03-07-2000 Commission Meeting TUESDAY, MARCH 7, 2000 6 PM
(following LPA hearing)
.~.~ Biscayne Medical Arts Center
~ 21110 Biscayne Boulevard Suite 101
Aventura, Florida
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:16 p.m. by
Mayor Arthur I. Snyder. Present were Commissioners Jay R. Beskin, Ken Cohen, Harry
Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Arthur Berger, 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.
6. SPECIAL PRESENTATIONS (Taken out of order) Plaques were presented by the
Mayor to the sponsors of the 1999 Youth Football League: Aventura Mall, Aventura
Hospital and Linda Marx Realty.
2. PLEDGE OF ALLEGIANCE.
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on
the Commission's agenda are quasi-judicial in nature. If you wish to object or comment
upon these items, please indicate the item number you would like to address when the
announcement regarding the quasi-judicial item is made. You must be sworn before
addressing the Commission, and if you wish to address the Commission, you may be
subject to cress-examination. If you refuse to submit to cross-examination, the
Commission will not consider what you have said in its final deliberations.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS, if any.
A. 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
PROMENADE SHOPS, LOCATED AT 20301-20695 BISCAYNE
BOULEVARD, TO PERMIT TWO EXISTING MONUMENT (PYLON)
SIGNS, EACH 450 SQUARE FEET IN AREA AND 30 FEET IN HEIGHT
TO REMAIN ON THE EAST FRONTAGE OF BISCAYNE BOULEVARD
WHERE ONE MONUMENT SIGN A MAXIMUM OF 48 SQUARE FEET IN
AREA AND 8 FEET IN HEIGHT IS ALLOWED BY CODE; APPROVING
A SIGN VARIANCE TO PERMIT TWO EXISTING LEASING SIGNS,
EACH 68 SQUARE FEET IN AREA AND 8 FEET IN HEIGHT LOCATED
ON THE EAST FRONTAGE OF BISCAYNE BOULEVARD AND THE
NORTH FRONTAGE OF NE 203 STREET WHERE ONE SUCH SIGN
WITH A MAXIMUM AREA OF 4 SQUARE FEET AND A MAXIMUM
HEIGHT OF 4 FEET IS ALLOWED BY CODE; APPROVING A SIGN
VARIANCE TO PERMIT TWO EXISTING LEASING SIGNS TO BE
COLORED BLUE AND RED WHERE CODE PERMITS ONLY BLACK
AND WHITE SIGNS; APPROVING A SIGN VARIANCE TO PERMIT
TWO EXISTING LEASING SIGNS TO BE LOCATED ON A
PERMANENT BASIS WHERE SUCH SIGNS ARE ALLOWED BY CODE
ONLY ON A TEMPORARY BASIS UNTIL FULL OCCUPANCY OF
AVAILABLE TENANT SPACE IS ACHIEVED; 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 Rogers-Libert. Mayor Snyder opened the public hearing. The
following individual(s) addressed the Commission: Dave Siegel, of Gumberg
Asset Management, and Jay Salowsky, Esq., both representing the applicant.
There being no further speakers, the public hearing was closed. The motion for
approval failed unanimously. A motion to deny the request of the applicant was
offered by Commissioner Rogers-Libert, seconded by Commissioner Hotzberg
and unanimously passed.
Commissioners Perlow and Beskin left the meeting at this time.
B. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ABANDONING AN UNIMPROVED, 260-FOOT
SEGMENT OF NE 205 STREET AND TWO UNIMPROVED lO-FOOT
WIDE ALLEYS, TOTALING 682 FEET IN LENGTH, LOCATED IN
BLOCK 17 OF THE HALLANDALE PARK NO. 8 SUBDIVISION;
PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE.
Ms. Kelley 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 Rogers-Libert. Mayor Snyder opened
the public hearing. There being no speakers, the public hearing was closed. An
amendment was offered by Mayor Snyder, seconded by Commissioner Cohen
and unanimously passed to provide in the first Whereas clause that the applicant
is a non-profit organization. The motion for approval, as amended, passed
unanimously, 5-0, with Commissioners Perlow and Beskin absent for the entire
hearing and Resolution No. 2000-11 was adopted.
Commissioners Perlow and Beskin returned to the meeting.
2
4. APPROVAL OF MINUTES: A motion to approve the minutes of the February 1,
2000 Commission meeting and February 25, 2000 Commission Workshop Meeting
was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg
and unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Mayor
Snyder requested that item 1 lB be deferred to the next Commission Workshop
meeting.
7. CONSENT AGENDA: Commissioner Beskin requested removal of items 7A, B & H,
Commissioner Perlow requested removal of items 7C & D and Vice Mayor Berger
requested removal of item 7G, all from the Consent Agenda. A motion to approve
the remainder of the Consent Agenda was offered by Commissioner Rogers-Libert,
seconded by Vice Mayor Berger, unanimously passed and the following action was
taken:
E. The following motion was approved:
MOTION TO RATIFY' THE CITY MANAGER'S RE-APPOINTMENT OF
JUDGE ALFRED ("FRED") NESBITT, HERBERT L KLIGER, J.D. AND
ROBERT A. FRIEDMAN, ESQ. AS SPECIAL MASTERS
F. Resolution No. 2000-12 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED ICMA RETIREMENT CORPORATION
PROTOTYPE MONEY PURCHASE PLAN & TRUST REVISED
ADOPTION AGREEMENT AND PROVIDE FOR TRANSMITTAL TO THE
ICMA RETIREMENT CORPORATION; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
The following items ware 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, CONCERNING FIREARM RELATED
VIOLENCE; EXPRESSING NEED FOR STATE AND FEDERAL
LEGISLATION ADDRESSING PROBLEM OF FIREARM RELATED
VIOLENCE; PROVIDING FOR EFFECTIVE DATE.
3
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Vice Mayor Berger. An amendment was offered by Commissioner Beskin and
seconded by Commissioner Rogers-Libert to substitute the resolution discussed
at the February Workshop meeting in place of the subject resolution. The
amendment failed, 2-5, with Commissioners Beskin and Rogers-Libert voting
yes. A motion was offered by Commissioner Rogers-Libert, seconded by
Commissioner Beskin and unanimously passed to table this matter to provide for
revision of the resolution.
B. Mr. Weiss read the following motion:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $75,000
FOR 10 DEFIBRILLATORS, MOBILE COMMAND VEHICLE,
SURVEILLANCE EQUIPMENT AND K-9 DOG FROM THE POLICE
FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
The motion was offered by Commissioner Rogers-Libert, seconded by
Commissioner Hoizberg and unanimously passed.
C. 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 WORK AUTHORIZATION NO. 2000-2-8
FOR PROFESSIONAL DESIGN SERVICES FOR THE SOUTH SIDE OF
THE AVENTURA BOULEVARD ENTRANCE FEATURES PROJECT BY
AND BETWEEN THE CITY OF AVENTURA AND C.A.P. ENGINEERING
CONSULTANTS, INC,; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin and seconded by
Commissioner Cohen. An amendment was offered by Commissioner Perlow,
seconded by Commissioner Rogers-Libert and unanimously passed to include in
this work authorization the design costs for the north side of Aventura Boulevard,
completing the project in two phases. The motion for approval, as amended,
passed unanimously and Resolution No. 2000-13 was adopted.
D. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ADOPTING A COURSE OF ACTION TO
ADDRESS THE LIBRARY NEEDS AND SERVICES FOR THE
RESIDENTS OF THE CITY OF AVENTURA; AUTHORIZING THE CITY
4
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING FOR EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Beskin and seconded by
Commissioner Rogers-Libert. An amendment was offered by Commissioner
Perlow, seconded by Commissioner Rogers-Libert and unanimously passed to
amend section 2a to provide that the Interlocal Agreement for Lease Books
Program is "subject to renewal" on an annual basis. The motion for approval, as
amended, passed unanimously, and Resolution No. 2000-14 was adopted.
G. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMSSlON OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN MULTI-
AGENCY MONEY LAUNDERING AND ANTI-DRUG TRAFFICKING
TASK FORCE ("IMPACT") VOLUNTARY COOPERATION MUTUAL AID
AGREEMENT ATTACHED HERETO; AND PROVIDING AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Rogers-Libert, seconded by
Commissioner Holzberg, unanimously approved, and Resolution No. 2000-15
was adopted.
H. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA,
REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION,
MIAMI-DADE COUNTY PUBLIC WORKS DEPARTMENT AND
FLORIDA EAST COAST RAILWAY TO PERMANENTLY OPEN THE
N.E. 199TM STREET RAILROAD CROSSING AFTER COMPLETION OF
THE N.E. 203RD STREET CONSTRUCTION PROJECT; AND
PROVIDING AN EFFECTIVE DATE,
A motion for approval was offered by Vice Mayor Berger and seconded by
Commissioner Cohen. George Berlin, Turnberry & Associates, addressed the
Commission. An amendment was offered by Commissioner Perlow, seconded
by Commissioner Rogers-Libert and unanimously passed to amend the third
Whereas clause to provide that this is for the health, safety and walfare of
residents and provides an additional emergency evacuation route. The motion
for approval, as amended, passed unanimously and Resolution No. 2000-16
was adopted.
5
8. PUBLIC HEARINGS: ORDINANCES - FIRST READING:
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY
ORDINANCE 99-09, BY AMENDING ZONING DISTRICT
REGULATIONS CONCERNING ABOVE GROUND FUEL STORAGE
TANKS SERVING EMERGENCY GENERATORS; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Cohen. An amendment was offered by Commissioner Perlow,
seconded by Commissioner Rogers-Libert and unanimously passed to delete
sections 703.2.4 and 703.3.4 therefrom. Mayor Snyder opened the public
hearing. There being no speakers, the public hearing was closed. The motion for
approval, as amended, passed unanimously by roll cell vote.
B. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE OF ORDINANCES BY CREATING SECTION 2-258
"SURPLUS PROPERTY" OF ARTICLE IV "FINANCE" OF CHAPTER 2
"ADMINISTRATION;" ESTABLISHING PROCEDURES FOR
PROPERTY DECLARED SURPLUS TO THE CITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; PROVIDING
FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Vice Mayor Berger. The motion for approval passed unanimously, (6-0) by
roll cell vote. (Vice Mayor Berger was absent from the room for the vote).
C. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
THE CODE OF ORDINANCES OF THE CITY OF AVENTURA,
CHAPTER 2, ENTITLED "ADMINISTRATION" BY CREATING ARTICLE
VIII SECTIONS 2-400 - 2-4t2 ENTITLED "EMERGENCY
MANAGEMENT;" PROVIDING A FRAMEWORK FOR THE
DECLARATION OF EMERGENCIES, PROVIDING FOR DEFINITIONS,
AND AN EMERGENCY MANAGEMENT STRUCTURE; PROVIDING
FOR A DECLARATION OF A STATE OF EMERGENCY, TERMINATION
OF A STATE OF EMERGENCY, POLICE EMERGENCIES, FIRE AND
HAZARDOUS MATERIALS EMERGENCIES, UTILITY EMERGENCIES,
6
WEATHER EMERGENCIES, THE SUSPENSION OF LOCAL BUILDING
REGULATIONS, AND THE CERTIFICATION OF EMERGENCY
CONDITIONS; PROVIDING FOR REPEAL, SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Holzberg. An amendment was offered by Commissioner
Rogers-Libert and seconded by Commissioner Beskin to amend Section 2-410 to
delete "and following" from the second line and provide in the paragraph "unless
otherwise extended by the City Commission". An amendment was offered by
Commissioner Perlow, seconded by Commissioner Rogers-Libert and
unanimously passed to amend Section 2-410 to provide "unless terminated by
the City Commission.~ An amendment was suggested by Commissioner Beskin
to provide in Section 2-404(F) that the City Manager will notify the media and
residents as soon as possible in the manner most practicable and expeditious.
Vice Mayor Berger suggested that the definition of "Emergency" be amended to
provide a semi-colon after utility system and add at end of sentence "reason,
condition or circumstance". The motion for approval, as amended, passed
unanimously by roll cell vote.
9. PUBLIC HEARINGS: ORDINANCES - SECOND READING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 30 "ENVIRONMENT" BY CREATING ARTICLE V "TERMITE
DAMAGE PREVENTION" CONSISTING OF SECTION 30-180
"TERMITES; DEVELOPMENT OF LAND; ANNUAL INSPECTION;"
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Perlow and seconded by
Commissioner Holzberg. Mayor Snyder opened the public hearing. The
following individuals addressed the Commission: Mr. Berlin; Joseph Platnick,
18071 Biscayne Blvd., and Ginger Grossman, 20100 W. Country Club Drive.
There being no further speakers, the public headng was closed. The motion for
approval passed unanimously and Ordinance No. 2000-07 was adopted.
10. RESOLUTIONS: None.
11. OTHER BUSINESS:
A. DISCUSSION AND POSSIBLE ACTION RE: LENGTH OF TERM
OF ADVISORY BOARD MEMBERS AND TERM OF
CHAIRPERSONS (Commissioner Cohen)
7
A motion was offered by Commissioner Rogers-Libert, seconded by
Commissioner Perlow and unanimously passed to direct staff to prepare
an amending ordinance to clarify that elections for Board Chairpersons
shall be held on an annual basis.
B. DISCUSSION - RESOLUTION AGAINST INTOLERANCE
(Commissioner Cohen)
Deferred to future Workshop.
12. REPORTS: As presented.
City Attorney to prepare ordinance addressing use of right-of-ways within the City
for discussion at next Workshop Meeting.
Mayor appointed a Committee to make recommendations concerning
beautification of the flyover, Members include Commissioner Holzberg (chair),
Commissioner Beskin and Vice Mayor Berger.
13. PUBLIC COMMENTS: Robert Friedman, 20780 NE 30th Place; Mr. Platnick;
Ken Friedman; Art and Ginger Grossman.
14. ADJOURNMENT: There being no further business to come before the
Commission at this time, after motion made, seconded and unanimously passed,
the meeting adjoumed at 8:55 p.m.
M. sorok. c, C,erk
Approved by the Commission on April 4, 2000.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or headng 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 which the appeal is to be
based.
8