02-17-1998 Council Meeting MINUTES
CITY COUNCIL MEETING
TUESDAY, FEBRUARY 17, 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 J. Helfman and Richard Jay Weiss. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Susan Fried 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 ware 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 SPECIAL EXCEPTION APPROVAL
TO CHEESECAKE FACTORY, INC. 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.
Mayor Snyder opened the public hearing. The following individuals addressed
Council: Jaye M. Epstein, Community Development Director; Nancy Terminello,
Esq., 2700 SW 37 Avenue; and George Berlin, 1940 NE 194th Drive. There
being no further speakers, the public hearing was closed. A motion for approval
was offered by Councilmember Rogers-Libert and seconded by Councilmember
Berger, subject to the following conditions: 1) operating hours shall be 11:30
a.m. - 11:00 p.m. Monday - Thursday and Sunday; and 11:30 a.m. - 12:30 a.m.
on Friday and Saturday; 2) requirements of Section 33-150(e)(4) of the Dade
County Code be met; 3) the operating hours for the cocktail lounge-bar shall not
extend beyond those of the restaurant. The motion for approval passed
unanimously and Resolution No. 98-16 was adopted.
B. Mr. Helfman read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE ERECTION,
CONSTRUCTION AND OPERATION OF A GOVENMENTAL FACILITY
AS A DESIGNATED PERMITTED USE IN A ZONING DISTRICT ON
THOSE CERTAIN PARCELS OF LAND AS DESCRIBED IN EXHIBIT
"A" ATTACHED HERETO LOCATED AT THE NORTHEAST CORNER
OF WEST COUNTRY CLUB DRIVE AND NE 190 STREET AND A
CONTIGUOUS PARCEL OF LAND LOCATED SOUTH OF NE 190
STREET IN THE CITY OF AVENTURA, OTHERWISE KNOWN AS
FOUNDER'S PARK; PROVIDING FOR RELEASE OF RESTRICTIONS;
PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. Mr. Epstein addressed Council.
There being no further speakers, the public hearing was closed. A motion for
approval was offered by Councilmember Rogers-Libert and seconded by
Councilmember Berger. Mr. Helfman requested that the record reflect that the
release of restrictions apply to the subject property only. The motion for
approval was unanimously passed and Resolution No. 98-17 was adopted.
C. MOTION TO APPROVE LANDSCAPE PLAN SUBMITTED BY
APPLICANT, CHABAD HOUSE OF NORTH DADE, INC. IN
ACCORDANCE WITH THE THE PROVISIONS OF RESOLUTION NO. Z-
96-10-ACC-2 ADOPTED ON NOVEMBER 19, 1996
Mayor Snyder opened the public hearing. The following individuals addressed
Council: Mr. Epstein; Stanley Price, Esq., 701 Brickell Avenue; Mendel Gorin,
21304 West Dixie Highway; and the Vice President of the Synagogue. 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 unanimously passed. Council requested that the City Manager and
staff review the applicant's file as to the progress of this application and report
back to Council with a list of outstanding items and existing violations, if any, and
a timeframe for completion.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the January 28,
1998 Town Hall Meeting and the February 3, 1998 Council Meeting was offered by
Councilmember Rogers-Libert, seconded by Councilmember Berger and passed
unanimously.
$, AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None
6. SPECIAL PRESENTATIONS: None.
Mayor Snyder requested that Agenda item 7-F be addressed at this time.
F. 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 BY AND BETWEEN THE
CITY OF AVENTURA AND 183rd STREET ROAD CORPORATION FOR
THE DEDICATION OF NE 183RD STREET TO 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 Berger and seconded by
Councilmember Holzberg. George Feffer, Admirals Port and Joseph Goldstein,
Esq., 1221 Brickell Avenue, addressed Council. The motion passed unanimously,
and Resolution No. 98-18 was adopted.
7. CONSENT AGENDA: Councilmember Cohen requested removal of items 7. D. and
7.E. from the Consent Agenda. Councilmember Perlow requested removal of items
7.A. and 7.G. from the Consent Agenda. A motion to approve the Consent Agenda
was offered by Councilmember Rogers-Libert, seconded by Councilmember
Holzberg, unanimously passed and the following action was taken:
B. Resolution No. 98-19 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, URGING THE MIAMI-DADE COUNTY SCHOOL
BOARD TO NAME THE NEW HIGH SCHOOL IN NORTHEAST MIAMI-
DADE COUNTY THE "DR. MICHAEL KROP HIGH SCHOOL"; AND
PROVIDING FOR AN EFFECTIVE DATE.
C. Mr. Weiss read the following ordinance by title which was approved on
first reading.
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-25, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 1997/98 FISCAL YEAR
BY REVISING THE 1997198 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 ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
The following items were removed from the Consent Agenda and addressed separately:
A. 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 POLICE BOAT DOCK LICENSE
AGREEMENT BETWEEN WILLIAMS ISLAND ASSOCIATES, LTD. 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 wes offered by Councilmember Perlow, seconded by
Councilmember Rogers-Libert, unanimously approved and Resolution No. 98-20
was adopted. Council requested that the City Manager and City Attorney negotiate
an increase in indemnification provision if feasible.
Mayor Snyder passed the gavel to Vice Mayor Beskin at this time for the remainder
of the meeting.
D. 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 BY AND BETWEEN THE
CITY OF AVENTURA AND MIAMI-DADE COUNTY AND/OR MIAMI-
DADE COUNTY FIRE RESCUE BOARD FOR A FIRE RESCUE
FACILITY; 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 wes offered by Councilmember Perlow, seconded by
Councilmember Berger, unanimously passed, and Resolution No. 98-21 was
adopted.
E. Mr. Weiss read the following resolution by title:
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 98-2-9-2, AVENTURA FOUNDERS PARK
DEVELOPMENT, TO M. VlLA & ASSOCIATES, INC. AT THE BID
PRICE OF $1,913,680.25 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.
A motion for approval was offered by Councilmember Rogers-Libert, seconded by
Councilmember Berger, unanimously passed and Resolution No. 98-22 was
adopted.
G. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT BY AND BETWEEN THE
CITY OF AVENTURA AND LOCKHEED MARTIN IMS FOR
PARTICIPATION IN THE WELFARE TO WAGES PROGRAM;
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
Councilmember Cohen, unanimously passed and Resolution No. 98-23 was
adopted. Councilmember Rogers-Libert suggested that the City Manager inquire as
to whether or not the County utilizes a similar program and the feasibility of further
implementation by the City.
8. PUBLIC HEARINGS: ORDINANCES- SECOND READING:
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE THE CITY OF AVENTURA, FLORIDA AMENDING
THE CITY CODE OF ORDINANCES BY ADDING A NEW CHAPTER
ENTITLED "SATELLITE DISHES", PROVIDING FOR THE
REGULATION OF THE INSTALLATION, MAINTENANCE, AND USE OF
SATELLITE DISHES DESIGNED FOR OVER-THE-AIR RECEPTION OF
TELEVISION BROADCAST SIGNALS, MULTICHANNEL, MULTIPOINT
DISTRIBUTION SERVICE, DIRECT BROADCAST SATELLITES,
MULTIPOINT DISTRIBUTION SERVICE, INSTRUCTIONAL
TELEVISION FIXED SERVICE, AND LOCAL MULTIPOINT
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DISTRIBUTION SERVICE; DELEGATING REVIEW AUTHORITY AND
APPROVAL OF THE INSTALLATION OF SUCH DISHES TO THE CITY
MANAGER; PROVIDING FOR REPEAL; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE
DATE.
Vice Mayor Beskin opened the public hearing. The following individuals addressed
Council: Jane Fagan, Esq., Leibowitz & Associates, One Southeast Third Avenue
and proposed scrivener's changes to the ordinance; Mr. Berlin; Lionel Socolov, 3530
Mystic Point Drive; and Albert Zemlock, Del Vista Towers. There being no further
speakers, the public hearing was closed. A motion for approval was offered by
Councilmember Cohen and seconded by Councilmember Berger. A motion to
amend the ordinance as proposed by Attorney Fagan was offered by
Councilmember Rogers Libert, seconded by Councilmember Cohen and
unanimously passed. The motion for approval passed unanimously by roll call vote
and Ordinance No. 98-04 was enacted.
B. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
THE CITY CODE OF ORDINANCES BY ADDING A NEW CHAPTER,
ENTITLED "WIRELESS TELECOMMUNICATIONS TOWERS AND
ANTENNAS"; PROVIDING PURPOSE; PROVIDING DEFINITIONS;
PROVIDING APPLICABILITY; PROVIDING GENERAL
REQUIREMENTS AND MINIMUM STANDARDS; PROVIDING
PERMITTED USES ON PUBLIC PROPERTY; PROVIDING PERM~ i i ED
USES ON PRIVATE PROPERTY; PROVIDING SPECIAL EXCEPTION
USE; PROVIDING EQUIPMENT STORAGE; PROVIDING REMOVAL OF
ABANDONED ANTENNAS AND TOWERS; PROVIDING
NONCONFORMING USES; PROVIDING PROTECTION FOR
RESIDENTS; PROVIDING PENALTIES; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE
DATE.
Vice Mayor Beskin opened the public hearing. There being no speakers, the public
hearing was closed. A motion for approval was offered by Councilmember Cohen,
seconded by Mayor Snyder, unanimously passed by roll call vote and Ordinance
No. 98-05 was enacted.
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
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FOR THE CLASSIFICATION OF "ASTROLOGER, PSYCHIC,
FORTUNETELLER"; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR SEVERABIMTY; PROVIDING FOR AN EFFECTIVE
DATE.
Vice Mayor Beskin opened the public hearing. There being no speakers, the public
hearing was closed, A motion for approval was offered by Councilmember Rogers-
Libert, seconded by Councilmember Holzberg, unanimously passed by roll call vote
and Ordinance No. 98-06 was enacted.
9. OTHER BUSINESS: None.
10. REPORTS: As submitted.
11. PUBLIC COMMENTS: The following individuals addressed
Council: Robert Jordan, Commodore Plaza; Harry Crook, Commodore Plaza;
Mr. Socolov; and Dan Eichmann, Commodore Plaza.
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 8:40 p.m.
Teresa M. Smith, CMC, City Clerk
Approved by Council on March 3, 1998.
Anyone wishing to appeal any decision made bythe 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 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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