04-14-2009e ~+~/ tJ~ MINUTES Aventura Government Center
CITY COMMISSION MEETING 19200 W. Country Club Drive
APRIL 14, 2009 Aventura, Florida 33180
""'""""~"""* (following 6 p.m. LPA)
i r~•~
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:05 p.m.
immediately following the 6 p.m. LPA meeting by Mayor Susan Gottlieb. Present were
Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Michael Stern, Luz Urbaez
Weinberg, Vice Mayor Billy Joel, Mayor Gottlieb, City Manager Eric M. Soroka, City
Clerk Teresa M. Soroka and City Attorney Mitchell Bierman. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led during LPA.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. ELECTION OF VICE MAYOR: After motion made by Vice Mayor Joel, seconded
by Commissioner Auerbach, and unanimously passed, Commissioner Holzberg was
elected as Vice Mayor for the next 6-month period.
5. SPECIAL PRESENTATIONS: Certificates of Appointment were presented to
members of the Arts and Cultural Center Advisory Board. Certificates of Appreciation
were presented to Planning Director Joanne Carr, and Police Department employees
Katina Rodriguez, Robert Feierstadt, Joseph Craig and Marc Greenberg for ten years of
service to the City.
6. CONSENT AGENDA: Commissioner Auerbach requested that item 6-D be
removed from the Consent Agenda. A motion to approve the remainder of the Consent
Agenda was offered by Commissioner Joel, seconded by Commissioner Weinberg,
passed unanimously and the following action was taken:
A. The following minutes were approved:
March 3, 2009 Commission Meeting
March 19, 2009 Workshop Meeting
B. Resolution No. 2009-20 was adopted as follows:
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.
C. Resolution No. 2009-21 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA URGING THE FLORIDA DEPARTMENT OF
EDUCATION TO MAINTAIN CURRENT TRAINING STANDARDS FOR
READING TEACHERS OF ENGLISH 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.
E. The following motion was approved:
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."
The following item was removed from the Consent Agenda and addressed
separately:
D. Mayor Gottlieb read the title to the following resolution:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, REQUESTING GOVERNOR CHARLIE CRIST,
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.
A motion for approval was offered by Commissioner Auerbach and
seconded by Commissioner Weinberg. The motion passed unanimously
and Resolution No. 2009-22 was 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.
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Mr. Bierman read the quasi-judicial proceeding rules and the following
resolution by title:
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 TENANTS AND FOR
TENANTS WITH DIRECT EXTERIOR ACCESS; PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Stern and seconded
by Commissioner Diamond. Community Development Director Joanne
Carr addressed the Commission and entered the staff report into the
record. Mayor Gottlieb opened the public hearing. The following
individuals addressed the Commission: Phil Ward, representing the
applicant; and Bob Burroughs. There being no further speakers, the
public hearing was closed. The motion for approval passed ,unanimously
by roll call vote and Resolution No. 2009-23 was adopted.
8. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. Mr. Bierman read the following ordinance by title:
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.
A motion for approval, including the incorporation by reference into this
hearing of all amendments and testimony, written and verbal, relative to
this item given at the preceding Local Planning Agency meeting, was
offered by Commissioner Joel, and seconded by Vice Mayor Holzberg.
Mayor Gottlieb opened the public hearing. There being no speakers, the
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public hearing was closed. The motion passed unanimously by roll call
vote.
B. Mr. Bierman read the following ordinance by title:
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.
A motion for approval was offered by Commissioner Auerbach and
seconded by Commissioner Weinberg. Mayor Gottlieb opened the public
hearing. There being no speakers, the public hearing was closed. The
motion passed unanimously by roll call vote.
C. Mr. Bierman read the following ordinance by title:
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 CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Holzberg and seconded
by Commissioner Stern. Mayor Gottlieb opened the public hearing. There
being no speakers, the public hearing was closed. The motion passed
unanimously by roll call vote.
9. ORDINANCES: SECOND READING/PUBLIC HEARING:
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A. Mr. Bierman read the following ordinance by title:
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.
A motion for approval was offered by Commissioner Stern and seconded by
Commissioner Auerbach. Mayor Gottlieb opened the public hearing. There being
no speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote and Ordinance No. 2009-06 was enacted.
B. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE AVENTURA
CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: Mr.
Bierman read the following ordinance by title:
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.
A motion for approval was offered by Commissioner Joel, and seconded by
Commissioner Weinberg. Mayor Gottlieb opened the public hearing. There being
no speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote and Ordinance No. 2009-07 was enacted.
10. RESOLUTIONS -PUBLIC HEARING: None.
11. REPORTS: As presented. Mayor Gottlieb presented the State of the City Address.
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12. PUBLIC COMMENTS: Mel Taks, President, Point East Corporation IV.
13. OTHER BUSINESS: None.
14. ADJOURNMENT: There being no further business come before the Commission
at this time, after motion made, second~l and un ni ou~ly passed, the meeting
adjourned at 7:10 p.m.
resa M. 'So~a, M C, City Clerk
Approved by the Commission on May 5, 2009.
Anyone wishing to appeal any decision made by the City Commission 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.
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