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07-02-1996 Council Meeting MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA TUESDAY, JULY 2, '1996 - 7 P.M. AVENTURA HOSPITAL MEDICAL ARTS BUILDING 2'1 '1 l0 BISCAYNE BOULEVARD SUITE '101 AVENTURA, FLORIDA 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Snyder at 7:00 p.m. Present were Councilmembers Arthur Berger, Jay Beskin, Ken Cohen, Harry Holzberg, Jeffrey Perlow, Vice Mayor Patricia Rogers-Libert, Mayor Arthur Snyder, City Manager Eric M. Soroka, City Attorney David Wolpin and Acting City Clerk Teresa M. Smith. As a quorum was determined to be present, the meeting commenced 2. PLEDGE OF ALLEGIANCE: Mrs. Marian Nesbitt led the pledge of allegiance. 3. APPROVAL OF MINUTES: A motion was offered by Vice Mayor Rogers-Libert and seconded by Councilmember Perlow to approve the minutes of the meeting of June 18, 1996 with the following amendments: condition #4 of approval in Zoning Hearing 3.A~ be amended to read: that the noise level may be re-evaluated at any time by Council; and an addition to Councilmember Berger's report that he discussed a cultural arts partnership with FlU. 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: Councilmember Beskin requested removal of item 7.A. Vice Mayor Rogers-Libert requested removal of items 7.B. and 7.C. A motion to approve the remainder of the Consent Agenda (item 7.D.) was made by Vice Mayor Rogers-Libert, and seconded by Councilmember Beskin. The motion passed unanimously and Resolution No. 96-22 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ADJUSTING THE 1995196 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; PROVIDING FOR AN EFFECTIVE DATE. A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA IMPLEMENTING THE PROVISIONS OF SECTION 286.0115, FLORIDA STATUTES, ('1995) TO ESTABLISH A PROCEDURE GOVERNING EX PARTE COMMUNICATIONS WITH LOCAL PUBLIC OFFICIALS CONCERNING QUASI-JUDICIAL MATTERS; PROVIDING ADOPTION OF QUASI-JUDICIAL HEARING PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the ordinance was offered by Councilmember Cohen and seconded by Vice Mayor Rogers-Libert. Councilmember Berger offered an amendment to the ordinance to include a definition of quasi-judicial proceedings. The amendment was seconded by Councilmember Holzberg and unanimously passed by voice vote. The motion to approve the ordinance on first reading was unanimously passed by roll call vote. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE CREATION OF THE CITY OF AVENTURA PLANNING AND ZONING BOARD; PROVIDING FOR CREATION, COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; DUTIES AND RESPONSIBILITIES; RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Wolpin noted various scrivener's errors in the ordinance which would be amended prior to second reading. A motion to approve the ordinance was offered by Councilmember Beskin and seconded by Councilmember Perlow, subject to the following amendments: section 4.A. of the ordinance to provide that the rules of procedure are to be in accordance with quasi- judicial procedures previously adopted by Council; and section I.A. to include that each member of the City Council may recommend appointments to the Mayor. The motion passed by roll call vote, 6-1, with Vice Mayor Rogers-Libert voting no. 2 C, Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE CREATION OF THE CITY OF AVENTURA BEAUTIFICATION AND CULTURAL ARTS ADVISORY BOARD; PROVIDING FOR CREATION; COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. A motion to approve the ordinance on first reading was offered by Councilmember Beskin and seconded by Councilmember Berger, subject to the following amendments: include "Recreation" in the name of the Board; section 2 to provide that the initial term of office shall be until November 3, 1997 and thereafter the term of office is one year; section I.A. to provide that each member of the City Council may recommend appointments to the Mayor; section 4.B. to provide that four affirmative votes are required for official action; section 5 to include that recommendations be provided to the City Manager and City Council, and the word "advise" changed to "advice." The motion passed unanimously by roll call vote. 8. PUBLIC HEARINGS: Mr. Wolpin read the following ordinance by title: 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. Mayor Snyder opened the public hearing. Mr. George Berlin, 1940 NE 194th Drive, North Miami Beach, addressed Council. There being no further comments from the public, Mayor Snyder closed the public hearing. A motion to approve the ordinance was offered by Councilmember Beskin and seconded by Vice Mayor Rogers-Libert, subject to the following amendment: the last sentence of section l(b) to read as follows: The authority of the Council to grant zoning variances, special exceptions, or to amend the provisions of the zoning codes or the Comprehensive Plan of the City shall not be delegated under this ordinance. The motion passed unanimously by roll call vote and Ordinance No. 96-08 was enacted. 9. RESOLUTIONS: None 10. REPORTS: MAYOR AND COUNCIL: Mayor Snyder's report included discussion relative to the revenue sharing issue proposed by Dade County and property available for purchase by the City. He requested the City Manager, Councilmember Cohen, Leonard Brenner and Bob Diamond to conduct an in depth investigation of every piece of property available for sale within the City and to report back to Council. A Council workshop was scheduled for August 19, 1996 at 9 a.m. to discuss the status of the master transition agreement with Dade County. The City Attorney was directed to issue a legal opinion as to the last date for passage of legislation to amend the City Charter for placement on the November ballot. Vice Mayor Rogers-Libert's report included discussion relative to revenue sharing. Councilmember Berger expressed his concern as to a new billboard under construction in the City. In addition, he discussed a cultural arts partnership with FlU and noted that the tour of FlU for Council has been scheduled for July 23, 1996 at 11 a.m. Councilmember Cohen's report included discussion as to signs and newsracks in the City, the library, and the receipt of updates from Council and the City Manager on pending items. Councilmember Holzberg reported on safety on the north service road adjacent to the Lehman Causeway, lighting on the fitness trail, and street lettering showing speed limits. Councilmember Perlow discussed the Planning and Zoning Board, the upcoming zoning hearing, and the need to meet with the Joint Council to discuss the possibility of the City undertaking certain activities presently provided by the Joint Council. CITY MANAGER: Mr. Soroka updated Council as to the status of the 4th of July fireworks and the logo and slogan contests. CITY ATTORNEY: Mr. Wolpin discussed the temporary sign ordinance. 11, OTHER BUSINESS: 4 Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING NOVEMBER 7TH OF EACH YEAR AS THE CITY OF AVENTURA FOUNDERS DAY; AUTHORIZING THE CITY MANAGER TO APPROPRIATE FUNDS IN THE ANNUAL BUDGET TO PLAN ACTIVITIES IN CONJUNCTION WITH THE COMMUNITY TO CELEBRATE THE OCCASION; PROVIDING FOR AN EFFECTIVE DATE. After discussion, a motion was offered by Councilmember Berger and seconded by Councilmember Holzberg to adopt the resolution. The motion passed unanimously by voice vote and Resolution No. 96-23 was adopted. 12. PUBLIC COMMENTS: The following members of the public addressed Council: Lionel Sokolov, 3530 Mystic Point Drive; Paul Libert, 21155 Helmsman Drive #M14; George Feffer, 2851 NE 183rd Street; June Stevens, 20412 NE Del Vista Court; and Jacob Gelfand, Biscayne Lakes Gardens. Discussion then ensued relative to billboards in the City. A motion was offered by Councilmember Perlow and seconded by Councilmember Cohen that Council address the issue of the construction of billboards in the City at this meeting on an emergency basis. The motion passed unanimously. A motion was then offered by Councilmember Cohen and seconded by Mayor Snyder to direct the City Attorney to prepare legislation providing for a moratorium on the construction of billboards in the City. The motion passed unanimously. The City Attorney was further directed to reseamh the permitting process for the billboard presently under construction. 13. ADJOURNMENT: There being no further business to come before Council, after motion made, seconded and unanimously passed, the meeting adjourned. Approved by Council on the Respectfully submitted: Art~u-'~. Sny~er,'~ ~ '-..~k.~ ~ & ~Y.._ a ~ 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.