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03-18-1997 Council Meeting MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA TUESDAY, MARCH 18, 1997 6 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 by Vice Mayor Arthur Berger at 6 p.m. Present were Councilmembers Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Berger, Mayor Arthur Snyder, City Manager Eric M. $oroka, City Clerk Teresa M. Smith, and City Attorney Stephen J. Helfman. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Paul Libert led the pledge of allegiance. 3. PLANNING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA GRANTING SITE PLAN APPROVAL FOR PROPERTY LOCATED AT 17800-17870 BISCAYNE BOULEVARD, AVENTURA, FLORIDA TO PERMIT A FREE-STANDING RESTAURANT AND A FREE-STANDING RETAIL USE; AND GRANTING A VARIANCE FROM THE MINIMUM REQUIRED FIVE (5) FOOT REAR YARD SETBACK AT THE RETAIL BUILDING; AND GRANTING A VARIANCE FROM THE MINIMUM REQUIRED TWENTY (20) FOOT FRONT YARD SETBACK AT THE RESTAURANT BUILDING; AND GRANTING A VARIANCE FROM THE REQUIRED FORTY-EIGHT (48) PARKING SPACES BY ALLOWING FORTY-ONE (41) PARKING SPACES; AND PROVIDING AN EFFECTIVE DATE. Jaye Epstein, Community Development Director, explained the request of the applicant and the recommendation of staff. After having been duly sworn, the following individuals addressed Council: Steven Kamelhair, 400 NW 74th Avenue, Plantation, Florida; and Bruce Arthur, 800 Douglas Entrance, Coral Gables. Vice Mayor Berger then opened the public hearing. The following individuals spoke: Lionel Socolov, 3530 Mystic Point Drive; and Leonard Geller, Commodore Plaza. There being no further speakers, the public hearing was closed. After discussion by Council, a motion to defer this item until May 6, 1997 was offered by Councilmember Cohen, seconded by Councilmember Beskin and unanimously passed, 6-0. Councilmember Rogers-Libert was not present for the vote. 4. APPROVAL OF MINUTES: A motion to approve the minutes of the March 4, 1997 Council Meeting and the March 13, 1997 Council Workshop Meeting, with the correction of the spelling of the name Sydell Schwartz, was offered by Councilmember Cohen, seconded by Councilmember Holzberg, unanimously passed and the minutes ware approved. 5. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: Councilmember Beskin requested removal of items 7.A., 7.B., 7.E., and 7.G. from the Consent Agenda. Vice Mayor Berger requested removal of item 7.D. from the Consent Agenda. Councilmember Perlow requested removal of item 7.C. from the Consent Agenda. A motion to defer item 8, first reading of the proposed Sign Ordinance, until April 15, 1997, was offered by Councilmember Beskin, seconded by Councilmember Rogers-Libert and unanimously passed. 6. SPECIAL PRESENTATIONS: None 7. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Councilmember Perlow, seconded by Councilmember Rogers-Libert, and unanimously passed. Thus the following action was taken: F. Resolution No. 97-21 was adopted, as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 97-3-3-2, LEHMAN CAUSEWAY SIDEWALK IMPROVEMENTS, TO COLONNA CONSTRUCTION, INC. AT THE BID PRICE OF $26,851.20 AS CONTAINED IN EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. H. Resolution No. 97-22 was adopted, as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ADJUSTING THE 1996/97 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A. Mr. Helfman read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF IVEY, HARRIS & WALLS, INC. TO PERFORM PROFESSIONAL PLANNING SERVICES RELATIVE TO RFP NO. 97-1-31-2, COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO NEGOTIATE THE TERMS AND FEES FOR SAID WORK; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. A motion to approve the resolution was offered by Councilmember Rogers-Libert, seconded by Councilmember Cohen, unanimously passed by voice vote and Resolution No. 97-23 was adopted. B. Mr. Helfman read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, URGING THE FLORIDA LEGISLATURE TO REPEAL THE JOE CARLUCCl UNIFORM FIREARMS ACT AND ALLOW LOCAL GOVERNMENTS TO CONSIDER THE ENACTMENT OF APPROPRIATE FIREARMS CONTROL MEASURES TO ENSURE THE SAFETY OF THEIR CITIZENS; PROVIDING FOR AN EFFECTIVE DATE. A motion to amend the resolution to provide that authority be invested in counties only was offered by Councilmember Perlow, seconded by Councilmember Rogers- Libert and unanimously passed. A motion to approve the resolution, as amended was offered by Councilmember Rogers-Libert, seconded by Councilmember Cohen unanimously passed and Resolution No. 97-24 was adopted. C. Mr. Helfman read the following resolution by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING FEES FOR THE PROVISION OF INFORMATION CONCERNING OUTSTANDING OR PENDING CITY LIENS; PROVIDING A FEE SCHEDULE FOR THE PREPARATION AND RECORDATION OF LIENS AND LIEN SATISFACTIONS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. A motion to approve the ordinance was offered by Councilmember Rogers-Libert seconded by Councilmember Holzberg and unanimously passed. D. Mr. Helfman read the following resolution by title: 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 LEASE AGREEMENT FOR PROPERTY TO BE USED AS A LANDSCAPE BUFFER AND BEAUTIFICATION BY AND BETWEEN THE CITY OF AVENTURA AND FLORIDA EAST COAST RAILWAY COMPANY; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the resolution was offered by Councilmember Rogers-Libert, seconded by Councilmember Cohen, unanimously passed and Resolution No. 97-25 was adopted. E. Mr. Helfman read the following motion: MOTION TO ACCEPT, FOR FILING WITH THE CITY CLERK, THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1996. A motion to accept, for filing with the City Clerk, the comprehensive annual financial report for the fiscal year ended September 30, 1996 was offered by Councilmember Rogers-Libert, seconded by Councilmember Cohen and unanimously passed. G. Mr. Helfman read the following motion: MOTION OF THE CITY COUNCIL, IN ACCORDANCE WITH RESOLUTION NO. 96-56, TO AUTHORIZE THE CITY ATTORNEY TO TAKE THE NECESSARY ACTION TO FORMALLY REQUEST THAT METROPOLITAN DADE COUNTY TRANSMIT TO THE CITY OF AVENTURA, ON OR BEFORE MAY 1, 1997, THE CITY'S SHARE OF FLORIDA POWER & LIGHT FRANCHISE FEE REVENUES. An amendment to the motion to clarify that this request is from the date of the City's incorporation was offered by Councilmember Perlow, seconded by Mayor Snyder and unanimously passed. A motion for approval, as amended, was offered by Councilmember Rogers-Libert, seconded by Councilmember Cohen and unanimously passed. 9. PUBLIC HEARINGS: ORDINANCES - SECOND READING A. Mr. Helfman read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE 96-12, WHICH PROVIDED FOR A BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS UPON CLASS "C" COMMERCIAL ADVERTISING SIGNS (INCLUDING BILLBOARDS) WITHIN THE CITY LIMITS OF THE CITY OF AVENTURA, BY EXTENDING THE TERM OF THE MORATORIUM; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE Vice Mayor Berger opened the public hearing. There being no speakers, the public hearing was closed. A motion to approve the ordinance was offered by Councilmember Rogers-Libert, seconded by Councilmember Holzberg, unanimously passed by roll call vote, and Ordinance No. 91-08 was enacted. El. Mr. Helfman read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-06 WHICH ESTABLISHES PROHIBITIONS AGAINST EXCESSIVE NOISE BY ADDRESSING CONSTRUCTION HOURS AND OTHER NOISE ACTIVITIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Berger opened the public hearing. There being no speakers, the public hearing was closed. A motion to approve the ordinance was offered by Councilmember Rogers-Libert and seconded by Councilmember Beskin. A motion to amend the ordinance to prohibit any construction on Sundays was offered by Councilmember Cohen and seconded by Councilmember Holzberg. Councilmember Beskin requested a ruling from the City Attorney as to whether or not the amendment, which failed on first reading, was in order at this time. The City Attorney ruled in favor of the maker of the amendment. Councilmember Beskin appealed the ruling of the City Attorney to the Chair. The Chair ruled with the City Attorney. Councilmember Beskin appealed the ruling of the Chair. The appeal was seconded by Councilmember Rogers-Libert. By roll call vote, 4-3, Councilmember Beskin's appeal was denied, with Vice Mayor Berger and Councilmembers Cohen, Holzberg and Perlow voting in favor of the Chair and Councilmembers Rogers-Libert, Beskin and Mayor Snyder voting no. The amendment was defeated 5-2 by roll call vote, with Councilmembers Cohen and Holzberg voting no. The motion to approve the ordinance passed unanimously by roll call vote and Ordinance No 97-09 was enacted. 10. RESOLUTIONS: None Il. OTHER BUSINESS: None 12. REPORTS ]3. PUBLIC COMMENTS. The following members of the public addressed Council: Arthur Hodgkins, 2770 NE 214th Street; and Paul Libert, 21155 Helmsman Drive. 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 8:55 p.m. Teresa M. Smith, CMC, City Clerk Approved by Council on April 1, 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 is made, which record includes the testimony and evidence upon which the appeal is to be based.