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08-05-1997 Agenda RecapCity of Aventura Arthur I. Snyder, Mayor i~ Jeffrey M. Perlow, Vice Mayor Councihnembers ~ ) Arthur Berger ~~'~'~/~ Jay R. Beskin Ken Cohen CglY of Exce Patricia Rogers-Libert Council Meeting August 5, 1997 6:00 P.M. RECAP AGENDA 1. CALL TO ORDER~ROLL CALL 2. PLEDGE OF ALLEGIANCE - George Berlin 3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL A. APPLICANT: AVENTURA MALL VENTURE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA GRANTING A SIGN VARIANCE FOR TEMPORARY SIGNS TO ANNOUNCE FUTURE TENANTS AT THE AVENTURA MALL LOCATED AT 19501 BISCAYNE BOULEVARD; AND PROVIDING AN EFFECTIVE DATE. Action taken: Approved with following amendments: 1) That the signs be removed upon the issuance of the CO or six months from date hereof, whichever shall occur first; 2) include in third Whereas clause "due to the substantial and unique nature of its expansion". B. APPLICANT: AVENTURA'S FINEST HAND CAR WASH, INC. August 5, 1997 Council Meeting A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA DENYING A USE VARIANCE FOR PROPERTY LOCATED AT 2890 NE 187TM STREET TO PERMIT AN OUTSIDE CAR WASH IN A PARKING LOT; DENYING A NON-USE VARIANCE TO WAIVE EIGHTEEN FEET (18') OF THE MINIMUM REQUIRED TWENTY FOOT SETBACK BETWEEN BUILDINGS WHERE A PROVISION OF TWO FOOT (2') SETBACK BETWEEN BUILDINGS IS PROPOSED; DENYING A NON-USE VARIANCE TO WAIVE THIRTY-FIVE (35) OF THE MINIMUM REQUIRED SIXTY-EIGHT PARKING SPACES WHERE A PROVISION OF THIRTY-THREE PARKING SPACES IS PROPOSED; AND PROVIDING AN EFFECTIVE DATE. Action taken: Approved with following amendments: 1) variance will expire when the property to the immediate east is no longer utilized as a marina; 2) owner of business to obtain a valid and written lease from the owner of the property, to be delivered to and filed with the City within 30 days from date hereof; 3) approval is personal to the applicant 4) landscaping to be installed within 90 days 5) DERM improvements completed within 180 days 6) Term of lease and variance shall be for 5 years and 30 days. 4. APPROVAL OF MINUTES: Council Meeting - July 1, 1997 Council Workshop July 7, 1997 Council Meeting - July 21, 1997 Action taken: Approved $. AGENDA: Request for Deletions/Emergency Additions Items 10 A.B.C. moved to Consent Agenda (Rogers-Libert). 7 Id. removed from Consent (Berger) ~5. SPECIAL PRESENTATIONS: None 7. CONSENT AGENDA: Action taken: Approved A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; ESTABLISHING A CODE OF ETHICS; PROVIDING A PENALTY; PROVIDING FOR August 5, 1997 Council Meeting SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF STUART SCHULMAN TO THE CITY OF AVENTURA BEAUTIFICATION ADVISORY BOARD IN ORDER TO FILL A VACANCY; AND PROVIDING AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLOR1DA, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF METROPOLITAN DADE COUNTY TO ABOLISH AND DISCONTINUE THE "BISCAYNE LAKE GARDENS STREET LIGHTING IMPROVEMENT SPECIAL TAXING DISTRICT" AND THE "AVENTURA JEWISH CENTER STREET LIGHTING SPECIAL TAXING DISTRICT," TO ENABLE THE CITY OF AVENTURA TO PROVIDE STREET LIGHTING SERVICES WITHIN SUCH SPECIAL TAXING DISTRICTS; AUTHORZING THE CITY MANAGER TO TAKE ALL ACTION REASONABLY NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 15414.30 ENTITLED "USER FEE PROGRAM PHASE H IMPLEMENTATION" FOR PROFESSIONAL ENGINEERING SERVICES BY AND BETWEEN THE CITY OF AVENTURA AND KEITH AND SCHNARS, P.A.; AND PROVIDING AN EFFECTIVE DATE. E. AN ORDINANCE OF THE CITY OF AVENURA, FLORIDA, ADOPTING ORDINANCE CONCERNING ZONING; PROVIDING FOR ADOPTION OF POLICY AND PROCEDURE CONCERNING NON-CONFORMITIES CREATED August 5, 1997 Council Meeting BY GOVERNMENTAL ACQUISITION OF PRIVATE PROPERTY; PROVIDING FOR DFINITIONS; PROVIDING VARIANCE MECHANISM FOR CURE OF NON-CONFORMITIES; PROVIDING FOR EXPEDITED PRELIMINARY REVIEW; REPLACING PROVISIONS OF SECTION 33-$5(E) OF METROPOLITAN DADE COUNTY ZONING CODE CONCERNING THE SAME SUBJECT MATTER; PROVIDING FOR SEVERAB/LITY; PROVIDING FOR AN EFFECTIVE DATE. F. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 15414.31 ENTITLED "AVENTURA FOUNDERS PARK PREPARATION OF FINAL CONSTRUCTION PLANS AND BID DOCUMENTS" BY AND BETWEEN THE CITY OF AVENTURA AND KEITH AND SCHNARS, P.A.; AND PROVIDING AN EFFECTIVE DATE. G. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF AVENTURA AND TRAFALGAR ASSOCIATES OF AVENTURA, LTl)., CONCERNING ROAD AND DRAINAGE RIGHT-OF-WAY AND IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. ti. MOTION TO AUTHORIZE THE CITY MANAGER TO IMPLEMENT THE PROCESS TO SELECT AN ARCHITECT FOR THE DESIGN OF GOVERNMENT CENTER, POLICE, AND CULTURAL FACILITIES. Action taken: Approved 8. PUBLIC HEARINGS: ORDINANCES - FIRST READING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, REPEALING ORDINANCE NO. 96-15; August 5, 1997 Council Meeting PROVIDING THE TERMS AND CONDITIONS FOR THE OPERATION OF CABLE TELEVISION SYSTEMS AND THE APPLICATION, PROCEDURES AND REQUIREMENTS RELATING TO THE GRANT OF FRANCHISES FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF CABLE TELEVISION SYSTEMS, EQUIPMENT AND FACILITIES IN, ON, ACROSS, ABOVE OR THAT IN ANY MANNER WHATSOEVER USE THE CITY'S PUBLIC RIGHTS OF WAYS AND TO ENSURE THAT USE OF THE CITY'S PUBLIC RIGHTS OF WAYS IS IN THE PUBLIC INTEREST AND IN CONFORMANCE WITH APPLICABLE LAW; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE AND EFFECTIVE DATE. Action taken: Approved on first reading 9. PUBLIC HEARINGS: ORDINANCES - SECOND READING: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A STORMWATER UTILITY SYSTEM FOR THE CITY; PROVIDING FOR DEFINITIONS; MAKING CERTAIN FINDINGS AND DETERMINATIONS; ESTABLISHING A STORMWATER UTILITY FEE; ESTABLISHING A METHOD AND PROCEDURE FOR THE COLLECTION OF STORMWATER UTIL1TY FEES; DIRECTING THE CITY MANAGER TO MAINTAIN CERTAIN RECORDS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Action taken: Enacted B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CODE OF THE CITY OF AVENTURA BY ADDING A NEW ORDINANCE ENTITLED "FLOOD DAMAGE PREVENTION"; PROVIDING FOR STATUTORY AUTHORITY AND LEGISLATIVE FINDINGS; PROVIDING AN INTENT AND PURPOSE; PROVIDING OBJECTIVES; PROVIDING DEFINITIONS; August 5, 1997 Council Meeting PROVIDING GENERAL PROVISIONS; PROVIDING ADMINISTRATIVE PROCEDURES AND STANDARDS; PROVIDING FOR FLOOD HAZARD REDUCTION; PROVIDING FOR VARIANCES AND APPEALS; PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Action taken: Enacted 10. RESOLUTIONS: Action taken: Approved on Consent Agenda A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA ENDORSING METROPOLITAN DADE COUNTY'S WAGES COALITION; AND PROVIDING AN EFFECTIVE DATE. (Councilmember Rogers-Libert) B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA ENDORSING THE CANDIDACY OF NORTH MIAMI BEACH VICE MAYOR JOHN KURZMAN FOR THE POSITION OF 2~ VICE PRESIDENT OF THE FLORIDA LEAGUE OF CITIES; AND PROVIDING AN EFFECTIVE DATE. (Councilmember Rogers-Libert) C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA SUPPORTING DADE COUNTY PUBLIC SCHOOLS AND CALLING UPON THE STATE OF FLORIDA LEGISLATURE TO HOLD A SPECIAL SESSION IN THE FALL OF 1997 TO DEVELOP AND PROVIDE THE FLEXIBILITY NEEDED BY ALL SCHOOL BOARDS IN THE STATE; AND PROVIDING AN EFFECTIVE DATE. (Couneilmember Rogers-Libert) 11. OTHER BUSINESS: DISCUSSION AND POSSIBLE MOTION - BILLBOARDS (Councilmember Berger) Action taken: Deferred to next workshop 6