07-11-2000 Commission Meeting CITY COMMISSION MEETING 21110 BiscayneBo~ievard Suite 101
TUESDAY, JULY 11, 2000 6 PM Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:30 p.m. by
Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin,
Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Jeffrey M Perlow, Mayor Snyder,
City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorney David M.
Wolpin. Commissioner Ken Cohen was absent due to illness. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Ginger Grossman 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.
Vice Mayor Perlow left the meeting at this time.
A. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ABANDONING A 307-FOOT SEGMENT OF NE
27 COURT, LOCATED NORTH OF NE 211 STREET BETWEEN BLOCK
I AND BLOCK J OF THE HALLANDALE PARK NO. 6 SUBDIVISION;
PROVIDING FOR RECORDATION; 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
Holzberg. Mayor Snyder opened the public hearing. There being no speakers,
the public hearing was closed. The motion for approval passed unanimously
and Resolution No. 2000-4'1 was adopted.
Vice Mayor Perlow returned to the meeting at this time.
B. Mr. Wolpin read the following motion:
MOTION TO AUTHORIZE EXTENSION OF APPROVALS GRANTED TO
APPLICANT, KENNETH MARLIN, FOR PROPERTY LOCATED
BETWEEN NE 206 STREET AND NE 207 STREET ON THE EAST SIDE
OF EAST DIXIE HIGHWAY IN ACCORDANCE WITH RESOLUTION
NO. 99-39 ADOPTED ON AUGUST 3, 1999 FOR AN ADDITIONAL SiX
(6) MONTH PERIOD FROM AUGUST 3, 2000 TO FEBRUARY 3, 2001.
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 Beskin and seconded by Commissioner Berger.
Mayor Snyder opened the public hearing. The following individual addressed
the Commission: Gary Nesbitt, Esq., on behalf of the applicant. There being no
further speakers, the public hearing was closed. The motion passed
unanimously.
C. Mr. Wolpin read the following motion:
MOTION TO AUTHORIZE EXTENSION OF TEMPORARY TRAILER
BUILDING PERMIT FOR THE CHABAD HOUSE OF NORTH DADE
Correspondence provided to Commission from applicant's counsel enclosing
conditional mortgage approval from lender with anticipated closing date within
approximately 60 days.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the June 6, 2000
Commission meeting, June 14, 2000 Visioning Session and June 27, 2000
Commission Workshop Meeting was offered by Commissioner Rogers-Libert,
seconded by Vice Mayor Perlow and unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Bill
Nathanson, owner of Turnbagel requested that he be added to the agenda. A
motion for approval was offered by Commissioner Berger, seconded by
Commissioner Rogers-Libert and unanimously passed. Mr. Nathanson addressed
the Commission regarding signage for his business near FDOT construction. City
Manager to confer with FDOT regarding assistance to the businesses affected by
the construction.
6. SPECIAL PRESENTATIONS: None.
7. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Rogers-Libert, seconded by Commissioner Holzberg, unanimously
passed and the following action was taken:
A. Resolution No. 2000-42 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 00-5-31-3, BISCAYNE 5/6 AND
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FEC LANDSCAPE BUFFER, TO VILA & SON LANDSCAPING
CORPORATION AT THE BID PRICE OF $1,179,980.00;
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.
B. The following motion was approved:
MOTION TO APPROVE AND PROCEED WITH PHASE II OF
CULTURAL CENTER FEASIBILITY STUDY
C. Resolution No. 2000-43 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A REPLAT OF TRACT TT, SE V4
OF SECTION 35, TOWNSHIP 51 SOUTH, RANGE 42 EAST CITY OF
AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR
RECORDATION; PROVIDING AN EFFECTIVE DATE.
D. Resolution No. 2000-44 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A FINAL PLAT OF BElT EDMOND
J. SAFRA SYNAGOGUE LYING IN THE NW 1/4 OF SECTION 2,
TOWNSHIP 52 SOUTH, RANGE 42 EAST CITY OF AVENTURA, MIAMI-
DADE COUNTY, FLORIDA; PROVIDING FOR RECORDATION;
PROVIDING AN EFFECTIVE DATE.
E. Resolution No. 2000-45 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
THE CITY OF AVENTURA; DESCRIBING THE MANNER OF
DISPOSAL; AUTHORIZING CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING FOR EFFECTIVE DATE.
F. Resolution No. 2000-46 was adopted as follows:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, REQUESTING THE MIAMI-DADE COUNTY
SCHOOL BOARD TO CONSTRUCT AN ELEMENTARY SCHOOL
WITHIN THE CORPORATE LIMITS OF THE CITY TO SERVE THE
GROWING SCHOOL-AGE POPULATION AND ALLEVIATE
OVERCROWDING IN AREA ELEMENTARY SCHOOLS; AUTHORIZING
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR EFFECTIVE
DATE.
8. PUBLIC HEARINGS: ORDINANCES - FIRST READING:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING
THE CITY CODE BY AMENDING CHAPTER 14 "BUILDINGS AND
BUILDING REGULATIONS" BY AMENDING SECTION 14-62
"REGISTRATIONS" TO PROVIDE FOR DATE FOR ANNUAL RENEWAL
OF CONTRACTOR REGISTRATION; AND TO CLARIFY REGISTRATION
REQUIREMENTS TO CONFORM TO FLORIDA STATE STATUTES;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin 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 cell vote.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING
THE CITY CODE BY AMENDING CHAPTER 18 "BUSINESS
REGULATIONS, LICENSES AND PERMITS" BY AMENDING SECTION
18-33(a) TO DELETE REQUIREMENT TO FIRST OBTAIN COUNTY
OCCUPATIONAL LICENSE; BY AMENDING SECTION 18-34 TO
PROVIDE FOR REQUIREMENT OF CERTIFICATE OF USE; AND BY
AMENDING SECTION 18-42 "TAX SCHEDULE," TO REVISE THE
OCCUPATIONAL LICENSE TAX RATE FOR MANICURISTS AND TO
SPECIFY OCCUPATIONAL LICENSE TAX RATES FOR
IMPORT/EXPORT; PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Beskin. Mayor Snyder opened the public
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hearing. There being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 45 OF THE CITY CODE BY ADDING SECTIONS 1
THROUGH 16; PROVIDING THE TERMS AND CONDITIONS FOR THE
ERECTING, CONSTRUCTING, AND MAINTAINING OF A
TELECOMMUNICATIONS FACILITY IN, ON, ACROSS, ABOVE OR IN
ANY MANNER WHATSOEVER USING THE CITY'S PUBLIC RIGHTS
OF WAY FOR THE PROVISION OF TELECOMMUNICATIONS
SERVICE; PROVIDING ASSURANCES THAT THE CITY'S PUBLIC
RIGHTS OF WAY ARE USED IN THE PUBLIC INTEREST; PROVIDING
FOR CONFORMANCE WITH APPLICABLE LAW; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin and seconded
by Commissioner Berger. Mayor Snyder opened the public hearing. The
following individuals addressed the Commission: Braulio Baez, Esq., the
City's telecommunications counsel; Paul Durelly, Esq., Greenberg Traurig
There being no further speakers, the public hearing was closed.
Commissioner Beskin and Mr. Baez noted scrivener's errors. A motion to
amend the ordinance to provide correction of these errors was offered by
Commissioner Beskin, seconded by Commissioner Rogers-Libert and
unanimously passed. Mr. Baez to review and address concerns
expressed by Vice Mayor Perlow prior to second reading. The motion for
approval, as amended, passed unanimously by roll call vote.
9. PUBLIC HEARING: ORDINANCES - SECOND 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
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SUCH EXEMPTION; 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 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 Ordinance No. 2000-18
was enacted.
10. RESOLUTIONS: None.
11. OTHER BUSINESS:
MOTION AND POSSIBLE ACTION RE: TERMITE ORDINANCE
(Vice Mayor Perlow)
Vice Mayor Perlow discussed his concerns regarding the definition of a
residential building and whether or not this should be clarified for public
responsiveness to the ordinance. Consensus that present ordinance be
amended to require master associations of single family homes to provide notice
to homeowners of the requirements for reporting under the terms and conditions
of the subject ordinance.
12. PUBLIC COMMENTS: Ginger Grossman, Country Club Drive; and Mike
Calhoun, 3720 Colllins Avenue.
13. REPORTS: As presented.
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 7:40 p.m.
~.~esa M. So[,~;-~MC, ¢;ity ~31erk
Approved by the Commission on August 1, 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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