09-02-1997 Council Meeting MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, SEPTEMBER 2, 1997 7:00 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 7:00 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 Attorney Richard Jay Weiss. As a quorum was determined to be present,
the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Ginger Grossman led the pledge of allegiance.
3. APPROVAL OF MINUTES: A motion to approve the minutes of the July 30, 1997
Council Meeting and August 5, 1997 Council Meeting was offered by
Councilmember Rogers-Libert, and seconded by Councilmember Holzberg.
Councilmember Beskin requested that the minutes of August 5, 1997 be clarified to
reflect that item 7-H was removed from the Consent Agenda and addressed
separately. The motion for approval of the minutes, as amended, passed
unanimously.
4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCYADDITIONS: None
5. SPECIAL PRESENTATIONS: Mayor Snyder presented Stuart Schulman with a
Certificate of Appointment to the Beautification Advisory Board.
6. CONSENT AGENDA: Mr. Soroka explained each item on the Consent Agenda. A
motion for approval was offered by Councilmember Beskin, seconded by
Councilmember Rogers-Libert, and unanimously passed, thus the following action
was taken:
A. Resolution No. 97-57 wes adopted, as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, ENDORSING AND
SUPPORTING DESIGNATION OF AN HISTORIC
SITE AND CREATION OF A MUSEUM AND
MEMORIAL AT THE RICHMOND NAVAL AIR
STATION IN DADE COUNTY, FLORIDA; AND
PROVIDING AN EFFECTIVE DATE.
B. Resolution No. 97-58 was adopted, as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA AMENDING
RESOLUTION 96-39 WHICH PROVIDES A FEE
SCHEDULE FOR ENGINEERING AND PUBLIC
WORKS INSPECTION PERMIT AND REVIEW FEES
BY AMENDING SECTION A(16) OF SAID FEE
SCHEDULE ATTACHED THERETO AS EXHIBIT
"A"; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
7. PUBLIC HEARINGS: ORDINANCES - FIRST READING: Mr. Weiss read the
following ordinance, by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, (THE "CITY"), PROVIDING FOR A
BUILDING MORATORIUM ON ISSUANCE OF
DEVELOPMENT ORDERS AND DEVELOPMENT
PERMITS WITHIN THE MARINA AREA, WHICH
INCLUDES ALL INDUSTRIALLY ZONED (IU-1 AND
IU-2) PROPERTY, (EXCEPT FOR: THAT CERTAIN
INDUSTRIALLY ZONED PROPERTY LOCATED
NORTH OF NE 187TH STREET, WEST OF NE 29TH
AVENUE, SOUTH OF NE 191ST STREET, AND
EAST OF BISCAYNE BOULEVARD, AND THE
INDUSTRIALLY ZONED PORTIONS OF TRACTS
"D" AND "E" OF THE PLAT OF BISCAYNE
COMMERCIAL [PB 143, P 38]), AS DEPICTED ON
EXHIBIT "A", AND THE HOSPITAL AREA, WHICH
INCLUDES THE AREA BOUNDED ON THE NORTH
BY THE NORTHERN LINE OF THE CITY LIMITS, ON
THE SOUTH BY NE 203RD STREET/IVES DAIRY
ROAD, ON THE WEST BY THE WESTERN LINE OF
THE CITY LIMITS, AND ON THE EAST BY
BISCAYNE BOULEVARD RIGHT-OF-WAY, AS
DEPICTED ON EXHIBIT "B", WITHIN THE CITY OF
AVENTURA; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPLACEMENT OF MORATORIA
PROVISIONS OF SECTION 33-319, ET SEQ. OF THE
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METROPOLITAN DADE COUNTY CODE FOR THE
SPECIFIC MATTERS ADDRESSED HEREIN.
Mayor Snyder opened the public hearing. The following individuals addressed
Council: Stanley Price, Esq., 701 Brickell Avenue; Clifford Schulman, Esq., 1221
Brickell Avenue; Jeffrey Bercow, Esq., 200 S. Bisca,~ne Blvd.; Marian Mutchnik,
1905 NE 119th Road; Ralph Mutchnik, 1905 NE 119L'' Road; and Lionel Socolov,
3530 Mystic Point Drive. There being no further speakers, the public headng was
closed. A motion for approval was offered by Councilmember Rogers-Libert and
seconded by Councilmember Berger. The motion for approval passed unanimously
by roll call vote. Council requested that notice be provided to affected property
owners prior to second reading and Council be furnished with a list of pending
zoning applications relative to the subject property. The City Clerk announced
second reading of the ordinance for September 16, 1997 at 7 p.m.
The meeting recessed for five minutes at this time.
8. PUBLIC HEARINGS - ORDINANCES - SECOND READING:
A. Mr. Weiss 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 PUBMC 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
APPLICABLE LAW; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING A
SAVINGS CLAUSE AND 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 Beskin,
seconded by Councilmember Rogers-Libert, unanimously passed by roll call vote
and Ordinance No. 97-20 was enacted.
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B. Mr. Weiss read the following ordinance, by title:
AN ORDINANGE OF THE CITY OF AVENTURA,
FLORIDA; ESTABLISHING A CODE OF ETHICS;
PROVIDING A PENALTY; PROVIDING FOR
SEVERABILITY, 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 Rogers-
Libert, and seconded by Councilmember Berger. A motion to amend page 3 of the
ordinance to correct the spelling of the word "Board's" was offered by
Councilmember Berger, seconded by Councilmember Rogers-Libert and
unanimously passed. A motion to table the ordinance until later in the meeting for
determination by the City Attorney as to the method of enforcement was offered by
Councilmember Cohen, seconded by Councilmember Holzberg and unanimously
passed.
(Continued after item 8-C) After further discussion concerning enforcement, a
motion to defer second reading of the ordinance to September 16, 1997 was offered
by Vice Mayor Perlow, seconded by Councilmember Rogers-Libert and passed 6-1,
with Councilmember Beskin voting no.
C. Mr. Weiss read the following ordinance by title:
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
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.
Mayor Snyder opened the public hearing. The following individuals addressed
Council: Alicia Trujillo, Esq., Florida Department of Transportation; Brian Pachen,
Esq., 1000 Brickell Avenue; Alan Rubin, Esq., Shutts & Bowan; George Berlin,
Tumberry & Associates; and James Pappas, property owner. There being no
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further speakers, the public hearing was closed. A motion for approval was offered
by Councilmember Rogers~Libert, and seconded by Councilmember Beskin. A
motion to amend the ordinance by deleting section 9 thereof was offered by Vice
Mayor Perlow and seconded by Councilmember Rogers-Libert. The amendment
passed unanimously. An amendment was offered by Councilmember Rogers-
Libert, seconded by Vice Mayor Perlow and unanimously passed that a provision
be added to section 2 similar to the second paragraph in section 3. The motion for
approval, as amended, was unanimously approved by roll call vote and Ordinance
No. 97-21 was enacted.
9. RESOLUTIONS: None.
10. OTHER BUSIN ESS:
A. MOTION TO APPROVE FOUNDERS DAY
PROGRAM AS OUTLINED IN THE CITY
MANAGER'S MEMORANDUM AND ESTABLISH
NOVEMBER 15, 1997 AS THE DATE OF
CELEBRATION.
Community Services Director Robert Sherman gave an overview of the activities
planned for Founders Day. Art Grossman, 20100 W. Country Club Drive, addressed
Council. Council directed that the time of the program on November 15, 1997 be
changed to 1-5 p.m. After motion made, seconded and unanimously passed, the
program, as amended, was approved.
B. DISCUSSION AND POSSIBLE MOTION TO DIRECT
THE CITY ATTORNEY TO PREPARE AN
ORDINANCE ESTABLISHING SEWAGE AND
GARBAGE DISPOSAL REGULATIONS FOR LIVE-
ABOARD VESSELS IN THE CITY AND CREATING
A REGISTRATION PROCESS.
The above motion was offered by Councilmember Beskin, seconded by
Councilmember Rogers-Libert and unanimously passed.
11.REPORTS: As submitted.
12. PUBLIC COMMENTS: The following individuals addressed Council: Harry Crook,
Commodore Plaza; June Stevens, 20412 NE Del Vista Court; and Mr. Socolov
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13. ADJOURNMENT. There being no further business to come before Council at this
time, after motion made, seconded and unanim.ously p~assed~ng adjourned
at 10:30 p.m.
Teresa M. Smith, CMC, City Clerk
Approved by Council on September 16, 1997.
Anyone wishing to appeal any decision made by the City Council with respect to any matter considered ~ a
meeting or hearing will need a record of the proceedings and, far 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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