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12-17-1996 Council Meeting MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA TUESDAY, DECEMBER 17, 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 Vice Mayor Arthur Berger at 7 p.m. Present were Councilmembers Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Berger, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorney Richard Jay Weiss. Mayor Arthur Snyder was absent due to illness. As a quorum was determined to be present, the meeting commenced. Vice Mayor Berger welcomed to the meeting Miami Country Day School Professor Donnelly and his Government class. 2. PLEDGE OF ALLEGIANCE: Professor Donnelly led the pledge of allegiance. 3. APPROVAL OF MINUTES: Mr. Beskin requested that the minutes of the Workshop Meeting of December 2, 1996 be amended to include discussion as to ethics legislation and an amendment to paragraph 5 to include the Charter Commission and Incorporation Committee. A motion to approve the minutes of the December 2, 1996 Workshop Meeting, as amended, and the December 3, 1996 Council Meeting was offered by Councilmember Rogers-Libert and seconded by Councilmember Perlow. The motion passed unanimously and the minutes were approved, as amended. 4. AGENDA: Councilmember Rogers-Libert requested removal of Agenda Item 6.C. from the Consent Agenda. Councilmember Perlow requested removal of Agenda Item 6.D. from the Consent Agenda. 5. SPECIAL PRESENTATIONS: None. 6. CONSENT AGENDA: Mr. Soreka explained the items contained on the Consent Agenda. A motion to approve the Consent Agenda was offered by Councilmember Beskin, seconded by Councilmember Rogers-Libert, unanimously passed and the following action was taken: A. Resolution No 96-61 was approved as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE EXECUTION AND DELIVERY OF A LINE OF CREDIT AGREEMENT BETWEEN THE CITY AND BARNETT BANK, N.A., SOUTH FLORIDA, PROVIDING FOR LINE OF CREDIT OF NOT EXCEEDING $10,000,000; AUTHORIZING A DRAWS THEREON AS NEEDED IN ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF VARIOUS CAPITAL IMPROVEMENTS WITHIN THE CITY; AUTHORIZING THE ISSUANCE OF A NOTE TO SECURE THE REPAYMENT OF THE INITIAL DRAW AND ALL FUTURE DRAWS UNDER THE LINE OF CREDIT; AUTHORIZING A PLEDGE OF THE CITY'S UTILITY TAX REVENUES AND PROVIDING FOR A COVENANT TO BUDGET AND APPROPRIATE CERTAIN LEGALLY AVAILABLE NON-AD VALOREM FUNDS TO PAY DEBT SERVICE ON SUCH NOTE; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS IN CONNECTION WITH THE DELIVERY OF THE LINE OF CREDIT AGREEMENT AND THE NOTE; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION. B. Mr. Weiss read the following ordinance by title which was passed on first reading: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING REGULATIONS GOVERNING THE REMOVAL OF CANINE FECAL MATTER FROM PUBLIC AND CERTAIN PRIVATE PROPERTY, REQUIRING CANINES TO BE LEASHED ON PUBLIC AND CERTAIN PRIVATE PROPERTY, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. C. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA REPEALING ORDINANCE NO. 96-26; 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. A motion to approve the ordinance on first reading was offered by Councilmember Cohen, seconded by Councilmember Perlow and unanimously passed by roll call vote. D. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; ESTABLISHING PROHIBITIONS AGAINST EXCESSIVE 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 An amendment to Section 3.F. to prohibit all exterior construction and any interior construction which creates loud or excessive noise was offered by Councilmember Perlow, seconded by Councilmember Rogers-Libert and unanimously passed. A motion to amend the ordinance to include in the last Whereas clause that these regulations are for the health, safety and welfare of the residents of the City of Aventura was offered by Councilmember Perlow, seconded by Councilmember Rogers-Libert and unanimously passed. A motion to further amend the ordinance to include a Whereas clause to acknowledge the existence of other limitations contained in condominium, homeowners' association and master association documents which may be more restrictive was offered by Councilmember Rogers- Libert, seconded by Councilmember Perlow and unanimously passed. A motion to approve the ordinance, as amended, on first reading was offered by Councilmember Rogers-Libert, seconded by Councilmember Holzberg and unanimously passed by roll call vote. The City Attorney was directed to clarify the standard of excessive noise prior to second reading. 7. PUBLIC HEARINGS: ORDINANCES - SECOND READING: A. Mr. Weiss 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. Vice Mayor Berger opened the public hearing. Gerald Budney, Esq., attomey for the Miami Herald, addressed Council. There being no further speakers, the public hearing was closed. An amendment to delete paragraph 9.A.(4)xi and the last sentence of paragraph 9.A.(4)viii was offered by Councilmember Beskin and seconded by Councilmember Rogers-Libert. The amendment failed. An amendment to paragraph 9.A.(5) to reduce the number of newsracks from six to four was offered by Councilmember Cohen and seconded by Councilmember Rogers-Libert. The amendment failed. A motion to defer second reading of this ordinance to January 7, 1997 was offered by Councilmember Rogers-Libert and seconded by Councilmember Holzberg. The motion failed. An amendment to provide that the effective date of the ordinance be 30 days from the enactment thereof was offered by Councilmember Perlow and seconded by Councilmember Rogers-Libert. The motion passed unanimously. An amendment was offered by Councilmember Rogers-Liber[ and seconded by Councilmember Holzberg to include in paragraph 9.A.(4)viii that newsracks shall be placed at the furthest possible distance from the read. The motion passed unanimously. An amendment was offered by Councilmember Cohen and seconded by Councilmember Holzberg to amend Section 10.A. to prohibit 4 additional external attachments fastened to newsracks intended or used to hold or display additional publications. The amendment passed unanimously. A motion to enact the ordinance, as amended, was offered by Councilmember Rogers-Libert, seconded by Councilmember Perlow, unanimously passed by roll call vote and Ordinance No. 96-32 was enacted. B. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE CREATION OF THE CITY OF AVENTURA PLANNING ADVISORY BOARD; PROVIDING FOR CREATION, COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; DUTIES AND RESPONSIBILITIES; RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Soroka explained the amendments to the ordinance subsequent to first reading. Vice Mayor Berger opened the public hearing and there being no speakers, the public hearing was closed. A motion to approve the ordinance was offered by Councilmember Beskin, seconded by Councilmember Rogers-Libert, unanimously passed by roll call vote and Ordinance No. 96-33 was enacted. 8. RESOLUTIONS: NONE 9. OTHER BUSINESS: DISCUSSION AND POSSIBLE MOTION TO PREPARE THE NECESSARY LEGISLATION TO NAME THE PROPOSED NEW PARK AS "AVENTURA FOUNDERS PARK" A motion to direct staff to prepare the appropriate resolution to name the proposed new City park as "Aventura Founders Park", with the consent of the property owners making dedications, and to erect a memorial in the park including the names of the Incorporation Committee was offered by Councilmember Beskin, seconded by Councilmember Rogers-Libert and unanimously passed. 10. REPORTS: Vice Mayor Berger expressed to Council that due to his illness, he felt he should relinquish his position as Vice Mayor until such time as his medical treatment was completed. Council expressed to Vice Mayor Berger their confidence in his ability to remain as the Vice Mayor and offered their assistance to him during this period. Mr. Soroka presented to Council the flag of the City of Aventura. 11. PUBLIC COMMENTS: The following members of the public addressed Council: Bernard Schoenfeld, Coronado; George Feffer, Admirals Port; Don Brody, Williams Island; and Dr. Donnelly, Miami Country Day School. 12. ADJOURNMENT. There being no further business to come before Council, after motion made, seconded and unanimously passed, the meeting adjourned at 9 p.m. Teresa M. Smith, CMC, City Clerk Approved by Council on January 7, 1997. Anyone wishing to appeal any decision made by the Ci[y Council with respect to any matter considered at a meeting or headng will need a record of the prcceedings 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 baaed.