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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~ _. .,.,';;' 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 ~ ;:) :I: ~ z :::!!: -- w "'" ~ <( < u.. c 0 0 ~ :;:: u Q) 0 en Q) c 0 N . . 03 Q) Cl E .... co c co Q) ll.. .Q z (f) -- 0. t c C .Q "5 Q) tl .!11 > (f) "0 Q) Q) u <( (/) 0 .... .... c c .... .... In In C en en 0 ~ "'" "'" .... .... .... ~ M M >< co co N aI ;..: Q) .0 E ;..: ::J Q) Z Q) .0 C. E c >. 0 f- ::J t .... z Q) Q) 0 "0 (f) .~ "0 <( oS (/) U e 0) 0 0 JQ N ...... ........ ~ is 0 ...... 'lI:t ~ 0 ~ Q) . .",- ... i ns C s::: i 0 ; ns ~ (.) .- ..r: - .c ~ ::s c.. THE MIAMI HERALD I MiamiHerald.com THE WORLD THE MIDDLE EAST A1 WORLD BRIEFS - l: .. 1: o U >0 l: III " '" o 0- !:; 0- l!! o - '0 a. )( " >0 III ~ >0 l: III .5 o iii ..II: o ~ " .~ n; .~ " 'tl " n; l!! u "0 l: >0 III E ::l o > ,; B III U :0 .5 " C> III 0- 'tl l: III " n; 'tl " .s l: o 'tl E .. J: 'E III :i " .r:. I- .5 'tl l!! III " 0- 0- III 'tl III .. .s - III .s " u l: " 'tl '> " " > .; ::l u l: o U '" III 'tl .. 'tl '> o Ii .!!! g 0; " .r:. VI W '" :c I- . 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. .~ ~ 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. 12:008 # u.s.El....... Public Web Sit.. - ".......", Guaranteed returns. In these changing Insured savings. times, it's especially important to feel secure about your finances. 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