Berger and Mayor
Snyder voting no and Resolution No. 99-51 was adopted.
B. Mr. Wolpin read the following resolution by title;
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A REQUEST FOR VARIANCE
FROM SECTION 505.2.1 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS WHICH PROHIBITS TEMPORARY SALES OFFICES
AND MODEL HOMES AT THE PROPERTY KNOWN AS THE
HAMPTONS SOUTH SITE WITHOUT AN APPROVED SITE PLAN FOR
THE PERMANENT USE WHICH IT IS INTENDED TO SERVE;
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 of
the resolution was offered by Commissioner Holzberg and seconded by
Commissioner Cohen. Mayor Snyder opened the public hearing. The following
individual(s) addressed the Commission: Mr. Price, representing the applicant.
Mr. Price requested that his testimony from the previous public hearing of the
Atlas Terminal site be incorporated into this public hearing. Other individuals
addressing the Commission included: Harvey Burke, Waterview; Leonard Olikur,
Terraces at Tumberry; Bernard Weinstein, Terraces at Turnberry; Mr. Hersh;
Barry Kaplan, the Terraces at Turnberry; Mr. (did not give name) resident
of Terraces at Turnberry. There being no further speakers, the public headng
was closed. Vice Mayor Rogers-Libert moved, and Commissioner Cohen
seconded that the amendments approved in the previous public hearing approval
be included as conditions to this resolution. The amendment passed, 5-2, with
Commissioner Berger and Mayor Snyder voting no. The motion for approval of
the resolution, as amended, passed, 5-2, with Commissioner Berger and Mayor
Snyder voting no and Resolution No. 99-52 was adopted.
C. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR CITY
NATIONAL BANK OF FLORIDA, LOCATED AT 2875 NE 191 STREET,
TO ALLOW TWO WALL SIGNS, EACH 656 SQUARE FEET IN AREA
ON THE NORTH AND SOUTH ELEVATIONS WHERE ONLY ONE
WALL SIGN OF 160 SQUARE FEET IN AREA IS ALLOWED;
APPROVING A SIGN VARIANCE TO PERMIT TWO WALL SIGNS TO
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BE LOCATED MORE THAN 50% ABOVE THE BUILDING'S
ROOFLINE; PROVIDING AN EFFECTIVE DATE.
At the request of the appricant, a motion to continue this matter to the November
2, 1999 Commission meeting was offered by Commissioner Perlow, seconded by
Commissioner Horzberg and unanimously passed, 6-0, with Mayor Snyder
absent from the room.
D. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA UPHOLDING AN ADMINISTRATIVE MINOR
SITE PLAN REVISION FOR PROPERTY LOCATED AT 2751 NE 183
STREET; 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 of
the resolution was offered by Commissioner Beskin and seconded by
Commissioner Cohen. Mayor Snyder opened the public hearing. The following
individual(s) addressed the Commission: Dr. Marie DiCowden, 2785 NE 183~
Street; Mr. Price; and Lisa Kaplan, Terraces at Turnberry. There being no further
speakers, the public hearing was closed. After lengthy discussion, the motion for
approval of the resolution passed, 6-1, with Mayor Snyder voting no and
Resolution No. 99-53 was adopted.
E. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR DIM
WATERWAYS, LP (SHOPPES AT THE WATERWAYS), TO ALLOW AN
EXISTING MONUMENT SIGN THAT IS 66 SQUARE FEET IN AREA
WHERE CITY CODE ALLOWS MONUMENT SIGNS TO BE A
MAXIMUM OF 48 SQUARE FEET IN AREA; APPROVING A SIGN
VARIANCE TO ALLOW SAID SIGN TO CONTINUE TO BE LOCATED
OFF THE PREMISES OF THE SHOPPING CENTER AT THE
NORTHEAST CORNER OF BISCAYNE BOULEVARD AND NE 207
STREET, WHERE NO OFF-PREMISE SIGNS ARE ALLOWED BY
CODE; APPROVING A SIGN VARIANCE TO ALLOW A MONUMENT
SIGN TO BE LOCATED APPROXIMATELY 85 FEET FROM ANOTHER
MONUMENT SIGN WHERE THE CITY'S SIGN CODE REQUIRES A
MINIMUM SPACING OF 200 FEET; PROVIDING AN EFFECTIVE DATE.
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Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. A motion for approval of
the resolution was offered by Vice Mayor Rogers-Libert and seconded by
Commissioner Cohen. Mayor Snyder opened the public hearing. There being
no speakers, the public headng was closed. An amendment was offered by
Commissioner Perlow, seconded by Vice Mayor Rogers-Libed and unanimously
passed that a Whereas clause be added to the resolution providing that City
Commission finds that the unique location of this shopping center places
merchants at this location at a competitive disadvantage to other retail centers
located on Biscayne Boulevard. An amendment was offered by Commissioner
Perlow, seconded by Vice Mayor Rogers-Libert and unanimously passed to
provide that applicant assume full responsibility for maintenance of sign. The
motion for approval of the resolution, as amended, passed unanimously and
Resolution No. 99-54 was adopted.
4, SELECTION OF VICE MAYOR. A motion to appoint Commissioner Arthur
Berger to serve as Vice Mayor was offered by Vice Mayor Rogers-Libert
seconded by Commissioner Cohen and unanimously passed.
5. APPROVAL OF MINUTES: A motion to approve the minutes of the September
7, 1999 Commission Meeting, the September 9, 1999 Budget Meeting, the
September 23, 1999 Budget Meeting and the September 29, 1999 Workshop
Meeting was offered by Commissioner Rogers-Libert and seconded by
Commissioner Cohen. Commissioner Rogers-Libert requested that the minutes
of the September 29, 1999 minutes be amended to eliminate reference to the
Florida Insurance Trust Fund as a Committee and Commissioner Perlow
requested that paragraph 5 be amended to clarify that the comparison is
between the cun'ent BellSouth Franchise with the ordinance presently proposed.
The motion for approval, as amended, passed unanimously.
6. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
7. SPECIAL PRESENTATIONS: Mayor Snyder presented a Certificate of
Appointment to newly-appointed Recreation and Cultural Arts Advisory Board
member Patricia Crook.
8. CONSENT AGENDA:
A motion to approve the Consent Agenda was offered by Commissioner Rogers-
Libert, seconded by Commissioner Cohen, unanimously passed and the
following action was taken:
A, Resolution No. 99-55 was adopted as follows:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE WILLIAMS ISLAND SIXTH
AMENDED FINAL PLAT SECTION 10, TOWNSHIP 52 SOUTH, RANGE
42 EAST CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA;
PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE.
B. Resolution No. 99-56 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE
A'II'ACHED CHANGE ORDER NO. I FOR AVENTURA GOVERNMENT
CENTER BY AND BETVVEEN THE CITY AND JAMES A. CUMMINGS,
INC.; 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. 99-57 was adopted 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 AGREEMENT BETWEEN THE CITY OF AVENTURA
AND MIAMI DADE COUNTY TO PROVIDE A COMMUNITY DRUG &
CRIME PREVENTION PROGRAM; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
D. Resolution No. 99-58 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATFACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN POINT EAST CONDOMINIUM
ASSOCIATIONS 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.
9. PUBLIC HEARING: ORDINANCES- FIRST READING: None.
10. PUBLIC HEARINGS: ORDINANCES - SECOND READING:
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A. Mr, Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 33 "PARKS AND
RECREATION" BY CREATING SECTION 33-2 "PARKS AND
RECREATION USER FEES"; AUTHORIZING USER FEES TO BE
PROVIDED FOR PARKS AND RECREATION FACILITIES, LEAGUES,
ACTIVITIES AND PROGRAMS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Cohen. 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. 99-14 was enacted.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY
ORDINANCE NO. 99-09, BY AMENDING SECTION 1205 ENTITLED
"REPAIR OR RECONSTRUCTION OF NONCONFORMING
STRUCTURE", AMENDING PARAGRAPH 1205.4.2 CONCERNING
COMMERCIALLY DEVELOPED PROPERTIES, PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Vice Mayor Berger. Mayor Snyder opened the public hearing. The following
individuals addressed the Commission: Clifford Schulman, Esq., 1221 Brickell
Avenue; George Berlin, Tumberry & Associates. There being further no
speakers, the public hearing was closed. An amendment was offered by Vice
Mayor Berger and seconded by Commissioner Beskin to provide that re-building
conform to then-current parking requirements. The amendment failed, 34, with
Commissioners Beskin, Rogers-Libert and Vice Mayor Berger voting yes and
Mayor Snyder and Commissioners Cohen, Holzberg and Perlow voting no. An
amendment was offered by Commissioner Pedow, seconded by Commissioner
Holzberg and unanimously passed to provide that this paragraph 1205.4.2 shall
not be applicable to sign structures. The motion for approval passed 5-2 by roll
call vote, with Commissioners Beskin and Rogers-Libert voting no and
Ordinance No. 99-'15 was enacted.
10. RESOLUTIONS: None.
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11. OTHER BUSINESS: None.
12. REPORTS: None.
13. PUBLIC COMMENTS: The following individuals addressed the Commission:
Julie Israel, Villa Dorada.
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 9:35 p.m.
Teresa M Soroka', CMC/AAE City Clerk
Approved by the Commission on November 2, 1999.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing witl 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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