05-05-2009MINUTES Aventura Government Center
CITY COMMISSION MEETING 19200 W. Country Club Drive
MAY 5, 2009 Aventura, Florida 33180
.~....~. ~.~ (following 6 p.m. LPA)
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1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:45 p.m.
immediately following the 6 p.m. LPA meeting by Mayor Susan Gottlieb. Present were
Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Michael Stern, Luz Urbaez
Weinberg, Vice Mayor Teri Holzberg, Mayor Gottlieb, City Manager Eric M. Soroka, City
Clerk Teresa M. Soroka and City Attorney David M. Wolpin. 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. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Joel, seconded by Vice Mayor Holzberg, passed unanimously and the
following action was taken:
A. The following minutes were approved:
April 14, 2009 Commission Meeting
April 23, 2009 Commission Meeting
April 23, 2009 Workshop Meeting
B. Resolution No. 2009-24 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. 2009-25 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED CONTRACT RENEWAL FOR LANDSCAPE
MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT-OF-WAY ON BISCAYNE BOULEVARD
FROM THE OLETA RIVER BRIDGE NORTH TO THE MIAMI-
DADE/BROWARD COUNTY LINE BY AND BETWEEN THE CITY OF
AVENTURA AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
s. 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. None.
7. ORDINANCES: FIRST READING/PUBLIC INPUT: Ex-parte communications by
Commissioners, if any, were disclosed and filed with the City Clerk in accordance
with City Code Section 34. All witnesses giving testimony in these hearings were
sworn in by the City Clerk. Mr. Wolpin advised that both ordinances would be
addressed in the same hearing but voted on separately, read the quasi-judicial
proceedings and the following ordinances by title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR TWO PARCELS LOCATED ON
WEST COUNTRY CLUB DRIVE, CONTAINING A TOTAL OF 2.69
ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A", FROM BUSINESS AND OFFICE TO PARKS AND
RECREATION; AMENDING THE COMPREHENSIVE MASTER PLAN
BY AMENDING THE FUTURE LAND USE DESIGNATION FOR TWO
PARCELS OF LAND LOCATED ON WEST COUNTRY CLUB DRIVE
CONTAINING A TOTAL OF 2.69 ACRES MORE OR LESS AND MORE
PARTICULARLY DESCRIBED IN EXHIBIT "B" FROM PARKS AND
RECREATION TO BUSINESS AND OFFICE; PROVIDING FOR
TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER
163, PART II, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND
PROVIDING FOR AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY
AMENDING THE ZONING DESIGNATION FOR TWO PARCELS OF
LAND LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A
TOTAL OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", FROM B2, COMMUNITY BUSINESS
DISTRICT TO ROS, RECREATION OPEN SPACE AND BY AMENDING
THE ZONING DESIGNATION FOR TWO PARCELS OF LAND
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LOCATED ON WEST COUNTRY CLUB DRIVE CONTAINING A TOTAL
OF 2.69 ACRES MORE OR LESS AND MORE PARTICULARLY
DESCRIBED IN EXHIBIT "B", FROM ROS, RECREATION OPEN
SPACE TO B2, COMMUNITY BUSINESS DISTRICT; APPROVING THE
THIRD AMENDMENT TO RESTRICTIONS RELATING TO THE GOLF
COURSE AND COUNTRY CLUB PARCELS; ACCEPTING THE
DECLARATION OF RESTRICTIONS CONTAINING THE APPLICANT'S
PROFFER OF SITE IMPROVEMENTS AND OTHER RESTRICTIONS
ON THE PARCEL DESCRIBED IN EXHIBIT "B"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Gottlieb opened the public hearing. There being no speakers, the
public hearing was closed. A motion for approval of item 7-A, including
the incorporation by reference into this hearing of all amendments and
testimony, written and verbal, relative to these items given at the
preceding Local Planning Agency meeting, was offered by Vice Mayor
Holzberg, and seconded by Commissioner Joel. The motion passed
unanimously by roll call vote.
A motion for approval of item 7-B, including the incorporation by reference
into this hearing of all amendments and testimony, written and verbal,
relative to these items given at the preceding Local Planning Agency
meeting, was offered by Commissioner Auerbach, and seconded by
Commissioner Diamond. The motion passed unanimously by roll call
vote.
8. ORDINANCES: SECOND READING/PUBLIC HEARING:
A. Mr. Wolpin 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 was offered by Commissioner Stern, and seconded by
Commissioner Auerbach. Mayor Gottlieb opened the public hearing. There being
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no speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote and Ordinance No. 2009-08 was enacted.
B. Mr. Wolpin 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 1 "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 Weinberg, 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. 2009-09 was enacted.
C. Mr. Wolpin 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 Commissioner Diamond, 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. 2009-10 was enacted.
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D. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE AVENTURA
CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: Mr. Wolpin
read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL
BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR
FISCAL YEAR 2009/10 (JULY 1 -JUNE 30), PURSUANT TO SECTION
4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF
FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR
BUDGETARY CONTROL; PROVIDING FOR PERSONNEL
AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS;
PROVIDING FOR AMENDMENTS; PROVIDING FOR
ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Weinberg, and seconded by
Commissioner Joel. 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. 2009-11 was enacted.
9. RESOLUTIONS -PUBLIC HEARING: None.
10. REPORTS: As presented.
11. PUBLIC COMMENTS:
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconde and un ni ous y passed, the meeting
adjourned at 7 p.m. ~ ~ A
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~ M a, MC, City Clerk
Approved by the Commission on June ~?J009. ~
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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