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03-04-1997 Council Meeting MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA TUESDAY, MARCH 4, 1997 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 Arthur Snyder at 6 p.m. Present ware Councilmembers Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorneys Richard Jay Weiss and Stephen J. Helfman. Vice Mayor Arthur Berger was absent due to illness. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Mr. Weiss led the pledge of allegiance. 3. PLANNING HEARINGS SPECIALLY SET BY COUNCIL FOR 6 P.M. APPLICATION NUMBER: 01-AR-96; APPLICANT: TRAFALGAR ASSOCIATES OF AVENTURA, LTD., A FLORIDA LIMITED PARTNERSHIP is petitioning to close eight (8) feet of public right-of-way on NE 207 Street from NE 30 Avenue east for approximately 1784 feet and ten (10) feet of public right-of-way on NE 30 Avenue from NE 207 Street north for approximately 926 feet. Mr. Helfman read the request of the applicant and Jeffrey Bercow, Esq., 200 S. Biscayne Blvd., Miami, on behalf of the applicant, addressed Council. A motion to approve the applicant's request was offered by Councilmember Perlow and seconded by Councilmember Cohen, with the following conditions: 1) approval of landscaping as outlined in drawings submitted as Sheets L-5 of 10 and L-6 of 10 dated November 20, 1995, entitled Aventura Lakes LAG #2549; 2) center median on 30th Avenue be completed and approved by the Community Development Director and City Landscape Architect; 3) incorporation and adoption of prior letters of understanding submitted to the City by the Developer; and 4) the right-of-way along 207th Street be improved in accordance with the conceptual landscaping plan adopted by the City. Councilmember Beskin offered an amendment to delete condition #2. The amendment was seconded by Councilmember Rogers-Libert and unanimously passed, 6-0. The motion to approve the applicant's request, with the conditions set forth and as amended, passed unanimously, 6-0. 4. APPROVAL OF MINUTES: A motion to approve the minutes of the February 18, 1997 Council Meeting and the February 26, 1997 Council Workshop Meeting was offered by Councilmember Rogers-Libert, and seconded by Councilmember Beskin, with the following amendments to the Workshop Meeting: the reference in Section 4 to regular meeting be changed to Town Hall meeting and Section 3 provide that the Sign Ordinance be brought back for discussion at a future Workshop Meeting. The motion passed unanimously and the minutes were approved. 5. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: Councilmember Cohen requested removal of items 7. D., 7.F. and 7.G. from the Consent Agenda. 6. SPECIAL PRESENTATIONS: None 7. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Councilmember Perlow, seconded by Councilmember Cohen and unanimously passed. Thus the following action was taken: A. Resolution No. 97-15 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 MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND METROPOLITAN DADE COUNTY FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. B. Resolution No. 97-16 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 MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF NORTH MIAMI BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 97-17 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 MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND INDIAN CREEK VILLAGE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 97-19 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA INDICATING THE CITY'S INTENT TO PARTICIPATE IN THE NATIONAL FLOOD INSURANCE PROGRAM; AUTHORIZING THE CITY MANAGER TO FILE THE NECESSARY APPLICATIONS AND TO TAKE THE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AWARDING AND LETTING A CONTRACT FOR THE CITY'S GENERAL BANKING SERVICES TO BARNETT BANK, N.A., SOUTH FLORIDA; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Harry Kilgore, Finance Support Services Director, explained to Council the rating and recommendation process for awarding the City's banking services. A motion to approve the resolution was offered by Councilmember Rogers-Libert, seconded by Councilmember Beskin, unanimously passed and Resolution No. 97-18 was adopted. F. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-06 WHICH ESTABLISHES PROHIBITIONS AGAINST EXCESSIVE NOISE BY ADDRESSING CONSTRUCTION HOURS AND OTHER NOISE ACTIVITIES; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. A motion wes offered by Councilmember Beskin, seconded by Councilmember Rogers-Libert and unanimously passed by roll call vote to amend the ordinance to provide that the last sentence in Section E. read as follows: "This paragraph E. shall not require Motorboat engines manufactured without a muffler from making such discharge of exhaust, nor shall it prohibit Motorboat engine testing, flushing and repair activities in the absence of a muffler by marine manufacturing or storage and repair establishments during the time period one hour before sunrise to one hour after sunset seven days a week". A motion to amend the ordinance to eliminate all construction on Sundays wes offered by Councilmember Cohen and seconded by Councilmember Holzberg. The motion failed, with Councilmembers Beskin, Perlow, Rogers-Libert and Mayor Snyder voting no and Councilmembers Cohen and Holzberg voting yes. The following individuals addressed Council: Edward Frayd, Mystic Point; Leonard Geller, Commodore Plaza; Jan Costa, 3161 NE 188th Street; Jeffrey Berco~ and George Berlin, Turnberry & Associates. A motion to approve the ordinance, as amended, wes offered by Councilmember Perlow, seconded by Councilmember Rogers-Libert and unanimously passed, 6-0, by roll call vote. G. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, SUPPORTING THE COLUMBIA AVENTURA HOSPITAL AND MEDICAL CENTER'S CERTIFICATE OF NEED APPLICATION AND IMPLEMENTATION OF AN OPEN HEART SURGERY SERVICES PROGRAM; AND PROVIDING AN EFFECTIVE DATE. A motion to approve the resolution wes offered by Councilmember Rogers-Libert, seconded by Councilmember Holzberg, unanimously passed and Resolution No. 97- 20 was adopted. 8. PUBLIC HEARINGS: ORDINANCES - SECOND READING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-12 BY AMENDING THE TERM THEREOF; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. A motion to defer this ordinance in order to amend the title for clarification and readvertise prior to second reading was offered by Councilmember Rogers-Libert, seconded by Councilmember Beskin and unanimously passed. B. Mr. Weiss read the following ordinance, by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, CREATING FILMING REGULATIONS FOR THE CITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; REQUIRING A PERMIT AND PERMIT FEE; PROVIDING FOR LIMITATIONS; REQUIRING NOTICE TO OWNERS; ESTABLISHING CRITERIA FOR ISSUING PERMITS; PROVIDING AN APPEAL PROCEDURE; PROVIDING FOR EXEMPTIONS; PROVIDING PENALTIES; 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. At the recommendation of the City Manager, a motion to amend Section 3. B. (vii) to read as follows: "may, at the discretion of the City Manager, require that applicant post a cash bond to be held by the City to be used, if necessary to repair damage to public property caused by the Filming" was offered by Councilmember Rogers-Libert, seconded by Councilmember Beskin and unanimously passed. A motion to approve the ordinance, as amended, was offered by Councilmember Rogers-Libert, seconded by Councilmember Cohen, unanimously passed by roll call vote, 6-0, and Ordinance No. 97-07 was enacted. 9. RESOLUTIONS: None 10. OTHER BUSINESS: A RESOLUTION OF THE CITY OF AVENTURA FLORIDA URGING THE STATE LEGISLATURE TO ENACT LEGISLATION TO PROHIBIT THE USE OF CELLULAR TELEPHONES WHILE OPERATING A MOVING MOTOR VEHICLE; AND PROVIDING AN EFFECTIVE DATE. (Mayor Snyder) A motion to reconsider this matter was offered by Mayor Snyder, seconded by Councilmember Holzberg and passed, 5-1, with Councilmember Perlow voting no. A motion to adopt a resolution similar to that adopted by Metropolitan Dade County urging the State Legislature to enact legislation to prohibit the use of cellular telephones while operating a moving motor vehicle was offered by Councilmember Cohen, and seconded by Councilmember Holzberg. The motion failed, 3-3, with Councilmembers Holzberg, Cohen and Mayor Snyder voting yes and Councilmembers Perlow, Beskin and Rogers-Libert voting no. B. DISCUSSION AND POSSIBLE MOTION DIRECTING THE CITY ATTORNEY TO PREPARE A RESOLUTION REQUESTING THE STATE LEGISLATURE TO ALLOW LOCAL CONTROL OF GUN REGULATIONS (Councilmember Cohen) A motion to direct the City Attorney to prepare a resolution requesting the State Legislature to allow local control of gun regulations was offered by Councilmember Cohen, seconded by Councilmember Holzberg and unanimously passed. C. DISCUSSION AND POSSIBLE MOTION TO DIRECT THE CITY ATTORNEY TO TAKE ACTION AGAINST MISLEADING REAL ESTATE ADVERTISEMENTS (Councilmember Perlow) A motion to direct the City Attorney to take action against misleading real estate advertisements was offered by Councilmember Perlow, seconded by Councilmember Rogers-Libert and unanimously passed. 11. REPORTS: Mayor Snyder announced the next Council Meeting and Workshop Meeting dates and also announced that a Town Hall meeting to discuss proposed plans for Aventura Founders Park will be held on March 17, 1997 at 7 p.m. at the Coronado Condominium. 12. PUBLIC COMMENTS: The following individuals addressed Council: Ruby Steiner, 20301 West Country Club Drive; Irving Schwartz, Turnberry Townhomes; Harry Crook, Commodore Plaza; and Sydell Schwartz, Waterview. There being no further business to come before Council at this time, after motion made, seconded and unanimously passed, the meeting adjourned at ~0 p.m. Approved by Council on March 18, 1997. Teresa M. Smith, OMC, City Clerk 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.