11-04-1997 Council Meeting MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, NOVEMBER 4, 1997 6:00 P.M.
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLOR/IDA
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Arthur I. Snyder. Present ware Councilmembers Arthur Berger, Ken Cohen,
Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Jay R. Beskin,
Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City
Attorney Stephen J. Helfman. As a quorum was determined to be present, the
meeting commenced.
2. PLEDGE OF ALLEGIANCE: George Katzman 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. APPLICANT: MAGEN DAVID CONGREGATION OF FLORIDA, INC.
Mr. Helfman read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA APPROVING A
RELEASE OF A PREVIOUSLY APPROVED
DECLARATION OF RESTRICTIVE COVENANTS
AND A PREVIOUSLY APPROVED AGREEMENT
TO PERMIT THE PROPERTY TO BE USED AS A
SYNAGOGUE/RELIGIOUS FACILITY FOR
PROPERTY LOCATED BETWEEN MYSTIC POINT
BOULEVARD AND THE INTRACOASTAL
WATERWAY, NORTH OF THE WILLIAM LEHMAN
CAUSEWAY; APPROVING A MODIFICATION OF A
PREVIOUSLY APPROVED RESOLUTION TO
PERMIT THE DEVELOPMENT OF THE PROPERTY
AS A SYNAGOGUE/RELIGIOUS FACILITY;
GRANTING A NON-USE VARIANCE TO PERMIT
THE CONSTRUCTION OF A RELIGIOUS FACILITY
ON A SITE THAT DOES NOT CONTAIN A
MINIMUM OF TWO AND ONE-HALF (2 ½) ACRES
OF LAND AREA; GRANTING A NON-USE
VARIANCE TO WAIVE THE REQUIRED MINIMUM
ONE HUNDRED FIFTY (150) FEET OF
CONTIGUOUS FRONTAGE ABUTTING A PUBLIC
STREET RIGHT-OF-WAY WHERE A PROVISION
OF ZERO (0) FEET IS PROPOSED; GRANTING A
NON-USE VARIANCE TO WAIVE THE
REQUIREMENT FOR PARKING FACILITIES TO BE
PROVIDED AND MAINTAINED WITHIN THE LAND
AREA OF EVERY CHURCH SITE WHERE THERE
ARE PORTIONS OF THE PARKING LOT LOCATED
OUTSIDE OF THE SUBJECT PROPERTY;
GRANTING A NON-USE VARIANCE TO WAIVE SIX
(6) FEET OF THE REQUIRED FIFTEEN (15) FOOT
INTERIOR SIDE SETBACK WHERE THE
ADJACENT PROPERTY IS ZONED RU WHERE A
PROVISION OF NINE (9) FOOT IS PROPOSED;
GRANTING A NON-USE VARIANCE TO WAIVE
THE REQUIRED DECORATIVE MASONRY WALL
AT LEAST FIVE (5) FEET IN HEIGHT TO BE
CONSTRUCTED ON THE BUSINESS LOTS ALONG
THE COMMON PROPERTY LINE SEPARATING A
BU DISTRICT FROM AN RU DISTRICT WHERE NO
WALL IS PROPOSED; GRANTING A NON-USE
VARIANCE TO WAIVE FIVE (5) FEET OF THE
REQUIRED SEVEN (7) FOOT LANDSCAPE
BUFFER FOR ALL PARKING LOTS THAT ABUT A
PRIVATE ROAD WHERE A PROVISION OF TWO
(2) FEET IS PROPOSED; GRANTING A NON-USE
VARIANCE TO WAIVE TWENTY-EIGHT (28) OF
THE MINIMUM REQUIRED ONE HUNDRED AND
ONE (101) PARKING SPACES WHERE A
PROVISION OF SEVENTY-THREE (73) PARKING
SPACES IS PROPOSED; PROVIDING AN
EFFECTIVE DATE.
Mayor Snyder opened the public headng Jaye M Epstein Community Development
Director, explained the application to Council. The following individuals addressed
Council after being duly sworn by the City Clerk: Lionel Socolov, 3530 Mystic Point
Drive; Leonard Brenner, 19355 Turnberry Way; Rubin Steiner, 20301 W. Country
Club Drive; Hyman Kriss, 1301 NE Miami Gardens Drive; and Alan Rosenthal, Esq.
representing the applicant. There being no further speakers, the public headng was
closed. A motion to approve the request was offered by Councilmember Cohen, and
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seconded by Councilmember Holzberg, subject to each of the conditions listed in the
staff's recommendations and the following additional conditions: 1) Applicant to
enter into and provide offsite parking agreement prior to issuance of building permit;
2) covenant to run with land that property is restricted to religious use only; 3)
subject to construction of a wall along the northerly property line. The motion
passed and Resolution 97-76 was adopted.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the October 21,
1997 Council Meeting was offered by Councilmember Rogers-Libert, seconded by
Councilmember Holzberg and unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS:
Councilmember Berger requested removal of item 7-A from the Consent Agenda.
Councilmember Cohen requested removal of item 7-B from the Consent Agenda.
6. SPECIAL PRESENTATIONS: Elaine Adler, President of the Aventura Marketing
Council, with Cesar Phillips and George BeHin, presented the City with a photograph
of the Aventura softball team and a cake in honor of the City defeating the Marketing
Council 18-10 in a recent charity softball game held on October 26, 1997 and
challenged the City to a rematch.
7. CONSENT AGENDA: Mr. Soroka explained each item on the Consent Agenda. A
motion for approval was offered by Councilmember Rogers-Libert, seconded by Vice
Mayor Beskin and unanimously passed, thus the following action was taken:
C. The following motion was approved:
MOTION TO RATIFY CITY MANAGER'S RE-
APPOINTMENTS OF JUDGE ALFRED (FRED)
NESBITT AND HERBERT L KLIGER, J.D. AS
SPECIAL MASTERS PURSUANT TO ORDINANCE
NO. 96-14 WHICH DID ESTABLISH THE CODE
ENFORCEMENT PROCESS
The following items were removed from the Consent Agenda and addressed separately:
A. Mr. Helfman read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, CONCERNING LIVE-ABOARD VESSELS;
PROVIDING ENVIRONMENTAL, SANITARY AND
HABITABILITY REQUIREMENTS FOR LIVE-
ABOARD VESSELS; PROVIDING FOR INVENTORY
AND INSPECTIONS; PROVIDING FOR
CERTIFICATE OF USE; PROVIDING FOR
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ADDITIONAL RESTRICTIONS UPON LIVE-ABOARD
VESSELS WITHIN THE CITY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR PENALTY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Beskin and seconded by
Councilmember Cohen. A motion to amend section 1.02 to provide that inspections
be conducted to insure compliance with the provisions of the ordinance was offered
by Councilmember Berger, seconded by Councilmember Rogers-Libert and
unanimously passed. A motion was offered by Councilmember Berger, seconded
by Councilmember Perlow and unanimously passed that section 1.05 be amended
to delete the words "the living quarters of'. A motion was offered by
Councilmember Berger, seconded by Councilmember Perlow and unanimously
passed to amend section 1.04(a) to provide unless the vessel "can be" connected
to a .... sanitation device. A motion was offered by Councilmember Cohen and
seconded by Councilmember Holzberg to amend section 1.06 to provide that
marinas must register with the City vessels docked for 30 days or more. A
substitute motion was offered by Mayor Snyder and seconded by Councilmember
Rogers-Libert that marinas must register with the City vessels docked for 15 days
or more. The substitute motion passed unanimously. The motion for approval, as
amended, passed unanimously.
B. Mr. Helfman read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, ADJUSTING THE
1996/97 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;
AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Councilmember Rogers-Libert, seconded by
Vice Mayor Beskin, unanimously passed and Resolution No. 97-11 was adopted.
8. 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, AMENDING
ORDINANCE NO. 97-25, WHICH ORDINANCE
ADOPTED A BUDGET FOR THE 1997/98 FISCAL
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YEAR BY REVISING THE 1997/98 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 ORDINANCE; PROVIDING FOR AN
EFFECTIVE DATE.
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. A motion for approval was offered by Councilmember Rogers-
Libert, seconded by Councilmember Perlow, unanimously passed by roll call vote
and Ordinance No. 97-28 was enacted.
B. Mr. Helfman read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA REPEALING ORDINANCE NO. 96-33
WHICH PROVIDED FOR THE CREATION OF THE
CITY OF AVENTURA PLANNING ADVISORY
BOARD; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. The following individual addressed
Council: Mr. Socolov. There being no further speakers, the public hearing was
closed. A motion for approval was offered by Councilmember Cohen, seconded by
Councilmember Rogers-Libert, passed 4-3 by roll call vote with Councilmember
Berger, Vice Mayor Beskin and Mayor Snyder voting no and Ordinance No. 97-29
was enacted.
9. RESOLUTIONS:
Mr. Helfman read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, SELECTING THE
FIRMS OF MICHAEL A. SHIFF & ASSOCIATES
AND ARQUITECTONICA INTERNATIONAL, INC.
TO PERFORM PROFESSIONAL ARCHITECTURAL
SERVICES RELATIVE TO RFQ NO. 97-9-24-2,
DESIGN OF GOVERNMENT CENTER, POLICE
FACILITY, AND CULTURAL CENTER;
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 NEGOTIATIONS
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WITH ALTERNATE FIRM TO PERFORM THE
REQUIRED SERVICES SHOULD NEGOTIATIONS
WITH SELECTED FIRMS BE UNSUCCESSFUL;
AND PROVIDING AN EFFECTIVE DATE.
Architects Michael Shift and Bemard Forte-Brescia; Bob Hanes, June Stevens,
20412 NE Del Vista Court; Paul Libert, 21155 NE Helmsman Drive; Art Grossman,
20100 W. Country Drive; and Ron Blumberg addressed Council. A motion for
approval was offered by Councilmember Rogers-Libert, seconded by
Councilmember Berger, unanimously passed and Resolution No. 97-78 was
adopted.
10. OTHER BUSINESS: None
11. REPORTS: As submitted.
12. PUBLIC COMMENTS: Robert Jordan, Commodore Plaza; Mr. Socolov; Harvey
Burke.
13. ADJOURNMENT. There being no further business to come before Council at this
time, after motion made, seconded and unanimously passed, the meeting adjourned
at 9p.m.
Teresa M. Smith, CMC, City Clerk
Approved by Council on November 18, 1997.
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 ensurethat a
verbatim record of the proceedings if made, which record includes the testimony and evidence upon which
the appeal is to be based.
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