04-14-2009Cit~Commission ~ ~,°~~~ ®{~
Susan GottIlneb, Mayor J(, `~ `~ JL
Zev Auerbaclh ~~~ [~ ~~ ~~
'Bob I~narnond \~~~,.•,rrr~~~111~~~ J~ v1r~.
Tern ]Ealolzberg
Il3~Ily Joel y
MichaeIl Stern -,-..~..~~"~
I.uz IJrbaez Wennberg
City Manager
]Erns M. S®roka, ~~CMA-'CM
City Clerlr
Teresa M. Soroka, MMC
City Attorney
Wenss Serota hlelfrnan
~Pastornza CoIle & Bonnske
APRIL 14, ZUU9
following 6 pm LPA
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER~ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
RB~aP
4. ELECTION OF VICE MAYOR
Action taken: Commissioner Holzberg elected Vice Mayor for next 6-month
period.
5. SPECIAL PRESENTATIONS:
Certificates of Appointment to Arts & Cultural Center Advisory Board
Employee Service Awards
fi. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not
expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any
member of the Commission, that item must be removed from the Consent Agenda and considered separately.
A. APPROVAL OF MINUTES:
March 3, 2009 Commission Meeting
March 19, 2009 Workshop Meeting
Action taken: Approved
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS
SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE
MANNER OF DISPOSAL; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
Action taken: Adopted as Resolution No. 2009-20
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA URGING THE FLORIDA
DEPARTMENT OF EDUCATION TO MAINTAIN CURRENT
APRIL 14, 2009
TRAINING STANDARDS FOR READING TEACHERS OF
ENGLIGH LANGUAGE LEARNERS ("ELL") IN FLORIDA'S
PUBLIC SCHOOLS; DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE
FLORIDA DEPARTMENT OF EDUCATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Action taken: Adopted as Resolution No. 2009-21
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, REQUESTING GOVERNOR
CHARLIE GRIST, THE STATE LEGISLATURE AND THE
PUBLIC SERVICE COMMISSION TO ADOPT POLICIES,
PROGRAMS AND INCENTIVES THAT WOULD MAKE THE
IMPLEMENTATION AND INSTALLATION OF SOLAR
ENERGY MORE ECONOMICALLY FEASIBLE FOR FLORIDA
MUNICIPALITIES; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR AN EFFECTIVE DATE.
Action taken: Adopted as Resolution No. 2009-22
E. MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE
ANNUAL FINANCIAL REPORT ("CAFR") FOR THE FISCAL
YEAR ENDED SEPTEMBER 30, 2008 AND THE LETTER
DATED MARCH 26, 2009 ATTACHED HERETO AS
ATTACHMENT A."
Action taken: Approved
7. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS -Please be advised that the
following items on the Commission's agenda are quasi judicial in nature. If you wish to object or comment upon any of
these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each
item will be made available after the applicant and staff have made their presentations on each item. All testimony,
including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives
testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony
will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may
request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must
present evidence of their authority to speak for the organization. Further details of the quasi judicial procedures may be
obtained from the Clerk.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, APPROVING SIGN VARIANCE TO
PERMIT A 39 SQUARE FOOT EXTERIOR WALL SIGN ON
THE TOWER FEATURE AT THE COURTYARD AT THE
AVENTURA MALL, 19501 BISCAYNE BOULEVARD,
AVENTURA, FOR AN INTERIOR MALL TENANT
OCCUPYING LESS THAN 100,000 SQUARE FEET OF TENANT
SPACE WITHOUT DIRECT EXTERIOR ACCESS; WHERE
SECTION 31-191(g)(8)b. OF THE CITY CODE PERMITS WALL
SIGNS ONLY FOR 100,000 SQUARE FOOT OR MORE
2
APRIL l4, 2009
TENANTS AND FOR TENANTS WITH DIRECT EXTERIOR
ACCESS; PROVIDING AN EFFECTIVE DATE.
Action taken: Adopted as Resolution No. 2009-23
8. ORDINANCES: FIRST READING -PUBLIC INPUT:
A. 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.
Action taken: Approved on first reading
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING ARTICLE II "CITY COMMISSION AND MAYOR"
OF CHAPTER 26 "ELECTIONS" OF THE CITY CODE OF THE
CITY OF AVENTURA BY AMENDING SECTION 26-31 "TIME
AND MANNER OF QUALIFICATION OF CANDIDATES", BY
AMENDING SECTION 26-32 "COMMENCEMENT OF TERM
OF ELECTED OFFICIALS", BY AMENDING SECTION 26-34
"EARLY VOTING"; AND AMENDING ARTICLE I "IN
GENERAL" OF CHAPTER 2 "ADMINISTRATION" BY
AMENDING SECTION 2-2 "APPOINTMENT OF VICE
MAYOR" IN ORDER TO ENSURE CONSISTENCY WITH
RECENTLY AMENDED CITY CHARTER SECTION 2.03
"ELECTION AND TERM OF OFFICE" AND CITY CHARTER
SECTION 5.03 "ELECTIONS" WHICH REVISED THE DATE OF
GENERAL MAYORAL AND COMMISSION ELECTIONS;
PROVIDING FOR INCLUSION IN THE CODE, PROVIDING
FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE
DATE.
Action taken: Approved on first reading
C. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO.
2008-15 WHICH ORDINANCE ADOPTED A BUDGET FOR THE
2008/2009 FISCAL YEAR BY REVISING THE 2008/2009 FISCAL
YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED
IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE
3
APRIL 14, 2009
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING
FOR AN EFFECTIVE DATE.
Action taken: Approved on first reading
9. ORDINANCES: SECOND READING/PUBLIC HEARING:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING ARTICLE II, "USE OF RIGHT-OF-WAY,
PARKING, OTHER REGULATIONS" OF CHAPTER ' 48
"VEHICLES, USE OF RIGHT-OF-WAY, PARKING AND
OTHER REGULATIONS" OF THE CITY CODE OF THE CITY
OF AVENTURA BY AMENDING SECTION 48-20,
"PROHIBITION OF RIGHT-OF-WAY VENDORS AND
SOLICITORS ON CERTAIN ROADS", EXPANDING THE
PROHIBITION TO INCLUDE CERTAIN ADDITIONAL ROADS
IN ORDER TO FURTHER PROTECT THE SAFETY OF
MOTORISTS, PEDESTRIANS, AND ROADSIDE VENDORS
AND SOLICITORS; PROVIDING FOR INCLUSION IN THE
CODE, PROVIDING FOR SEVERABILITY, PROVIDING FOR
AN EFFECTIVE DATE.
Action taken: Enacted as Ordinance No. 2009-06
B. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE
AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF
DIRECTORS:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO.
2008-10, WHICH ORDINANCE ADOPTED A CHARTER
SCHOOL OPERATING AND CAPITAL BUDGET FOR THE
AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL
YEAR 2008/09 (JULY 1-JUNE 30) BY REVISING THE 2008/2009
FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN
EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING
FOR AN EFFECTIVE DATE.
Action taken: Enacted as Ordinance No. 2009-07
10. RESOLUTIONS -PUBLIC HEARING: None.
11. REPORTS - As submitted.
Mayor Gottlieb presented the State of the City address
4
APRIL 14, 2009
12. PUBLIC COMMENTS Mel Taks, Point East Corp. IV
13.OTHER BUSINESS: None.
14. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION WORKSHOP APRIL 23, 2009 9 AM EX. CONF. ROOM
COMMISSION MEETING MAY 5, 2009 6 PM COMMISSION CHAMBER
This meeting is open to the public In accordance with the Americans with Disabilities Act of 1990, all persons who aze 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. One or more members of the City of Aventura Advisory
Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any
matter considered at such meeting or heazing 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 W. 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.
5