Loading...
10-03-2000 Commission Meeting MINUTES Biscayne Medical Arts Center CITY COMMISSION MEETING 2~1o Biscayne Boulevard Suite 101 OCTOBER 3, 2000 6 PM Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:15 p.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Harry Holzberg, Vice Mayor Jeffrey M. Perlow, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney Richard Jay Weiss (arrived at 6:55 p.m.) Commissioner Patricia Rogers-Libert was absent due to inclement weather conditions. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Teri Holzberg led the pledge of allegiance. (Items 4-8 taken out of order) 4. ELECTION OF VICE MAYOR: A motion to nominate Commissioner Beskin as Vice Mayor for the next 6-month term was offered by Commissioner Cohen, seconded by Vice Mayor Perlow and unanimously passed. 5. APPROVAL OF MINUTES: A motion to approve the minutes of the September 5, 2000 Budget Hearing, the September 5, 2000 Commission Meeting, the September 18, 2000 Workshop Meeting and the September 19, 2000 Budget Hearing was offered by Vice Mayor Beskin, seconded by Commissioner Berger and unanimously passed. 6. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 7. SPECIAL PRESENTATIONS: None. 8. CONSENT AGENDA: Commissioner Cohen requested removal of items 8A and 8B, Vice Mayor Beskin requested removal of items SD, 8E and 8F and Commissioner Perlow requested removal of item 8C, all from the Consent Agenda. A. Mr. Soroka read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPOINTING THE FIRM OF KEEFE, MCCULLOUGH & CO., LLP TO PERFORM AUDITING SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED ENGAGEMENT LETTER; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Beskin and seconded by Commissioner Holzberg. An amendment was offered by Commissioner Perlow, seconded by Commissioner Cohen and unanimously passed to amend the agreement to provide that the City may terminate the agreement upon 30-days written notice. The motion for approval, as amended, passed unanimously, 6-0, and Resolution No. 2000-60 was adopted. B. Mr. Soroka 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 FOR CONSULTING SERVICES FOR DESIGN AND CONSTRUCTION ADMINISTRATION OF THE COMMUNITY/RECREATION CENTER, BY AND BETWEEN BERMELLO, AJAMIL & PARTNERS, INC. AND THE CITY OF AVENTURA, AS SET FORTH IN ISQ NO. 00-07-25-2, AUTHORIZING SCOPE OF SERVICES AND FEES FOR PHASE ONE; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Beskin, seconded by Commissioner Perlow, unanimously passed, 6-0, and Resolution No. 2000-61 was adopted. C. Mr. Soroka read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SUPPORTING ACTION BY THE FLORIDA LEGISLATURE TO REFORM WINDSTORM INSURANCE LEGISLATION SO THAT ADEQUATE PROTECTION IS AVAILABLE AT REASONABLE AND FAIR RATES; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Perlow and seconded by Commissioner Holzberg. An amendment was offered by Commissioner Perlow, seconded by Commissioner Holzberg and unanimously passed to substitute the world "inequities" for the word "failure" in the first Whereas clause. An amendment was offered by Vice Mayor Beskin, seconded by Commissioner Perlow and passed 5-1, with Commissioner Berger voting no, to delete in Section 2(2) the word "insurance industry dominated" and in Section 2(4) the word "rather than insurance industry representatives." The motion for approval, as amended, passed 6-0, and Resolution No. 2000-62 was adopted. 2 D. MOTION TO APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AVENTURA POLICE DEPARTMENT AND THE NORTH MIAMI BEACH POLICE DEPARTMENT RELATING TO THE JOINT ESTABLISHMENT OF THE RADIO COMMUNICATIONS SYSTEM. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED LEASE AGREEMENT WITH ISLAND BOULEVARD CONDOMINIUM ASSOCIATION, INC. FOR THE INSTALLATION OF POLICE RADIO FACILITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. F. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $70,000 FOR THE 800 MHz RADIO COMMUNICATIONS SYSTEM FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. Items 8D, 8E and 8F were read by title by Mr. Soroka. Commissioner Perlow noted that references to the Lessor in the Resolution should include "2000" Island Boulevard. A motion to defer items 8D and SE to a special meeting on October 24, 2000 at 9 a.m. was offered by Commissioner Perlow and seconded by Commissioner Berger. A motion not to defer item 8D was offered by Vice Mayor Beskin, seconded by Commissioner Cohen and passed, 4-2, with Commissioner Perlow and Mayor Snyder voting no. The motion to defer item 8E was unanimously passed. A motion to approve item 8D was offered by Vice Mayor Beskin, seconded by Commissioner Berger and passed, 4-2, with Commissioner Perlow and Mayor Snyder voting no. A motion to approve item 8F was offered by Commissioner Perlow, seconded by Commissioner Cohen and passed, 6-0. (Mr. Weiss arrived during discussion of items 8D, 8E and 8F.) 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: 3 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 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. 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: Ron Book, Esq., 2999 NE 191st Street, representing the applicant. There being no further speakers, the public hearing was closed. A motion was offered by Commissioner Perlow and seconded by Commissioner Cohen to approve the south elevation sign, conditioned upon the removal of the awning sign. The motion passed, 4-2, with Commissioners Berger and Holzberg voting no. A motion was offered by Commissioner Perlow and seconded by Commissioner Cohen to approve the west elevation sign, conditioned upon the removal of the word "Restaurant" and based upon the unique location of the subject property. The motion passed 5-1, with Commissioner Berger voting no. Resolution No. 2000-63 was adopted as amended. B. 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 AVENTURA COMMONS ASSOCIATES, LTD., LOCATED AT 21005-21265 BISCAYNE BOULEVARD, TO PERMIT A SECOND MONUMENT SIGN MEASURING 120 SQUARE FEET IN AREA WHERE ONLY ONE MONUMENT SIGN WITH A MAXIMUM AREA OF 48 SQUARE FEET IS PERMITTED BY CODE; APPROVING A SIGN VARIANCE TO PERMIT A PORTION OF A MONUMENT SIGN TO BE USED TO DISPLAY THE NAME OF A RETAIL TENANT NOT LOCATED ON THE SAME PARCEL (OFF-PREMISE SIGN); PROVIDING AN EFFECTIVE DATE. Ms. Kelley explained the request of the applicant and entered the staff report into the record. A motion for approval was offered by Commissioner Cohen and seconded by Commissioner Berger. Mayor Snyder opened the public hearing. The following individuals addressed the Commission: Ben Fernandez, Esq., and Jeffrey Bercow, Esq., Bercow & Radell, 200 S. Biscayne Boulevard, representing the applicant. There being no further speakers, the public hearing was closed. A motion for deferral was offered by Commissioner Perlow, seconded by Commissioner Cohen and unanimously passed. 4 9. PUBLIC HEARING: ORDINANCES - FIRST READING: Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $6,750,000 IN AGGREGATE PRINCIPAL AMOUNT OF OBLIGATIONS OF THE CITY TO FINANCE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC PARKS, RECREATION AND COMMUNITY CENTERS AND THE ACQUISITION, CONSTRUCTION, EQUIPPING AND INSTALLATION OF VARIOUS RELATED CAPITAL IMPROVEMENTS AND TO PAY COSTS AND EXPENSES OF ISSUING SUCH OBLIGATIONS; PROVIDING FOR A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON- AD VALOREM FUNDS EACH YEAR TO PAY THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON THE OBLIGATIONS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH OBLIGATIONS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Beskin 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. 10. PUBLIC HEARING: ORDINANCES- SECOND READING: None. 11. RESOLUTIONS: Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA APPROVING THE FORM AND AUTHORIZING THE DISTRIBUTION OF A REQUEST FOR PROPOSALS TO FINANCIAL INSTITUTIONS TO PROVIDE FINANCING TO THE CITY OF AVENTURA, FLORIDA TO FUND THE COSTS OF VARIOUS CAPITAL ACQUISITIONS AND IMPROVEMENTS RELATING TO PARKS, RECREATION AND COMMUNITY CENTERS WITHIN THE CITY; DELEGATING AUTHORITY TO THE CITY MANAGER TO REVIEW ALL PROPOSALS AND MAKE RECOMMENDATION TO THE COMMISSION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Beskin, seconded by Commissioner Cohen, unanimously passed and Resolution No. 2000-64 was adopted. 'I2.OTHER BUSINESS: LEAGUE/LEGISLATIVE UPDATE (Commissioner Rogers-Libert). (Not present) 5 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.Te~sa(~M So/r~a-,,~ ~l~lb~'~ lerk~ . ~ ~/ ' Approved by the Commission on November 14, 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. 6