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09-17-1996 Council Meeting MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA TUESDAY, SEPTEMBER 17, 1996 - 7 P.M. COLUMBIA AVENTURA MEDICAL ARTS BUILDING 21 '110 BISCAYNE BOULEVARD SUITE AVENTURA, FLORIDA 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Snyder at 7 p.m. Present were Councilmembers Arthur Berger, Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M Perlow, Vice Mayor Patricia Rogers-Libert, 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: Ms. Susan Fried led the pledge of allegiance. 3. APPROVAL OF MINUTES: A motion was offered by Vice Mayor Rogers-Libert and seconded by Councilmember Perlow to approve the minutes of the September 4, 1996 Council meeting. The motion passed unanimously. A motion was offered by Vice Mayor Rogers-Libert and seconded by Councilmember Perlow to approve the minutes of the September 5, 1996 meeting. The motion passed unanimously. 4. AGENDA: A motion to defer Agenda Item 7.A. to the first Council meeting in 1997 was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Perlow and unanimously passed. Councilmember Cohen requested that Agenda Item 6.F. be removed from the Consent Agenda. Councilmember Beskin requested the removal of Item 6.C. from the Consent Agenda. Councilmember Perlow requested removal of Item 6.E. from the Consent Agenda. 5. SPECIAL PRESENTATIONS: NONE. 6. CONSENT AGENDA: A motion to approve the remainder of the Consent Agenda was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Perlow and unanimously passed. Thus, the following ordinances were passed on first reading: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; GRANTING TO PEOPLES GAS SYSTEM, INC. A NON-EXCLUSIVE FRANCHISE IN THE CITY OF AVENTURA; AUTHORIZING PEOPLES GAS SYSTEM, INC. TO USE THE PUBLIC RIGHTS-OF-WAY AND STREETS OF THE CITY, FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, OPERATING AND EXTENDING GAS LINES IN THE STREETS AND PUBLIC PLACES OF SAID CITY 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. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A SCHEDULE OF CHARGES FOR PROVIDING COPIES AND/OR PHOTOCOPIES OF CITY DOCUMENTS AND RELATED SERVICES; PROVIDING A SCHEDULE OF FEES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. D. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA PROVIDING A FEE SCHEDULE FOR BUILDING PERMIT FEES; PROVIDING A FEE SCHEDULE FOR ZONING AND PLANNING APPLICATIONS; PROVIDING FOR SAVINGS CLAUSE, SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. C. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE ISSUANCE OF SOLID WASTE COLLECTION FRANCHISES; REQUIRING FRANCHISE FOR SOLID WASTE COLLECTIONS; IMPOSING FRANCHISE FEE FOR SOLID WASTE COLLECTION ACTIVITIES; AWARDING FRANCHISES TO CERTAIN PERMITTED PRIVATE HAULERS; PROVIDING FOR SEVERABILITY, PENALTY AND AN EFFECTIVE DATE. A motion to approve the ordinance was offered by Vice Mayor Rogers-Libert, and seconded by Councilmember Cohen. A motion to amend Section 1.24 to provide for investigation of complaints was offered by Councilmember Berger, seconded by Vice Mayor Rogers-Libert and unanimously passed. The motion to approve passed unanimously, 7-0. E. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 15414.06 TRAFFIC BARRIER, AND WORK AUTHORIZATION NO. 15414.07 SIDEWALK IMPROVEMENT FOR PROFESSIONAL ENGINEERING SERVICES BY AND BETWEEN THE CITY OF AVENTURA AND KEITH AND SCHNARS, P.A.; AND PROVIDING AN EFFECTIVE DATE. Mr. Pete Gallo, representative of Keith & Schnars, P.A., addressed Council. A motion was offered by Councilmember Cohen and seconded by Councilmember Holzberg to defer action on the traffic barrier project until October 2, 1996. The motion passed unanimously. A motion to adopt a resolution approving the sidewalk improvement project was offered by Councilmember Cohen, seconded by Councilmember Holzberg, unanimously passed and Resolution No. 96-36 was adopted. F. Mr. Weiss read the following resolution by title: 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 REAL ESTATE PURCHASE AND SALE CONTRACT BY AND BETWEEN THE CITY OF AVENTURA AND SUNBELT- DIX, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Steven W. Zelkowitz, Esq., 2665 S. Bayshore Drive, Miami, addressed Council and explained the provisions of the purchase and sale contract. A motion to adopt the resolution approving the purchase and sale contract was offered by Vice Mayor Rogers- Libert, seconded by Councilmember Pedow, unanimously passed and Resolution No. 96-37 was adopted. 7. A. Continued. B. Mr. Weiss read the following ordinance by title: 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. Mayor Snyder opened the public hearing. Mr. W. T. Holloway, representing BellSouth Telecommunications, requested that Council defer action on this ordinance pending clarification of certain provisions contained therein. There being no further speakers, Mayor Snyder closed the public hearing. A motion to continue this public hearing until October 2, 1996 was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Cohen and unanimously passed. 8. RESOLUTIONS: NONE 9, REPORTS: AS PRESENTED. 10. OTHER BUSINESS: At the request of Mayor Snyder, the City Attorney was directed to research the issue of preparing legislation to provide that restaurants located within the City disclose the price of menu item specials. 11. PUBLIC COMMENTS: Mr. George Feller, 2851 NE 183rd Street, addressed Council expressing his concern relative to the Iow voter turnout by Aventura residents in the last election. After further discussion, a motion to declare this matter an emergency and place it on the agenda was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Perlow and unanimously passed. A motion to place a full page ad in the Miami Herald urging Aventura voters to cast their ballots in the upcoming election was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Holzberg and unanimously passed. Mr. Paul Libert, 2155 Helmsman Drive and Mr. Leonard Brenner, 19355 Turnberry Way, also addressed Council. '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, City Clerk Approved by Council on October 2, 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.