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07-16-1996 Council Meeting MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA TUESDAY, JULY 16, 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 calked to order by Vice Mayor Rogers-Libert at 6:00 p.m. Present were Councilmembers Jay Beskin, Ken Cohen, Harry Holzberg, Jeffrey Perlow, Vice Mayor Patricia Rogers-Libert, City Manager Eric M Soroka, City Attorney Richard Weiss and Acting City Clerk Teresa M. Smith. Mayor Arthur Snyder and Councilmember Arthur Berger were absent. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Mrs. Grossman led the pledge of allegiance. 3. ZONING HEARING: A. HEARING NUMBER 96-7-ACC-1 APPLICANT: TURNBERRY COUNTRY CLUB LOCATION: 19999 WEST COUNTRY CLUB DRIVE REQUEST: (1) MODIFICATION OF A PREVIOUSLY APPROVED SITE PLAN. (2) NON-USE VARIANCE OF PARKING REQUIREMENTS TO PERMIT 800 PARKING SPACES (1085 PARKING SPACES REQUIRED) (3) UNUSUAL USE TO PERMIT OUTDOOR DINING. (4) MODIFICATION OF THE AVENTURA CRITERIA BOOK. (5) NON-USE VARIANCE OF PARKING REGULATIONS REQUIRING PARKING SPACES TO BE LONGER AND WIDER. Mr. Soroka read for the record the applicant's request for deferral of this matter to the August 20, 1996 Council meeting. Joseph G. Goldstein, Esq., 1221 Brickell Avenue, Miami, representing the applicant, requested permission to re-advertise pursuant to Dade County procedures, should applicant so choose, at applicant's sole expense. A motion to defer this item until the August 20, 1996 Council meeting and to allow the applicant to re-advertise, at applicant's sole expense, was offered by Councilmember Cohen and seconded by Councilmember Holzberg. The motion passed unanimously by voice vote. 4. APPROVAL OF MINUTES: A motion to approve the minutes of the July 2, 1996 workshop meeting and regular meeting was offered by Councilmember Beskin and seconded by Councilmember Cohen. The motion passed unanimously by voice vote and the minutes were approved as submitted. 5. AGENDA: There were no changes to the agenda. 6. SPECIAL PRESENTATIONS: None 7. CONSENT AGENDA: Councilmember Beskin requested removal of items 7B and 7C. Councilmember Cohen requested removal of items 7D, 7E and 7F. Councilmember Perlow offered a motion to approve the remainder of the Consent Agenda. The motion was seconded by Councilmember Holzberg, unanimously passed by roll call vote and the following ordinance was passed on first reading: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF OCCUPATIONAL LICENSE TAX; PROVIDING FOR TERM OF LICENSES; PROVIDING FOR AFFIDAVIT OF APPLICANT; PROVIDING FOR LICENSE NOT TO PROTECT LICENSEE IN COURT PROCEEDINGS; PROVIDING FOR PENALTIES; PROVIDING FOR GROUNDS FOR DENIAL; PROVIDING OR APPEAL FROM DENIAL OF LICENSE; PROVIDING REVOCATION OF LICENSE; REQUIRING DISPLAY OF LICENSE; PROVIDING FOR UNCLASSIFIED CATEGORIES; REQUIRING OCCUPATIONAL LICENSES FOR BUSINESS USES CONDUCTED FROM RESIDENTIAL HOMES; ESTABLISHING OCCUPATIONAL TAX SCHEDULE LICENSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF OCCUPATIONAL TAX PROVISIONS PROVIDED BY METRO-DADE COUNTY CODE SEC. 8A-224, ET SEQ. AND AN EFFECTIVE DATE. B. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR A BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS UPON CLASS "C" COMMERCIAL ADVERTISING SIGNS (INCLUDING BILLBOARDS) WITHIN THE CITY LIMITS OF THE CITY OF AVENTURA; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF MORATORIA PROVISIONS OF SECTION 33-319, ET SEQ. OF THE METROPOLITAN DADE COUNTY CODE FOR THE CLASS "C" SIGN MATTERS ADDRESSED HEREIN, A motion to approve the ordinance was offered by Councilmember Beskin and seconded by Councilmember Perlow. The motion passed unanimously by roll call vote. C. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING A PORTION OF THE SIGN CODE OF AVENTURA, FLORIDA, PROVIDING FOR THE REGULATION OF TEMPORARY POLITICAL SIGNS; PROVIDING FOR REMOVAL OF IMPROPER SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES; PROVIDING FOR REPLACEMENT OF COUNTY TEMPORARY POLITICAL SIGN REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the ordinance was offered by Councilmember Beskin and seconded by Councilmember Holzberg. Councilmember Beskin moved to amend the ordinance to include in Section 1.03(b) "unimproved lots." The amendment was seconded by Councilmember Perlow and unanimously passed. Councilmember Cohen moved to amend the ordinance to provide an effective date of January 1, 1997. The amendment was seconded by Councilmember Perlow and unanimously passed. Councilmember Perlow moved to provide in the ordinance that no political signs may be put up prior to 60 days before the primary election. The amendment was seconded by Councilmember Cohen and passed 4-1, with Councilmember Holzberg voting no. Vice Mayor Rogers-Libert moved to amend the ordinance to include a "whereas" clause provding that Council understands that all rules and regulations of condominium associations must be adhered to with respect to these regulations. The motion was seconded by Councilmember Holzberg and unanimously passed. After unanimous roll call vote, the ordinance, as amended, was passed on first reading. D. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF O'LEARY DESIGN ASSOCIATES, P.A. TO PERFORM PROFESSIONAL LANDSCAPE ARCHITECT SERVICES FOR THE CITY; ACCEPTING AND OTHERWISE AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA FLORIDA, ON BEHALF OF SAID CITY, TO NEGOTIATE THE TERMS AND FEES FOR SAID WORK; AUTHORIZING NEGOTIATION WITH ALTERNATE FIRMS TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. A motion to adopt the resolution was offered by Councilmember Beskin and seconded by Councilmember Holzberg. The motion passed unanimously and Resolution No. 96-24 was adopted. E. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF KEITH AND SCHNARS, P.A. TO PERFORM GENERAL PROFESSIONAL ENGINEERING SERVICES FOR THE CITY; SELECTING THE FIRM OF C.A.P. ENGINEERING SERVICES TO PERFORM BUILDING INSPECTION SERVICES; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO NEGOTIATE THE TERMS AND FEES FOR SAID WORK; AUTHORIZING NEGOTIATION WITH ALTERNATE PROFESSIONAL ENGINEERING FIRMS TO 4 PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. A motion to adopt the resolution was offered by Councilmember Beskin and seconded by Councilmember Holzberg. The motion passed unanimously and Resolution No. 96-25 was adopted. Council directed the City Manager to issue a new RFP for building department services by January 1, 1997. F. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, DESIGNATING THE RHODES INSURANCE GROUP AS THE CITY'S GROUP INSURANCE BROKER/CONSULTANT; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO EXECUTE AN AGENT OF RECORD LETTER; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion to adopt the resolution was offered by Councilmember Holzberg and seconded by Councilmember Beskin. The motion passed unanimously and Resolution No. 96-26 was adopted. After a brief recess, the meeting resumed at 7 p.m. 8. PUBLIC HEARINGS: A. Mr. Weiss 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. Vice Mayor Rogers-Libert opened the public hearing. A motion to enact the ordinance was offered by Councilmember Beskin and seconded by Councilmember Holzberg. Mr. George Berlin, 1940 NE 194th Drive, North Miami Beach, addressed Council. There being no further speakers, the Vice Mayor closed the public hearing. The motion passed unanimously by roll call vote and Ordinance No. 96-09 was enacted. B. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE CREATION OF THE CITY OF AVENTURA BEAUTIFICATION, RECREATION 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. Vice Mayor Rogers-Libert opened the public hearing. A motion to enact the ordinance was offered by Councilmember Holzberg and seconded by Councilmember Cohen. Mr. George Berlin and Mr. Lionel Sokolov, 3530 Mystic Point Drive, addressed Council, after which time the public hearing was closed. The motion passed unanimously by roll call vote and Ordinance No. 96-10 was enacted. 9. RESOLUTIONS: None. 10. REPORTS: MAYOR AND COUNCIL: After motion made by Councilmember Cohen, seconded by Councilmember Perlow and unanimously passed, Mayor and Council reports were tabled. CITY MANAGER: Mr. Soroka updated Council as to hurricane evacuation pick-up points, FPL street lighting accounts and introduced Jaye M. Epstein as the City's Director of Community Development. Mr. Weiss updated Council as to the status of legal services provided to the City to date. 11. OTHER BUSINESS: The following resolution was read by title and considered by Council: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AMENDING RESOLUTION NO. 96-18 WHICH DID ADOPT THE COMPREHENSIVE COUNCIL MEETING AND AGENDA PROCEDURES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to adopt the resolution was offered by Councilmember Beskin and seconded by Councilmember Perlow. After extensive discussion, a motion to table the resolution was offered by Councilmember Beskin, seconded by Councilmember Holzberg and unanimously passed. The following members of the public addressed Council: Mr. George Feffer, 2851 NE 183rd Street; Mr. Lionel Sokolov, Mr. George Berlin and Mr. Paul Libert, 21155 Helmsman Drive #M14. 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: 20th day ~,f August, ~996 Arthur I. Snyder, Mayor ~ Teresa M. Smith, 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, made 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.