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04-15-1997 Council Meeting MINUTES CITY COUNCIL MEETING CITY OF AVENTURa, FLORIDA TUESDAY, APRIL `15, `1997 7 P.M. COLUMBIA AVENTURA MEDICAL ARTS BUILDING 2'11 l0 BISCAYNE BOULEVARD SUITE `10`1 AVENTURA, FLORIDA 1. CALL TO ORDEI~/I~OLL CALL: The meeting was celled to order at 7 p.m. by Mayor Snyder. Present were Councilmembers Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Arthur Berger, Mayor Snyder, 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. Weiss led the pledge of allegiance. 3. APPROVAL OF MINUTES: A motion to approve the minutes of the April '1, '1997 Council Meeting wes offered by Councilmember Rogers-Libert and seconded by Councilmember Perlow. The motion passed unanimously and the minutes were approved as submitted. 4. AGENDA: REQUEST FOR. DELETIONS/EMERGENCY ADDITIONS: A motion to defer agenda item 7.B. for discussion at a future Workshop Meeting wes offered by Councilmember Rogers-Libert, seconded by Councilmember Perlow and unanimously passed. 5. ELECTION OF VICE MAYOR. A motion was offered by Councilmember Rogers- Libert, seconded by Councilmember Holzberg and unanimously passed that Councilmember Perlow be appointed Vice Mayor effective May 1, 1997. 6. SPECIAL PRESENTATIONS: None 7. CONSENT AGENDA: Vice Mayor Berger requested removal of agenda item 7.A. from the Consent Agenda. Mr. Weiss then read agenda items 7.C. and 7.D. by title. A motion to approve the Consent Agenda wes offered by Councilmember Beskin, seconded by Councilmember Rogers-Libert, and unanimously passed by roll call vote. Thus the following ordinances were approved on first reading: C. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-18, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1996/97 FISCAL YEAR BY REVISING THE 1996/97 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. D. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA DECLARING IT UNLAWFUL TO COMMIT ANY ACT THAT IS RECOGNIZED BY THE LAWS OF THE STATE OF FLORIDA AS A MISDEMEANOR WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. A. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL PLANNING SERVICES WITH IVEY, HARRIS & WALLS, INC. FOR COMPREHENSIVE PLANNING AND DRAFTING OF A LAND DEVELOPMENT CODE AS SET FORTH IN RFP NO. 97-1-31-2; AND PROVIDING AN EFFECTIVE DATE, A motion to approve the resolution was made by Councilmember Rogers-Libert, seconded by Councilmember Holzberg, unanimously passed and Resolution No. 97- 30 was adopted. 8. PUBLIC HEARINGS: ORDINANCES - FIRST READING A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING SIGN CODE REGULATIONS; PROVIDING FOR PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROHIBITED SIGNS; PROVIDING FOR REQUIRED SIGNS; PROVIDING FOR SIGNS NOT REQUIRING A PERMIT; PROVIDING FOR RESIDENTIAL DISTRICT PERMANENT SIGNS; PROVIDING FOR NON-RESIDENTIAL DISTRICT SIGNS; PROVIDING FOR TEMPORARY SIGNS; PROVIDING FOR SUPPLEMENTAL REGULATIONS; PROVIDING FOR SIGN PERMITS; PROVIDING FOR NON-CONFORMING SIGNS; PROVIDING FOR SIGN MAINTENANCE; PROVIDING FOR REMOVAL OF IMPROPER SIGNS; PROVIDING FOR REPLACEMENT OF SIGN CODE PROVISIONS PROVIDED BY METROPOLITAN DADE COUNTY CODE SECTIONS 33-82 TO 33-121.27; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. A motion to defer first reading of this ordinance to May 6, 1997 and address it at a Workshop Meeting prior to May 5, 1997 was offered by Councilmember Rogers-Libert, seconded by Vice Mayor Berger and passed 6-1, with Councilmember Beskin voting no. It was the consensus of Council to cancel the Workshop Meeting scheduled for May 5, 1997. 9. PUBLIC HEARINGS: ORDINANCES - SECOND READING A. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE OFFICIAL SEAL OF THE CITY; PROVIDING FOR SEVERABIMTY, PROVIDING FOR PENALTY; PROVIDING FOR INCLUSION IN THE CODE AND 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 Cohen, seconded by Councilmember Rogers-Libert, unanimously passed by roll call vote and Ordinance No. 97-11 was enacted. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING A PORTION OF THE SIGN CODE OF THE CITY OF AVENTURA, FLORIDA PROVIDING FOR THE REGULATION OF COMMERCIAL ADVERTISING SIGNS (INCLUDING BILLBOARDS); PROVIDING FOR DEFINITIONS; PROVIDING FOR PROHIBITION OF COMMERCIAL ADVERTISING SIGNS AS DEFINED HEREIN (INCLUDING BILLBOARDS); PROVIDING FOR AMORTIZATION AND REMOVAL OF NON- CONFORMING COMMERCIAL ADVERTISING SIGNS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABIMTY; PROVIDING FOR PENALTIES; PROVIDING FOR REPLACEMENT OF CERTAIN DADE COUNTY CLASS "C" SIGN REGULATIONS; PROVIDING FOR TERMINATION OF CLASS "C" SIGN MORATORIUM; PROVIDING FOR AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. There being no speakers, the pubic hearing was closed. A motion for approval was offered by Councilmember Beskin, seconded by Councilmember Rogers-Libert and unanimously passed by roll call vote, thus Ordinance No. 97-12 was enacted. 10. RESOLUTIONS: None 11. OTHER BUSINESS: A. MOTION TO DIRECT THE CITY ATTORNEY TO INVESTIGATE THE CITY'S ABILITY TO REGULATE MVE-ABOARD BOATS This motion was offered by Councilmember Beskin, seconded by Councilmember Rogers-Libert and unanimously passed. B. MOTION TO DIRECT THE CITY ATTORNEY TO INVESTIGATE THE CITY'S ABILITY TO REGULATE THE CONVERSION OF PROPERTY TO TIMESHARE The following speakers addressed Council on this motion: Ruby Steiner, 20301 West Country Club Drive; Stanley Price, Esq., 701 Brickell Avenue; and Lionel Socolov, 3530 Mystic Point Drive. This motion was offered by Councilmember Holzberg, seconded by Councilmember Rogers-Libert and unanimously passed by voice vote. 12. REPORTS 13. PUBLIC COMMENTS: The following members of the public addressed Council: Mr. Steiner; Mr. Socolov; Harry Crook, Commodore Plaza; and Irv Schwartz, Turnberry Townhomes. 4 Mayor Snyder announced that an Arbor Day celebration was planned for April 29, 1997 at 10 a.m. 14. ADJOURNMENT: There being no further business to come before Council at this time, after motion made, seconded and unanimously passed, the meeting adjourned at8 p.m. Teresa M. Smith, CMC, City Clerk Approved by Council on May 6, 1997. 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 of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 5