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11-05-1996 Council Meeting MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA TUESDAY, NOVEMBER 5, 1996 - 6 P.M. COLUMBIA AVENTURA 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 p.m. Present were Councilmembers Arthur Berger, Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Vice Mayer Patricia Rogers-Libert, Mayor Arthur I. Snyder, City Manager Eric M. Soroka, City Attorneys Stephen J. Helfman, David M. Wolpin, Richard Jay Weiss and City Clerk Teresa M. Smith. (Messrs. Wolpin and Weiss arrived at 6:45 p.m.) As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Roy Cohn led the pledge of allegiance. 3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M. Pursuant to the request of Mr. Soroka, a motion to continue Item 3.D. to November 19, 1996 was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Perlow and unanimously passed. B. (Taken out of order) As a condition of zoning approval for Hearing Number 96-6-ACC-1 (95-541), the applicant, Town Tavern of Aventura, Inc. and Hooters Of Aventura, Inc., requested approval of a landscape plan. Mayor Snyder opened the public hearing. Kit Klingensmith, representative of the applicant, and Jaye Epstein, Community Development Director, addressed Council relative to this request. Mayor Snyder closed the public hearing after completion of all presentations in accordance with Ordinance 96-09. After discussion, a motion was offered by Councilmember Beskin, seconded by Vice Mayor Rogers-Libert and unanimously passed to continue this hearing until November 19, 1996, pending applicant's submittal of a revised landscape plan, which plan would also be reviewed by the City's Landscape Architect. A. As a condition of zoning approval for Hearing No. 96-4-35 (95-336), the applicant, Aventura Acquisition Corp., requested approval of a landscape plan. Councilmember Beskin reiterated his potential conflict of interest for the reason that the property which is the subject of this zoning hearing is at the building in which the law firm of which he is a partner is located and the name of the law firm is to appear on one or more signs requested in this application. He absented himself from the proceedings and thus did not participate in or vote on this matter. Mayor Snyder opened the public hearing. Stanley Price, Esq., 701 Brickell Avenue, representative of the applicant, addressed Council. There being no further speakers, the public hearing was closed upon completion of all presentations in accordance with Ordinance No. 96-09. A motion to approve the landscape plan was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Holzberg and unanimously passed (6-0, with Councilmember Beskin abstaining). C. Hearing Number 96-7-ACC-1 (95-660). The applicant, Turnberry Country Club, requested: (1) modification of previously approved plans showing revisions to the existing country club with an increase of 128 units in the proposed hotel; (2) non-use variance of parking requirements to permit 800 parking spaces (1,085 parking spaces required); (3) unusual use to permit outdoor dining; (4) modification of the Aventura Criteria Book; and (5) non-use variance of parking regulations requiring parking spaces to be 8.5' wide by 18' long; to vary same to permit certain spaces to be 7.5' wide by 15' long. Mayor Snyder opened the public hearing. Joseph Goldstein, Esq., representing the applicant, addressed Council and submitted for the record revised plans dated October 10, 1996. The following individuals addressed Council relative to this application: Bruce Brosch, 2600 Douglas Road, Architect for the applicant; Jeff Bass Esq., 46 SW 1St Street; Manny Grossman, 20301 West Country Club Drive, and Jens Grafe, Turnberry. There being no further speakers and upon completion of all presentations in accordance with Ordinance No. 96-09, the public hearing was closed. A motion to approve the request, as modified, subject to conditions as set forth by City and County staff and approved by Council, including the construction schedule as submitted by the applicant, was offered by Councilmember Beskin, seconded by Vice Mayor Rogers- Libert and unanimously passed. 7. SPECIAL PRESENTATIONS: (Taken out of order) A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA BEAUTIFICATION ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. Mayor Snyder introduced the appointees to the Beautification Advisory Board, as follows: Janice Albin, Richard Brooks, Bob Diamond, Dr. Henry Diamond, Pat Robinson, Fanny-Fraynd Singer and Ruby Steiner. A motion to adopt a resolution approving the appointees was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Perlow, unanimously passed and Resolution No. 96-47 was adopted. B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA RECREATION AND CULTURAL ARTS ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. Mayor Snyder introduced the appointees to the Recreation and Cultural Arts Advisory Board, as follows: Rhoda Bernstein, Ruth Demming, Dr. Joseph Hardy, William W. Heiberger, Irving Kanowitz, Janet Laine, and Donna Miller. A motion to adopt a resolution approving the appointees was offered by Vice Mayor Rogers- Libert, seconded by Councilmember Perlow, unanimously passed and Resolution No. 96-48 was adopted. 3. D. Hearing Number 96-10-ACC-2 (96-281) Continued. E. Hearing Number 96-11-ACC-1 (96-203). The applicant, P.C.T. Biscayne Boulevard, requested: (1) modification of previously-modified covenant; (2) modification of Resolution 4-ZAB-71-91, modified by Resolution 4-ZAB-156-92 and last modified by Resolution 4-ZAB-325-93 to allow the applicant to submit new plans showing the proposed expansion; (3) non-use variance of landscaped open space requirements to permit the proposed landscaped open space area of 12.02% (13.5% required); (4) non-use variance of parking requirements to permit 1,909 parking spaces (1,930 parking spaces required) previously approved 1,398 parking spaces (1,567 parking spaces required); and (5) special exception of spacing requirements as applied to alcoholic beverage uses to permit a wine bar & cigar store to be spaced less than the required 1,500' from other existing alcoholic beverage uses and spaced less than 2,500' from a school and religious facility. Mayor Snyder opened the public hearing. Judith Berk, Esq., 201 Biscayne Boulevard, representing the applicant, addressed Council and advised that the applicant withdraws requests nos. 3 and 4. Mr. Al Torres, Metropolitan Dade County, addressed Council. There being no further speakers, the public hearing was closed upon completion of all presentations in accordance with Ordinance No. 96-09. A motion to approve the request, including the request to withdraw items 3 and 4, was made by Councilmember Perlow, seconded by Vice Mayor Rogers- Libert and unanimously passed. F. Hearing Number 96-11-ACC-2 (96-383). The applicant, Aventura Commons Associates, Ltd., requested a special exception of spacing requirements as applied to alcoholic beverage uses to permit a proposed package liquor store in a shopping center spaced less than the required 1,500' from another existing liquor establishment and spaced less than the required 2,500' from an existing religious facility. Mayor Snyder opened the public hearing. Jeff Bercow, Esq., 200 South Biscayne Boulevard; Eric Kelly, on behalf of the applicant; and Lionel Socolov, 3530 Mystic Point Drive, addressed Council. There being no further speakers, the public hearing was closed upon completion of all presentations in accordance with Ordinance No. 96-09. A motion was offered by Councilmember Cohen, and seconded by Vice Mayor Rogers-Libert to approve the request, subject to the conditions as set forth by City and County staff and approved by Council, including the condition that the closing hour be 10 p.m. Monday thru Saturday except from December 18th - January 1st of each year at which time closing will be 11 p.m., or as otherwise provided by law. The closing hour on Sunday shall be 9 p.m., or as otherwise provided by law. The motion passed unanimously. (At this time, Council recessed for five minutes) 4. MOTION TO APPOINT VICE MAYOR. A motion to appoint Arthur Berger as Vice Mayor was offered by Councilmember Rogers-Libert, seconded by Councilmember Holzberg and unanimously passed. 5. APPROVAL OF MINUTES: A motion was offered by Councilmember Rogers- Libert and seconded by Councilmember Cohen to approve the minutes of the October 14, 1996 Workshop Meeting and October 16, 1996 Council Meeting, subject to the City Clerk's review of the tape of the October 16th meeting for possible inclusion of a motion relative to the enactment of the BellSouth Telecommunications ordinance. The motion passed unanimously. 6. AGENDA: Councilmember Rogers-Libert requested continuance of Agenda Item 9.A. to the Council meeting of December 3, 1996. The motion was seconded by Councilmember Beskin and unanimously passed. Councilmember Berger requested removal of Agenda Item 8.F from the Consent Agenda. Councilmember Beskin requested removal of Agenda Item 8.1. from the Consent Agenda. 8. CONSENT AGENDA: Mr. Weiss read the title of Agenda Items 8.H., 8.J. and 8.K. A motion to approve the Consent Agenda was offered by Councilmember Cohen, seconded by Councilmember Rogers-Libert and unanimously passed. Thus, the following action was taken: A. Resolution No. 96-49 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 15414.13 STORMWATER MANAGEMENT UTILITY AND WORK AUTHORIZATION NO. 15414.08 PHASE 1 PRIMARY GIS DATA BASE FOR 4 PROFESSIONAL ENGINEERING SERVICES BY AND BETWEEN THE CITY OF AVENTURA AND KEITH AND SCHNARS, P.A.; AND PROVIDING AN EFFECTIVE DATE. B. Resolution No. 96-50 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED SUBORDINATION OF CITY UTILITY INTERESTS FOR PARCEL NO. 103.5R AND SUBORDINATION OF CITY UTILITY INTERESTS FOR PARCEL NO. 103.4R BY AND BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. C. Resolution No. 96-51 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ADOPTING "THE CITY OF EXCELLENCE" AS THE CITY OF AVENTURA'S SLOGAN; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 96-52 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT FOR PROFESSIONAL LEGISLATIVE RELATIONS AND LOBBYING SERVICES BETWEEN THE CITY OF AVENTURA AND RONALD L. BOOK, ESQ. AND PROVIDING AN EFFECTIVE DATE. E. Resolution No. 96-53 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA ADJUSTING THE 1995/96 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. G. Resolution No. 96-54 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY BY AND BETWEEN THE CITY OF AVENTURA AND LOLA THOMAS, TRUSTEE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. The following ordinances were passed on first reading: H. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA DESIGNATING THE CITY COUNCIL AS THE LOCAL PLANNING AGENCY FOR THE CITY OF AVENTURA; PROVIDING FOR TRANSMITTAL; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. J. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-'18, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1996/97 FISCAL YEAR BY REVISING THE '1996197 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. K. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING AN INTERIM IMPACT FEE SCHEDULE FOR POLICE SERVICES; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING DEFINITIONS; PROVIDING FOR IMPACT FEES IN GENERAL; PROVIDING FOR IMPACT FEE COMPUTATION FORMULA; PROVIDING FOR EXEMPTIONS; PROVIDING FOR IMPACT FEE EXPENDITURES; PROVIDING FOR ESTABLISHMENT OF IMPACT FEE FUND; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. L. The following motion was passed: MOTION TO APPROVE LEASE PROPOSAL FOR POLICE DEPARTMENT AT AVENTURA SHOPPING CENTER 2960 AVENTURA BOULEVARD IN ACCORDANCE WITH CITY MANAGER'S RECOMMENDATION. F. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA SELECTING THE FIRM OF NABORS, GIBLIN & NICKERSON, P.A, TO SERVE AS BOND COUNSEL; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT; AGREEING TO THE SCOPE OF SERVICES AND FEES CONTAINED IN SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. After extensive discussion as to the selection process, a motion to reject the recommendation of Administration and to direct the City Manager to make a recommendation from those firms ranked 2, 3 and 4 was offered by Vice Mayor Berger. The motion died for lack of a second. A motion to adopt the resolution was offered by Councilmember Perlow and seconded by Councilmember Rogers-Libert. The motion passed 5-2, with Vice Mayor Berger and Mayor Snyder voting no and Resolution No. 96-55 was adopted. I. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A REQUIREMENT FOR ALL BUILDING CONTRACTORS CONDUCTING BUSINESS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF AVENTURA TO REGISTER WITH THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Councilmember Beskin suggested that the terms "Contractor" and "Qualifier" be clarified in the ordinance prior to second reading. A motion to approve the ordinance on first reading was offered by Councilmember Perlow, seconded by Councilmember Rogers-Libert and unanimously passed. 9. PUBLIC HEARINGS: ORDINANCE - SECOND READING: Continued 10. RESOLUTIONS: NONE 11. OTHER BUSINESS: A motion was offered by Councilmember Cohen, seconded by Councilmember Rogers-Libert and unanimously passed that any member of the City Council can request that a proclamation be issued so long as it is with the knowledge and consent of the City Council; and that if the proclamation is to be issued other than at an Aventura City Council meeting, the members of the City Council are to be given 72 hours' advance notice of the time and location of the issuance of the proclamation. 12. REPORTS: Topics of discussion included Council Committee assignments, Founders Day activities, the Aventura Update Newsletter, review of landscaping plans by the City Architect, Florida League of Cities' Legislative Conference, agenda format and summary of recent workshops. 13. PUBLIC COMMENTS: The following individuals addressed Council: Jacob Gelfand, Biscayne Lake Gardens; George Feffer, 2851 NE 183rd Street; and Lionel Socolov. 14. ADJOURNMENT. There being no further business to come before Council, after motion made, seconded and unanimously passed, the meeting was adjourned. Teresa M. Smith, CMC, ~ity Clerk Approved by Council on November 19, 1996. Anyone wishing to appeal any decision made by the City Council with respect to any matter considered at a meeting or beadng will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the prcceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.