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09-04-1996 Council Meeting MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA THURSDAY, SEPTEMBER 4, 1996 - 7 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 7 p.m. Present were Councilmembers Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey Perlow, Vice Mayor Patricia Rogers-Libert, Mayor Arthur I. Snyder, City Manager Eric M. Soroka, City Attorney Stephen J. Helfman and City Clerk Teresa M. Smith. Councilmember Arthur Berger was absent. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Mr. George Feffer led the pledge of allegiance. 5. SPECIAL PRESENTATIONS: (Taken out of order) PRESENTATION OF AWARDS TO WINNERS OF LOGO CONTEST: Mayor Snyder presented certificates and checks to the following winners of the Logo contest: 1st Place Marvin Wilson $250.00 2® Place Cynthia Shadrick $150.00 3~ Place Ted Krawitz $100.00 INTRODUCTION OF MEMBERS OF THE BEAUTIFICATION, RECREATION AND CULTURAL ARTS COMMITTEE: The members of the Beautification, Recreation and Cultural Arts Committee were introduced and presented Certificates of Appointment. The following members were in attendance: Ruth Demming, Janet Laine, Ruby Steiner, Dr. Henry Diamond and Irving Kaye. 3. APPROVAL OF MINUTES: A motion to approve the minutes of the August 13, 1996 Council meeting and the August 19, 1996 Workshop meeting was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Cohen and unanimously passed. 4. AGENDA: Councilmember Cohen offered a motion to delete item 9 from the agenda. The motion was seconded by Councilmember Beskin and unanimously passed. 6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Beskin, unanimously passed and the following action was taken: A. The following motion passed unanimously: MOTION TO ADOPT RIGHTS-OF-WAY/MEDIAN LANDSCAPE MAINTENANCE SERVICES POLICY, AS FOLLOWS: THE CITY OF AVENTURA SHALL ASSUME AND PROVIDE RIGHTS-OF-WAY/MEDIAN LANDSCAPE MAINTENANCE SERVICES AS THE CITY MANAGER DEEMS NECESSARY IN THE PUBLIC RIGHTS-OF-WAY AND PUBLIC AREAS WITHIN THE BOUNDARIES OF THE CITY AS OUTLINED IN THE CITY MANAGER'S REPORT DATED AUGUST 28, 1996. THE CITY MANAGER IS DIRECTED TO PROVIDE FOR AN ORDERLY TRANSFER OF THESE RESPONSIBILITIES AND ASSOCIATED COSTS CURRENTLY UNDER THE JURISDICTION OF NON-GOVERNMENTAL ENTITIES OR ASSOCIATION AND DADE COUNTY. THE CITY MANAGER IS ALSO AUTHORIZED TO PROVIDE RIGHTS-OF-WAY/MEDIAN LANDSCAPE MAINTENANCE SERVICES TO AREAS CURRENTLY PRIVATELY OWNED OR MAINTAINED ONCE THEY ARE DEDICATED TO THE CITY FOR PUBLIC PURPOSES. THE SERVICES WILL BE PROVIDED AT THE SAME OR BETTER LEVEL THAN CURRENTLY IN PLACE. B. RESOLUTION NO. 96-35 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, APPOINTING THE FIRM OF C.A.P. ENGINEERING CONSULTANTS, INC. TO PERFORM BUILDING INSPECTION AND PLAN REVIEW PROFESSIONAL CONSULTANT SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL SERVICES; AGREEING TO THE NEGOTIATED SCOPE OF SERVICES AND FEES CONTAINED IN SAID AGREEMENT; AND, PROVIDING AN EFFECTIVE DATE. C. The following ordinance was passed on first reading: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; GRANTING TO BELLSOUTH TELECOMMUNICATIONS, INC. A NON-EXCLUSIVE 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. D. The following motion was unanimously passed: MOTION TO AUTHORIZE THE PURCHASE OF THE WINN DIXIE SITE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OUTLINED IN THE CITY MANAGER'S MEMORANDUM DATED AUGUST 29, 1996 7. PUBLIC HEARINGS: A. Mr. Helfman read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF THE CITY'S CODE ENFORCEMENT PROCESS; PROVIDING FOR DEFINITIONS; PROVIDING FOR CIVIL OFFENSES AND PENALTIES; PROVIDING FOR QUALIFICATIONS OF AND POWERS OF SPECIAL MASTERS; PROVIDING FOR THE CITY ATTORNEY TO SERVE AS COUNSEL; PROVIDING FOR AUTHORITY TO INITIATE ENFORCEMENT PROCEDURES; PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR CONTENTS AND SERVICE OF WARNINGS AND NOTICESi PROVIDING FOR RIGHTS OF VIOLATORS; PROVIDING FOR SCHEDULING AND CONDUCT OF HEARING; PROVIDING FOR CIVIL PENALTIES AND RECOVERY OF UNPAID CIVIL PENALTIES; PROVIDING FOR APPEALS OF SPECIAL MASTER'S ORDER; PROVIDING FOR SUPPLEMENTAL PROVISIONS; PROVIDING FOR ADDITIONAL ENFORCEMENT POWERS; PROVIDING FOR A SCHEDULE OF CIVIL PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF CODE ENFORCEMENT PROVISIONS PROVIDED BY METRO DADE COUNTY CODE SEC 8CC, ET. SEQ. AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. Mr. Lionel Sokolov, 3530 Mystic Point Drive, addressed Council. There being no further speakers, the public hearing was closed. A motion to approve the ordinance was offered by Vice Mayor Rogers-Libert, and seconded by Councilmember Cohen. The motion passed unanimously and Ordinance No. 96-14 was enacted. B. Mr. Helfman read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING THE INTERIM TERMS AND CONDITIONS FOR THE OPERATION OF CABLE TELEVISION SYSTEMS AND THE APPLICATION, PROCEDURES AND REQUIREMENTS RELATING TO THE GRANT OF FRANCHISES FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF CABLE TELEVISION SYSTEMS, EQUIPMENT AND FACILITIES IN, ON, ACROSS, ABOVE OR THAT IN ANY MANNER WHATSOEVER USE THE CITY'S PUBLIC RIGHTS OF WAY AND TO ENSURE THAT USE OF THE CITY'S PUBLIC RIGHTS OF WAYS IS IN THE PUBLIC INTEREST AND IN CONFORMANCE WITH APPLICABLE LAW; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE AND EFFECTIVE DATE. Mayor Snyder opened the public hearing. Mr. Lionel Sokolov and Ila Feld, Esq., One Southeast Third Avenue, Miami, addressed Council. Mayor Snyder then closed the 4 public hearing. A motion to approve the ordinance was offered by Vice Mayor Rogers- Libert and seconded by Councilmember Perlow. The motion passed unanimously and Ordinance No. 96-15 was enacted. C. Mr. Helfman read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING THAT A PERSON SHALL NOT SERVE ON MORE THAN ONE CITY OF AVENTURA BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. Mr. Lionel Sokolov addressed Council. Mayor Snyder closed the public hearing. A motion to approve the ordinance was offered by Vice Mayor Rogers-Libert and seconded by Coun,cilmember Perlow. The motion passed, 5-1, with Mayor Snyder voting no, and Ordinance No. 96-16 was enacted. 8. RESOLUTIONS: None 9, REPORTS: Deleted 10. OTHER BUSINESS: Mr. Helfman read the following motion by title: MOTION TO AUTHORIZE THE CITY MANAGER TO PROCEED WITH NEGOTIATIONS TO PURCHASE THE GAMPEL PROPERTY. The motion, offered by Councilmember Perlow, was seconded by Councilmember Beskin and unanimously passed. 1 '1. PUBLIC COMMENTS: The following individuals addressed Council: Joseph Platnick, 18071 Biscayne Boulevard; Albert Zemlock, Del Vista Towers, Lionel Sokolov; and Milton Haber, 18051 Biscayne Boulevard. Mayor Snyder announced the dates of the next Council meetings. 12. 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, C~ty Clerk Approved by Council on September 17, 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.