06-06-2000 Commission Meeting MINUTES Biscayne Medical Arts Center
CITY COMMISSION MEETING 21110 Biscayne Boulevard Suite 101
TUESDAY, JUNE 6, 2000 6 PM Aventura, Florida33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:11 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 Nancy Stroud. As a quorum was determined to be
present, the meeting commenced.
2. 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 CONDITIONAL USE APPROVAL
TO PERMIT A NON-COMMERCIAL HELISTOP ON THE TOP FLOOR
OF THE BLOOMINGDALE'S/BURDINE'S PARKING GARAGE AT THE
AVENTURA MALL LOCATED AT 19501 BISCAYNE BOULEVARD;
PROVIDING FOR CONDITIONS OF THE APPROVAL; 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 was
offered by Commissioner Rogers-Libert and seconded by Commissioner Cohen.
Mayor Snyder opened the public hearing. The following individuals addressed
the Commission: George Berlin, 1940 NE 194th Drive; and Phil Ward, Della
Porta Ward & Assoc.; on behalf of the applicant. There being no further
speakers, the public hearing was closed. A motion was offered by
Commissioner Beskin, seconded by Commissioner Rogers-Libert and
unanimously passed to amend Condition 9 to read as follows: This Conditional
Use may be revoked by the Aventura City Commission upon the holding of a
duly posted public hearing, requested by the City Manager or any
Commissioner, if, in the determination of the City Commission, the helistop
facility poses a public nuisance or a threat to the public health, safety or general
welfare. The decision of the City Commission to be made at its sole discretion,
is final and not subject to further judicial review. A motion was offered by
Commissioner Rogers-Libert, seconded by Commissioner Cohen and
unanimously passed to amend all references to emergency operations to
government-authorized emergency operations and/or other government-
authorized activities. A motion was offered by Commissioner Rogers-Libert,
seconded by Vice Mayor Perlow and unanimously passed to amend Condition 8
to provide no more than 3 take-off/landings per day except those performed by
government-authorized operations and/or other government-authorized
activities. A motion was offered by Vice Mayor Perlow, seconded and
unanimously passed to amend the weekday hours of operation as stated in
Condition 2 to 9:00 a.m. to dusk and to incorporate as a condition the
provisions contained in correspondence from the FAA and correspondence from
Turnberry Associates dated June 6, 2000. An amendment was offered by
Commissioner Beskin, seconded and unanimously passed to prohibit the use of
the secondary approach by private use. The above conditions were verbally
approved and accepted by the applicant. The motion for approval, as amended,
passed unanimously and Resolution No. 2000-32 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 SIGN VARIANCE FOR
STARBUCKS COFFEE, INC., LOCATED AT 19`127 BISCAYNE
BOULEVARD, TO PERMIT A SECOND WALL SIGN, SIZE NOT TO
EXCEED '16 SQUARE FEET ON THE NORTH ELEVATION, WHERE
ONE WALL SIGN IS ALLOWED BY CODE; 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 was
offered by Commissioner Rogers-Libert and seconded by Commissioner Beskin.
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. The motion for approval passed unanimously and
Resolution No. 2000-33 was adopted.
C. Mr. Wolpin read the following motion:
MOTION TO AUTHORIZE EXTENSION OF TEMPORARY TRAILER
BUILDING PERMIT FOR THE CHABAD HOUSE OF NORTH DADE
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 addressed the Commission: Alan
Rosenthal, Esq., on behalf of the applicant. There being no further speakers, the
public hearing was closed. A motion was offered by Commissioner Cohen and
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seconded by Commissioner Holzberg to provide an extension of the permit to
July 11, 2000. A motion was offered by Vice Mayor Perlow and seconded by
Commissioner Rogers-Libert to grant a 6-month extension, which extension
would terminate on July 11, 2000 if the mortgage commitment and closing date
are not secured and provided to the City by July 11, 2000 and that the applicant
will appear before the Commission at the November, 2000 meeting to provide an
update and plans for removal of trailers by December 31, 2000 in the event
construction is not completed at that time. A motion was offered by
Commissioner Berger and seconded by Commissioner Beskin to deny the
request of applicant. Vice Mayor Perlow's motion to grant the 6-month extension
with conditions passed 5-2 with Commissioners Berger and Beskin voting no.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the May 2, 2000
Commission meeting, May 23, 2000 Special Meeting and May 23, 2000 Commission
Workshop Meeting was offered by Commissioner Rogers-Libert, seconded by
Commissioner Holzberg and unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: At the
request of Commissioner Rogers-Libert, discussion regarding proposed Citizens
Access to Justice Act of 1999 (S. 1028 Takings bill) and proposed Religious Liberty
Protection Act of 2000 (S.2081) was added as item 12.
6. SPECIAL PRESENTATIONS: None.
?. CONSENT AGENDA: Commissioner Berger requested removal of item 7D and Vice
Mayor Perlow requested removal of item 7C, both from the Consent Agenda. A
motion to approve the remainder of the Consent Agenda was offered by
Commissioner Rogers-Libert, seconded by Vice Mayor Perlow, unanimously passed
and the following action was taken:
A. Resolution No. 2000-34 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SUPPORTING, ENDORSING AND URGING ITS
RESIDENTS, BUSINESSES AND COMMUNITY ENTITIES TO
INCREASE THEIR KNOWLEDGE AND EDUCATION REGARDING THE
SIGNS AND SYMPTOMS OF CARDIAC ARREST AND STROKE, AND
URGES THE USE OF AUTOMATED EXTERNAL DEFIBRILLATORS
WITHIN THE CITY OF AVENTURA IN ORDER TO BE DESIGNATED AS
A HEART SAFE COMMUNITY; AND PROVIDING AN EFFECTIVE
DATE.
B. Resolution No. 2000-35 was adopted as follows:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED MEMORANDUM OF AGREEMENT FOR
LANDSCAPE MAINTENANCE THROUGHOUT THE ENTIRE
CORRIDOR OF BISCAYNE BOULEVARD WITHIN THE CITY LIMITS
BY AND BETWEEN THE CITY OF AVENTURA AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION; REQUIRING THE FLORIDA
DEPARTMENT OF TRANSPORTATION TO REIMBURSE THE CITY OF
AVENTURA $8,677.32 PER ANNUM FOR MAINTENANCE
LANDSCAPE SERVICES TO BE PROVIDED BY THE CITY OF
AVENTURA; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
E. Resolution No. 2000-36 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING RESOLUTION 96-18 WHICH DID
ESTABLISH COMPREHENSIVE COMMISSION MEETING AND
AGENDA PROCEDURES BY AMENDING SECTION 2 C. "ORDER OF
BUSINESS"; AND PROVIDING AN EFFECTIVE DATE.
F. The following motion was approved:
MOTION TO APPROVE CITY MANAGER'S PERFORMANCE
EVALUATION PACKAGE AS OUTLINED IN EXHIBIT "A"
G. Resolution No. 2000-37 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. 00-218-A
FOR PROFESSIONAL DESIGN SERVICES FOR BISCAYNE (7) PHASE
III AND IV AND PERTAINING PORTION OF FEC LANDSCAPE
BUFFER BY AND BETWEEN THE CITY OF AVENTURA AND O'LEARY
DESIGN ASSOCIATES, P.A.; AND PROVIDING AN EFFECTIVE DATE.
The following items were removed from the Consent Agenda and addressed
separately:
C. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
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FOR BID NO. 00-05-03-3, NE 34TM AVENUE LIGHTING
IMPROVEMENTS, TO IMPERIAL ELECTRIC OF FORT LAUDERDALE
AT THE BID PRICE OF $370,971.76. AUTHORIZING THE CITY
MANAGER TO EXECUTE ASSOCIATED CONTRACTS; 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 Commissioner Rogers-Libert, seconded by
Commissioner Holzberg, unanimously passed and Resolution No. 2000-38 was
adopted.
D. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING GUIDELINES FOR NAMING OF
PUBLIC FACILITIES; PROVIDING DEFINITIONS; PROVIDING
GUIDELINES FOR ACCEPTANCE OF MONETARY DONATIONS IN
CONSIDERATION FOR THE NAMING OF PUBLIC FACILITIES; AND
PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Beskin. An amendment was offered by Commissioner Berger
and seconded by Commissioner Holzberg to provide that the nominee must have
been a resident of the City of Aventura for at least one year. The amendment
failed 3-4, with Commissioners Berger, Cohen and Holzberg voting yes and
Commissioners Beskin, Rogers-Libert, Vice Mayor Perlow and Mayor Snyder
voting no. An amendment was offered by Commissioner Beskin, seconded by
Commissioner Rogers~Libert and unanimously passed to include in Section 3 (3)
that public facilities shall not be named after living individuals. The motion, as
amended, passed unanimously and Resolution No. 2000-39 was adopted.
8. PUBLIC HEARINGS: ORDINANCES - FIRST AND ONLY READING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN OF THE CITY OF AVENTURA
BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR
THE PROPERTY LOCATED AT APPROXIMATELY 5000 ISLAND
BOULEVARD FROM MEDIUM HIGH DENSITY RESIDENTIAL TO
BUSINESS AND OFFICE; AND PROVIDING FOR AN EFFECTIVE
DATE.
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At the request of the applicant, a motion was offered by Commissioner Rogers-
Libert, seconded by Commissioner Berger and unanimously passed to defer this
matter.
9. PUBLIC HEARINGS: ORDINANCES - FIRST READING: 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 99-09; BY AMENDING CHAPTER 9 "SIGN
REGULATIONS;" BY AMENDING SECTION 901.11 "NON-
CONFORMING SIGNS;" BY AMENDING SECTION (B) "EXCEPTION
TO AMORTIZATION SCHEDULE;" BY AMENDING PARAGRAPH 3
THEREOF, SO AS TO PROVIDE FOR THE EXPIRATION OF THE
EXEMPTION OF OFFICE BUILDING WALL SIGNS FROM THE
AMORTIZATION AND REMOVAL REQUIREMENT, INSTEAD OF
ALLOWING NON-CONFORMING OFFICE BUILDING WALL SIGNS
WHICH EXISTED ON JUNE 3, 1997, TO CONTINUE TO RELY UPON
SUCH EXEMPTION; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
A motion was offered by Vice Mayor Perlow, seconded by Commissioner Berger
and unanimously passed to incorporate into this hearing all amendments and
testimony, written and verbal, relative to this item given at the preceding Local
Planning Agency meeting. A motion for approval, as amended, was offered by
Commissioner Cohen and seconded by Commissioner Rogers-Libert. 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.
10. PUBLIC HEARING: ORDINANCES - SECOND READING:
Mr. Wolpin read the following ordinances by title. A motion for approval was
offered by Commissioner Rogers-Libert and seconded by Vice Mayor Perlow.
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 the following ordinances were enacted:
A. Ordinance No. 2000-14:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
FUNCTIONAL CLASSIFICATION AND NUMBER OF LANES MAP FOR
NE 203 STREET FROM BISCAYNE BOULEVARD TO NE 30TM AVENUE
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BY DELETING ITS CLASSIFICATION AS A LIMITED ACCESS
HIGHWAY; AND PROVIDING FOR AN EFFECTIVE DATE.
B. Ordinance No. 2000-15:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR THE TURNBERRY ISLE
RESORT AND COUNTRY CLUB, LOCATED AT 19999 WEST
COUNTRY CLUB DRIVE FROM PARKS AND RECREATION TO
BUSINESS AND OFFICE; AND PROVIDING FOR, AN EFFECTIVE
DATE.
C. Ordinance No. 2000-16:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY DESIGNATING NE 213
STREET FROM BISCAYNE BOULEVARD TO NE 34TM AVENUE AS A
LOCAL URBAN COLLECTOR ON THE FUTURE FUNCTIONAL
CLASSIFICATION AND NUMBER OF LANES MAP; AND PROVIDING
FOR, AN EFFECTIVE DATE.
D. Ordinance No. 2000-17:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY ADDING SlX (6) NEW
POLICIES (POLICIES 1.11 THROUGH 1.16) TO OBJECTIVE ONE OF
THE INTERGOVERNMENTAL COORDINATION ELEMENT; AND
PROVIDING FOR, AN EFFECTIVE DATE.
11. RESOLUTIONS: 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 2000/01 TO 2004/05; 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 Holzberg, seconded by
Commissioner Rogers-Libert, unanimously passed and Resolution No. 2000-40
was adopted.
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12. OTHER BUSINESS: A motion was offered by Commissioner Rogers-Libert,
seconded by Vice Mayor Perlow and unanimously approved to provide the
Commission's written opposition, as drafted by Commissioner Rogers-Libert and
the City Manager, to any infringement on local land use authority proposed in
S.1028 "Citizens Access to Justice Act of 1999" (Takings bill) to members of the
Senate Judiciary Committee and local, state and national Leagues.
A motion was offered by Commissioner Rogers-Libert, seconded by
Commissioner Holzberg and unanimously approved to provide the Commission's
written opposition, as drafted by Commissioner Rogers-Libert and the City
Manager, to S.2081 Religious Liberty Protection Act of 2000 to members of the
Senate Judiciary Committee and local, state and national Leagues.
13. PUBLIC COMMENTS: None.
14. REPORTS: As presented.
15. 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 8:30 p.m. ~ ~% ~)
~e~bla M./Soroka,~ac, City Clerk
Approved by the Commission on July 11, 2000.
Anyone wishing to appeal any decision made by the City Commission with respec~ 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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