04-14-2009
The City of
Aventura
,~,
Local Planning Agencv
Susan Gottlieb, Mayor
City Manager
Eric M. Soroka, lCMA-CM
Zev Auerbach
Bob Diamond
T eri Holzberg
Billy J od
Michad Stem
Luz Urbaez Weinberg
City Clerk
Teresa M. Soroka, MMC
City AttOL71ev
W dss Serota He!lfman
Pastoriza Cole & Boniske
LOCAL PLANNING AGENCY
AGENDA
APRIL 14, 2009 - 6 PM
Aventura Government Center
19200 West Country Club Drive
A ventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES:
January 13, 2009
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCE:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING
SECTION 6 "EFFECTIVE DATE" FROM APRIL 1,2009 TO SEPTEMBER 30,
2009 OF ORDINANCE NO. 2008-08 ADOPTED ON APRIL 8, 2008, AS
AMENDED BY ORDINANCE NO. 2009-04 ADOPTED ON FEBRUARY 3, 2009,
WHICH ORDINANCE ESTABLISHED A TRANSPORTATION MITIGATION
IMPACT FEE AND SCHEDULE FOR MITIGATION OF TRANSPORT A TION
IMP ACTS BY NEW DEVELOPMENT IN THE CITY OF A VENTURA;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
5. ADJOURNMENT
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and
who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,
305-466-8901, not later than two days prior to such proceeding. Anyone wishing to appeal any decision made by the City of Aventura
Local Planning Agency with respect to any matter considered at such 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. Agenda items may be viewed at the Office of the City Clerk, City of Aventura
Government Center, 19200 West Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item
should contact the City Clerk at 305-466-8901. One or more members of the City of Aventura Advisory Boards may also be in
attendance.
A~
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.,.,';;'
MINUTES
LOCAL PLANNING AGENCY
MEETING
JANUARY 13, 2009 6 PM
Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Bob Diamond,
Teri Holzberg, Michael Stern, Luz Urbaez Weinberg (arrived during item 4-B), Vice
Mayor Billy Joel, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M.
Soroka, and City Attorney Alan L. Gabriel. As a quorum was determined to be
present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led by Miami Beach Commissioner Jerry Libbin.
3. APPROVAL OF MINUTES: A motion to approve the minutes of the November 6,
2008 LPA Hearing was offered by Vice Mayor Joel, seconded by Commissioner
Auerbach, and unanimously passed.
4. PUBLIC HEARING: MOTION RECOMMENDING ADOPTION OF THE
FOLLOWING ORDINANCES:
A. Mr. Gabriel read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 6 "EFFECTIVE DATE" FROM JANUARY 1, 2009 TO APRIL
1, 2009 OF ORDINANCE NO. 2008-08 ADOPTED ON APRIL 8, 2008,
WHICH ORDINANCE ESTABLISHED A TRANSPORTATION
MITIGATION IMPACT FEE AND SCHEDULE FOR MITIGATION OF
TRANSPORTATION IMPACTS BY NEW DEVELOPMENT IN THE CITY
OF AVENTURA; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Community Development Director Joanne Carr addressed the Commission and
entered the staff report into the record. Mayor Gottlieb opened the public
hearing. There being no speakers, the public hearing was closed. A motion to
recommend approval was offered by Vice Mayor Joel, and seconded by
Commissioner Holzberg. The motion passed unanimously 6-0 with
Commissioner Weinberg absent.
B. Mr. Gabriel noted the availability of a sign-in sheet for parties interested in
receiving further information regarding this matter and read the following
ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
A TEN-YEAR WATER SUPPLY FACILITIES WORK PLAN AND
AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY
AMENDING THE FUTURE LAND USE ELEMENT, THE
INFRASTRUCTURE ELEMENT, THE CAPITAL IMPROVEMENTS
ELEMENT, THE INTERGOVERNMENTAL CO-ORDINATION ELEMENT
AND THE CONSERVATION & COASTAL MANAGEMENT ELEMENT
OF THE CITY OF AVENTURA COMPREHENSIVE PLAN TO
IMPLEMENT THE CITY OF AVENTURA TEN-YEAR WATER SUPPLY
FACIIL TIES WORK PLAN REQUIRED PURSUANT TO CHAPTER 163,
PART II, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND
PROVIDING FOR AN EFFECTIVE DATE.
Ms. Carr addressed the Commission and entered the staff report into the record.
Mayor Gottlieb opened the public hearing. There being no speakers, the public
hearing was closed. A motion to recommend approval was offered by
Commissioner Stern, and seconded by Commissioner Auerbach. The motion
passed unanimously 7-0.
5. ADJOURNMENT: There being no further business to come before the Local
Planning Agency, the meeting adjourned at 6:11 p.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the LPA on
2
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka, IC
City Manager
BY: Joanne Carr, AICP
Community Developmen Irector
DATE: March 4, 2009
SUBJECT: Amended effective date of Ordinance No. 2008-08, as revised by Ordinance
No. 2009-04, an Ordinance to Adopt a Transportation Mitigation Impact Fee
and Schedule of Fees for Development Activity to support mobility within the
City of Aventura (01-IF-09)
April 14, 2009 Local Planning Agency Agenda Item d
1st Reading April 14, 2009 City Commission Meeting Agenda Item_
2nd Reading May 5,2009 City Commission Meeting Agenda Item_
RECOMMENDATION
It is recommended that the City Commission amend the effective date of Ordinance No.
2008-08, as amended by Ordinance No. 2009-04, from April 1, 2009 to September 30,
2009.
THE REQUEST
City staff is requesting adoption of an ordinance to amend the effective date of Ordinance
No. 2008-08, as amended by Ordinance No. 2009-04, from April 1 , 2009 to September 30,
2009.
BACKGROUND
On April 8, 2008, the City Commission adopted Ordinance No. 2008-08 which enacted an
transportation mitigation impact fee and schedule of fees for development activity to
support mobility within the City of Aventura. Due to the economic slowdown at the time of
adoption of the Ordinance and to allow developers in our City to plan for this new impact
fee, the effective date was set for January 1, 2009. Interested parties requested that the
City review economic conditions prior to the proposed effective date. There had been no
significant improvement in the economy from April 8, 2008 to January 1, 2009 and the
effective date was therefore extended to April 1, 2009 by Ordinance No. 2009-04 passed
by the City Commission on February 3, 2009. The City Commission requested, upon
adoption of the amending ordinance, that staff continue to monitor the economic
conditions. The economic slowdown continues and staff therefore recommends a further
extension of the effective date from April 1, 2009 to September 30, 2009. All other
provisions of Ordinance No. 2008-08 will remain the same.
2
ORDINANCE NO. 2009-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 6 "EFFECTIVE DATE" FROM
APRIL 1, 2009 TO SEPTEMBER 30, 2009 OF ORDINANCE
NO. 2008-08 ADOPTED ON APRIL 8, 2008, AS AMENDED
BY ORDINANCE NO. 2009-04 ADOPTED ON FEBRUARY
3, 2009, WHICH ORDINANCE ESTABLISHED A
TRANSPORTATION MITIGATION IMPACT FEE AND
SCHEDULE FOR MITIGATION OF TRANSPORTATION
IMPACTS BY NEW DEVELOPMENT IN THE CITY OF
AVENTURA; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2008-08 establishing a transportation mitigation impact
fee and schedule for mitigation of transportation impacts by new development in the City
of Aventura was adopted by the City Commission on April 8, 2008 following duly noticed
public hearings; and
WHEREAS, the City Commission directed City staff during the public hearings to
monitor the economic climate prior to the effective date of Ordinance No. 2008-08 and
to recommend adjustment to said effective date based on economic conditions as of
the proposed effective date; and
WHEREAS, staff determined that there had been no improvement to the
economic conditions since April, 2008; and
WHEREAS, the City Commission adopted Ordinance No. 2009-04 on February
3, 2009 amending the effective date of Ordinance No. 2008-08 from January 1, 2009 to
April 1, 2009; and
WHEREAS, the City Commission, acting in its capacity as the Local Planning
Agency has reviewed a further proposed change to the effective date of Ordinance No.
2008-08 as amended by Ordinance No. 2009-04 from April 1, 2009 to September 30,
2009 during a required public hearing and has recommended approval of this
Ordinance to the City Commission; and
Ordinance No. 2009-
Page 2
WHEREAS, the City Commission has held duly noticed public hearings on this
Ordinance as recommended by the City Commission, acting in its capacity as the Local
Planning Agency; and
WHEREAS, the City Commission has reviewed this Ordinance and has
determined that the Ordinance is consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That the above recitals are true and correct and are
incorporated herein by this reference.
Section 2. That Section 6, "Effective Date" of Ordinance No. 2008-08, as
amended by Ordinance No. 2009-04, is hereby further amended as follows:
"Section 6. Effective Date. That following adoption on
second reading, the provisions of Section 5 of this
Ordinance shall be effective immediately, and the remaining
provisions of this Ordinance shall be effective from and after
the first d3Y of April, 2009 the thirtieth day of September,
2009.,,1
Section 3. All other provisions of Ordinance No. 2008-08 adopted by the City
Commission on April 8, 2008 shall remain the same and in full force and effect.
Section 4. Inclusion in the Code. That it is the intention of the City Commission
and it is hereby ordained that the provisions of this Ordinance shall become and made a
part of the City of Aventura Code of Ordinances; that the sections of this Ordinance may
1 Stricken through text indicates proposed deletions. Underlined text indicates proposed insertions.
Ordinance No. 2009-
Page 3
be renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word as needed.
Section 5. Severability. That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 6. Effective Date. That following adoption on second reading, the
provisions of this Ordinance shall be effective immediately.
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commission Michael Stern
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by
Commissioner and upon being put to a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commission Michael Stern
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
Ordinance No. 2009-
Page 4
PASSED on first reading on this 14th day of April, 2009.
PASSED AND ADOPTED on this 5th day of May, 2009.
Susan Gottlieb, Mayor
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
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THE WORLD
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. UNITED NATIONS
u.s. to reverse Bush policy,
join Human Rights Council
The Chama administration has decided to seek a seat on
the U.N. Human Rights Council, Secretary o{State Hillalj'
Clinton announced Tuesday, reversing a decision by the Bush
administration to shun the U.N.'s premier rights body to pro-
test the repressive states among its membership.
The United States announced it would stand as a candidate
in ele<:tions May 15 to decide three seats on the 47-member
council, joining a slateofWesterncandidales that includes
Belgium and Norway. New Zealand, which had planned to
run, a... well, offered to step aside to allow the United States to
run unchallenged.
clinton and Susan Rice, the u.s. ambassador to the United
Nations, said that the decision was part of a broader push for
"a new era of engagement" in U.S. foreign policy.
. CANADA
HIT MAN-INFORMANT PLEADS GUlL TV TO 27 MURDERS
MONTREAL - A Canadian hit man whose victims
included bikers, Mafiosi and innocent bystanders pleaded
guilty Tuesday to 2J charges of first-degree murder in a case
that makes him one of Canada's most prolific killers.
Gerald Gallant, a PJlice informant who was already serving
a life sentence for a 2001 slaying, also pleaded guilty to 12
charges of attempted murder and a handful of other charges.
The killings took place between 1978 and 2003 and targeted
outlaw bikers, street-gang members and mobsters. Biker gangs
have long been a problem in the French-speaking province of
Quebec, and most oithe murders happened between 1994 and
2002 as the Hells Angels and Rock Machine gangs battled over
drug turf.
Gallant's victims include such bystanders as Helene Brunet,
a waitress who was wounded in 2000 while being used as a
human shield when Gallant entered the restaurant and killed
Robert Savard, a close associate o( a Hells Angels kingpin.
. LIBYA
HUNDREDS FEARED DEAD AFTER BOAT CAPSIZES
TRIPOLI - Hundreds were feared dead Tuesday in the
chilly waters of the Mediterranean Sea, days after an over-
crowded wooden fishing boat packed with migrants seeking a
better life in Europe capsized in stormy waters olYthe coast of
Libya.
A few survivors - those who could swim - were rescued,
but authorities pulled 21 bodies (rom the water and at least 200
more were still mis.~ing after the boat capsized Friday. It is
believed to be the deadliest migrant ship accident between
North Africa and Europe in recent memory, an international
migration official said.
Thousands o( African, Asian and Middle Eastern migrants
t1ceing wars and poverty use Libya and other North African
countries as launching pads for the dangerous journey across
the Mediterranean to southern Europe - often in rickety,
overloaded boats.
.~
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CITY OF AVENTURA
NOTICE OF HEARING OF LOCAL PLANNING
AGENCY AND NOTICE OF AMENDMENT TO
ORDINANCE NO. 2008-08 AS AMENDED BY
ORDINANCE NO. 2009-04
Public Notice is hereby given that the City 01 Aventura
Local Planning Agency will meet in a public hearing on
Tuesday, April 14, 2009 at 6:00 p.m. to review and recommend
adoption 01 the following Ordinanoe to the City Commission:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING SECTION 6 ~EFFEcnvE
DATE" FROM APRIL 1, 2009 TO SEPTEMBER 30,
2009 OF ORDINANCE NO. 2008-08 ADOPTED ON
APRIL 8, 2008, AS AMENDED BY ORDINANCE NO.
2OQ9-04ADOPTED ON FEBRUARY 3. 2009, WHICH
ORDINANCE ESTABLISHED A TRANSPORTATION
MmGATION IMPACT FEE AND SCHEDULE FOR
MmGATlON OF TRANSPORTATION IMPACTS
BY NEW DEVELOPMENT IN THE CITY OF
AVENTURA; PROVIDING FOR INCWSION IN THE
CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE,
Immediately following the Local Planning Agency meeting, the
City Commission ofthe City of Aventura, sitting as the governing
body, will consider adoption of the above described Ordinance
on first reading at a public hearing and will again consider the
above described Ordinance for adoption after second reading
at a publiC hearing on Tuesday, May 5, 2009 at 6:00 p.m,
All above described Public Hearings will be heid in the CIty
Convnlssion Chamber at the City of Aventura Government
Center, 19200 West Country Club Drive, Aventura, Rorida,
33180. The proposed Ordinance may be inspected by the public
at the Office of the City Clerk at the above address. Interested
parties may appear at the Public Hearings and be Ileard with
respect to the proposed Ordinance.
In accordance with the Americans with Disabilities Act of
1990, all persons wllo are disabled and who need special
accommodations to participate in this proceeding because
of that disability should contact the OfflCe of the City Clerk,
(305) 466-89D1, no later than two business days prior to such
proceedings.
If a person decides to appeal any decision made by the City
Commission with respect to any matter considered at a meeting
orhearing, that person will need arecord 01the proceedings and,
for such purpose, may need to ensure that a verbatim record of
the prooeedings is made, which record includes the testimony
and evidence upon which the appeal is to be based.
Teresa M, Soroka, MMC, City Clerk
WEDNESDAY. APRIL 1, 2009 I 7A
Netanyahu warns of Iran
B New Israeli Prime
Minister Benjamin
Netanyahu said Iran is a
'grave danger.'
BY DION NISSENBAUM
McClatc'lY News SH',ice
JERUSALEM - Ten years
aiter being ousted as prime
minister, conservative Benja-
min Netanyahu returned to
power Tuesday as the head
of a hawkish coalition gov-
ernment that will be a pivotal
player in President Barack
Obama's push to stabilize the
Middle East.
Netanyahu, 59, faces an
immediate challenge in
assuaging skeptical world
leaders who worry that the
new prime minister's com-
bative style will undermine
America's diplomatic efforts
and fuel another spiral of vio-
lence in the Middle East.
In an unusually blunt
interview with The Atlantic
magazine, Netanyahu
charged that Iran was a "mes-
sianic apocalyptic cult" with
nuclear ambitions and a
"grave danger" to the world.
European leaders have
been especially critical oC
Israel because of its recent
22~day military of(ensive,
which ravaged the Hamas-Ied
Gaza Strip and prompted a
brewing feud over the threat-
ened demolition of some Pal-
estinian homes in East Jeru-
salem.
"We are not happy with
some of the steps of the
Israeli government, namely
construction works close to
Jerusalem, but also access to
Gaza, which is today very
limited." Czech Foreign Min-
ister Karel Schwarzenberg,
whose country holds the
presidency of the European
Union, told the country's
newspaper Iidove Noviny in
Tuesday'S edition.
Of particular concern to
world leaders is Netanyahu's
long-standing opposition to
the creation of a Palestinian
state alongside Israel. A two-
state solution to the Israeli-
Palestinian conr1ict has been
the guiding principle for
international diplomats since
Israel was established in 1948.
Netanyahu refuses to accept
that basic premise.
On Tuesday, before he
was sworn in as prime minis-
ter, Netanyahu sought to
reassure skeptics by vowing
to engage in peace talks with
the Palestinians.
"We do not want to con-
trol another people. We do
not want to rule the Palestin-
ians," Netanyahu told parlia-
ment. "In
the final
agreement,
the Pales-
tinians will
have all the
authority to
govern
themselves,
~ETANYAHU except for
those that
threaten the existence or
security of ... Israel."
For Netanyahu, peace
talks with the Palestinians are
subordinate to his concern
about Iran's largely
unchecked nuclear program.
He called Iran's nuclear
ambitions and "extreme
Islam" the greatest danger to
Israel and the world.
In a rare interview with an
American journalist before
he took office, Netanyahu
said that along with firing the
economy, blocking Iran's
nuclear ambil'ions should be
one of Obama's two "great
missions."
"You don't want a messi-
anic apocalyptic cult control-
ling atomic bombs," Netan-
yahu told Jeffrey Goldberg o(
The Atlantic. "When the
wide-eyed believer gets hold
of the reins of power and the
weapons of mass death, then
the entire world should start
worrying, and that is what is
happening in Iran."
Israel has shown over the
last 18 months that it's willing
to weather international con-
demnation and attack per-
ceived threats. In September
2007, it bombed a suspected
Syrian nuclear site. This Jan-
uary, Israeli fighters report-
edly attacked a weapons con-
voy in Sudan. Both attacks
help feed the perception that
Israel is willing to strike Ira-
nian nuclear sites.
McClatchy special corre-
spondent Cliff Churgin con-
tributed to this report from
Jerusalem.
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