05-02-2000 Commission Meeting CITY COMMISSION MEETING 2111o Biscayne Boulevard Suite 101
TUESDAY, MAY 2, 2000 6 PM Aventura, Florida33180
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, Patricia Rogers-Libert, Vice Mayor Jeffrey M. Perlow,
Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City
Attorneys David M. Wolpin and Richard Jay Weiss (arrived at 6:30 p.m.). As a quorum
was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE - Brenda Kelley led the 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 cross-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.
Mayor Snyder and Vice Mayor Perlow left the room at this time. A motion was
offered by Commissioner Berger, seconded by Commissioner Rogers-Libert and
unanimously passed, 5-0, to elect Commissioner Holzberg as Chair of the
proceedings in the absence of the Mayor and Vice Mayor.
A. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING A REQUEST FOR UNUSUAL USE
APPROVAL TO PERMIT A PARKING AREA FOR EMPLOYEES AND
THE STORAGE OF RENTAL VEHICLES IN A ZONE MORE
RESTRICTIVE THAN THAT IN WHICH THE USE IT SERVES IS
LOCATED FOR THAT PROPERTY LOCATED AT 17800 BISCAYNE
BOULEVARD; PROVIDING AN EFFECTIVE DATE.
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. Commissioner Holzberg
opened the public hearing. The following individuals addressed the Commission:
Michael J. Snyder, Esq., 20803 Biscayne Boulevard; Manny Garcia, Engineer,
Pistorino & Alam, 6401 SW 87 Avenue, Miami; David Ettman, Biscayne
Environmental, Inc., 9620 NE 2nd Avenue, Miami Shores; Bruce J. Clark, P.E.,
Environmental Resources Management, 3913 Rega Blvd., Tampa, all on behalf
of the applicant; Joseph Platnick, 18701 Biscayne Blvd., Mariano Fernandez,
Engineer, C.A.P. Engineering, on behalf of the City. There being no further
speakers, the public hearing was closed. A motion for approval of the resolution
was offered by Commissioner Cohen and seconded by Commissioner Rogers-
Libert, subject to staff conditions and approval by the Florida Department of
Transportation and other applicable agencies. The motion for approval passed
4-1, with Commissioner Berger voting no and Resolution No. 2000-25 was
adopted.
Mayor Snyder and Vice Mayor Pedow returned to the meeting.
6. SPECIAL PRESENTATIONS: Mayor Snyder presented Certificates of Appointment
to members of the Recreation and Cultural Arts Advisory Board.
B. 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.
GATEWAY COUNTRY STORES, INC., LOCATED AT 2'1175 BISCAYNE
BOULEVARD, TO PERMIT A SECOND WALL SIGN, SIZE NOT TO
EXCEED 65 SQUARE FEET ON THE NORTH ELEVATION, WHERE
ONE WALL SIGN IS ALLOWED BY CODE; PROVIDING AN
EFFECTIVE DATE.
Ms. Kelley explained the request of the applicant and entered the staff report into
the record. Mayor Snyder opened the public hearing. The following individual
spoke: Darrell Edwards, Anchor Sign, Charleston, South Carolina, on behalf of
the applicant. There being no further speakers, the public hearing was closed. A
motion for approval of the resolution was offered by Commissioner Beskin and
seconded by Commissioner Rogers-Libert. The motion for approval failed 3-4,
with Commissioners Berger, Cohen, Holzberg and Vice Mayor Perlow voting no
and Commissioner Beskin, Rogers-Libert and Mayor Snyder voting yes.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the April 4, 2000
Commission meeting, April 18, 2000 Special Meeting and April 18, 2000
Commission Workshop Meeting was offered by Commissioner Rogers-Libert,
seconded by Commissioner Berger and unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
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7. CONSENT AGENDA: Commissioner Cohen requested removal of items 7A & 7F,
Commissioner Beskin requested removal of item 7D, Commissioner Berger
requested removal of item 7E and Commissioner Rogers-Libert requested removal
of item 7B, all from the Consent Agenda. A motion to approve the remainder of the
Consent Agenda was offered by Vice Mayor Perlow, seconded by Commissioner
Holzberg, unanimously passed and the following action was taken:
C. Resolution No. 2000-26 was adopted as follows:
A RESOLUTION OF THE CITY COMMSSlON OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN
AGREEMENT BETWEEN THE CITY OF AVENTURA AND WALLACE
ROBERTS TODD, ATTACHED HERETO, FOR CONSULTING
SERVICES IN THE PREPARATION OF A CONCEPTUAL PLAN AND
ECONOMIC FEASIBILITY ANALYSES FOR THE LOEHMANN'S
PLAZA/THUNDER ALLEY DISTRICT REDEVELOPMENT; AND
PROVIDING AN EFFECTIVE DATE.
The following items ware removed from the Consent Agenda and addressed
separately:
A. Mr. Weiss read the following motion:
MOTION TO REJECT ALL BIDS TENDERED FOR BID NO. 00-04-18-3
COUNTRY CLUB DRIVE SAFETY IMPROVEMENTS AND
AUTHORIZING THE CITY TO NEGOTIATE WITH THE LOW BIDDER
AND TO PRESENT THE CONTRACT FOR COMMISSION APPROVAL,
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Holzberg. A substitute motion to award the bid to the sole
bidder, subject to negotiation of bid amount by City Manager and subsequent
Commission approval was offered by Vice Mayor Perlow, seconded by
Commissioner Berger and passed 6-1, with Commissioner Cohen voting no.
B. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, EXPRESSING ITS CONCERN REGARDING
RAILROAD SAFETY, SUPPORTING RAILWATCH IN ITS EFFORTS OF
PUBLIC EDUCATION ABOUT RAILROAD SAFETY; AND PROVIDING
AN EFFECTIVE DATE.
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A motion for approval was offered by Commissioner Berger and seconded by
Vice Mayor Perlow. An amendment to delete that portion of Section 2
authorizing use of the City's name by Railwatch was offered by Commissioner
Rogers-Libert and seconded by Commissioner Holzberg. A substitute
amendment was offered by Commissioner Berger, seconded by Vice Mayor
Perlow and unanimously passed to delete "and joins Railwatch" from Section 2.
The motion for approval, as amended, passed unanimously and Resolution No.
2000-27 was adopted.
D. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA URGING THE STATE LEGISLATURE TO
CONTINUE AUTOMOBILE EMISSIONS TESTING PROGRAM FOR
VEHICLES 4 YEARS AND OLDER AND TRUCKS, BUSES AND OTHER
VEHICLES NOT PRESENTLY INCLUDED IN THE PROGRAM OR, IN
THE ALTERNATIVE, TO DISCONTINUE THE PROGRAM IN ITS
ENTIRETY; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Perlow and seconded by
Commissioner Holzberg. An amendment to strike all references to
discontinuation of the program in its entirety was offered by Commissioner
Rogers-Libert and seconded by Commissioner Beskin. A substitute amendment
was offered by Vice Mayor Perlow and seconded by Commissioner Rogers-
Libert to amend Section 1 to add "the inclusion of" before "trucks, buses and ..... "
and delete all references to discontinuation of the program entirely. The
amendment passed. A motion to defer this matter to the next Workshop meeting
was offered by Commissioner Cohen and seconded by Mayor Snyder. The
motion failed. The motion for approval of the Resolution, as amended, passed
unanimously and Resolution No. 2000-28 was adopted.
E. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, REQUESTING THE MIAMI-DADE COUNTY
COMMISSION AND PUBLIC WORKS DEPARTMENT INSTALL AN
EAST LEFT TURN SIGNAL AT THE INTERSECTION OF NE 34TM
AVENUE AND COUNTRY CLUB DRIVE TO ADDRESS CRITICAL
TRAFFIC SAFETY CONCERNS; AND PROVIDING AN EFFECTIVE
DATE
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Vice Mayor Perlow. An amendment was offered by Commissioner Berger,
seconded by Commissioner Rogers-Libert and unanimously passed to clarify that
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this is for northbound drivers. A motion was offered by Vice Mayor Perlow,
seconded by Commissioner Rogers-Libert and unanimously passed to include a
Whereas clause in the Resolution, subject to provision of documentation, that
this request is to re-install a previously existing signal not replaced after
Hurricane Andrew and to clarify Country Club Drive as North Country Club Drive.
The motion for appreval, as amended, passed unanimously and Resolution No.
2000-29 was adopted.
F. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DECLARING THE ACQUISITION OF A
CERTAIN 3.9+ ACRE PARCEL OF VACANT PROPERTY LOCATED AT
THE SOUTH ~IDE OF NE 188TM STREET WEST OF DUMBFOUNDLING
BAY AND EAST OF U.S.1 IN AVENTURA, FLORIDA TO BE A PUBLIC
NECESSITY IN ORDER TO PROVIDE FOR A PROPOSED CITY OF
AVENTURA PARK FACILITY; AUTHORIZING THE EMPLOYMENT OF
APPRAISERS; AND AUTHORIZING THE FILING OF EMINENT
DOMAIN PROCEEDINGS; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Berger. A motion to defer this matter until completion of title
research, Cultural Center study and Town Center study was offered by
Commissioner Cohen and seconded by Vice Mayor Perlow. The motion for
deferral passed 5-2, with Commissioners Beskin and Berger voting no.
8. PUBLIC HEARINGS: ORDINANCES - FIRST READING: None
9. PUBEC HEARINGS: ORDINANCES - SECOND 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 CHAPTER 9 - SIGN
REGULATIONS, SECTION 901.7(b) CONCERNING WALL SIGNS ON
OFFICE AND HOTEL BUILDINGS; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE; AND PROVIDING FOR AN 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 appreval passed
unanimously by roll call vote and Ordinance No. 2000-11 was enacted.
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B. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION;"
ARTICLE III "ADVISORY BOARDS," BY AMENDING DIVISION 2
"BEAUTIFICATION ADVISORY BOARD," BY AMENDING
PARAGRAPH (B) OF SECTION 2-124 "RULES OF PROCEDURE;
OFFICERS; VOTING," AND DIVISION 3 "RECREATION AND
CULTURAL ARTS ADVISORY BOARD," BY AMENDING PARAGRAPH
(B) OF SECTION 2-154 "RULES OF PROCEDURE; OFFICERS;
VOTING" TO CLARIFY THAT EACH BOARD SHALL ANNUALLY
ELECT A CHAIRMAN; 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 Berger. Mayor Snyder opened the public
hearing. Thero being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll cell vote and Ordinance
No. 2000-12 was enacted.
C. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE (THE "CODE") BY AMENDING CHAPTER 2,
"ADMINISTRATION," ARTICLE V, "CODE ENFORCEMENT," SECTION
2-339 OF THE CODE, "CONTENTS AND SERVICE OF WARNING,"
AND SECTION 2-340 OF THE CODE, "CONTENTS AND SERVICE OF
NOTICE," PROVIDING FOR SERVICE TO COMMERCIAL PREMISES
AND PROVIDING A PROCEDURE FOR NOTICE OF TRANSFER OF
PROPERTY SUBJECT TO CODE ENFORCEMENT PROCEEDINGS;
AMENDING SECTION 2-343 OF THE CODE, "PENALTIES FOR
VIOLATIONS, CONTINUING VIOLATIONS, AND REPEAT
VIOLATIONS," PROVIDING FOR A FINE OF UP TO $6,000 FOR
IRREPARABLE VIOLATIONS; PROVIDING THAT THE CITY MAY
CORRECT OR REPAIR A VIOLATION THAT PRESENTS A SERIOUS
THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE;
AUTHORIZING THE CITY TO CHARGE THE VIOLATOR WITH THE
COSTS OF REPAIRS; AMENDING SECTION 2-344 OF THE CODE,
"RECOVERY OF UNPAID PENALTIES; UNPAID PENALTY TO
CONSTITUTE LIEN; FORECLOSURE OF LIEN," PROVIDING THAT
THE CITY MAY INITIATE LEGAL PROCEEDINGS TO RECOVER A
CODE ENFORCEMENT LIEN IN THE FORM OF A MONEY
JUDGMENT; AMENDING SECTION 2-346 OF THE CODE,
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"PROVISIONS OF ARTICLE SUPPLEMENTAL," PROVIDING THAT
THE PROVISIONS OF ARTICLE V ARE SUPPLEMENTAL AND
CUMULATIVE TO ALL OTHERS; 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 Berger. 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. 2000-13 was enacted.
10, RESOLUTIONS: None.
11, OTHER BUSINESS:
DISCUSSION AND POSSIBLE MOTION TO CONSIDER E-COMMERCE
RESOLUTION (Commissioner Rogers-Libert)
A motion to address this matter at the May Workshop meeting was offered by
Commissioner Berger, seconded by Commissioner Rogers-Libert and
unanimously passed.
12. REPORTS: As presented.
13. PUBLIC COMMENTS: Mr. Platnick; Leonard Sklar, 3401 N. Country Club Drive;
Sanford Bosman, Hidden Bay unit owner; and Sam Levine, Hidden Bay unit
owner.
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 10 p.m. ~ ~/~.
T~(~sa M So[~k~, CM(~, City Clerk
Approved by the Commission on June 6, 2000.
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 which the appeal is to be
based.
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