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02-03-1998 Council MeetingMINUTES CITY COUNCIL MEETING TUESDAY, FEBRUARY 3, 1998 6:00 P.M. Columbia Aventura Medical Arts Building 21110 Biscayne Boulevard Suite 101 Aventura, Florida 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, and Mayor Snyder, City Manager Eric M Soroka, City Clerk Teresa M. Smith, and City Attorney Stephen Jay Helfman. Vice Mayor Jay R. Beskin was absent. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Ms. Smith 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. COSCAN WATERWAYS, INC. - Request for Deferral A motion to defer this item indefinitely was offered by Councilmember Rogers- Libert, seconded by Councilmember HoIzberg and unanimously passed. B. AVENTURA'S FINEST HAND CAR WASH - Request fOr Extension A motion to defer this item until the February 17, 1998 Council meeting was offered by Councilmember Rogers-Libert, seconded by Councilmember Perlow and unanimously passed. 4. APPROVAL OF MINUTES: A motion to approve the minutes of the January 20, 1998 Council Meeting was offered by Councilmember Cohen, seconded by Councilmember Rogers-Libert and passed unanimously. 5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None 6. SPECIAL PRESENTATIONS: None. 7. CONSENT AGENDA: A. Mr. Helfman read the title to the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA PROVIDING FOR DUAL DESIGNATION OF NORTHEAST 37TM AVENUE AS NORTHEAST 37TM AVENUE AND YACHT CLUB DRIVE WITHIN THE CITY OF AVENTURA; REQUESTING MIAMI-DADE COUNTY TO APPROVE AND IMPLEMENT SUCH DUAL DESIGNATION; 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 Berger, unanimously passed and Resolution No. 98-15 was adopted. 8. PUBLIC HEARINGS: - ORDINANCES - FIRST READING A. Mr. Helfman 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 "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 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. A motion for approval was offered by Councilmember Cohen and seconded by Councilmember Rogers-Libert. Mayor Snyder opened the public hearing. The following individuals addressed Council: George Berlin, 1940 NE 194th Drive; and Jane Fagan, Esq., Leibowitz & Associates, One Southeast Third Avenue. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. 2 B. Mr. Helfman 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 "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS"; PROVIDING PURPOSE; PROVIDING DEFINITIONS; PROVIDING APPLICABILITY; PROVIDING GENERAL REQUIREMENTS AND MINIMUM STANDARDS; PROVIDING PERMITTED USES ON PUBLIC PROPERTY; PROVIDING PERMITTED USES ON PRIVATE PROPERTY; PROVIDING SPECIAL EXCEPTION USE; PROVIDING EQUIPMENT STORAGE; PROVIDING REMOVAL OF ABANDONED ANTENNAS AND TOWERS; PROVIDING NONCONFORMING USES; RESIDENTS; PROVIDING SEVERABILITY, INCLUSION DATE. PROVIDING PROTECTION FOR PENALTIES; PROVIDING FOR IN THE CODE AND AN EFFECTIVE A motion for approval was offered by Councilmember Cohen and seconded by Councilmember Rogers-Libert. Mayor Snyder opened the public hearing. Ms. Fagan addressed Council. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. 9. PUBLIC HEARINGS: ORDINANCES- SECOND READING: A. Mr. Helfman 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 PARKS TO PROVIDE PRIORITY TO CITY RESIDENTS; ESTABLISHING A FEE SCHEDULE FOR NON RESIDENTS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. A motion for approval was offered by Councilmember Cohen and seconded by Councilmember Holzberg. Mayor Snyder opened the public hearing. The following individuals addressed Council: Albert De Armas, 18801 Collins Avenue; Robert Jordan, Commodore Plaza; Mr. Berlin; Debbie Lazar, 3625 N. Country Club Drive; and Lionel Socolov, 3530 Mystic Point Drive. There being no further speakers, the public hearing was closed. The motion for approval passed 5- 1 by roll cell vote with Councilmember Rogers-Libert voting no and Ordinance No. 98-02 was enacted. B. Mr. Helfman read the following ordinance by title: 3 AN .ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING SECTION 1 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. A motion for approval was offered by Councilmember Cohen and seconded by Councilmember Berger. Mayor Snyder opened the public hearing. Thers being no speakers, the public hearing was closed. The motion for approval was unanimously passed by roll call vote and Ordinance No. 98-03 was enacted. 10. OTHER BUSINESS: 11. 12. 13. NAMING OF NEW HIGH SCHOOL (Councilmember Cohen). A motion was offered by Councilmember Perlow, seconded by Councilmember Rogers-Libert and unanimously passed to recommend to the School Board that the new high school be named in honor of Dr. Michael Krop. REPORTS: As submitted. PUBLIC COMMENTS: Mr. Socolov; Mr. Jordan; and Rubin Steiner, W. Country Club Drive. ADJOURNMENT. There being no further business to come before Council at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 7:10 p.m. ~(,L~'~'-',?~ ~~,/ ? Teresa M Smith, CMC, City Clerk Approved by Council on February 17, 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. 4