06-03-1997 Council Meeting MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, JUNE 3, '1997 6 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 6 p.m. by
Mayor Arthur I. Snyder. Present were Councilmembers Arthur Berger, 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 Attorneys Stephen J. Helfman and Richard Jay Weiss. As a quorum wes
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Joyce Berger led the pledge of allegiance.
3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M.
Mayor Snyder relinquished the chair to Vice Mayor Perlow. Mr. Helfman noted that
the following zoning hearings were quasi-judicial in nature and ex parte
communications made by Council were disclosed and appropriately filed in writing
with the City Clerk in accordance with Ordinance No. 96-09.
A. APPLICANT: AVENTURA COMMONS, LTD.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA GRANTING
SPECIAL EXCEPTION APPROVAL FOR
PROPERTY LOCATED ON THE EAST SIDE OF
BISCAYNE BOULEVARD BETWEEN NE 210
STREET AND NE 213 STREET TO PERMIT A
SECOND COCKTAIL LOUNGE IN A RESTAURANT
WITHIN A SHOPPING CENTER WHERE ONE (1)
COCKTAIL LOUNGE WITHIN A RESTAURANT IS
ALLOWED IN A SHOPPING CENTER AND, WHICH
SECOND RESTAURANT IS LOCATED WITHIN $00
FEET OF A PLACE OF WORSHIP; PROVIDING AN
EFFECTIVE DATE.
Vice Mayor Perlow opened the public hearing. Jeffrey Bercow, Esq., 200 S.
Biscayne Boulevard, Miami, addressed Council and requested a deferral of this
application until July 1, 1997. There being no further speakers, the public hearing
was closed. A motion to defer this item until July 1, 1997 was offered by
Councilmember Rogers-Libert, seconded by Councilmember Berger and
unanimously passed.
B. APPLICANT: TRAFALGAR ASSOCIATES OF AVENTURA, LTD.
Mr. Helfman read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA; AMENDING A
PREVIOUSLY RECORDED DECLARATION OF
RESTRICTIVE COVENANTS, AS RECORDED IN
THE PUBLIC RECORDS OF DADE COUNTY
(beginning at O.R. 17128 P. 521), AMENDING
PREVIOUSLY APPROVED ZONING RESOLUTIONS
Z-86-95, AS APPROVED BY THE DADE COUNTY
COMMISSION; PROVIDING AN EFFECTIVE DATE.
Vice Mayor Perlow opened the public hearing. All individuals wishing to testify
relative to this matter ware sworn in by the City Clerk. The following individuals
addressed Council: Jeffrey Bercow, Esq., David Ettman, CCL Consultants, Enrique
Cuellar, Dade County Environmental Resources Management, Lionel Socolov, 3530
Mystic Point Drive; Richard Rosen, 3610 Yacht Club Drive; Shirley Silver, Biscaya 4;
Herman Wax, Waterview I; Sandra Wax, Waterview I; Ralph Zakar, 3600 Yacht Club
Drive; and Jaye Epstein, Community Development Director. There being no further
speakers, the public hearing was closed. A motion to amend the resolution to
provide for an amendment to the Declaration of Restrictive Covenants that the
conservation area shall not be filled, altered or developed without the City's approval
was offered by Councilmember Beskin, seconded by Councilmember Holzberg and
unanimously passed. A motion was offered by Councilmember Rogers-Libert and
seconded by Councilmember Hotzberg to approve the resolution as amended, with
the condition that if a recommendation of denial is provided by the Department of
Environmental Resources Management, the Resolution would be void. The motion
passed unanimously and Resolution No. 97-36 was adopted.
6. SPECIAL PRESENTATIONS:
Representative Sally Heyman addressed Council relative to funding sources for the
Police Department and specifically requested that Council enact an ordinance
relative to court costs revenue with funds to be utilized for training for the Police
Department.
Darlene French White, on behalf of the Tobacco Free Florida Coalition, addressed
Council. She introduced members Darla Worley, Andy Cudihe, Dottle Powers,
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Sylvia Hernandez, and Rita Zemlock. Ms. VVhite presented Council with a Plaque of
Appreciation, with special thanks to Councilmember Berger for his participation in
these efforts.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the May 20, 1997
Council meeting was offered by Councilmember Rogers-Libert, seconded by
Councilmember Holzberg and unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None
6. CONSENT AGENDA: A motion for approval was offered by Councilmember
Rogers-Libert, seconded by Councilmember Beskin and unanimously passed, thus
the following action was taken:
A. Resolution No. 97-37 was adopted:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA AWARDING A
CONTRACT FOR RFP NO. 97-3-5-2 FOR A
COMPREHENSIVE MUNICIPAL INFORMATION
SYSTEM TO H.T.E., INC.; AUTHORIZING THE CITY
MANAGER TO EXECUTE ASSOCIATED
CONTRACTS; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS
FOR SAID CONTRACT; AND PROVIDING FOR AN
EFFECTIVE DATE.
B. Resolution No. 97-38 was adopted:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, ADJUSTING THE
1996197 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 RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
11. REPORTS:
CITY ATTORNEY:
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A. PLANNING ADVISORY BOARD
Mr. Weiss advised Council that the following members of the Planning Advisory
Board had submitted resignations to the City Clerk: Leonard Brenner, Roy Cohen,
Jan Brooks, and Schelly Strauss. Board member Alvin Epstein addressed Council
and submitted his resignation. Mr. $oroka noted that Mrs. Nesbitt had submitted a
resignation conditioned upon the resignation of all other members of the Board. Irv
Schwartz spoke relative to this matter. Councilmember Cohen moved, and
Councilmember Beskin seconded, that Council accept the resignations of Roy
Cohen, Leonard Brenner, Jan Brooks, Schelly Strauss and Alvin Epstein and that if
the remaining Board members Marian Nesbitt and Harry Crook do not submit their
resignations prior to July 1, 1997, this matter will be placed on the July 1, 1997
Council agenda for further discussion. The motion passed unanimously.
Council recessed for five minutes. Mayor Snyder left the meeting at this time due to
illness.
3. C. FLORIDA DEPARTMENT OF TRANSPORTATION
PRESENTATION REGARDING NON-CONFORMING
USE CAUSED BY WIDENING OF BISCAYNE
BOULEVARD
Debra Herman, Esq. and Raul Perez, representatives of the Florida Department of
Transportation, addressed Council relative to the Biscayne Boulevard widening
project. Steve Pappas and Art Grossman spoke relative to this issue. It was the
consensus of Council to place this matter on a workshop meeting for further
discussion.
12. PUBLIC HEARINGS: ORDINANCES-SECOND READING
A. Mr. Weiss read the following ordinance by title:
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
PUBLIC HEARINGS AND NOTICE OF PUBEC
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
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AGENCIES AND OFFICIALS, PROVIDING FOR
AUTHORITY FOR REVIEW OF PUBLIC HEARING
APPLICATIONS, 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 96-08 UPON THE SAME
SUBJECT MATTER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SAVINGS
CLAUSE AND RATIFICATION OF PRIOR
ADMINISTRATIVE ACTION; PROVIDING FOR AN
EFFECTIVE DATE.
Vice Mayor Perlow opened the public hearing. Jeff Bercow, Esq., and George
Berlin, 1940 NE 194th Drive, addressed Council. There being no further speakers,
the public hearing was closed. A motion for approval was offered by
Councilmember Beskin, seconded by Councilmember Cohen, unanimously passed
by roll call vote and Ordinance No. 97-18 was enacted.
B. 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
Vice Mayor Perlow 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. 97-16 was enacted.
C. 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
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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.
Vice Mayor Perlow opened the public hearing. The following individuals addressed
Council relative to this ordinance: Dave Siegel, Promenade Shops; Dave Pappas,
property owner; Phil Ward, 2525 SW 3rd Avenue; Judith Burke, Esq., 201 Biscayne
Boulevard; Jeff Berkowitz, 2665 South Bayshore Drive; Jeff Bercow, Esq., Jerry
Knight, ~1 E. Broward Blvd; Samuel Lewis, Esq, Romanick, et al; Robert Jordan,
Commodore Plaza; and Art Grossman. There being no further speakers, the public
hearing was closed. A motion to approve the ordinance as amended subsequent to
first reading was offered by Councilmember Beskin, and seconded by
Councilmember Cohen. Mr. Soroka advised Council of certain technical
amendments to be made to the proposed ordinance. An amendment to include the
technical/scrivener's changes was offered by Councilmember Rogers-Libert,
seconded by Councilmember Cohen and unanimously passed by roll call vote. An
amendment was offered by Councilmember RoGers-Libert and seconded by Vice
Mayor Perlow to amend the amortization schedule to provide a 3 year amortization
for pole and pylon signs and 5 year amortization for wall signs. The motion failed, 2-
4, with Councilmember RoGers-Libert and Vice Mayor Perlow voting yes and
Councilmembers Cohen, HolzberG, Beskin and Berger voting no. An amendment to
Section 7.b. was offered by Councilmember Berger and seconded by
Councilmember HolzberG to provide as follows: 1 sq ft. for each '1 lineal ft. of Tenant
Frontage for each sign located within 300' from the public street on which the
building or Multi-tenant Center is located and ~ .5 sq. ft. for each lineal ft. of Tenant
Frontage for each sign located more than 300' from the public street on which the
building or Multi-tenant Center is located. The amendment passed, 4-2, with
Councilmembers BerGer, Holzberg, Rogers-Libert and Vice Mayor Perlow voting yes
and Councilmembers Cohen and Beskin voting no. An amendment was offered by
Councilmember Rogers-Libert, seconded by Councilmember Cohen and
unanimously passed by roll call vote that if, because of governmental action, a sign
that is otherwise nonconforming has to be relocated, it would be amortized
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according to the schedule for its original location. An amendment was offered by
Councilmember Beskin, seconded by Councilmember Rogers-Libert and
unanimously passed that Section 8.b. include at the end of the length of display in
non-residential districts "or in the case of property for lease - within 5 days after all
property is leased." An amendment was offered by Councilmember Perlow and
seconded by Councilmember Beskin to remove specifics as to all letter heights
except those pertaining to awnings. The motion passed, 4-2, with Councilmembers
Beskin, Cohen, Berger and Vice Mayor Perlow voting yes and Councilmembers
Rogers-Libert and Holzberg voting no. The motion for approval was unanimously
passed by roll call vote and Ordinance No. 97-17 was enacted.
6. RESOLUTIONS: None
7, OTHER BUSlNESS: None
8. REPORTS:
CITY ATTORNEY:
B. AUTHORITY TO PROHIBIT OR REGULATE LIVE-ABOARD VESSELS
Donald Brody, Williams Island, addressed Council as to this matter. After
discussion, the City Attorney was directed to provide further information to Council
prior to drafting legislation regulating live-aboard vessels.
9. PUBLIC COMMENTS: The following members of the public addressed Council:
Donald Brody, (provide signage on E. Dixie Highway); and Robert Jordan.
Mr. Soroka announced that a public hearing to address the proposed Capital
Improvement Project has been scheduled for June 24, 1997 at 7 p.m.
10. 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 July 1, 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 oftbe proceedings and, for such purpose, may need to ensurethat a
verbatim record of the proceedings if made, which record includes the testimony and evidence upon which
the appeal is to be based,
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