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11-14-2000 Commission Meeting MINUTES Biscayne Medical Arts Center CITY COMMISSION MEETING 21t10 Biscayne Boulevard Suite 101 NOVEMBER 14, 2000 6 PM Aventura, Florida 33180 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, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Jay R. Beskin, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorneys Richard Jay Weiss and Nancy Stroud. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Susan Fried led the pledge of allegiance. Mayor announced that he would not be seeking re-election in 2001. 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. Ms. Streud explained the quasi-judicial process for the zoning hearings. B. (Taken out of order) Ms. Stroud read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 802.3.2 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A SEVEN (7) FOOT DRIVEWAY SEPARATION BETWEEN DRIVEWAYS OF MULTI-FAMILY RESIDENTIAL PARCELS ON COLLECTOR ROADS WHERE A DRIVEWAY SEPARATION OF 150 FEET IS REQUIRED FOR PROPERTY LOCATED AT 20185 EAST COUNTRY CLUB DRIVE; 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(s) addressed the Commission: Alan Rosenthal, Esq., 2875 NE 191st Street, representing the applicant; Joseph P. Averill, Esq., 710 City National Bank Building, 25 West Flagler Street, Miami, representing the Terraces; Olivero Sanchez, Bermello Ajamil, traffic consultant for the applicant; Bernard Weinstein, 20191 E. Country Club Drive; Burton Ginsburg, 20191 E. Country Club Drive; Marian Nesbitt, 20185 E. Country Club Drive; Arnold Schwartzberg, 20191 E. Country Club Drive. There being no further speakers, the public hearing was closed. A motion to defer this matter to the January meeting to allow the adjacent property owners and the applicant to meet and review the issues involved in the application process, including meeting with Staff and City Engineers was offered by Commissioner Rogers-Libert, seconded by Commissioner Cohen and unanimously passed. F. REPORT ON STATUS OF CHABAD HOUSE OF NORTH DADE PURSUANT TO APPROVAL GRANTED AT THE JUNE 6, 2000 COMMISSION MEETING Mr. Rosenthal updated the Commission on the status of the subject matter and noted that the trailers will be removed by December 31, 2000. A. Ms. Stroud 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 MONUMENT SIGN MEASURING 75 SQUARE FEET IN AREA WHERE A MAXIMUM OF 46 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. Mayor Snyder opened the public hearing. The following individual(s) addressed the Commission: Ben Fernandez, Bercow & Radell, 200 S. Biscayne Boulevard, representing the applicant and Jeffrey Berkowitz, applicant. 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. An amendment was offered by Commissioner Rogers-Libert and seconded by Commissioner Perlow to approve a monument sign measuring 75 sq ft. subject to a covenant proffered that no sign be placed on 213th Street by Target and no sign be placed on Tract D. The amendment passed 4-3, with Commissioners Berger, Cohen and Holzberg voting no. The motion for approval, as amended, passed 4-3, with Commissioners Berger, Cohen and Holzberg voting no and Resolution No. 2000-66 was adopted. C. Ms. Stroud read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING AN EXTENSION OF A SIGN 2 VARIANCE PURSUANT TO RESOLUTION NO. 98-68 PASSED AND ADOPTED AUGUST 4, 1998; TO PERMIT ONE TEMPORARY SALES/DESIGN CENTER SIGN FOR COSCAN HOMES, KNOWN AS "THE POINT AT THE WATERWAYS"; PROVIDING FOR 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. There being no speakers, the public hearing was closed. A motion for approval was offered by Vice Mayor Beskin, and seconded by Commissioner Rogers-Libert. The motion for approval passed unanimously and Resolution No. 2000-67 was adopted. D. Ms. Stroud read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING THE APPROVALS GRANTED PURSUANT TO RESOLUTION NO. 98-88 PASSED AND ADOPTED NOVEMBER 17, 1998; TO DELETE THE PARKING SPACE VARIANCE; TO GRANT A NEW SETBACK VARIANCE TO PERMIT A 5 FOOT SETBACK AT THE INTERIOR SIDEYARD ABUTTING A RESIDENTIALLY ZONED PROPERTY, WHERE 15 FEET IS REQUIRED; TO MODIFY THE LANDSCAPING VARIANCE FOR PROPERTY LOCATED AT 18851 NE 29 AVENUE, AVENTURA; 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 individuals addressed the Commission: Stanley Price, Esq., 2500 1st Union Financial Center, and Tony Sanchez, of Arquitectonica, 550 Brickell Avenue, representing the applicant. There being no further speakers, the public hearing was closed. A motion for approval was offered by Commissioner Berger, and seconded by Commissioner Perlow. An amendment was offered by Vice Mayor Beskin, seconded by Commissioner Rogers- Libert and unanimously passed to amend the resolution to provide a condition that the property owner shall execute an Agreement with the City whereby use of the parking garage will be available to the general public, after monitoring parking within the parking garage, as needed on nights and weekends and that such Agreement shall be recorded no later then 180 days following issuance of the building Certificate of Occupancy. The motion for approval, as amended, passed unanimously and Resolution No. 2000-68 was adopted. E. Ms. Stroud read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE 3 FROM SECTION 703.4.3(g) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW ONE 15-FOOT BUILDING SEPARATION AND ONE 16-FOOT BUILDING SEPARATION WHERE A MINIMUM BUILDING SEPARATION OF 30 FEET IS REQUIRED FOR PROPERTY LOCATED AT 21395 AND 21396 MARINA COVE CIRCLE; PROVIDING AN EFFECTIVE DATE. Ms. Kelley explained the request of the applicant and entered the staff report into the record. Commissioner Rogers-Libert left the room at this time. Mayor Snyder opened the public hearing. The following individual addressed the Commission: Joseph Kaller, 2417 Hollywood Boulevard, architect for the applicant. There being no further speakers, the public hearing was closed. A motion for approval was offered by Commissioner Cohen, and seconded by Commissioner Holzberg. The motion for approval passed unanimously and Resolution No. 2000-69 was adopted. Commissioner Rogers-Libert returned to the meeting. 4. APPROVAL OF MINUTES: A motion to approve the minutes of the October 3, 2000 Commission Meeting, October 24, 2000 Commission Meeting, October 24, 2000 Workshop Meeting and November 8, 2000 Workshop Meeting was offered by Commissioner Rogers-Libert, seconded by Commissioner Perlow and unanimously passed. 5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 6. SPECIAL PRESENTATIONS: None. 7. CONSENT AGENDA: Commissioner Berger requested removal of item 7E and Commissioner Perlow requested removal of item 7F from the Consent Agenda. A motion to approve the remainder of the Consent Agenda was offered by Commissioner Rogers-Libert, seconded by Commissioner Perlow, unanimously approved and the following action was taken: A. Resolution No. 2000-70 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 BY AND BETVVEEN CO-PERMITTEES IN NPDES PERMIT NO. FLS000003 PROVIDING FOR CONTROL OF POLLUTANT DISCHARGES BETWEEN SEPARATE MUNICIPAL STORM SEWER SYSTEMS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 4 B. The following motion was approved: MOTION TO APPOINT THE FOLLOWING INDIVIDUALS TO SERVE ON THE CHARTER REVISION COMMISSION EFFECTIVE DECEMBER 1, 2000: COMMISSIONER HARRY HOLZBERG, BURTON YOUNG, ESQ., LEONARD BRENNER, MICHAEL ABRAMS, AND GINGER GROSSMAN C. Resolution No. 2000-71 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; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. D. Resolution No. 2000-72 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. 15414.72 FOR PROFESSIONAL DESIGN SERVICES FOR THE NE 30TM AVENUE STORM WATER AND ROADWAY IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND KEITH AND SCHNARS, P.A.; AND PROVIDING AN EFFECTIVE DATE. The following items were removed from the Consent Agenda and addressed separately: E. Mr. Weiss read the following motion: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $14,200 FOR FURNITURE, EQUIPMENT AND CRIME PREVENTION PROGRAMS FOR THE POLICE DEPARTMENT FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH CITY MANAGER'S MEMORANDUM. A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. F. Mr. Weiss read the following resolution by title: 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, RELATING TO THE SETTLEMENT OF THAT CERTAIN LAWSUIT ENTITLED "RUTH PRESENT, TRUSTEE AND MARION MUTCHNIK VS. SNYDER, ET AL, CASE NO. 99-3084-CIV- SEITZ" AND RELATED CLAIM UNDER SECTION 70.001, FLORIDA STATUTES, FOR AN AMOUNT NOT TO EXCEED $650,000; AUTHORIZING THE ACCEPTANCE OF CERTAIN REAL PROPERTY AS PART OF THE SETTLEMENT; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE ALL DOCUMENTS AND TAKE ALL ACTION NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS OF THE SETTLEMENT; AND PROVIDING AN EFFECTIVE DATE. Mr. Soroka provided a revised resolution to the Commission. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Cohen. An amendment to include general releases for all parties to the lawsuit was offered by Commissioner Berger, seconded by Commissioner Rogers-Libert and unanimously passed. An amendment was offered by Vice Mayor Beskin, seconded by Commissioner Rogers- Libert and unanimously passed to strike the last sentence of section 2. An amendment was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed to provide in Section 1 (D) the wording "a Warranty Deed from Marian Mutchnik and a Trustee's Deed from Ruth Present, Trustee." The motion for approval, as amended, passed unanimously and Resolution No. 2000-73 was adopted. 8. PUBLIC HEARING: ORDINANCES - FIRST READING: A. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE OF THE CITY OF AVENTURA BY CREATING SECTION 48-20 "PROHIBITION OF RIGHT-OF-WAY VENDORS AND SOLICITORS ON CERTAIN ROADS" OF ARTICLE II "USE OF RIGHT- OF-WAY; PARKING; OTHER REGULATIONS" OF CHAPTER 48 "VEHICLES; USE OF RIGHT-OF-WAY; PARKING; AND OTHER REGULATIONS;" PROHIBITING RIGHT-OF-WAY VENDORS AND SOLICITORS ON CERTAIN STREETS IN THE CITY; CREATING A DEFINITION FOR THE TERM "RIGHT-OF-WAY VENDOR AND SOLICITOR;" PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. 6 A motion for approval was offered by Commissioner Perlow 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 6-1, by roll call vote, with Vice Mayor Beskin voting no. B. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA APPROVING AN AGREEMENT FOR EXCHANGE OF PARCELS BETWEEN THE CITY OF AVENTURA AND CONCORDE CENTRE II ASSOCIATES; AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE THE AGREEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN 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. 10. PUBLIC HEARING: ORDINANCES - SECOND 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 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. 2000-27 was enacted. 11. RESOLUTIONS: Mr. Weiss read the following resolution by title: 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA ACCEPTING THE PROPOSAL OF BANK OF AMERICA, N.A. TO PROVIDE THE CITY WITH A LOAN IN THE AGGREGATE PRINCIPAL AMOUNT OF $6,555,000 TO FUND THE COSTS OF VARIOUS CAPITAL ACQUISITIONS AND IMPROVEMENTS RELATING TO PARKS, RECREATION AND COMMUNITY CENTERS WITHIN THE CITY; APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF, A LOAN AGREEMENT INCLUDING A REVENUE NOTE ATTACHED THERETO WITH SAID BANK IN ORDER TO EVIDENCE SAID LOAN; AUTHORIZING THE REPAYMENT OF THE NOTE UNDER THE LOAN AGREEMENT ONLY FROM NON-AD VALOREM FUNDS APPROPRIATED FOR SUCH PURPOSE; DELEGATING CERTAIN AUTHORITY TO THE CITY MANAGER AND CITY CLERK; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Perlow. Harry Kilgore, Director of Finance Support Services, advised the Commission that the interest rate will be 5.04%. An amendment was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Beskin and unanimously passed to amend the resolution to include the interest rate of 5.04%. The motion for approval, as amended, unanimously passed and Resolution No. 2000-74 was adopted. 12.OTHER BUSINESS: None. 13.PUBLIC COMMENTS: Art Grossman, Country Club Drive. 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/~!he meeting adjourned at 9:45 p.m. ,// Ter(J&a M. So[oka, ~MCt C~ty Clerk Approved by the Commission on January 2, 2001. 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, 8