02-04-1997 Council Meeting MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, FEBRUARY 4, '1997 7 P.M.
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
2'1'1'10 BISCAYNE BOULEVARD SUITE '10'1
AVENTURA, FLORIDA
1. 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: Lionel Socolov led the pledge of allegiance.
3. APPROVAL OF MINUTES: A motion to approve the minutes of the January 21, 1997
Council meeting was offered by Councilmember Rogers-Libert, seconded by Vice
Mayor Berger and unanimously passed.
4. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: Vice Mayor
Berger requested removal of item 6.A. from the Consent Agenda.
$. SPECIAL PRESENTATIONS: Mr. Weiss read the following resolution, by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT
OF MEMBERS TO THE CiTY OF AVENTURA PLANNING
ADVISORY BOARD; AND PROVIDING AN EFFECTIVE
DATE.
A motion to approve the resolution was offered by Councilmember Cohen, seconded
by Councilmember Holzberg, unanimously passed and Resolution No. 97-06 was
adopted.
The following members of the Planning Advisory Board were introduced by Mayor
Snyder and sworn in: Leonard Brenner, Jan Brooks, Roy Cohen, Marian Nesbitt,
Alvin Epstein, and William Landa. (Board member Margaret Reeves arrived later in
the meeting)
6. CONSENT AGENDA: Mr. Soroka reviewed the items on the Consent Agenda. A
motion to approve the Consent Agenda was offered by Councilmember Beskin,
seconded by Councilmember Cohen, unanimously passed, and the following action
was taken:
B. Resolution No. 97-07 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, SUPPORTING
MUNICIPAL JURISDICTION AND AUTHORITY OVER
LOCAL ROADS WITHIN MUNICIPAL BOUNDARIES;
AND PROVIDING AN EFFECTIVE DATE.
C. Resolution No. 97-08 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, URGING THE
FLORIDA LEGISLATURE TO ENACT LEGISLATION
TO REPEAL THE PREEMPTION LANGUAGE IN THE
FLORIDA CLEAN INDOOR AIR ACT AND RETURN
TO LOCAL GOVERNMENT THE RIGHT TO ENACT
AND ENFORCE TOBACCO-RELATED
ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE.
D. Resolution No. 97-09 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.
A. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA AWARDING AND
LETTING A BID/CONTRACT FOR BID NO. 97-1-13-2,
PAVEMENT REPAIR MAINTENANCE REMOVAL
REPLACEMENT; STORM DRAINAGE REPAIR
MAINTENANCE; CURB SIDEWALK REPAIRS; TO
COMMUNITY ASPHALT, INC., AT THE BID PRICES
CONTAINED IN EXHIBIT "A"; 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, subject to obtaining a criminal background check and
record of ownership of Community Asphalt, Inc. was offered by Vice Mayor Berger,
seconded by Councilmember Rogers-Libert, unanimously passed and Resolution No.
97-10 was adopted. The City Manager was directed to implement similar procedures for
background checks and obtaining records of ownership to be utilized in all future bid
awards.
7. PUBLIC HEARINGS: ORDINANCES - SECOND READING:
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA; REPEALING SECTION 2-11.1(s) OF THE
METROPOLITAN DADE COUNTY CODE; ENACTING
REGULATIONS GOVERNING LOBBYING
ACTIVITIES IN THE CITY; PROVIDING DEFINITIONS;
REQUIRING REGISTRATION OF LOBBYISTS;
PROVIDING FOR REGISTRATION FORMS;
REQUIRING FILING AND DISCLOSURE OF ANNUAL
EXPENDITURES; PRESCRIBING PENALTIES FOR
VIOLATION; PROVIDING A LOBBYIST
REGISTRATION FEE; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND 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 and Ordinance No. 97-05 was enacted.
B. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA; ESTABLISHING PROHIBITIONS AGAINST
EXCESSNE 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. Mr. George Berlin, 1940 NE 194th Drive; Mr.
Lionel Socolov, 3530 Mystic Point Drive; Jeffrey Bercow, Esq., 200 S. Biscayne
Boulevard; Stanley Price, Esq., 701 Brickell Avenue; Julie Israel, Villa Dorada; Margaret
Reeves, Madner Village; William Heiberger, 20379 W. Country Club Drive; and Keith
Marshall, 3602 Yacht Club Drive addressed Council. There being no further speakers,
the public hearing was closed. A motion to defer second reading of this ordinance and
place in on the agenda for discussion at the Council Workshop on February 12, 1997 at
10 a.m. was offered by Vice Mayor Berger, seconded by Councilmember Holzberg and
passed 5-2, with Councilmembers Rogers-Libert and Perlow voting no.
8. RESOLUTIONS:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA GRANTING A NON-
EXCLUSIVE UTILITY EASEMENT TO FLORIDA
POWER & LIGHT ("FPL"); AUTHORIZING THE CITY
MANAGER TO EXECUTE SUCH UTILITY EASEMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
Jeffrey Bercow and George Berlin addressed Council. Council expressed concerns
as to the placement of the transmission lines. A motion to defer adoption of the
resolution until February 18, 1997 was offered by Councilmember Cohen and
seconded by Councilmember Holzberg. An amendment to the motion to continue this
item until February 12, 1997 at 9 a.m. was offered by Councilmember Rogers-Libert,
seconded by Councilmember Holzberg and unanimously passed. The City Manager
was directed to request that a representative of Florida Power & Light be in
4
attendance on February 12th.
9. OTHER BUSINESS:
A. DISCUSSION AND POSSIBLE MOTION TO REQUEST
CITY MANAGER TO CONDUCT INTERNAL ROADWAY
STUDY FOR THE AREA SOUTH OF NE '187TM STREET
A motion to direct the City Manager to conduct an internal roadway study for the area
south of NE 187th Street for the purpose of studying alternative roadway links to
bypass Biscayne Boulevard and improve traffic conditions was offered by
Councilmember Perlow, seconded by Councilrnember Beskin and unanimously
passed.
]~. 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
After extensive discussion, a motion to direct the City Manager to prepare 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
failed, 3-4, with Councilmembers Cohen, Holzberg and Vice Mayor Berger voting yes
and Councilmembers Perlow, Beskin, Rogers-Libert and Mayor Snyder voting no.
C. DISCUSSION AND POSSIBLE MOTION REGARDING
SURVEY OF SUNNY ISLES RESIDENTS
Discussion ensued as to the City's position in opposing the use of the name Aventura
Beach by the Sunny Isles area. A motion was offered by Councilmember Cohen and
seconded by Councilmember Perlow to poll the residents of Aventura. A substitute
motion was offered by Councilmember Perlow and seconded by Councilmember
Rogers-Libert to direct the City Manager to prepare a resolution advising the Dade
County Commission and the Charter Commission for the Sunny Isles city that the City
of Aventura vigorously opposes the use of the name Aventura Beach for this new city.
The motion passed unanimously. June Stevens; Del Vista Townhomes; Keith
Marshall; and Charlotte Everett, Bona Vida, addressed Council.
10. REPORTS: As submitted.
11. PUBLIC COMMENTS: The following individuals addressed Council: Lionel $ocolov;
Stanley Gldberger, Biscayne Lakes Gardens; Harry Crook, Commodore Plaza; Julie
Israel; Eva Radin, Biscaya; and Charlotte Everett.
There being no further business to come before Council at this time, after motion
made, seconded and unanimously passed, the meeting recessed at 10:15 p.m.
CONTINUATION
WEDNESDAY, FEBRUARY 12, 1997 9 A.M.
2999 NE 191sT STREET SUITE 500
AVENTURA, FLORIDA
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Arthur
Snyder at 9 a.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
reconvened.
8. RESOLUTIONS:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA GRANTING A NON-
EXCLUSIVE UTILITY EASEMENT TO FLORIDA
POWER & LIGHT ("FPL"); AUTHORIZING THE CITY
MANAGER TO EXECUTE SUCH UTILITY EASEMENT;
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 individuals addressed Council relative to this resolution: Jeffrey Bercow,
200 S. Biscayne Boulevard; Aletha Player and Ed Garcia, Florida Power & Light, Miami;
George Berlin, 1940 NE 194th Drive; and David Ettman, 2355 Salzedo, Coral Gables.
After extensive discussion, a motion to approve the resolution was offered by
Councilmember Cohen and seconded by Councilmember Rogers-Libert. An amendment
to the motion that the resolution be effective upon posting of a bond with the City by the
developer was offered by Councilmember Perlow and seconded by Vice Mayor Berger.
The amendment failed, 2-5. The motion to approve the Resolution passed, 6-1, and