11-18-1997 Council Meeting MINUTES
CITY COUNCIL MEETING
TUESDAY, NOVEMBER 18, 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 Jay R. Beskin. Present were Councilmembers Arthur Berger, Ken
Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor
Beskin, Mayor Arthur I. Snyder (arrived at 7:20 p.m.), City Manager Edc 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: Mr. Zemlock led the pledge of allegiance.
3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M.
Ex-parte communications by Council, if any, were disclosed and filed with the City
Clerk in accordance with Ordinance 96-09. All witnesses giving testimony in this
hearing were sworn in by the City Clerk.
A. APPLICANT: RAINFOREST CAFI~, INC.
Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, GRANTING
SPECIAL EXCEPTION APPROVAL FOR
PROPERTY LOCATED AT 19501 BISCAYNE
BOULEVARD TO PERMIT AN ADDITIONAL
RESTAURANT WITH A COCKTAIL LOUNGE-BAR
WITHIN A SHOPPING CENTER WHERE ONE (1)
SUCH RESTAURANT WITH A COCKTAIL
LOUNGE-BAR IS PERMITTED IN A SHOPPING
CENTER; PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Beskin opened the public hearing. Jaye M. Epstein, Community
Development Director, explained the application. The following individuals
addressed Council: George Berlin, Turnberry & Associates; Tim Smith, Director of
Operations for Applicant; and June Stevens, NE Del Vista Court. There being no
further speakers, the public headng was closed. A motion to approve the request
was offered by Councilmember Cohen, and seconded by Councilmember Holzberg.
The motion passed (6-0) by roll call vote and Resolution No. 97-79 was adopted.
B. APPLICANT: AVENTURA SHOPS, INC.
At the request of the applicant, a motion to defer this matter until December 16, 1997
was offered by Councilmember Rogers-Libert, seconded by Councilmember Cohen
and unanimously passed.
The meeting recessed until 7 p.m.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the November 4,
1997 Council Meeting was offered by Councilmember Rogers-Libert, seconded by
Councilmember Perlow and unanimously passed. A motion to approve the minutes
of the November 10, 1997 Workshop Meeting was offered by Councilmember
Rogers-Libert, seconded by Councilmember Berger and unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS:
Councilmember Perlow requested removal of items 7-A and 7-C 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 Rogers-Libert, seconded by
Councilmember Cohen and unanimously passed, thus the following action was
taken:
B. Resolution No. 97-80 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING
THE CITY MANAGER TO EXECUTE THE
ATTACHED INTERLOCAL AGREEMENT FOR
PROFESSIONAL SERVICES ASSOCIATED WITH
NPDES OPERATING PERMIT BY AND BETWEEN
THE CITY OF AVENTURA AND METROPOLITAN
DADE COUNTY DEPARTMENT OF
ENVIRONMENTAL RESOURCES MANAGEMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING 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 ESTABLISHING INTERIM SERVICES
FEES FOR PROPERTIES NOT YET INCLUDED IN
THE COUNTY'S TAX ROLL; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
Mr. Soroka explained the purpose of this proposed ordinance. Councilmember
Perlow explained his request to remove this item from the Consent Agenda for
public discussion. A motion for approval wes offered by Councilmember Berger
and seconded by Councilmember Rogers-Libert. An amendment wes offered by
Councilmember Pertow, seconded by Councilmember Rogers-Libert and
unanimously passed to amend the definition of Certificate of Occupancy. An
amendment was offered by Councilmember Perlow, seconded by Councilmember
Berger and unanimously passed to emphasize in the Whereas Clause that this is
only to reimburse City for anticipated additional costs and expenses for construction
of new buildings. The motion to approve the ordinance, as amended, passed
unanimously by roll call vote.
C. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING
THE CITY MANAGER TO EXECUTE THE
ATTACHED WORK AUTHORIZATION NO.
15414.39 TO PREPARE CONSTRUCTION
DOCUMENTS FOR NE 183P~ STREET FOR
PROFESSIONAL SERVICES BY AND BETWEEN
THE CITY OF AVENTURA AND KEITH AND
SCHNARS, P.A.; AND PROVIDING AN EFFECTIVE
DATE.
Mr. Soroka explained this project. Councilmember Pertow explained that he
removed this item from the Consent Agenda in order to address budgetary
concerns. (Mayor Snyder arrived during this discussion). A motion for approval
was offered by Councilmember Rogers-Libert and seconded by Councilmember
Berger. The motion passed unanimously and Resolution No. 97-81 was adopted.
8. PUBLIC HEARINGS: MORATORIUM WAIVER REQUEST
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MOTION TO APPROVE REQUEST BY EDDIE YEH
A/K/A HUAN HUI YEH FOR WAIVER FROM
MORATORIUM, SUBJECT TO CONDITIONS AS
OUTUNED IN CITY MANAGER'S MEMORANDUM
DATED NOVEMBER 14, 1997
All witnesses giving testimony were sworn in by the City Clerk. Mr. Weiss explained
the request. Cliff Schulman, Esq., 1221 Bdckell Avenue; and Bruce Fardty, 1353
Palmetto Avenue, Winter Park, FL 32789, addressed Council. A motion to table this
item until the December 16, 1997 meeting pending receipt of additional information
was offered by Councilmember Cohen, seconded by Councilmember Rogers-Libert
and unanimously passed.
9. PUBLIC HEARINGS: ORDINANCES - FIRST READING
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA; PROVIDING FOR AMENDMENT OF THE
CITY CHARTER BY AMENDING SECTION 2.02
"MAYOR AND VICE MAYOR", TO CLARIFY
ANNUAL APPOINTMENT OF VICE MAYOR;
AMENDING SECTION 2.05 "VACANCIES;
FORFEITURE OF OFFICE; FILLING OF
VACANCIES" BY AMENDING SUBSECTION (C)
"FILLING OF VACANCIES" TO REVISE
PROCEDURE FOR FILLING VACANCY IN OFFICE
OF MAYOR AND COUNClLMEMBERS, REVISING
PROVISION WHICH PROVIDED FOR VICE MAYOR
TO FILL VACANCY IN THE OFFICE OF MAYOR;
AMENDING SECTION 3.05 "BOND OF CITY
MANAGER" TO PROVIDE THAT CITY COUNCIL
MAY BY ORDINANCE REOUIRE CITY MANAGER
TO FURNISH A FIDELITY BOND; AMENDING
SECTION 5.01 "ELECTIONS" TO REVISE DATE OF
ELECTION FOR MAYOR AND COUNCIL AND TO
EXTEND CURRENT TERM OF OFFICE; AMENDING
SECTION 8.07 "INITIAL ELECTION OF COUNCIL
AND MAYOR" TO CONFORM TO AMENDMENT OF
SECTION 5.01; AMENDING SECTION 7.03
"CONFUCTS OF INTEREST; ETHICAL
STANDARDS" TO ENABLE CITY COUNCIL TO
ADOPT ADDITIONAL CODE OF ETHICS
REQUIREMENTS; AMENDING CHARTER BY
CHANGING THE DESIGNATION OF THE CITY
"COUNCIL" TO THE CITY "COMMISSION" AND
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SUBSTITUTING FOR THE TERM
"COUNCILMEMBER" THE DESIGNATION
"COMMISSIONER", AMENDING ALL SECTIONS OF
THE CHARTER IN CONFORMITY THEREWITH;
PROVIDING REQUISITE BALLOT LANGUAGE FOR
SUBMISSION TO ELECTORS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CHARTER; PROVIDING FOR ADOPTION OF
ENABLING RESOLUTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
Mr. Weiss reviewed each ballot question. An amendment was offered by
Councilmember Rogers-Libert, seconded by Councilmember Perlow and
unanimously passed that the appointment of Vice Mayor be twice yearly with the
exact date to be determined by ordinance. An amendment was offered by
Councilmember Perlow, seconded by Councilmember Cohen and unanimously
passed by roll call vote that the commencement of terms be set by ordinance
pending the outcome of the vote to change the election dates. An amendment was
offered by Councilmember Cohen and seconded by Councilmember Perlow that
Section 2.02(a) of the Charter be amended to provide that subcommittees be
appointed by the Mayor with Council approval. The motion failed 6-1, with Mayor
Snyder, Vice Mayor Beskin and Councilmembers Berger, Holzberg, Rogers-Libert
and Pedow voting no and Councilmember Cohen voting yes. The following
individuals addressed Council: George Feffer, Admirals Port; and Joseph Platnick,
Del Prado. A motion for approval of the ordinance on first reading, as amended,
was offered by Councilmember Berger, seconded by Councilmember Cohen, and
unanimously passed by roll call vote.
10. PUBLIC HEARINGS: ORDINANCES- SECOND READING
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, CONCERNING LIVE-ABOARD VESSELS;
PROVIDING ENVIRONMENTAL, SANITARY AND
HABITABILITY REQUIREMENTS FOR LIVE-
ABOARD VESSELS; PROVIDING FOR INVENTORY
AND INSPECTIONS; PROVIDING FOR
CERTIFICATE OF USE; PROVIDING FOR
ADDITIONAL RESTRICTIONS UPON LIVE-ABOARD
VESSELS WITHIN THE CITY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR PENALTY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR EFFECTIVE DATE
Vice Mayor Beskin opened the public hearing. A motion for approval was offered by
Councilmember Rogers-Libert, and seconded by Councilmember Perlow. The
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following individuals addressed Council: Steven Jewell, 4700 Jefferson Street,
Hollywood; Frank Warnhoff, 2695 Parkview Drive, Hallandale; Jordan Green, Esq.,
5805 Blue Lagoon Drive; and Mary Ann Hubbell, 7100 Island Blvd. There being no
further speakers, the public hearing was closed. Vice Mayor Beskin vacated the
chair, passed the gavel to Councilmember Rogers-Libert and moved to table second
reading of the ordinance. The motion, seconded by Councilmember Rogers-Libert,
failed. The motion for approval of the ordinance on second reading failed
unanimously.
11. RESOLUTIONS: None
12. OTHER BUSINESS: None
13. REPORTS: As submitted.
14. PUBLIC COMMENTS: The following individuals addressed Council: Mr. Feffer.
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.
T~esa M. Smith, CMC, City Clerk
Approved by Council on December 16, 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 · record of the 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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