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11-19-1996 Council Meeting MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA TUESDAY, NOVEMBER 19, 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 Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Vice Mayor Arthur Berger Mayor Arthur I. Snyder, City Manager Eric M. Soroka, City Attorney Richard Jay Weiss and City Clerk Teresa M. Smith. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Sharon Perlow led the pledge of allegiance. 3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M. Hearing Number 96-10-ACC-2 (96-281). The applicant, Chabad House of North Dade, Inc., requested: (1) modification of Resolution 5-ZAB-470-95 to allow for submittal of a revised plan showing the expansion of the previously-approved religious facility; (2) special exception to permit the expansion of the previously approved religious facility onto adjacent property; (3) non-use variance of building height requirements to permit the proposed religious facility with a building height of 36' (35' maximum permitted); (4) non-use variance of lot area and lot frontage requirements to permit the proposed religious facility on a parcel of land with an area of 1.14 acres (2.5 acres minimum required) (.52 acre previously approved) and a lot frontage of 80.85' (150' minimum required); (5) non-use variance of parking regulations to permit parking areas within 25' of the official right-of-way of NE 30~h Avenue (not permitted); (6) non-use variance of parking requirements to permit a total of 66 parking spaces (82 required); (7) non-use variance of setback requirements to permit the proposed religious facility to setback 1' (50' required) from the interior side (north) property line and setback varying from 5' to 5'2" (25' required) from the side street (south) property line (NE 210 street); and (8) non-use variance of zoning regulations requiring a half section line right-of-way to be 70'; to waive same to permit 30' (35' required) along the west side of NE 30 Avenue of the subject property. Mayor Snyder opened the public hearing. Stanley Price, Esq., 701 Brickell Avenue, representative of the applicant; Moises Gorin, N. Dixie Highway; Jaye Epstein, Community Development Director; Mark Ginsburg, Menorah Chapels; Rabbi Miler, Chabad House and Menorah Chapel; Roy Cohn, 19355 Turnberry Way; and Rabbi Brusowankin, addressed Council. There being no further speakers and upon completion of all presentations in accordance with Ordinance No. 96-09, the public hearing was closed. The applicant requested the withdrawal of request #6. A motion to grant the applicant's request to withdraw request #6 was made by Councilmember Beskin, seconded by Councilmember Cohen and unanimously passed (6-0). A motion to approve the request, as modified, subject to conditions as set forth by City and County staff and approved by Council was offered by Councilmember Perlow, seconded by Councilmember Cohen and unanimously passed (6-0). At this time, the meeting recessed for five minutes. 4. APPROVAL OF MINUTES: A motion was offered by Councilmember Pedow and seconded by Vice Mayor Berger to approve the minutes of the November 4, 1996 Workshop Meeting and the November 5, 1996 Council meeting. The motion passed unanimously. 5. AGENDA: Councilmember Pedow requested removal of Agenda Item 7.B. from the Consent Agenda. Mayor Snyder requested removal of Agenda Item 7.C. from the Consent Agenda. 6. SPECIAL PRESENTATIONS: NONE. 7. CONSENT AGENDA: Mr. Weiss read the title of Agenda Item 7.A. A motion to approve the Consent Agenda was offered by Councilmember Beskin, seconded by Councilmember Holzberg and unanimously passed. Thus, the following ordinance was passed on first reading: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $10,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF OBLIGATIONS OF THE CITY TO FINANCE, ON AN INTERIM BASIS, (A) THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY TO BE USED FOR PUBLIC PARKS AND RECREATION, A CITY GOVERNMENT CENTER AND POLICE STATION AND (B) THE DESIGN, CONSTRUCTION, EQUIPPING AND INSTALLATION OF PUBLIC FACILITIES AND IMPROVEMENTS ON SUCH REAL PROPERTY; PLEDGING THE PROCEEDS RECEIVED BY THE CITY FROM THE LEVY OF ITS UTILITY TAX ON UTILITY SERVICES PROVIDED IN THE CITY TO SECURE PAYMENT OF THE OBLIGATIONS; PROVIDING FOR A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM FUNDS TO PAY THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON THE OBLIGATIONS IN THE EVENT THE PROCEEDS OF SUCH UTILITY TAX ARE INSUFFICIENT TO PAY THE DEBT SERVICE ON THE OBLIGATIONS, WHEN DUE; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE NECESSARY AND EXPEDIENT ACTION TO OBTAIN FLORIDA POWER AND LIGHT FRANCHISE FEE REVENUES FROM METROPOLITAN DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE. (Councilmember Rogers-Libert arrived during this discussion.) A motion to approve this resolution was offered by Councilmember Perlow, seconded by Councilmember Beskin, unanimously passed (7-0) and Resolution No. 96-56 was adopted. C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING PROCEDURES FOR THE ISSUANCE OF PROCLAMATIONS; AND PROVIDING AN EFFECTIVE DATE. A motion was offered by Vice Mayor Berger and seconded by Councilmember Holzberg to amend the resolution to provide that approval of Proclamations be contingent on determination by Council that the subject is of major importance to the community. The motion failed. A motion to approve the resolution was offered by Councilmember Beskin and seconded by Councilmember Cohen. The motion failed and no action was taken on this resolution. 8. PUBLIC HEARINGS: ORDINANCES - SECOND READING: A. Mr. Weiss read the following ordinance by title: 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. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. A motion to approve the ordinance was offered by Councilmember Perlow, seconded by Councilmember Holzberg and unanimously passed (7-0) by roll call vote. Thus, Ordinance No. 96-27 was enacted. B. Mr. Weiss read the following ordinance by title: 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. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. A motion to approve the ordinance was offered by Councilmember Rogers-Libert, seconded by Councilmember Beskin, unanimously passed by roll call vote (7-0) and Ordinance No 96-28 was enacted. C. Mr. Weiss read the following ordinance by title 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 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 ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. Mayor Snyder opened the public hearing and there being no speakers, the public hearing was closed. A motion to amend the ordinance by increasing the Capital Outlay Beautification Projects line item by $500,000 and decreasing the Capital Reserve line item by a similar amount was offered by Councilmember Perlow, seconded by Councilmember Beskin and unanimously passed. A motion to approve the ordinance as amended was offered by Councilmember Beskin, seconded by Councilmember Rogers-Libert, unanimously passed by roll call vote (7-0) and Ordinance No 96-29 was enacted. D. Mr. Weiss read the following ordinance by title: 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. Mayor Snyder opened the public hearing. Leonard Brenner, 19355 NE 36th Court and Roy Cohn addressed Council. There being no further speakers, the public hearing was closed. A motion to approve the ordinance was offered by Councilmember Rogers-Libert, seconded by Vice Mayor Berger and unanimously passed by roll call vote (7-0). Thus, Ordinance No 96-30 was enacted. 9. RESOLUTIONS: NONE 10. OTHER BUSINESS: NONE 11. REPORTS: Mr. Soroka provided a summary of discussion at the Council Workshop on November 18, 1996. 12. PUBLIC COMMENTS: The following individuals addressed Council: Harry Crook, Commodore Plaza; Manny Grossman, 20335 West Country Club Drive; Chester Epstein, Mystic Point; and Roy Cohn. 13. ADJOURNMENT. There being no further business to come before Council, after motion made, seconded and unanimously passed, the meeting adjourned at 8:20 Teresa M. Smith, CMC, City Clerk Approved by Council on December 3, 1996. 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.