09-16-1997 Council Meeting MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, SEPTEMBER 16, 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. $oroka, 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: North Miami Mayor Howard Premer led the pledge of
allegiance.
3. APPROVAL OF MINUTES: A motion to approve the minutes qf the September 2,
1997 Council Meeting and September 9, 1997 Council Meeting was offered by
Councilmember Rogers-Libert, and seconded by Councilmember Holzberg. The
motion for approval of the minutes passed unanimously.
4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS:
Councilmember Beskin requested removal of item 6. B. from the Consent Agenda.
Vice Mayor Perlow requested removal of item 6.A. from the Consent Agenda.
5. SPECIAL PRESENTATIONS: Mayor Snyder presented North Miami Mayor Howard
Premer with a Certificate of Appreciation for his efforts in persuading Cunard Lines
to locate their offices in Dade County.
6. CONSENT AGENDA: Mr. Soroka explained each item on the Consent Agenda. A
motion for approval was offered by Councilmember Rogers-Libert, seconded by
Councilmember Berger, and unanimously passed, thus the following action was
taken:
C. Resolution No. 97-59 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE
CITY MANAGER ON BEHALF OF THE CITY TO
EXECUTE AND OTHERWISE ENTER INTO THE
ATTACHED AGREEMENT BETWEEN THE CITY OF
AVENTURA AND METROPOLITAN DADE COUNTY
TO PROVIDE A COMMUNITY DRUG & CRIME
PREVENTION PROGRAM; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
D. Resolution No. 97-60 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA SUPPORTING
AND ENDORSING THE HUMANITARIAN FOOD
DRIVE TO BE SPONSORED BY SOUTH FLORIDA
FOOD RECOVERY AND THE METROPOLITAN
DADE COUNTY FIREFIGHTERS AND FIRE
RESCUE DEPARTMENT; AND PROVIDING FOR
AN EFFECTIVE DATE.
The following items were removed from the Consent Agenda and addressed
separately:
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING ORDINANCE NO. 96-28
WHICH REQUIRES ALL BUILDING
CONTRACTORS CONDUCTING BUSINESS
WITHIN THE MUNICIPAL BOUNDARIES OF THE
CITY OF AVENTURA TO REGISTER WITH THE
CITY; DELETING THE REQUIREMENT FOR
QUALIFIERS TO PERSONALLY APPEAR AT THE
TIME OF REGISTRATION; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval wes offered by Councilmember Rogers-Libert and seconded
by Councilmember Berger. An amendment was offered by Vice Mayor Perlow,
seconded by Councilmember Berger and unanimously passed to provide that only
those qualifiers whose main office is outside of the state of Florida need not appear
and those qualifiers whose main office is within the state of Florida must personally
appear. After roll call vote, the motion for approval of the ordinance, as amended,
passed unanimously.
B. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING QUALIFICATION
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PERIOD FOR FILING TO RUN FOR ELECTION TO
OFFICE OF COUNClLMEMBER OR MAYOR;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE
DATE.
A motion for approval was offered by Councilmember Beskin and seconded by
Councilmember Rogers-Libert. An amendment was offered by Councilmember
Berger and seconded by Councilmember Cohen that Section I.A. be amended to read
that commencement of the qualifying period shall be no earlier than 30 days and no
later than 25 days before the date of the regular election. The amendment passed
unanimously. The motion for approval of the ordinance, as amended, passed
unanimously by roll call vote.
7. PUBLIC HEARINGS: Mr. Weiss read the following resolution, by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA THE RATE OF THE STORMWATER
UTILITY ESTABLISHING FEE FOR THE CITY OF
AVENTURA STORMWATER MANAGEMENT SYSTEM;
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Snyder opened the public heating. There being no speakers, the public
hearing was closed. A motion for approval was offered by Councilmember Beskin
and seconded by Councilmember Rogers-Libert. The motion for approval passed
unanimously and Resolution No. 97-61 was adopted.
8. PUBLIC HEARINGS - ORDINANCES - SECOND READING:
A. 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-I 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
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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
METROPOLITAN DADE COUNTY CODE FOR THE
SPECIFIC MA'I'I'ERS ADDRESSED HEREIN.
Mayor Snyder opened the public headng. The following individuals addressed
Council: Frank Sonagra, Esq., representing Curry Industries; John May, 2771 NE
214th Street; Reg Hopkins, 214th Street; Jack Davis, property owner on 214th Street
and E. Dixie Highway; Stanley Price, Esq., 701 Brickell Avenue; Cliff Schulman,
Esq., 1221 Brickell Avenue; and Jeffrey Bercow, Esq., 201 S. Biscayne Boulevard.
There being no further speakers, the public hearing was closed. A motion for
approval was offered by Councilmember Beskin and seconded by Councilmember
Cohen. An amendment was offered by Councilmember Cohen and seconded by
Councilmember Holzberg that properties for which applications for variances,
rezoning and site plan approvals have been submitted as of September 2, 1997
would be exempt from the moratorium. The amendment passed 5-2, with
Councilmembers Beskin and Berger voting no. An amendment was offered by
Councilmember Rogere-Libert and seconded by Councilmember Beskin that the
moratorium be in effect no later than November 1, 1998. The amendment passed
unanimously. An amendment was offered by Councilmember Berger and
seconded by Councilmember Beskin to include the following: Whereas, despite
the recitals of the history of land use in these areas, Council does not wish to
restrict the City's land planners from developing a comprehensive plan. The
amendment passed unanimously. An amendment was offered by Councilmember
Rogers-Libert, seconded by Councilmember Berger and unanimously passed that
the third Whereas clause on page 2 read as follows: WHEREAS, the Hospital
Area has in the past been a prime situs for the important medical industry located
within the City, and it is necessary to encourage careful planning to assure that
available land resources are used and projects are designed so that piecemeal
development is avoided while meeting aesthetic concerns of the City; and. The
motion for approval of the ordinance, as amended, passed unanimously by roll call
vote and Ordinance No. 97-22 was enacted.
B. Mr. Weiss read the following ordinance, by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA; ESTABLISHING A CODE OF ETHICS;
PROVIDING A PENALTY; PROVIDING FOR
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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. An amendment was offered by
Councilmember Beskin and seconded by Councilmember Rogers-Libert that the
enforcing authority be the State Attorney's Office. The amendment failed 1-6, with
Councilmember Beskin voting yes and Councilmembers Cohen, Berger, Rogers-
Libert, Holzberg, Vice Mayor Perlow and Mayor Snyder voting no. The motion for
approval passed unanimously by roll call vote and Ordinance No. 97-23 was
enacted.
9. RESOLUTIONS: None.
10. OTHER BUSINESS:
A. MOTION TO ADOPT FLORIDA LEAGUE OF
CITIES' RESOLUTIONS
The motion was offered by Councilmember Rogers-Libert and seconded by
Mayor Snyder. Councilmember Rogers-Libert moved and Councilmember
Beskin seconded that action on these resolutions be deferred for discussion at a
future workshop. Vice Mayor Perlow moved and Councilmember Cohen
seconded removal of this item from the agenda. The motion for removal passed
unanimously.
B. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA SUPPORTING AN
AMENDMENT TO STATE AND FEDERAL LAW TO
ENABLE MUNICIPALITIES TO PROVIDE FOR THE
AMORTIZATION AND REMOVAL OF
COMMERCTAL ADVERTISING SIGNS LAWFULLY
ERECTED ALONG ANY FEDERAL-AID PRIMARY
HIGHWAY, WITHOUT PAYMENT OF JUST
COMPENSATION; PROVIDING FOR
DISTRIBUTION OF RESOLUTION; PROVIDING
FOR EFFECTIVE DATE.
A motion for approval was offered by Councilmember Cohen, seconded by
Councilmember Berger, unanimously passed and Resolution No. 97-62 was adopted.
C. WATERWAYS RESORT MARINA REQUEST FOR
CLASS I PERMIT
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Mr. Soroka explained that DERM has requested Council approval of the request of the
Waterways Resort Marina for a Class I Permit for placement and use of a prohibited
floating structure within the Waterways Marina. A motion to recommend that DERM
deny the request was offered by Councilmember Rogers-Libert, seconded by Vice
Mayor Perlow and unanimously passed.
11.REPORTS: As submitted.
Mr. Weiss requested that an executive session be scheduled to discuss the
condemnation proceedings at a date and time to be determined by the City Manager.
12. PUBLIC COMMENTS: The following individual addressed Council: June Stevens,
20412 NE Del Vista Court.
15. ADJOURNMENT. There being no further business to come before Council at this
time, after motion made, seconded and unanimously passed, the meeting adjourned
at 9:20 p.m.
Teresa M. Smith, CMC, City Clerk
Approved by Council on October 7, 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 if made, which record includes the testimony and evidence upon which
the appeal is to be based.
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