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05-20-1997 Council Meeting MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA TUESDAY, MAY 20, '1997 7 P.M. COLUMBIA AVENTURA MEDICAL ARTS BUILDING 2'1'1'10 BISCAYNE BOULEVARD SUITE 10'1 AVENTURA, FLORIDA '1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 7 p.m. by Mayor Snyder. Present were Councilmembers 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. Smith, and City Attorney Richard Jay Weiss. Councilmember Arthur Berger was absent. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Mrs. Crook led the pledge of allegiance. 3. APPROVAL OF MINUTES: A motion to approve the minutes of the April 30, '1997 Workshop Meeting, the May 5, '1997 Workshop Meeting and the May 6, '1997 Council Meeting was offered by Councilmember Rogers-Libert and seconded by Councilmember Cohen, with the following amendments: April 30, '1997 Workshop Meeting - correct spelling of Turnberry and note in Section '1 that Council requested letter height restrictions in all sections; Item 7.A. of the May 6, '1997 Council meeting to provide that the amendment passed unanimously and the motion for approval passed 6-'1. The motion passed unanimously and the minutes were approved as amended. 4. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: Councilmember Beskin requested removal of Items 6.A. and 6.C. from the Consent Agenda. $. SPECIAL PRESENTATIONS: Certificates of Appointment to the Planning Advisory Board were presented to Harry Crook and Schelly Strauss. 6. CONSENT AGENDA: Mr. Weiss read the title to Agenda Items 6. B. and 6.D. A motion for approval was offered by Vice Mayor Perlow, seconded by Councilmember Rogers-Libert and unanimously passed by roll call vote. Thus the following ordinances were approved on first reading: B. AN ORDINANCE OF THE CITY OF AVFNTURA, FLORIDA; ADOPTING ORDINANCE CONCERNING ZONING PURSUANT TO SECTION 8.03 OF THE CITY CHARTER, AMENDING METROPOLITAN DADE COUNTY ZONING CODE AS APPLICABLE TO CITY OF AVENTURA; PROVIDING FOR PUBMC HEARINGS AND NOTICE OF PUBLIC HEARINGS; PROVIDING FOR REPEAL AND REPLACEMENT OF SECTION 33- 310 OF THE METROPOLITAN DADE COUNTY ZONING CODE CONCERNING PUBLIC HEARINGS; SUBSTITUTING CITY COUNCIL AND DESIGNATED CITY OFFICIALS FOR COUNTY AGENCIES AND OFFICIALS, PROVIDING FOR AUTHORITY FOR REVIEW OF PUBMC HEARING APPMCATIONS, ZONING VARIANCES, SPECIAL EXCEPTIONS AND OTHER QUASI~JUDICIAL ACTION WITHIN THE SCOPE OF CHAPTER 33 "ZONING" OF THE COUNTY CODE AS MADE APPLICABLE TO THE CITY; PROVIDING FOR REPEAL OF ZONING AND PLANNING TRANSITIONAL ORDINANCE, DESIGNATED AS ORDINANCE NO 96~)8 UPON THE SAME SUBJECT MATTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS CLAUSE AND RATIFICATION OF PRIOR ADMINISTRATIVE ACTION; PROVIDING FOR AN EFFECTIVE DATE. D. 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 Mr. Weiss read the title to the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING PROCEDURES FOR CONDUCTING SPECIAL EVENTS WITHIN THE CITY; ESTABLISHING AN APPLICATION PROCESS; ESTABLISHING CRITERIA FOR APPROVING SPECIAL EVENTS HELD WITHIN THE CITY AS CONTAINED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL SPECIAL EVENT AGREEMENTS ON BEHALF OF THE CITY; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. An amendment was offered by Vice Mayor Perlow and seconded by Councilmember Rogers-Libert as follows: Section C. of the fee structure to read "up to" 15%; Section D of the fee structure to provide for an administrative service cost of up to 25%; include a provision that sufficient public notice be given for all events to be held in City parks; and Section 10 to provide that copies of all licenses and insurance schedules be furnished to the City for each event. The amendment passed unanimously. A motion for approval was offered by Vice Mayor Perlow, seconded by Councilmember Rogers-Libert, unanimously passed by roll call vote and Resolution No. 97-34 was adopted. C. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR AND ADOPTING A FEE SCHEDULE FOR DEVELOPMENT REVIEW, PLANNING AND ZONING APPLICATIONS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Snyder opened the public hearing and there being no speakers, the public hearing was closed. A motion for approval was offered by Councilmember Rogers-Libert and seconded by Councilmember Holzberg. An amendment was offered by Councilmember Beskin and seconded by Councilmember Rogers-Libert that the fee for variances for signs in existence on the effective date of the Sign Ordinance be reduced to $350. The amendment passed, 5-1, with Vice Mayor Perlow voting no. The motion for approval passed unanimously, and Resolution No. 97-35 was adopted. 7. PUBLIC HEARINGS: ORDINANCES - SECOND READING - None 8. RESOLUTIONS: None 9. OTHER BUSINESS: A. PROGRESS REPORT: STATUS OF PROPOSED SIGN ORDINANCE Mr. Soroka noted the issues yet to be resolved in finalizing this ordinance. Community Development Director Jaye Epstein presented Staff's recommendations for resolution of those issues. The following individuals spoke relative to this ordinance: Lionel Socolov, 3530 Mystic Point Drive; George Feller, Admirals Port; Dave Siegel, Promenade Shops; Robert Jordan, Commodore Plaza; David Romanick, Gulfstream Racetrack; and Joel Gustafson, Esq., Holland and Knight. The following action was taken regarding the revisions as proposed by Staff: Recommendation #1 - A motion was offered by Councilmember Cohen and seconded by Vice Mayor Perlow to increase the overall wall sign size referred to in Section 7.b. to 1% sq. ft. per lineal ft. with no reference to setback. The motion failed, 1-5, with Mayor Snyder voting yes. A motion to approve recommendation #2 was offered by Vice Mayor Perlow, seconded by Councilmember Rogers-Libert and unanimously passed. The City Attorney was directed to research Florida State Statutes relative to recommendation #6. At this time, this matter was deferred until later in the agenda. B. DISCUSSION AND POSSIBLE MOTION TO CHANGE THE TIME FOR COUNCIL MEETINGS (Mayor Snyder) This item was removed from the agenda by Mayor Snyder. 10. REPORTS: Mr. Weiss advised Council of an investigation by the State Attorney's Office into a possible violation of the Sunshine Law by members of the Planning Advisory Board. A motion was offered by Councilmember Cohen and seconded by Vice Mayor Perlow to declare this an emergency and place it for discussion on the agenda. The motion passed unanimously. After extensive discussion by Council, a motion was offered by Vice Mayor Perlow and seconded by Councilmember Rogers- Libert to direct staff to request, in writing, the resignation of all members of the Planning Advisory Board, including detailed explanation to the two newly-appointed members who have not yet participated on this Board, and to provide alternatives for discussion by Council at the June 3, 1997 meeting as to the future of this Board. The motion passed unanimously by roll call vote. A motion was offered by 4 Councilmember Rogers-Libert, seconded by Councilmember Cohen and unanimously passed that the Planning Advisory Board meeting scheduled for May 28, 1997 be cancelled. 11.PUBLIC COMMENTS: The following members of the public addressed Council: Ginger Grossman, 20100 W. Country Club Drive; Emil Hubschman, Aventura Chamber of Commerce; Robert Jordan; and Lionel Socolov. Discussion resumed as to the proposed Sign Ordinance: (Mayor Snyder left the meeting at this time - 10:05 p.m. and Vice Mayor Perlow assumed the chair.) As to Staff recommendation #3 - a motion for approval was offered by Councilmember Rogers-Libert, seconded by Councilmember Holzberg and unanimously passed, 4-0. Councilmember Beskin was not present for the vote. As to Staff recommendation #4, a motion for approval was offered by Councilmember Rogers~Libert, seconded by Councilmember Holzberg and unanimously passed, 5-0. As to Staff recommendation #5: Section 6b) - a motion for approval was offered by Councilmember Rogers-Libert, seconded by Councilmember Holzberg and passed unanimously, 5-0. Section 7c) - a motion for approval was offered by Councilmember Rogers-Libert, seconded by Councilmember Cohen and unanimously passed. Section 7e) A motion to provide for the letter height at a maximum of 4" was offered by Councilmember Rogers-Libert, seconded by Councilmember Holzberg and unanimously passed. A motion was offered by Councilmember Beskin and seconded by Councilmember Cohen to reconsider the action taken as to Staff recommendation #5. The motion failed, with Vice Mayor Perlow, Councilmember Beskin and Councilmember Cohen voting yes and Councilmembers Rogers-Libert and Holzberg voting no. It was the consensus of Council to address letter height again at second reading. As to Staff recommendation #7 - A motion was offered by Councilmember Rogers- Libert, seconded by Councilmember Holzberg and unanimously passed to table this recommendation and direct Staff to further research this matter. As to Staff recommendation #8 - A motion for approval was offered by Councilmember Rogers-Libert, seconded by Councilmember Cohen and unanimously passed. It was the consensus of Council to address the issue of amortization at second reading. 12.ADJOURNMENT. There being no further business to come before Council at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 10:45 p.m. Teresa M. Smith, CMC, City Clerk Approved by Council on June 3, 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.