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01-07-1997 Council Meeting MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA TUESDAY, JANUARY 7, '1997 7 P.M. COLUMBIA AVENTURA MEDICAL ARTS BUILDING 21110 BISCAYNE BOULEVARD SUITE 101 AVENTURA, FLORIDA t. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Arthur Snyder at 7 p.m. Present were Councilmembers Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Arthur Berger, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorney Richard Jay Weiss. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Amy Erez led the pledge of allegiance. 3. APPROVAL OF MINUTES: Mayor Snyder requested that the minutes of the December 17, 1996 Council meeting be amended to reflect his absence was due to illness. Councilmember Perlow requested that item 9 be amended to provide that the property owners making the dedication be contacted regarding naming the park Aventura Founders Park. A motion to approve the minutes, as amended, was offered by Councilmember Rogers-Libert, seconded by Councilmember. Holzberg and unanimously passed. 4. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: Councilmember Cohen requested that items 6.A. and 6.B. be removed from the Consent Agenda. 5. SPECIAL PRESENTATIONS: None. 6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Councilmember Rogers-Libert, seconded by Vice Mayor Berger and unanimously passed. Thus, the following action was taken: C. Resolution No. 97-0'1 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ADJUSTING 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 RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mr. Weiss read the title to the following ordinances, which were unanimously passed on first reading: D. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-18, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1996197 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. E. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE SOUTH FLORIDA BUILDING CODE AS THE BUILDING CODE FOR THE CITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. A. 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 AGREEMENT BETWEEN THE CITY OF AVENTURA AND METROPOLITAN DADE COUNTY TO PROVIDE A COMMUNITY DRUG & CRIME PREVENTION PROGRAM; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the resolution was offered by Councilmember Rogers-Libert, seconded by Vice Mayor Berger, unanimously passed and Resolution No. 97-02 was adopted. B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 96-12-23-2, COUNTRY CLUB DRIVE DRAINAGE IMPROVEMENTS, TO M. VlLA & ASSOCIATES, INC., AT THE BID PRICE OF $41,364; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the resolution was offered by Councilmember Beskin, seconded by Councilmember Holzberg, unanimously passed and Resolution No. 97-93 was adopted. 7. PUBLIC HEARINGS: ORDINANCES - SECOND READING: A. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING REGULATIONS GOVERNING THE REMOVAL OF CANINE FECAL MATTER FROM PUBLIC AND CERTAIN PRIVATE PROPERTY, REQUIRING CANINES TO BE LEASHED ON PUBLIC AND CERTAIN PRIVATE PROPERTY, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Snyder opened the public headng and there being no speakers, the public headng was closed. A motion to amend the ordinance to provide that the provision relative to leashing will not be enforced prior to 8 a.m. and after 9 p.m. was offered by Vice Mayor Berger. The motion died for lack of a second. A motion to approve the ordinance, subject to an amendment to section 1 .D. to provide that it shall be unlawful to keep any unleashed canine in or upon any public property in the City, was offered by Councilmember Beskin, seconded by Councilmember Rogers-Libert, unanimously passed by tell call vote and Ordinance No. 97-01 was enacted. Council requested that the City Manager notify residents of this ordinance. B. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA 3 REPEALING ORDINANCE NO. 96-26; GRANTING TO BELLSOUTH TELECOMMUNICATIONS, INC. A NON- EXCLUSNE FRANCHISE IN THE CITY OF AVENTURA; AUTHORIZING BELLSOUTH TELECOMMUNICATIONS, INC. TO USE THE PUBLIC RIGHTS-OF-WAY AND STREETS OF THE CITY, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE EQUIPMENT THEREON AND THEREUNDER; PROVIDING FOR A FRANCHISE FEE; PROVIDING THE TERMS AND CONDITIONS .OF SUCH GRANT; PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. Mr. Wilbur T. Holloway and Dorian Denberg, Esq., representatives of BellSouth Telecommunications, addressed Council. There being no further speakers, the public hearing was closed. Councilrnember Holzberg requested that the record reflect his desire for a provision in the ordinance stating that all installation of equipment be underground. A motion to approve the ordinance w~ offered by Councilmember Rogers-Libert, seconded by Councilmember Cohen, unanimously passed by roll call vote and Ordinance No. 97-02 was enacted. BellSouth agreed to provide, in writing, that where possible, equipment will be installed underground. C. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; ESTABLISHING PROHIBITIONS AGAINST EXCESSIVE NOISE; PROVIDING FOR DEFINITIONS; ESTABLISHING PROHIBITED ACTS; REQUIRING PERMITS FOR SPECIAL EVENTS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATION; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. The following speakers addressed Council: Jeffrey Bercow, 200 S. Biscayne Boulevard; George Berlin, 1940 NE 194~ Drive; and Stanley Price, Esq., 701 Brickell Avenue. There being no further speakers, the public hearing was closed. After discussion, a motion to continue second reading of this ordinance to February 4, 1997 was offered by Councilmember Cohen, seconded by Councilmember Rogers-Libert and unanimously passed. The City Manager was directed to place this matter on the agenda for the January 27, 1997 Council 4 Workshop. 8. RESOLUTIONS: NONE 9. OTHER BUSINESS: DISCUSSION AND POSSIBLE ACTION TO PREPARE A RESOLUTION URGING THE STATE LEGISLATURE TO ENACT LEGISLATION PROHIBITING THE USE OF CELLULAR TELEPHONES WHILE OPERATING A MOVING MOTOR VEHICLE (Councilmember Cohen) After discussion, a motion to adopt a resolution urging the State Legislature to enact legislation prohibiting the use of cellular telephones while operating a moving motor vehicle was offered by Councilmember Cohen and seconded by Councilmember Holzberg. The motion died. A motion to defer this matter until the January 21, 1997 Council meeting, and obtain data from Metropolitan Dade County relative to their position on this issue, was offered by Vice Mayor Berger, seconded by Councilmember Beskin and unanimously passed. 10. REPORTS: 11. PUBLIC COMMENTS: Mr. George Berlin addressed Council. 12. ADJOURNMENT. There being no further business to come before Council, after motion made, seconded and unanimously passed, the meeting adjourned at 8:10 p.m. Teresa M. Smith, CMC, City Clerk Approved by Council on January 21, 1997. Anyone wishing to appesJ ecy decision made by the City Council with respect to any matte~ considered at a meeting or hearing wilt need a record of the proceedings and, for such purpose, may need to ecsum that a va'oatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to he based.