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01-20-1998 Council Meeting MINUTES CITY COUNCIL MEETING TUESDAY, JANUARY 20, 1998 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 Attorneys Stephen Jay Helfman and Richard Jay Weiss. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Robert Diamond 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. Mr. Helfman read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL FOR A REZONING FROM RU-3, FOUR UNIT APARTMENT HOUSE DISTRICT TO BU-2, SPECIAL BUSINESS DISTRICT; GRANTING APPROVAL OF A SPECIAL EXCEPTION TO ALLOW A HOTEL IN THE BU-2, SPECIAL BUSINESS DISTRICT; DENYING A NON-USE VARIANCE REQUIRING A FIVE (5) FOOT HIGH DECORATIVE WALL WHERE NO WALL IS PROPOSED; APPROVING A RELEASE OF A PREVIOUSLY APPROVED RESOLUTION NO. 4-ZAB-167-77; APPROVING A RELEASE OF A PREVIOUSLY APPROVED RESOLUTION NO. 5-ZAB- 425-95; APPROVING A MODIFICATION OF A PREVIOUSLY APPROVED RESOLUTION NO. Z-181-95 WHICH GRANTED A NON- USE VARIANCE OF SIGN REGULATIONS TO PERMIT SlX (6) WALL SIGNS WHERE TWO (2) WALL SIGNS ARE PERMITTED AND WHICH CONDITIONED APPROVAL UPON A SPECIFIC SITE PLAN FOR THAT CERTAIN PROPERTY LOCATED EAST OF BISCAYNE BOULEVARD BETWEEN NE 191 STREET AND NE 193 STREET; PROVIDING AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. The following individuals addressed Council: Jaye Epstein, Community Development Director; George Berlin, 1940 NE 191 Drive, North Miami Beach; and Bill Rosenberg, Landscape Architect. There being no further speakers, the public hearing was closed. A motion to approve rezoning from RU-3, Four Unit Apartment House District to BU-2, Special Business District and a special exception to allow a hotel in the BU-2, Special Business District, subject to site plan approval as submitted was offered by Councilmember Rogers-Libert, seconded by Councilmember Holzberg, and unanimously passed. A motion to delete items 5 and 6 on page 2 of the Resolution was offered by Councilmember Rogers-Libert, seconded by Councilmember Berger and unanimously passed. A motion to deny a non-use variance requiring a five (5) foot high decorative wall where no wall is proposed was offered by Councilmember Rogers-Libert, seconded by Councilmember Holzberg and passed 6-1, with Vice Mayor Beskin voting no. Thus, Resolution No. 98-09 was adopted. Mayor Snyder presented Beautification Advisory Board members with Certificates of Appointment for 1998. Those present included: Robert Diamond, Janice Albin, Patty Robinson and Fanny Fraynd-Singer. Rubin Steiner, Henry Diamond and Stuart Schulman were not present. Mayor Snyder then presented Certificates of Appreciation to Bernice Diamond and Marian Kane (not in attendance) for citizenship above and beyond the call of duty. B. Mr. Helfman read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR RAINFOREST CAFI~, INC., LOCATED AT 19501 BISCAYNE BOULEVARD, TO PERMIT A SECOND EXTERIOR WALL SIGN WHERE ONLY ONE WALL SIGN IS PERMITTED; APPROVING A SIGN VARIANCE TO PERMIT THE SECOND EXTERIOR WALL SIGN TO HAVE A LARGER SIGN AREA THAN WHAT IS PERMITTED; PROVIDING AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. The following individuals addressed Council: Mr. Epstein; and Phil Ward, Consultant. There being no further speakers, the public hearing was closed. A motion for approval was offered by Councilmember Cohen, seconded by Councilmember Rogers-Libert and failed, 0-7. 2 C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA APPROVING THE AVENTURA LAKES - PHASE I FINAL PLAT, SECTION 34, TOWNSHIP 51S, RANGE 42E OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; PROVIDING FOR RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. The following individuals addressed Council: Mr. Epstein; Jeffrey Bercow, Esq., 200 S. Biscayne Bird; and David Ettman, Consultant for the applicant. There being no further speakers, the public hearing was closed. A motion for approval was offered by Vice Mayor Beskin, seconded by Councilmember Cohen, unanimously passed and Resolution No. 98- 10 was adopted. D. Mr. Helfman read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE SOFFER REDLICH REPLAT, SECTION 34, TOWNSHIP 52S, RANGE 42E OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; PROVIDING FOR RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. The following individual addressed Council: Mr. Epstein. There being no further speakers, the public hearing was closed. A motion for approval was offered by Councilmember Perlow, seconded by Councilmember Rogers-Libert, unanimously passed and Resolution No. 98-11 was adopted. 4. APPROVAL OF MINUTES: A motion to approve the minutes of the January 6, 1998 Council Meeting and the January 12, 1998 Workshop Meeting was offered by Councilmember Rogers-Libert and seconded by Councilmember Perlow. Councilmember Berger requested that item 7 in the January 12, 1998 Workshop Meeting minutes be amended to provide that the program is a match-up of volunteers/businesses. The motion for approval passed unanimously. 5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None 6, SPECIAL PRESENTATIONS: None. 7, CONSENT AGENDA: Councilmember Berger requested removal of item 7-B from the Consent Agenda. Councilmember Holzberg requested removal of item 7-D from the Consent Agenda. Vice Mayor Beskin requested removal of item 7-E from the Consent Agenda. Councilmember Rogers-Libert and Vice Mayor Beskin disclosed conflicts of interest relative to item 7-A and did not vote on this matter. A motion for approval was offered by Councilmember Cohen, seconded by Councilmember 3 Holzberg and unanimously passed by roll call vote, thus the following action was taken: A. Resolution No. 98-12 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH BERMELLO, AJAMIL, & PARTNERS, INC. TO PERFORM MUNICIPAL PUBLIC TRANSIT STUDY AS SET FORTH IN ISQ 97-12-2-2 IN THE AMOUNT OF $28,000; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. C. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING CHAPTER 18 "BUSINESS REGULATIONS, LICENSES AND PERMITS" AT SECTION 18-42 "TAX SCHEDULE," TO REVISE THE OCCUPATIONAL LICENSE TAX RATE FOR THE CLASSIFICATION OF "ASTROLOGER, PSYCHIC, FORTUNETELLER"; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. F. Resolution No. 98-13 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE PREPARATION OF AN INTERIM SERVICE FEE REPORT BY TlSCHLER & ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. G. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING SECTION I OF CHAPTER 26, "ELECTIONS" PROVIDING THAT THE CITY CLERK SHALL CANVASS ELECTION RETURNS WITH THE ASSISTANCE OF THE DADE COUNTY SUPERVISOR OF ELECTION; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. 4 The following items were removed from the Consent Agenda and addressed separately: B. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A RESIDENCY POLICY FOR UTILIZATION OF AVENTURA FOUNDERS PARK TO PROVIDE PRIORITY TO CITY RESIDENTS; ESTABLISHING A FEE SCHEDULE FOR GUESTS AND NON RESIDENTS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. The following individuals addressed Council: Walter Erickson, NE 34th Court; Robert Jordan, Commodore Plaza; and June Stevens, NE Del Vista Court. A motion for approval was offered by Vice Mayor Beskin, seconded by Councilmember Holzberg and unanimously passed by roll call vote. Mr. Weiss advised that modifications would be made to the ordinance prior to second reading to include Council's concerns expressed. Ms. Rogers-Libert left the meeting at the conclusion of this item (7:30 p.m.) D. Mr. Weiss read the following motion: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $79,000 FOR EMERGENCY CALL BOXES, RADIO EQUIPMENT, FIVE LAPTOP COMPUTERS AND DRUG AND CRIME PREVENTION PROGRAMS FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM DATED JANUARY 15, 1998. A motion for approval was offered by Councilmember Holzberg, seconded by Councilmember Cohen and passed 6-0, with Councilmember Rogers-Libert absent. E. 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 AGREEMENT FOR THE BILLING OF STORMWATER CHARGES BY AND BETWEEN THE CITY OF AVENTURA AND METROPOLITAN DADE COUNTY WATER AND SEWER DEPARTMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 5 A motion for approval was offered by Vice Mayor Beskin and seconded by Councilmember Berger. The motion passed unanimously, 6-0, with Councilmember Rogers-Libert absent, and Resolution No. 98-14 wes adopted. 8. OTHER BUSINESS: DISCUSSION AND POSSIBLE .ACTION RELATING TO BILLBOARDS (Councilmember Cohen) Councilmember Cohen proposed that the City set aside funds in the preparation of next year's Capital Improvements Program to buy out the remaining billboards in the City. No action wes taken on this proposal. 9. REPORTS: Subcommittee reports as follows: School site: Councilmember Berger advised that a report would be forthcoming from the School Board to the City Manager. Entrance signs: Councilmember Berger advised of preliminary discussions with Beautification Advisory Board - to be reviewed further at their next meeting. Access to Hallandale Beach Blvd. via 34th Street: Councilmember Perlow reported that the City Manager of Hallandale had been contacted to query their interest. No word yet received. 10.PUBLIC COMMENTS: The following individuals addressed Council: Harry Crook, Commodore Plaza (post office); Ginger Grossman 20100 VV. Country Club Drive (landscaping); Ms. Stevens (landscaping); Sydell Schwartz, Waterview (landscaping). 12. ADJOURNMENT. There being no further business to come before Council at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 8:30 p.m. Teresa M. Smith, CMC, City Clerk Approved by Council on February 3, 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, 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. 6 FORM 8B. MEMORANDUM OF VOTING .CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER. LOCAL PUBLIC. OFFICERS ~UJ{~'q O ADD{~ ~ ~ BQAItD, COUN~IL~MMISSl[ON, Ab'~4ORITY OR ~ ~ ~ ~ ~ / WHO MUST FILE FORM 8B Thie fm~l is for use b~ m~y ~rmn ~ng mt t~ ~un~, ~, er ~er ]~al level o~government ~ ~ ~n~d ~r el~ed c~], ~mis&~, auth~W, ~ =it~. It appli~ equally ~m~ of ad~ ~d =-~ ~ who ~ ~ a ~ng ~nffi~ ofin~e~t u~r ~ 1~.3143, Florida Your re~n~bili~s un~ the law ~en ~ ~ v~ng on a me~ tn ~i~ y~ ~w a ~flict of tn~r~ ~]1 va~ ~n&~ on whether you hold an el~fi~ ~ ap~in~ve ~&fion. For ~is re~n, plea~ ~y ~ at~n~ ~ ~ in~on= INSTRUCTIONS FOR COMPLIANCE wITH SECTION 112.3143, FLORIDA STATUTES A perso~ holding elective or appointive comity0 municipal, or other local public office MUST AIL~TAIN from voting o~ a measure which inures to his or her apeeJal private gain or ]oaa. E~h elated or appointed local officer also is prohibited fram knowingly voting aa a measure which inures to the special gain or 10as of a principal (other than a government agency) by whom he ar she ia retained (i~cluding the pm'ant m'gamzstion or ~ubeiellery of a corporate p~ncip~ by which he or she is retained); to the special private gain or I~a of a relative: or to the special private gain or lees al' a busirmss seem:late. Commissioners of community re~levsiopment agencies ureter See. 161.356 or 165.~57, F.~., and ~fllcers of in~q~sndent special to~ districts sleeted o~ a one-acre, one-vote basis are not pro- b~alted from voting tn that capacity. For purposes of this law, a ~elative' includes only the office~e father, mother, son, daughter, husband, wife, brother, sister, father- tn-law, mother-in-law, sea-in-law, and dau~hterdn4aw. A 'business asseci~ae' means any persun or entity engngea in or carOin~ ~ a btlline~ enterprise with the officer as a partner, joint veaturef, caowner ~ propoi~y, or corporate sharehelaer (where the shares of the Cmlmratlmt are not listed on any neti~eml or res, ion al stack exchange). ELRCTED Or~ICEIL~ In mldition to al~.aini ng from voting in the eito~tiane d~ribed above, you must disclose the conflict: PRIOR TO TI-IR VOTE BRIBIO TAKEN by publicty stating to the aseemMy the natu~ of your interest in the measure on WITHIN 15 DAYS AFTER THE VOTE OCCURS by eompletlng an& filing this form with the pemo~ responsible for recordin8 Itm minutes ete the meeting, who sl-,a~Id tncc~surata the form in the mtautee. you mu~ abstain from voting aaa di~cl~m the conflict in the situations deeetihed above and in the manner described for elected offi- cers. In order te participate in these matt~ro, you must discl~e the nature o~ the co~fl~ct before making any attempt to ~nfluenee the decision, whether orally er in w~i~ing and whether ~,~'~ by you or at your direction. IF YOU IHTEND TO MAKE ~ ATTEMPT TO IlkIFLUENCE THE DECISIOI~ PRIOR TO ~ MEETING AT WHICH THE VOTE Wll~ Bl~ TAKEN: · · You must complete and file this ~orm (before makinE any attnmpt tn influence the decision) with t~e person responsible for recording tho minu~es e~the meeting, who will incorporate the form io the minutes- · A copy of the form must be provicled immediately to the other members of ~ agency. · The form must be read publicly at the next meeting e-fret the f°rm is filed' pAGE 1 CE FORM S8 - REV. 1~95 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECL~ION EXCEPT BY DISCUSSION AT THE MEETING: · You must diacl~e c~'ldly tile nature o~' yom' conflic~ in ti'lo m~esure before participati~I. o You muat complete tlls form and file it within 15 ~ays a~h~r tl~e vot~ occur~ with the per.on responeibl~ for recording the minutes of the maati~, who ~t incorporate ~he form in the minut~o. A copy of th~ form mm ba provided immediately ~ t. he erbar membel*s of the ai[ency, alld the form mus~ ~ ~ publicly at the next meeting ai~er l:l~® fol'm is filed. o,sc,.osu. E (~ A meagre ~e or ~11 ~ ~f~ my ~en~ whi~ (check ~e) inu~ ~ ~e ~a] ~n or I~ ~my bu~no~ a~a~, ' ' ; inured ~ inmd ~ the ~ gain ~ 1~ ~ , by wh~ I ~ is ~ p~ent ~ ~ ~ of a p~n~pa] which h~ re~d me. (b) ~e me~u~ ~f~e my ~en~ ~d ~ nat~ 0f my ~nflic~ng in~rasC i~ ~e ~u~ is ~ ~o]lows: NOTICE: UNDER PROVISIONS OF FLORIDA STATU'r~ §112.317, A FAILUi2E TO ~ ANY REQUIRED DISCLO- SURE CONSTITD'r~-S GROUNDS FOR AND MAY BE pUNISHED BY ONE OR MORE OF THE FOLLOWING: I~PEA~. REMOVAL OR SUSPF. NSION FROM OF~'ICE OR EMPLOYM!~'T, DEMOTION, REDUCTION I~ SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,00o. PAGE 2 CE FORM 89 - REV. 1/95 FORM 8B. MEMORANDUM OF VOTING ,CONFLICT FOR COUNT , MUNICIPAL, AND OTHER. LOCAL PUBLIC OFFICERS A''~- l~l/,t J/- w,/~ ~ u~ ~~ WHO MUST FILE FORM 8B c~, ~8~, auth~W, ~ ~it~. It app~i~ ~ually ~ m~ of ad~ ~d ~-~ ~ who ~ p~n~ ~ a ~ng ~n~ ofin~rest un~r ~ 1~.3143, FIo~d~ ~m~s, Your re~n~fli~s un~ the law ~en ~ ~ v~nE on a me~ in ~i~ y~ ~ a ~ic~ of in~r~ ~1 va~ ~y ~n~ on whether you hold a~ o]~ or ap~in~ve ~fion. For ~is re~ ploa~ ~y ~o~ at~n~ ~ ~e ms~on~ o~ INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES which inures to his or her ~e~J~ priv~t~ gain or loss, E~h oloctad ~ a me~e w~ inure ~ ~e s~ g~n ~ ]~ ~ ~ p~n~ (oth~ t~ a ~vo~t ~en~) by whom he ~ she is ~ned (i~hi~ the ~nt ~g~on ~ ~&~ ~ a ~a~ p~i~ by w~ he or she F~ p~s offs ~w, a ~la~ve' include ~ the office~s ~t~r. ~er, ~n, ~. h~, ~fe, ~r, ~s~r, father- P~OR ~ ~ VO~ BR~G T~N by publicly ~ng ~ ~ ~bly the na~ ~ your in~ in ~ meagre on ~ 15 DAYS ~R ~ V~ ~C~ ~ ~e~ ~d filing this f~ ~ the ~ ms~n~b~ for r~ordlng V~ w~ BE T~N: · · You m~ complm~ ~d file ~S fo~ ~f~ m~ng ~y ~t~mpt ~ influen~ the d~on) ~th ~e pewon re~n~ble for ~ng ~e ~nu~s ~t~ m~ng, who ~]1 i~a~ ~e f~ i~ the minu~a. · A copy ~ the f~ mu~ ~ p~ imm~ly ~ the ~h~r . ~ f~ mu~ ~ ~ p~icly at the ~ m~ ~r ~a fo~ ie ~led, ~ ~M 88 - REV. IF YOU MAKE NO ATTIc- -MI~T T~ INFLUENCE THE DECISION EXCEl~ BY D~U~IO~ AT ~ M~G: · You mu~ ~ ~]y th~ ~ ~ ~c~ in ~o m~e ~f~ ~pa~. ~nu~s of ~ m~fi~, who m~ i~ ~o fo~ in ~e ~nu~s. A ~py of ~ f~ m~ ~ ~o~d imme~ly ~ ~ ~r m~ ~ ~ ~, ~d ~ f~ must ~ ~ ~b]idy at ~e ne~ ~gng ~ the f~ is filed. DISCLOSURE OF LOCAL OFFJCEI~S INTERF-ST (~ A me~re ~e or ~l] ~ ~ my ~en~ whi~ (check one) .. inu~ ~ my ~ ~vs~ ~n ~ I~; inured ~ ~e ~al g~n or I~s ~my ~lafive, ' / (b) ~e me~u~ ~e my ~n~ ~d ~e natu~ of my ~nflic~nt in~rcs~ in ~e m~u~ ia ~ follows: