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10-02-1996 Council Meeting MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA WEDNESDAY, OCTOBER 2, 1996 - 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 Snyder at 6 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. Soreka, City Attorney Stephen J. Helfman and City Clerk Teresa M. Smith. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Mike Abrams led the pledge of allegiance. 3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M. A. HEARING NUMBER 96-7-ACC-1. Joseph Goldstein, Esq., 1221 Brickell Avenue, Miami, representing the applicant, and Jeff Bass, Esq., 46 SW 1st Street, Miami, representing the objectors, jointly requested a continuance of this hearing. A motion to continue this hearing until November 5, 1996 at 6 p.m. was offered by Councilmember Cohen, seconded by Vice Mayor Rogers-Libert and unanimously passed. B. HEARING NUMBER 96-281. Mr. Soroka read for the record a request from Stanley Price, Esq., attorney for the applicant, that this hearing be continued. A motion to continue this hearing until November 5, 1996 at 6 p.m. was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Berger and unanimously passed. 4. APPROVAL OF MINUTES: A motion was offered by Vice Mayor Rogers-Libert and seconded by Councilmember Cohen to approve the minutes of the August 20, 1996, September 11, 1996, September 17, 1996 and September 19, 1996 Council meetings. The motion passed unanimously and the minutes were approved as submitted. 5. AGENDA: Mr. Soroka advised Council that Agenda Item 7.G. had been removed from the Agenda for further discussion at the Council Workshop on October 14, 1996. A motion to remove Agenda Item 7.1. from the Consent Agenda was offered by Councilmember Beskin, seconded by Vice Mayor Rogers-Libert and unanimously passed. 6. SPECIAL PRESENTATIONS: NONE. 7. CONSENT AGENDA: Mr. Helfman read the following ordinances from the Consent Agenda by title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-10, WHICH DID CREATE THE CITY OF AVENTURA BEAUTIFICATION, RECREATION AND CULTURAL ARTS ADVISORY BOARD, TO DELETE THE BEAUTIFICATION RESPONSIBILITIES OF THE BOARD; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE CREATION OF THE CITY OF AVENTURA BEAUTIFICATION ADVISORY BOARD; PROVIDING FOR CREATION; COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA PROVIDING A FEE SCHEDULE FOR ENGINEERING AND PUBLIC WORKS INSPECTION PERMIT AND REVIEW; REPLACING METROPOLITAN DADE COUNTY FEE SCHEDULE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. A motion to approve the Consent Agenda was then offered by Councilmember Beskin, seconded by Vice Mayor Rogers-Libert and unanimously passed. Thus, the above ordinances were passed on first reading and the following resolutions were adopted: D. Resolution No. 96-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR AND ADOPTING BUILDING INSPECTION FEE SCHEDULE; 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. 96-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR AND ADOPTING ENGINEERING AND PUBLIC WORKS INSPECTION PERMIT AND REVIEW FEE SCHEDULE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. F. Resolution No. 96-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, SUPPORTING THE SAFE NEIGHBORHOOD PARKS BOND REFERENDUM OF 1996; AND PROVIDING FOR AN EFFECTIVE DATE. H. Resolution No. 96-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA SELECTING THE FIRM OF RAUSCHER PIERCE REFSNES, INC., TO PERFORM FINANCIAL ADVISORY SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR FINANCIAL ADVISORY SERVICES; AGREEING TO THE SCOPE OF SERVICES AND FEES CONTAINED IN SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. I. Mr. Helfman read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING NEWSRACK REGULATIONS; PROVIDING FOR THE PURPOSE AND SCOPE OF THE NEWSRACK ORDINANCE; PROVIDING FOR DEFINITIONS; PROHIBITING NEWSRACKS IN CERTAIN LOCATIONS AND UNDER CERTAIN CONDITIONS; REQUIRING A PERMIT TO MAINTAIN OR OPERATE A NEWSRACK; PROVIDING FOR AN APPLICATION FOR A NEWSRACK PERMIT AND PROVIDING CONDITIONS FOR ISSUANCE OF A NEWSRACK PERMIT; PROVIDING FOR A HOLD HARMLESS AGREEMENT WITH THE CITY OF AVENTURA; REQUIRING NEWSRACK IDENTIFICATION; REGULATING THE LOCATION, PLACEMENT AND NUMBER OF NEWSRACKS; PROVIDING FOR MAINTENANCE AND INSTALLATION OF NEWSRACKS; PROVIDING FOR THE DETERMINATION OF VIOLATIONS; PROVIDING FOR APPEALS; DETERMINING NEWSRACK ABANDONMENT; PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. After discussion, a motion to approve the ordinance on first reading was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Holzberg and unanimously passed. 8. E. (Taken out of order) 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. Mr. Tee Holloway, representative of BellSouth Telecommunications, requested that second reading of this ordinance be continued to the next Council meeting scheduled for October 15, 1996. After discussion, a motion was offered by Councilmember Cohen and seconded by Vice Mayor Rogers-Libert to continue second reading of this ordinance until October 15, 1996. The motion passed unanimously. 10. REPORTS: Mr. $oroka updated Council as to the status of the Interlocal Agreement with Metropolitan Dade County. Mr. Harry Crook, Commodore Plaza, addressed Council relative to this matter. Mayor Snyder urged all Councilmembers to attend the County Commission meeting on October 8th at which time this item would be addressed by the County Commission. 9. RESOLUTIONS: 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 FOR PROFESSIONAL ENGINEERING SERVICES BY AND BETWEEN THE CITY OF AVENTURA AND KEITH AND SCHNARS, P.A.; AND PROVIDING AN EFFECTIVE DATE. Community Services Department Director Robert Sherman addressed Council relative to this project. After discussion, an amendment was offered by Councilmember Berger and seconded that the barrier be approved by the Florida Department of Transportation. The motion passed, 5-2. A motion to approve this project, as amended, was offered by Councilmember Perlow, seconded by Councilmember Cohen, unanimously passed and Resolution No. 96-42 was adopted. 11. OTHER BUSINESS: A. DISCUSSION RE: TRAIN HORNS. No action was taken by Council. B. DISCUSSION AND POSSIBLE ACTION PROVIDING A PLAN TO PHASE OUT BILLBOARDS. This item was deferred to the Council workshop scheduled for October 14, 1996. 8. PUBLIC HEARINGS: ORDINANCES - SECOND READING: A. The following ordinance was read by title by Mr. Helfman: 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. 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 Cohen, seconded by Councilmember Holzberg, unanimously passed by roll call vote and Ordinance No. 96-19 was enacted. B. Mr. Helfman read the following ordinance by title: 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. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. A motion to approve the ordinance, with the amendment that fingerprinting be deleted from the fee schedule and that "Administration" in the first paragraph be clarified to read "City Administration", was offered by Vice Mayor Rogers-Libert, and seconded by Councilmember Perlow. The motion passed unanimously by roll call vote and Ordinance No. 96-20 was enacted. C. Mr. Helfman 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. Mr. Soroka noted that additional amendments to this ordinance had been made and provided Council with an amended ordinance. Mayor Snyder opened the public hearing. Luciano Isla, Esq, 1790 West 49th Street, Hialeah, and George Cinnante, 120 SW 72® Way, Pembroke Pines, addressed Council relative to this ordinance. There being no further speakers, the public hearing was closed. A motion to amend Section 1.03 (e) to delete the phrase "and the fees charged for same" and to delete Section 1.15 was offered by Councilmember Perlow and seconded by Vice Mayor Rogers-Libert. The motion passed, 6-1, with Councilmember Beskin voting no. A motion was offered by Councilmember Perlow and seconded by Vice Mayor Rogers-Libert to amend Section 1.24 to provide that all complaints pertaining to pickup of waste shall be responded to and resolved within 24 hours and that all other service complaints shall be investigated and responded to within 24 hours. The motion passed unanimously. A motion was offered by Councilmember Perlow and seconded by Councilmember Beskin to further amend Section 1~03(e) to provide that applicants shall furnish the City with a copy of existing contracts. The motion died, 2-5, with Councilmembers Cohen, Berger, Holzberg, Vice Mayor Rogers-Libert and Mayor Snyder voting no. A motion to approve the ordinance, as amended, was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Perlow, unanimously passed by roll call vote and Ordinance No. 96-21 was enacted. D. Mr. Helfman read the following ordinance by title: 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. Mayor Snyder opened the public hearing and there being no speakers, the public hearing was closed. A motion to amend Section 2 of the ordinance to provide the words "but not limited to" after "including" was offered by Councilmember Perlow, seconded by Vice Mayor Rogers-Libert and unanimously passed. A motion to approve the ordinance as amended was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Holzberg, unanimously passed by roll call vote and Ordinance No. 96-22 was enacted. 12. PUBLIC COMMENTS: The following members of the public addressed Council: Abe Mintz, 3701 N. Country Club Drive; Harry Crook; Ginger Grossman, 20100 W. Country Club Drive; June Stevens, 20412 NE Del Vista Court; and Irving Littman, 3600 Mystic Point Drive. Councilmember Perlow requested that Council adopt a resolution urging cable companies providing service to residents of Aventura to include SportsChannel in their basic cable programming. 13. 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 16, 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.