08-05-1997 Council Meeting MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, AUGUST 5, 1997 6:00 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 Jeffrey M. Perlow. Present ware Councilmembers Arthur Berger, Jay R.
Beskin, Ken Cohen, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Jeffrey M.
Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City
Attorneys Stephen J. Helfman and David M. Wolpin. Mayor Snyder was absent. As
a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: George Berlin led the pledge of allegiance.
3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M.
Vice Mayor Perlow 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 MALL VENTURE
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA GRANTING A
SIGN VARIANCE FOR TEMPORARY SIGNS TO
ANNOUNCE FUTURE TENANTS AT THE
AVENTURA MALL LOCATED AT 19501 BISCAYNE
BOULEVARD; AND PROVIDING AN EFFECTIVE
DATE.
Vice Mayor Perlow opened the public hearing. All witnesses giving testimony were
sworn in by the City Clerk. The following individuals addressed Council: Jaye
Epstein, Community Development Director; Phil Ward, 2525 SW 3rd Avenue;
George Berlin, Turnberry and Associates; Donald Brody, Williams Island; and Lionel
$ocolov, 3530 Mystic Point Drive. There being no further speakers, the public
hearing was closed. A motion for approval was offered by Councilmember Cohen,
and seconded by Councilmember Holzberg. An amendment was offered by
Councilmember Berger and seconded by Councilmember Holzberg that the signs be
removed upon the issuance of the Certificate of Occupancy or six months from the
date of adoption of the Resolution, whichever shall occur first. The amendment
passed unanimously. An amendment was offered by Councilmember Rogers-Libert
and seconded by Councilmember Cohen to amend the third Whereas clause to add
"due to the substantial and unique nature of its expansion". The amendment passed
5-1, with Councilmember Beskin voting no. The motion for approval, as amended,
passed 5-1, by roll call vote, with Councilmember Beskin voting no, and Resolution
No. 97-47 was adopted.
B. APPLICANT: AVENTURA'S FINEST HAND CAR WASH, INC.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA DENYING A USE
VARIANCE FOR PROPERTY LOCATED AT 2890
NE 187TM STREET TO PERMIT AN OUTSIDE CAR
WASH IN A PARKING LOT; DENYING A NON-USE
VARIANCE TO WAIVE EIGHTEEN FEET (18') OF
THE MINIMUM REQUIRED TWENTY FOOT
SETBACK BETWEEN BUILDINGS WHERE A
PROVISION OF TWO FOOT (2') SETBACK
BETWEEN BUILDINGS IS PROPOSED; DENYING
A NON-USE VARIANCE TO WAIVE THIRTY-FIVE
(35) OF THE MINIMUM REQUIRED SIXTY-EIGHT
PARKING SPACES WHERE A PROVISION OF
THIRTY-THREE PARKING SPACES IS
PROPOSED; AND PROVIDING AN EFFECTIVE
DATE.
Vice Mayor Perlow opened the public hearing. All witnesses giving testimony ware
sworn in by the City Clerk. The following individuals addressed Council: Mr. Epstein;
Michael Snyder, Esq., 20803 Biscayne Blvd.; Robert Ellis, 2890 NE 187th Street;
Guillermo Freile, 19195 Mystic Point; Tommy Sanders, 125 - 6th Avenue; David
Arnovitz, 3700 Island Blvd; and Leonard Geller, Commodore Plaza. There being no
further speakers, the public hearing was closed. A motion to approve the application,
subject to the condition that the variance will expire when the property to the
immediate east is no longer utilized as a marina was offered by Councilmember
Beskin and seconded by Councilmember Holzberg. An amendment was offered by
Councilmember Cohen and seconded by Councilmember Rogers-Libert that the
owner of the business obtain a valid written lease from the owner of the property, to
be delivered to and filed with the City within 30 days from date hereof. The
amendment passed, 5-1, with Councilmember Beskin voting no. An amendment
was offered by Vice Mayor Perlow and seconded by Councilmember Holzberg that
the approval be personal to the applicant, Aventura's Finest Car Wash, that
landscaping be installed by the Applicants within 90 days, that DERM improvements
be completed by the Applicants within 180 days and that the maximum term of the
lease and variance shall be 5 years and 30 days. The amendment passed 4-2, with
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Councilmembers Beskin and Rogers-Libert voting no. The motion for approval, as
amended, passed unanimously and Resolution No. 97-48 was adopted.
The meeting recessed for 5 minutes at this time.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the July 1, 1997
Council Meeting was offered by Councilmember Rogers-Libert, seconded by
Councilmember Holzberg and unanimously passed. A motion to approve the
minutes of the July 7, 1997 Workshop Meeting was offered by Councilmember
Rogers-Libert, seconded by Councilmember Holzberg and unanimously passed. A
motion to approve the minutes of the July 21, 1997 Council Meeting, as corrected,
was offered by Councilmember Rogers-Libert, seconded by Councilmember
Holzberg and unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS:
Councilmember Rogers-Libert moved that items 10.A-B-C be moved to the Consent
Agenda. The motion was seconded by Councilmember Cohen and unanimously
passed. Councilmember Berger requested removal of Agenda Item 7.H. from the
Consent Agenda.
6. SPECIAL PRESENTATIONS: None
7. CONSENT AGENDA: Mr. Soroka explained each item on the Consent Agenda. A
motion for approval was offered by Councilmember Beskin, seconded by
Councilmember Cohen, and unanimously passed, thus the following action was
taken:
A. Mr. Wolpin read the following ordinance by title which was passed on first
reading:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA; ESTABLISHING A CODE OF ETHICS;
PROVIDING A PENALTY; PROVIDING FOR
SEVERABIMTY, INCLUSION IN THE CODE, AND
AN EFFECTIVE DATE.
B. Resolution No. 97-49 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF STUART SCHULMAN TO THE
CITY OF AVENTURA BEAUTIFICATION
ADVISORY BOARD IN ORDER TO FILL A
VACANCY; AND PROVIDING AN EFFECTIVE
DATE.
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C. Resolution No. 97-50 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, REQUESTING
THE BOARD OF COUNTY COMMISSIONERS OF
METROPOLITAN DADE COUNTY TO ABOLISH
AND DISCONTINUE THE "BISCAYNE LAKE
GARDENS STREET LIGHTING IMPROVEMENT
SPECIAL TAXING DISTRICT" AND THE
"AVENTURA JEWISH CENTER STREET LIGHTING
SPECIAL TAXING DISTRICT," TO ENABLE THE
CITY OF AVENTURA TO PROVIDE STREET
LIGHTING SERVICES WITHIN SUCH SPECIAL
TAXING DISTRICTS; AUTHORZING THE CITY
MANAGER TO TAKE ALL ACTION REASONABLY
NECESSARY TO IMPLEMENT THE PROVISIONS
OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
D. Resolution No. 97-51 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING
THE CITY MANAGER TO EXECUTE THE
ATTACHED WORK AUTHORIZATION NO.
15414.30 ENTITLED "USER FEE PROGRAM
PHASE II IMPLEMENTATION" FOR
PROFESSIONAL ENGINEERING SERVICES BY
AND BET~NEEN THE CITY OF AVENTURA AND
KEITH AND SCHNARS, P.A.; AND PROVIDING AN
EFFECTIVE DATE.
E. Mr. Wolpin read the following ordinance by title which was passed on first
reading:
AN ORDINANCE OF THE CITY OF AVENURA,
FLORIDA, ADOPTING ORDINANCE CONCERNING
ZONING; PROVIDING FOR ADOPTION OF POLICY
AND PROCEDURE CONCERNING NON-
CONFORMITIES CREATED BY GOVERNMENTAL
ACQUISITION OF PRIVATE PROPERTY;
PROVIDING FOR DEFINITIONS; PROVIDING
VARIANCE MECHANISM FOR CURE OF NON-
CONFORMITIES; PROVIDING FOR EXPEDITED
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PRELIMINARY REVIEW; REPLACING
PROVISIONS OF SECTION 33-35(E) OF
METROPOLITAN DADE COUNTY ZONING CODE
CONCERNING THE SAME SUBJECT MATTER;
PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
F. Resolution No. 97-52 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING
THE CITY MANAGER TO EXECUTE THE
ATTACHED WORK AUTHORIZATION NO.
15414.31 ENTITLED "AVENTURA FOUNDERS
PARK PREPARATION OF FINAL CONSTRUCTION
PLANS AND BID DOCUMENTS" BY AND
BETWEEN THE CITY OF AVENTURA AND KEITH
AND SCHNARS, P.A.; AND PROVIDING AN
EFFECTIVE DATE.
G. Resolution No. 97-53 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE
THE ATTACHED DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF AVENTURA AND
TRAFALGAR ASSOCIATES OF AVENTURA, LTD.,
CONCERNING ROAD AND DRAINAGE RIGHT-OF-
WAY AND IMPROVEMENTS; AND PROVIDING AN
EFFECTIVE DATE.
I. Resolution No. 97-54 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA ENDORSING
METROPOLITAN DADE COUNTY'S WAGES
COALITION; AND PROVIDING AN EFFECTIVE
DATE.
j. Resolution No. 97-55 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA ENDORSING THE
CANDIDACY OF NORTH MIAMI BEACH VICE
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MAYOR JOHN KURZMAN FOR THE POSITION OF
2ND VICE PRESIDENT OF THE FLORIDA LEAGUE
OF CITIES; AND PROVIDING AN EFFECTIVE
DATE.
K. Resolution No. 97-56 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA SUPPORTING
DADE COUNTY PUBLIC SCHOOLS AND CALLING
UPON THE STATE OF FLORIDA LEGISLATURE
TO HOLD A SPECIAL SESSION IN THE FALL OF
1997 TO DEVELOP AND PROVIDE THE
FLEXIBILITY NEEDED BY ALL SCHOOL BOARDS
IN THE STATE; AND PROVIDING AN EFFECTIVE
DATE.
H. (Removed from Consent Agenda)
MOTION TO AUTHORIZE THE CITY MANAGER TO
IMPLEMENT THE PROCESS TO SELECT AN
ARCHITECT FOR THE DESIGN OF GOVERNMENT
CENTER, POLICE, AND CULTURAL FACILITIES.
A motion for approval was offered by Councilmember Beskin, seconded by
Councilmember Rogers-Libert and unanimously passed.
8. PUBLIC HEARINGS: ORDINANCES- FIRST READING:
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, REPEALING ORDINANCE NO. 96-15;
PROVIDING THE TERMS AND CONDITIONS FOR
THE OPERATION OF CABLE TELEVISION
SYSTEMS AND THE APPLICATION,
PROCEDURES AND REQUIREMENTS RELATING
TO THE GRANT OF FRANCHISES FOR THE
CONSTRUCTION, INSTALLATION, OPERATION
AND MAINTENANCE OF CABLE TELEVISION
SYSTEMS, EQUIPMENT AND FACILITIES IN, ON,
ACROSS, ABOVE OR THAT IN ANY MANNER
WHATSOEVER USE THE CITY'S PUBLIC RIGHTS
OF WAYS AND TO ENSURE THAT USE OF THE
CITY'S PUBLIC RIGHTS OF WAYS IS IN THE
PUBLIC INTEREST AND IN CONFORMANCE WITH
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APPLICABLE LAW; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING A
SAVINGS CLAUSE AND EFFECTIVE DATE.
Vice Mayor Perlow opened the public hearing. The following individual addressed
Council: Ila Feld, Esq., Leibowitz & Associates. There being no further speakers,
the public headng was closed. A motion for approval was offered by Councilmember
Rogers-Libert and seconded by Councilmember Cohen. The motion passed
unanimously by roll call vote.
PUBLIC HEARINGS - ORDINANCES - SECOND READING:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING A STORMWATER
UTILITY SYSTEM FOR THE CITY; PROVIDING
FOR DEFINITIONS; MAKING CERTAIN FINDINGS
AND DETERMINATIONS; ESTABLISHING A
STORMWATER UTILITY FEE; ESTABLISHING A
METHOD AND PROCEDURE FOR THE
COLLECTION OF STORMWATER UTILITY FEES;
DIRECTING THE CITY MANAGER TO MAINTAIN
CERTAIN RECORDS; PROVIDING FOR REPEAL
OF CONFLICTING ORDINANCES; PROVIDING
FOR SEVERABILITY, INCLUSION IN THE CODE
AND AN EFFECTIVE DATE.
Vice Mayor Perlow opened the public hearing. Richard Ivers, Esq., representing
Gulfstream Racetrack, addressed Council. There being no further speakers, the
public hearing was closed. A motion for approval was offered by Councilmember
Beskin, seconded by Councilmember Rogers-Libert, unanimously passed by roll
call vote and Ordinance No. 97-18 was enacted.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CODE OF THE CITY
OF AVENTURA BY ADDING A NEW ORDINANCE
ENTITLED "FLOOD DAMAGE PREVENTION";
PROVIDING FOR STATUTORY AUTHORITY AND
LEGISLATIVE FINDINGS; PROVIDING AN INTENT
AND PURPOSE; PROVIDING OBJECTIVES;
PROVIDING DEFINITIONS; PROVIDING GENERAL
PROVISIONS; PROVIDING ADMINISTRATIVE
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PROCEDURES AND STANDARDS; PROVIDING
FOR FLOOD HAZARD REDUCTION; PROVIDING
FOR VARIANCES AND APPEALS; PROVIDING
FOR THE REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY;
INCLUSION IN THE CODE AND 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 Beskin, unanimously passed by roll call vote
and Ordinance No. 97-19 was enacted.
10. RESOLUTIONS: Moved to Consent Agenda.
11.OTHER BUSINESS: DISCUSSION AND POSSIBLE MOTION - BILLBOARDS.
Councilmember Berger requested that Council consider possible action in an effort
to amend state law which presently prohibits the removal of billboards without just
payment. Harry Crook, Commodore Plaza; Ruby Steiner, 20301 West Country
Club Drive; Mr. Brody; and George Feffer, Admirals Port, spoke to Council relative
to this matter. It was the consensus of Council to address this matter at the next
scheduled Workshop Meeting and authorized the City Attorney to research the
issue of federal funding relating thereto.
12. REPORTS: As submitted. The City Attorney requested the scheduling of an
Executive Session to discuss pending eminent domain action.
'I3. PUBLIC COMMENTS: The following individuals addressed Council: Mr. Steiner;
Dan Eichmann, 2780 NE 183 Street; Albert Zemlock, Del Vista; and Shirley Silver.
14. ADJOURNMENT. There being no further business to come before Council at this
time, after motion made, seconded and unanimously_passed, the meeting adjourned
at 9:40 p.m. /~
Teresa M. Smith, CMC, City Clerk
Approved by Council on September 2, 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, m ay need to ensure that 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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