03-03-1998 Council Meeting
MINUTES
CITY COUNCIL MEETING
TUESDAY, MARCH 3, 19986:00 P.M.
Columbia Aventura Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Vice Mayor Jay R. Beskin. Present were Council members Arthur Berger, Ken
Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor
Beskin, Mayor Arthur I. Snyder (arrived at 6:15 p.m.), City Manager Eric M. Soroka,
City Clerk Teresa M. Smith, and City Attorney Richard Jay Weiss. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Mr. Erickson led the pledge of allegiance.
3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M.
Ex-parte communications by Council, if any, were disclosed and filed with the City
Clerk in accordance with Ordinance 96-09. All witnesses giving testimony in this
hearing were sworn in by the City Clerk.
A. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA MODIFYING A PREVIOUS RESOLUTION
WHICH GRANTED A USE VARIANCE AND TWO (2) NON-USE
VARIANCES TO AVENTURA'S FINEST HAND CAR WASH, INC. FOR
PROPERTY LOCATED AT 2890 NE 187 STREET; PROVIDING FOR AN
EXTENSION OF CONDITION 4E REQUIRING THE INSTALLATION OF
THE DEPARTMENT OF ENVIRONMENTAL RESOURCES
MANAGEMENT (DERM) REQUIRED IMPROVEMENTS WITHIN 180
DAYS OF THE INITIAL RESOLUTION; PROVIDING AN EFFECTIVE
DATE.
Mr. Soroka explained the request of the applicant. Vice Mayor Beskin opened the
public hearing. The following individual addressed Council: Michael Snyder, Esq.,
20803 Biscayne Boulevard, representing the applicant. There being no further
speakers, the public hearing was closed. A motion for approval was offered by
Council member Perlow and seconded by Councilmember Rogers-Libert. The
motion for approval passed 4-2, with Council members Rogers-Libert, Holzberg,
Perlow and Vice Mayor Beskin voting yes and Councilmembers Berger and Cohen
voting no. Resolution No. 98-24 was adopted.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the February 17,
1998 Council Meeting and February 20, 1998 Workshop Meeting was offered by
Council member Berger and seconded by Council member Cohen. A motion to
amend item 7.G. of the February 17, 1998 minutes to provide that Councilmember
Perlow suggested the City Manager inquire as to Miami-Dade County's utilization of
a similar program and its feasibility for implementation by the City was offered by
Councilmember Rogers-Libert, seconded by Council member Perlow and
unanimously passed. The motion for approval, as amended, passed unanimously.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None
6. SPECIAL PRESENTATIONS: None.
7. CONSENT AGENDA: Councilmember Holzberg requested removal of item 7.C.
from the Consent Agenda.
A motion to approve the Consent Agenda was offered by Council member Rogers-
Libert, seconded by Council member Cohen, unanimously passed and the following
action was taken:
A. Mr. Weiss read the following ordinance by title which was passed on first
reading:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-25, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 1997/98 FISCAL YEAR
BY REVISING THE 1997/98 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
B. Resolution No. 98-25 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, SELECTING CAP. ENGINEERING
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CONSULTANTS INC. TO PERFORM BUILDING, PUBLIC WORKS AND
ENGINEERING INSPECTION AND PLAN REVIEW SERVICES;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS
AND FEES FOR SAID WORK; AND PROVIDING AN EFFECTIVE
DATE.
The following item was removed from the Consent Agenda and addressed
separately:
C. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE
ATTACHED CHANGE ORDER FOR BID NO. 97-9-30-2, AVENTURA
BOULEVARD STREETSCAPE AND BISCAYNE BOULEVARD
NORTHERN MEDIAN, BY AND BETWEEN THE CITY AND VILA & SON
LANDSCAPING CORPORATION; 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 Vice Mayor Beskin, seconded by
Councilmember Rogers-Libert, unanimously passed and Resolution No. 98-26 was
adopted.
8. PUBLIC HEARINGS: ORDINANCES - FIRST READING
Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
EXTENDING THE DURATION OF THE EXISTING BUILDING
MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND
DEVELOPMENT PERMITS WITHIN THE MARINA AREA AND THE
HOSPITAL AREA, AS PREVIOUSLY IMPOSED PURSUANT TO
ORDINANCE NO. 97-22 OF THE CITY OF AVENTURA; BY AMENDING
SECTION 8 "TERM" OF ORDINANCE NO. 97-22 TO PROVIDE FOR
EXTENSION OF SUCH MORATORIUM, SO AS TO ENABLE CITY'S
COMPREHENSIVE PLAN TO BE COMPLETED AND IMPLEMENTED;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
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 Councilmember Cohen. A motion to amend the ordinance to provide
that the term of the moratorium be until November 1, 1998 was offered by
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Councilmember Perlow, seconded by Councilmember Rogers-Libert and
unanimously approved. The motion for approval, as amended, was unanimously
passed by roll call vote.
9. PUBLIC HEARINGS: - ORDINANCES - SECOND READING
Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-25, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 1997/98 FISCAL YEAR
BY REVISING THE 1997/98 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. A motion for approval was offered by Councilmember Rogers-
Libert, seconded by Councilmember Cohen, unanimously passed by roll call vote
and Ordinance No. 98-07 was enacted.
10. OTHER BUSINESS:
A. REPORT ON CHABAD HOUSE OF NORTH DADE (City Manager). Mr.
Soroka updated Council as to the progress of this project and discussion
ensued.
B. REPORT AND POSSIBLE ACTION RE: NON-RESIDENT FEE POLICY
FOR AVENTURA FOUNDERS PARK (City Manager) Mr. Soroka
presented recommendations to Council as requested conceming
amendment of the current ordinance as to fees imposed for non-residents
for use of Founders Park. A motion to approve policy 3.A as presented by
the Manager with the inclusion of guardhouses was offered by
Councilmember Rogers-Libert and seconded by Vice Mayor Beskin. The
motion passed 4-3, with Council members Cohen, Rogers-Libert, Holzberg
and Vice Mayor Beskin voting yes and Councilmembers Berger, Perlow
and Mayor Snyder voting no.
11. REPORTS: As submitted.
A motion was made, seconded and passed to direct the City Attomey to review the
issue of Council regulating tattoo parlors.
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12.PUBLlC COMMENTS: The following individuals addressed Council: Leonard
Geller, Commodore Plaza; Lionel Socolov, Mystic Point; Edith Lehrman, Del Prado
Apartments; Marian Nesbitt, 20185 W. Country Club Drive; Ann Shear, Admirals
Port; Joy Greenberg, Admirals Port; Ginger Grossman, W. Country Club Drive; and
Sydell Schwartz, Waterview.
Staff was directed to prepare a resolution urging the Miami-Dade County School
Board to continue funding educational classes for senior citizens as have been
conducted in past years at various condominiums within the City.
13.ADJOURNMENT. There being no further business to come before Council at this
time, after motion made, seconded and unanimously passed, the meeting adjourned
at 7:45 p.m.
resa M. Smith, CMC, City Clerk
Approved by Council on March 17, 1998.
Anyone wishing to appeal any decision made by the City Council 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 ofthe proceedings is made, which record includes the testimony and evidence upon which
the appeal is to be based.
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