12-16-1997 Council Meeting MINUTES
CITY COUNCIL MEETING
TUESDAY, DECEMBER 16, 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
Mayor Arthur I. Snyder. Present were Councilmembers Arthur Berger, Ken Cohen,
Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Jay R. Beskin,
Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M Smith, and City
Attorney David M Wolpin. 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: IRA SEGAL FOR AVENTURA SHOPS, INC.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA; GRANTING
APPROVAL OF MULTI-TENANT CENTER SIGN
GRAPHICS FOR FA(~ADE SlGNAGE FOR
PROPERTY LOCATED AT 3001-3025 AVENTURA
BOULEVARD; PROVIDING AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. Mr. Epstein advised Council of the
applicant's request. The following individual addressed Council: Ira Segal,
applicant. There being no further speakers, the public hearing was closed. A
motion to approve the request was offered by Councilmember Perlow, and
seconded by Councilmember Rogers-Libed. The motion failed, with Vice Mayor
Beskin and Councilmembers Berger, Cohen, Holzberg, Perlow and Rogers-Libert
voting no and Mayor Snyder voting yes.
B. APPLICANT: ROBERT LANSBURGH
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, GRANTING A
SIGN VARIANCE TO PERMIT ONE (1) WALL SIGN,
NO GREATER THAN 90 SQUARE FEET, WHERE
NO WALL SIGNS ARE PERMITTED ON THE
PROPERTY LOCATED AT 2940 NE 188TM STREET;
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Snyder opened the public headng. Mr. Epstein reviewed the applicant's
request. The following individuals addressed Council: Robert Lansburgh, applicant
and Larry Kramer, architect. There being no further speakers, the public hearing
was closed. A motion to approve the request was offered by Councilmember
Perlow, and seconded by Councilmember Holzberg. The motion passed
unanimously and Resolution No. 97-82 was adopted.
C. APPLICANT: COSCAN WATERWAYS, INC.
Mayor Snyder opened the public hearing. Stanley Price, 701 Brickell Avenue,
addressed Council. There being no further speakers, the public headng wes
closed. A motion to continue this item until February 3, 1998 at 6 p.m. was offered
by Vice Mayor Beskin, seconded by Councilmember Rogers-Libert and
unanimously passed.
D. Mr. Wolpin read the following motion:
MOTION TO APPROVE REQUEST BY
DUMBFOUNDLING BAY, LTD. FOR WAIVER FROM
MORATORIUM, SUBJECT TO CONDITIONS AS
OUTLINED IN CITY MANAGER'S MEMORANDUM
DATED DECEMBER 8, 1997
Mr. Soroka explained the request. Mayor Snyder opened the public hearing. Mr.
Price addressed Council. There being no further speakers, the public hearing was
closed. A motion for approval was offered by Councilmember Cohen, seconded by
Councilmember Berger and passed 6-1, with Mayor Snyder and Councilmembers
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Cohen, Berger, Rogers-Libert, Holzberg and Perlow voting yes and Vice Mayor
Beskin voting no.
E. Mr. Wolpin read the following motion:
MOTION TO APPROVE REQUEST BY HAPPINESS,
INC. FOR WAIVER FROM MORATORIUM,
SUBJECT TO CONDITIONS AS OUTLINED IN CITY
MANAGER'S MEMORANDUM DATED DECEMBER
8, 1997
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. As the applicant was not in attendance, a motion to table this
matter until January 6, 1998 at 6 p.m. was offered by Councilmember Berger,
seconded by Councilmember Cohen and passed unanimously.
F. Mr. Wolpin read the following motion:
MOTION TO APPROVE REQUEST BY GEORGE
ARANDA FOR WAIVER FROM MORATORIUM,
SUBJECT TO CONDITIONS AS OUTLINED IN CITY
MANAGER'S MEMORANDUM DATED DECEMBER
9, 1997
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. A motion for approval was offered by Councilmember Cohen,
seconded by Councilmember Holzberg and unanimously passed.
A motion to address item 10 at this time was offered by Councilmember Perlow,
seconded by Councilmember Cohen and passed 6-1, with Mayor Snyder, Vice
Mayor Beskin and Councilmembers Cohen, Berger, Holzberg, and Perlow voting
yes and Councilmember Rogers-Libert voting no.
10. OTHER BUSINESS:
RECONSIDERATION OF WATERWAYS RESORT
MARINA REQUEST FOR CLASS I PERMIT
A motion to reconsider this matter was offered by Councilmember Cohen,
seconded by Councilmember Holzberg and passed unanimously. Raymond
Graziotto, Waterways Marina, and Paul Libert, La Mirage, addressed Council. A
motion was offered by Councilmember Perlow and seconded by Councilmember
Holzberg to approve the request, subject to the conditions that 1) the vessel be
used solely as a harbormaster's office and 2) that the vessel be removed by
January '1, 1999 and 3) the approval is subject to final approval by Dade County
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Environmental Resources Management (DERM). The motion for approval passed
unanimously.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the November 18,
1997 Council Meeting was offered by Councilmember Perlow, seconded by
Councilmember Rogers-Libert and unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS:
Councilmember Perlow requested removal of items 7-B, 7-D and 7-H from the
Consent Agenda. Councilmember Berger requested removal of item 7-G 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-L/bert, seconded by
Councilmember Perlow and unanimously passed, thus the following action was
taken:
A.Mr. Wolpin read the following ordinance by title which
was passed by roll call vote:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA ADOPTING AND ENACTING A CITY
CODE FOR THE CITY OF AVENTURA; PROVIDING
FOR GENERAL PROVISIONS; ADMINISTRATION;
ANIMALS; BUILDINGS AND BUILDING
REGULATIONS; BUSINESS REGULATIONS;
LICENSES AND PERMITS; CABLE
COMMUNICATIONS; ELECTIONS;
ENVIRONMENT; PLANNING AND ZONING; SOLID
WASTE; STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES; PROVIDING FOR PENALTY
FOR VIOLATION; PROVIDING FOR THE MANNER
OF AMENDING SUCH CODE; PROVIDING FOR
WHEN SUCH CODE AND THIS ORDINANCE
SHALL BECOME EFFECTIVE.
C. Resolution No. 97-83 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING
AND SUPPORTING GRANT FUNDING
ASSISTANCE FROM THE METROPOLITAN
PLANNING ORGANIZATION IN THE SUM OF
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$24,000.00 FOR THE EXECUTION OF THE
MUNICIPAL PUBLIC TRANSIT STUDY AS
DESCRIBED IN EXHIBIT "A"; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
E. Resolution No. 97-84 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, EXPRESSING
OPPOSITION TO S 1256, THE CITIZENS ACCESS
TO JUSTICE ACT OF 1997, AS PRESENTLY
UNDER CONSIDERATION BY THE UNITED
STATES SENATE; AND PROVIDING AN
EFFECTIVE DATE.
F. Resolution No. 97-85 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA BEAUTIFICATION ADVISORY
BOARD; AND PROVIDING AN EFFECTIVE DATE.
The following items were removed from the Consent Agenda and addressed separately:
B. Mr. Wolpin 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 TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN THE CORONADO
CONDOMINIUM ASSOCIATION, INC. AND THE
CITY OF AVENTURA; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Councilmember Rogers-Libert, seconded by Vice
Mayor Beskin and unanimously passed, thus Resolution No. 97-86 was adopted.
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D. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING
THE CITY MANAGER, ON BEHALF OF THE CITY,
TO ENTER INTO AN AGREEMENT WITH
TRANSPORT ANALYSIS PROFESSIONALS, INC.
TO CONDUCT A TRAFFIC OPERATIONS STUDY;
AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
The following individuals addressed Council: George Berlin, Turnberry & Associates;
Harold Reiner, Coronado; Joseph Platnick, Del Prado; George Feffer, Admirals Port;
and Robert Jordan, Commodore Plaza. A motion to approve this resolution, including a
study of Miami Gardens Drive, was offered by Vice Mayor Beskin, seconded by
Councilmember Rogers-Libert and Resolution No. 97-87 was unanimously passed.
G. Mr. Wolpin 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 AGREEMENT FOR CONSULTING
SERVICES FOR DESIGN AND CONSTRUCTION
ADMINISTRATION OF THE GOVERNMENT
CENTER, POLICE FACILITY AND CULTURAL
CENTER, AS SET FORTH IN RFQ 97-9-24-2;
AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
Michael Shift, Michael A. Shift and Associates, addressed Council. A motion for
approval was offered by Councilmember Roger-Libert, seconded by Vice Mayor
Beskin and unanimously passed, thus Resolution No. 97-88 was adopted.
H. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, ACCEPTING
DEDICATION OF RIGHT-OF-WAY PURSUANT TO
DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF AVENTURA AND AVENTURA COMMONS
ASSOCIATES LTD. AND TRAFALGAR
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ASSOCIATES OF AVENTURA LTD.; PROVIDING
FOR EFFECTIVE DATE.
A motion for approval was offered Vice Mayor Beskin, seconded by Councilmember
Cohen and unanimously' passed, thus Resolution No. 97-89 was adopted.
8. PUBLIC HEARINGS: ORDINANCES- SECOND 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 PROVIDE FOR
SEMI-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 COUNCILMEMBERS, 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 REQUIRE CITY MANAGER
TO FURNISH A FIDELITY BOND; AMENDING
SECTION 5.01 "ELECTIONS" TO REVISE DATE OF
ELECTION FOR MAYOR AND COUNCIL, DATE OF
COMMENCEMENT OF TERMS, 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
"CONFLICTS 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
SUBSTITUTING FOR THE TERM
"COUNClLMEMBER" 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
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THE CHARTER; PROVIDING FOR ADOPTION OF
ENABLING RESOLUTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. A motion to remove Sections 4 and 5 from the ordinance for
separate vote was offered by Councilmember Berger, seconded by Councilmember
Perlow and failed 4-3, with Councilmembers Berger, Rogers-Libert and Perlow
voting yes and Councilmembers Cohen and Holzberg, Vice Mayor Beskin and
Mayor Snyder voting no. A motion to approve the ordinance was offered by
Councilmember Cohen, seconded by Vice Mayor Beskin and passed 4-3, with
Councilmembers Cohen, Holzberg, Vice Mayor Beskin and Mayor Snyder voting yes
and Councilmembers Berger, Rogers-Libert and Perlow voting no. Thus Ordinance
No. 97-30 was enacted.
9. RESOLUTIONS: None
II.REPORTS: As submitted.
12. PUBLIC COMMENTS: The following individuals addressed Council: Mr. Reiner;
and Mr. Feffer
13. ADJOURNMENT. There being no further business to come before Council at this
time, after motion made, seconded and unanimously passed, the meeting adjourned
at 8:20 p.m.
Teresa M. Smith, CMC, City Clerk
Approved by Council on January 6, 1998.
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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