06-18-1996 Council Meeting MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, JUNE 18, 1996 - 6 P.M.
AVENTURA HOSPITAL MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Snyder
at 6:00 p.m. Present were Councilmembers Arthur Berger, Jay Beskin, Ken Cohen, Harry
Holzberg, Jeffrey Perlow, Vice Mayor Patricia Rogers-Libert and Mayor Arthur Snyder. Also
present were City Manager Eric M. Soroka, City Attorney Richard Jay Weiss and Acting City
Clerk Teresa M. Smith. As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Mr. Miles Kuttler led the pledge of allegiance.
3. ZONING HEARINGS:
All witnesses giving testimony in the zoning hearings were sworn in by the Acting City
Clerk.
A. HEARING NUMBER 96-6-ACC-1 (95-54D. The applicant, Town Tavern of
Aventura, Inc. and Hooters of Aventura, Inc. requested: 1) a special exception to permit a
bar/lounge in connection with a restaurant; 2) a special exception of spacing requirements as
applied to alcoholic beverage uses to permit a bar/lounge in a shopping center spaced less than
the required 2,500' from a religious facility and school and spaced less than the required 1,500'
from an existing alcoholic beverage establishment; and 3) an unusual use to permit outdoor patio
and table service in connection with a restaurant located at 20301 Biscayne Boulevard.
Mr. Bruce Arthur, 800 Douglas Entrance, Coral Gables; Mr. Reinaldo Villar, Metropolitan
Dade County Assistant Director for Zoning and Permitting, 111 NW 1st Street, Miami; and Mr.
David Lageschulte, 2624 Schreiber Drive, Ft. Myers, addressed Council. A motion to approve
the applicant's request was offered by Councilmember Perlow and seconded by Vice Mayor
Rogers-Libert, subject to the following conditions: 1) as set forth in the County's zoning
evaluation, with Council's approval of a landscaping plan; 2) as set forth in condition #1 provided
by the County Department of Planning, Development and Regulation; 3) that no plastic or paper
is to be utilized outside; and 4) that the noise level may be re-evaluated at any time by Council.
The motion passed unanimously by roll call vote.
B. HEARING NO. 96-6-ACC-2 (95-555). The applicant, Jack Davis, Trustee,
requested: (1) rezoning from RU-3M to RU-5A and (2) a non-use variance of zoning regulations
requiring interior rights-of-way to be 50' wide; to vary same to permit a right-of-way of 20' on
the south side of NE 214th Street; or, in the alternative (3) non-use variance of setback
requirements to permit a proposed office building setback 10' from the side street property line,
located at the southeast corner of NE 214th Street and East Dixie Highway. Mr. Peter Weiner,
20300 West Country Club Drive, Mr. Jack Davis, 200 Atlantic Isle, Miami Beach and Mr.
Reinaldo Villar addressed Council. A motion was offered by Councilmember Cohen and
seconded by Councilmember Perlow to declare a finding of fundamental unfairness which would
arise from a strict application of the Comprehensive Plan and to approve the applicant's request
for rezoning from RU-3M to RU-5A and a non-use variance of setback requirements to permit
a proposed office building setback 10' from the side street property line, subject to final site plan
and landscaping approval by Council and relocation of the proposed trash dumpster. The motion
passed 6-1 by roll call vote, with Councilmember Berger voting no.
C. HEARING NO. 96-4-19(95-627). As continued from the May 7, 1996 Council
meeting, the applicant, Jiffy Lube International, requested a non-use variance of sign regulations
to permit 3 wall signs at 19505 Biscayne Boulevard. Jeffrey Olin, Esq., 100 Southeast 2nd,
Street, Miami, and George Berlin, 1940 NE 194th Drive, North Miami Beach, addressed Council.
Having passed the gavel during the previous hearing, a motion was offered by Mayor Snyder and
seconded by Councilmember Holzberg to approve the requested signs, as reflected on the plans
prepared by Sign Craft dated received by the County Zoning Department on June 18, 1996. The
motion passed, 4-3, with Councilmembers Cohen, Berger and Vice Mayor Rogers-Libert voting
no.
After a five minute recess, the meeting resumed.
4. APPROVAL OF MINUTES: A motion was offered by Vice Mayor Rogers-Libert and
seconded by Councilmember Beskin to approve the minutes of the workshop meeting and regular
meeting of June 4, 1996 with the following amendment to the minutes of the regular meeting:
to clarify Councilmember Beskin's report that his concern was safety of private driveways passing
over walkways to the fitness trail and safety on the south side of the Lehman Causeway. The
motion passed unanimously and the minutes were approved, as amended.
5. AGENDA: There were no changes to the agenda.
6. SPECIAL PRESENTATIONS: None
7. CONSENT AGENDA: A motion to approve the Consent Agenda was made by Vice
Mayor Rogers-Libert, and seconded by Councilmember Cohen. The motion passed unanimously
by roll call vote and the following action was taken:
Approved on first reading:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ADOPTING ORDINANCE CONCERNING
ZONING, PURSUANT TO SECTION 8.03 OF THE CITY
CHARTER, AMENDING METROPOLITAN DADE COUNTY
ZONING CODE AS APPLICABLE TO CITY OF AVENTURA
TO SUBSTITUTE CITY COUNCIL FOR COUNTY
AGENCIES AND OFFICIALS, DESIGNATING ZONING
OFFICIAL, PROVIDING FOR ZONING COMPLIANCE
REVIEW, PROVIDING FOR AUTHORITY OF CITY
COUNCIL; PROVIDING FOR SEVERABILITY, AND AN
EFFECTIVE DATE.
Adopted: RESOLUTION NO. 96-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA ESTABLISHING
COMPREHENSIVE COUNCIL MEETING AND AGENDA
PROCEDURES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
Adopted: RESOLUTION NO. 96-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, ESTABLISHING MONEY
PURCHASE RETIREMENT PLANS BY ADOPTING THE
ICMA RETIREMENT CORPORATION PROTOTYPE
MONEY PURCHASE RETIREMENT PLAN AND TRUST
PURSUANT TO THE SPECIFIC PROVISIONS OF THE
ADOPTION AGREEMENT, A COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF AS
EXHIBITS "A-l, A-2 AND A-3"; AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID PLAN AND TRUST, LOAN
GUIDELINES, AND ADMINISTRATIVE SERVICES
AGREEMENT ATTACHED HERETO AS EXHIBITS "B, C-l,
C-2 AND C-3, D-l, D-2, AND D-3" AUTHORIZING THE
CITY MANAGER TO TAKE ALL ACTIONS NECESSARY
TO IMPLEMENT THE PLANS; AND PROVIDING AN
EFFECTIVE DATE.
Adopted: RESOLUTION NO. 96-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, ESTABLISHING A DEFERRED
COMPENSATION PLAN BY ADOPTING THE ICMA
RETIREMENT CORPORATION DEFERRED
COMPENSATION PLAN, A COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF AS
EXHIBIT A; ADOPTING THE DECLARATION OF TRUST
OF THE ICMA RETIREMENT CORPORATION ATTACHED
HERETO AND MADE A PART HEREOF AS EXHIBIT B,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ADMINISTRATIVE SERVICES AGREEMENT ATTACHED
HERETO AS EXHIBIT "C" AUTHORIZING THE CITY
MANAGER TO TAKE ALL ACTIONS NECESSARY TO
IMPLEMENT THE PLANS; AND PROVIDING AN
EFFECTIVE DATE.
Adopted: RESOLUTION NO. 96-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO TRANSMIT FUNDS TO
THE STATE BOARD OF ADMINISTRATION FOR
INVESTMENT AND TO WITHDRAW SAID FUNDS AS
REQUIRED; PROVIDING AN EFFECTIVE DATE.
8. PUBLIC HEARINGS:
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING THE OPERATING
DEPARTMENTS OF THE CITY; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing and there being no discussion, closed the public
hearing. A motion to approve the ordinance was offered by Vice Mayor Rogers-Libert and
seconded by Councilmember Cohen. The motion passed unanimously by roll call vote and
Ordinance No. 96-06 was enacted.
B. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING GENERAL PURCHASING
REGULATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPLACEMENT OF PROVISIONS OF
METROPOLITAN DADE COUNTY CODE SECTION 2-8.1,
ET SEQ., PURSUANT TO CITY CHARTER SECTION 8.03;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing and there being no discussion, closed the public
hearing. A motion to approve the ordinance was offered by Councilmember Perlow and
seconded by Councilmember Cohen with the following amendment: Section 1.B.(iii) to read as
follows: ... Except as exempted by paragraph (C~i ~.~.~! below, ... The motion passed
unanimously by roll call vote and Ordinance No. 96-07 was enacted.
9. RESOLUTIONS: None
10. REPORTS:
MAYOR AND COUNCIL:
Vice Mayor Rogers-Libert discussed transportation funding and thc quality of services
provided by the County to the City regarding zoning hearings.
Councilmember Berger discussed green spaces and parks in the City, the tour of FIU to
be scheduled for Council and a possible cultural arts partnership with FIU.
Councilmember Cohen discussed roadway striping, televising Council meetings and the
employees' benefits package.
Mayor Snyder discussed in detail the municipal revenue sharing plan proposed by Dade
County.
12. PUBLIC COMMENTS: (Taken out of order) The following individuals addressed
Council: June Stevens, 20412 NE Del Vista Court; Ginger Grossman, 20100 W. Country Club
Drive; and George Feffer, 2851 NE 183rd Street, Aventura.
CITY MANAGER: Mr. Soroka updated Council as to the following items: the new
offices; 4th of July fireworks; right-of-way trenching and excavation permits for cable companies;
establishment of Community Development Department; employment applications; Beautification
and Cultural Arts Advisory Board Ordinance; and revenues. He then introduced Robert Sherman
as the City's Director of Community Services.
CITY ATTORNEY: Mr. Weiss discussed the attorney's correspondence to Council
regarding occupational license tax; he provided Council sample legislation as to regulation of
newsracks, provided a status as to the solid waste franchise ordinance and the master transition
agreement.
11. OTHER BUSINESS
A. MOTION TO ADOPT STREET LIGHTING SERVICES
POLICY AS FOLLOWS:
STREET LIGHTING SERVICES POLICY - THE CITY OF
AVENTURA SHALL PROVIDE, THROUGH FLORIDA
POWER & LIGHT, AND ASSUME THE COST OF STREET
LIGHTING SERVICES AS THE CITY MANAGER DEEMS
NECESSARY IN THE PUBLIC RIGHTS-OF-WAY WITHIN
THE BOUNDARIES OF THE CITY. THE CITY MANAGER
IS DIRECTED TO PROVIDE FOR AN ORDERLY
TRANSFER OF THESE RESPONSIBILITIES AND
ASSOCIATED COSTS RELATED TO STREET LIGHTING
IN EXISTING PUBLIC RIGHTS-OF-WAY CURRENTLY
UNDER THE JURISDICTION OF NON-GOVERNMENTAL
ENTITLES OR ASSOCIATION.
THE CITY MANAGER IS ALSO AUTHORIZED TO
INITIATE A STUDY TO DETERMINE AREAS OF THE
CITY WHERE ADDITIONAL STREET LIGHTING IN
PUBLIC AREAS IS REQUIRED.
A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by
Councilmember Holzberg, subject to inclusion of the following: Developers of new projects will
be required to make arrangements with FPL, at their cost, to provide for street lighting within
public rights-of-way and the City will assume the ongoing electricity charges once the street
lights have been installed. The motion passed unanimously.
At the request of Representative Sally Heyman, Councilmember Beskin announced a
Town Hall meeting to discuss the 1996 Legislative Report on Monday, June 24, 1996 at 7 p.m.
at the McDonald Center in North Miami Beach.
13. ADJOURNMENT: There being no further business to come before Council, after motion
made, seconded and unanimously passed, the meeting adjourned.
Appr?~ed by Counc~jl on the Respectfully submitted:
2nd '~ ~ uly, 1,~ ~
Arthur I. ~Snyder, ~ayo~ Teresa M. Smith,-CMC, Acting City Clerk
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.
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