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09-05-2000 Commission Meeting MINUTES Biscayne Medical Arts Center CITY COMMISSION MEETING 21110 Biscayne Boulevard Suite 101 SEPTEMBER 5, 2000 6 PM Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:05 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 Attorney Richard Jay. Weiss. 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. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DENYING A SIGN VARIANCE FOR SPOTMASTER CLEANERS, LOCATED AT 18000 BISCAYNE BOULEVARD, TO PERMIT A WALL SIGN ON THE EAST ELEVATION WITH AN AREA OF 174 SQUARE FEET WHERE 125 SQUARE FEET IS PERMITTED BY CODE; APPROVING A SIGN VARIANCE TO PERMIT A SECOND WALL BOX SIGN ON THE WEST ELEVATION OF THE BUILDING WHERE ONE WALL SIGN CONSISTING OF REVERSE OR CHANNEL LETTERS IS PERMITTED 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 Vice Mayor Perlow, and seconded by Commissioner Cohen. Mayor Snyder opened the public hearing. The following individuals addressed the Commission: Alan Rosenthal, Esq., 2875 NE 191st Street, representing the applicant; Jack Carrow, 2000 Island Boulevard; Milton Projan, 18081 Biscayne Boulevard; and Constance Dembicer, 18071 Biscayne Boulevard. There being no further speakers, the public hearing was closed. A motion to deny applicant's request for the east elevation wall sign was offered by Commissioner Rogers-Libert, seconded by Commissioner Berger and unanimously passed. A motion was offered by Commissioner Beskin and seconded by Commissioner Rogers-Libert to permit the west sign at 140 sq. ft. providing it consists of reverse or channel letters. An amendment was offered by Vice Mayor Perlow and seconded by Commissioner Beskin to permit a second wall sign on the west side no larger than 125 sq. ft. provided it consists of reverse or channel letters and is otherwise fully code compliant. The motion passed, 6-1, with Commissioner Holzberg voting no. A motion to amend the Resolution to reflect the correct direction of the second sign request (change east to west in the title) and incorporate the previously passed motion on the west sign was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Perlow and unanimously passed. The resolution, as amended, passed unanimously and Resolution No. 2000-$2 was adopted. A motion to take item 6 out of order at this time was offered by Vice Mayor Perlow, seconded by Commissioner Rogers-Libert and unanimously passed. $. SPECIAL PR£S£NTATIONS: Mayor Snyder presented Certificates of Appreciation to Census 2000 volunteers. Representative Sally Heyman presented the City with a ceremonial check in the amount of $112,500 as grant funds from the State Department of Environmental Protection for Waterways Park improvements. 3. 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 AVENTURA CORPORATE CENTER, LOCATED AT 20801-20803 BISCAYNE BOULEVARD, TO ALLOW A MONUMENT SIGN WHICH EXCEEDS THE SIZE 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 Berger. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval failed, 3-3, with Mayor Snyder, Commissioners Beskin and Rogers-Libert voting yes and Commissioners Berger, Cohen and Holzberg voting no. C. 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 CHEF ALLEN'S RESTAURANT, LOCATED AT '19088 NE 29 AVENUE, TO 2 ALLOW A WALL SIGN ON THE SOUTH ELEVATION WITH MORE THAN 50% OF THE SIGN ABOVE THE ROOFLINE; DENYING A REQUEST FOR A SECOND WALL SIGN WHERE ONLY ONE WALL SIGN IS PERMITTED BY CODE; PROVIDING AN EFFECTIVE DATE. At the request of the applicant, a motion to defer this matter was offered by Commissioner Rogers-Libert, seconded by Commissioner Cohen and unanimously passed. 4. APPROVAL OF MINUTES: A motion to approve the minutes of the August 1, 2000 Commission meeting was offered by Commissioner Rogers-Libert, seconded by Commissioner Berger and unanimously passed. 5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 7. CONSENT AGENDA: Commissioner Rogers-Libert requested removal of item 7B, Commissioner Beskin requested removal of items 7C & 7F and Commissioner Cohen 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 Commissioner Beskin, unanimously passed and the following action was taken: A. Resolution No. 2000-53 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA URGING MIAMI-DADE COUNTY TO FUND THE CONSTRUCTION AND OPERATION OF A REGIONAL PARK AT THE MUNISPORT LANDFILL SITE IN THE CITY OF NORTH MIAMI; AND PROVIDING AN EFFECTIVE DATE. D. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $'109,000 FOR FURNITURE AND EQUIPMENT FOR THE POLICE DEPARTMENT FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH CITY MANAGER'S MEMORANDUM. E. Resolution No. 2000-54 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT FOR PROFESSIONAL SERVICES ASSOCIATED WITH NPDES OPERATING PERMIT BY AND BETWEEN MIAMI-DADE COUNTY AND THE CITY OF 3 AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. H. Resolution No. 2000-55 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. 00-224-A FOR PROFESSIONAL LANDSCAPE ARCHITECT SERVICES FOR A MASTER PLAN/FEASIBILITY STUDY FOR THE WATERWAYS PARK EXPANSION BY AND BETWEEN THE CITY OF AVENTURA AND O'LEARY DESIGN ASSOCIATES, P.A. FOR THE AMOUNT OF $56,700; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Mayor Snyder passed the gavel to Vice Mayor Perlow during the Consent Agenda discussion) The following items were removed from the Consent Agenda and addressed separately: B. 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 AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF AVENTURA TO PROVIDE FOR AN INCREASE IN THE AVAILABILITY OF BOOKS, NEWSLETTERS AND BUSINESS MATERIALS AT THE NORTHEAST BRANCH OF THE MIAMI-DADE PUBLIC LIBRARY; 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 Rogers-Libert, seconded by Commissioner Berger and unanimously passed to include a new Section 2 in the Resolution directing the City Manager to obtain quarterly reports from the County outlining the expenditure of funds. Phyllis Alpert, Assistant Library Director, 101 W. Flagler Street, addressed concerns of the Commission. The motion, as amended, passed unanimously and Resolution No. 2000-56 was adopted. 4 C. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF BERMELLO, AJAMIL & PARTNERS, INC. TO PERFORM ARCHITECTURAL DESIGN SERVICES RELATIVE TO ISQ NO. 00-7-25-2, COMMUNITY/RECREATION CENTER PROJECT; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO NEGOTIATE THE TERMS AND FEES FOR SAID WORK; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH THE SELECTED FIRM BE UNSUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg, unanimously passed and Resolution No. 2000-57 was adopted. F. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING CONTRACT FOR RFP NO. 00-06- 19-3, THE ADMINISTRATION OF OFF-DUTY POLICE FUNCTIONS, TO COMMAND SECURITY CORPORATION; 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 Berger and seconded by Commissioner Holzberg. An amendment to the agreement was offered by Commissioner Beskin, seconded by Commissioner Rogers-Libert and unanimously passed to remove the last sentence of Paragraph 7. A motion was offered by Commissioner Cohen, seconded by Commissioner Holzberg and unanimously passed to clarify that checks from vendors will be made payable to the City of Aventura and remitted to the City no later than Tuesday of the week following receipt. An amendment was offered by Commissioner Berger, seconded by Commissioner Rogers-Libert and unanimously passed to clarify in paragraph F that the City will pay a service fee of 5.5%. An amendment to the agreement to provide that public records requests received by the Contractor be first submitted to City Administration was offered by Commissioner Rogers-Libert, 5 seconded by Mayor Snyder and unanimously passed. The motion for approval, as amended, passed unanimously and Resolution No. 2000-58 was adopted. G. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A RANKING OF FIRMS TO PERFORM AUDITING SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE SCOPE OF SERVICES AND FEES FOR SAID SERVICES; 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 Rogers-Libert and seconded by Commissioner Beskin. An amendment was offered by Mayor Snyder and seconded by Vice Mayor Perlow to rank Rachlin, Cohen & Holtz, LLP as number one and Keefe, McCullough & Co., LLP as number two. The motion failed, 1-6, with Mayor Snyder voting yes. The motion for approval passed, 6-1, with Mayor Snyder voting no and Resolution No. 2000-59 was adopted. 8. PUBLIC HEARING: ORDINANCES- FIRST READING: None. 9. PUBLIC HEARING: ORDINANCES - SECOND READING: A. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 30, "ENVIRONMENT," BY CREATING ARTICLE VI, "PROPERTY MAINTENANCE," PROVIDING FOR PROPERTY MAINTENANCE STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; 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 approval passed unanimously by roll call vote and Ordinance No. 2000-22 was enacted. B. Mr. Weiss read the following ordinance by title: 6 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY CREATING CHAPTER 48 "VEHICLES; USE OF RIGHT-OF-WAY; PARKING; AND OTHER REGULATIONS," BY CREATING ARTICLE I "ABANDONED VEHICLES AND VESSELS;" ARTICLE II "USE OF RIGHT-OF-WAY; PARKING; AND OTHER REGULATIONS;" PROVIDING PROCEDURES FOR REMOVAL OF ABANDONED VEHICLES FOUND ON PUBLIC PROPERTY AND/OR PRIVATE PROPERTY; PROVIDING REGULATIONS PROHIBITING COMMERCIAL USE OF RIGHT-OF-WAY; PROVIDING REGULATIONS CONCERNING PARKING AND STORAGE OF CERTAIN VEHICLES AND BOATS; PROVIDING OTHER PARKING REGULATIONS; PROVIDING REGULATIONS CONCERNING REPAIR OF VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Rogers-Libert. Mayor Snyder opened the public hearing. Thomas Deakmon, NE 30th Avenue, addressed the Commission. There being no further speakers, the public hearing was closed. An amendment was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed to add to the end of Section 48-13 (b) (c) and (d) unless approved by the City Manager. A motion to include the definition of "vessel" was offered by Vice Mayor Perlow, seconded by Commissioner Holzberg and unanimously passed. The motion for approval, as amended, passed unanimously by roll call vote and Ordinance No. 2000-23 was enacted. C. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 30 "ENVIRONMENT" OF THE CITY CODE BY AMENDING ARTICLE V "TERMITE DAMAGE PREVENTION" BY AMENDING SECTION 30-180 "TERMITES; DEVELOPMENT OF LAND; ANNUAL INSPECTION;" TO CLARIFY AND CONFIRM APPLICABILITY TO ALL SINGLE FAMILY, DUPLEXES, TOWNHOUSES, AND MULTI-FAMILY BUILDINGS, AND TO REQUIRE CERTAIN HOMEOWNERS ASSOCIATIONS TO NOTIFY INDIVIDUAL HOMEOWNERS OF HOMEOWNERS' RESPONSIBILITY FOR COMPLIANCE WITH ANNUAL TERMITE INSPECTION REQUIREMENTS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. 7 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: Donald Brodey. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No, 2000-26 was enacted. 10.RESOLUTIONS: None. 11.OTHER BUSINESS: A. REAL ESTATE BUSINESSES WINDOW SIGNS (Commissioner Beskin) A motion to defer this matter to the Commission Workshop was offered by Commissioner Cohen, seconded by Commissioner Rogers-Libert and unanimously passed. B. UPDATE - HIDDEN BAY (Vice Mayor Perlow) Vice Mayor Perlow noted complaints received about the quality of construction and the construction site at Hidden Bay. 'I2. PUBLIC COMMENTS: The following individuals addressed the Commission: Mr. Carrow; and Sam Levine, 3370 NE 190th Street. 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, thC/meeting Tere~'M. Sor ~ka,o..~C, (~¢y Clerk Approved by the Commission on October 3, 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.