07-07-2009
City Commission
Susan Gotdieb, Mayor
A~e City of
rl.Ventura
City ManalfCr
Eric M. Soroka, lCMA-CM
Zev Auerbaclh
Bob Diamond
Teri Holzberg
Billy Jod
Miclhad Stern
JLuz U rbaez Weinberg
City Clerk
Teresa M. Soroka, MMC
City Attornev
Weiss Serota Heilfman
Pastoriza Cole & Boniske
JULY 7, 2009 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
4. SPECIAL PRESENTATIONS:
Presentation of Key to City to Chef Allen Susser
Employees Certificates of Appreciation
5. 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:
June 2, 2009 Commission Meeting
June 18,2009 Workshop Meeting
B. MOTION TO APPROVE PRESENTATION OF KEY TO THE
CITY TO CHEF ALLEN SUSSER
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, 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.
6. 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
July 7, 2009
request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must
present evidence oftheir 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:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE CITY OF A VENTURA COMPREHENSIVE PLAN BY
AMENDING POLICY 4.19 OF OBJECTIVE 4 OF THE CAPIT AL
IMPROVEMENTS ELEMENT TO ADOPT BY REFERENCE THE
CITY OF AVENTURA 2009/10-2013/14 CAPITAL IMPROVEMENT
PROGRAM; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING
FOR AN EFFECTIVE DATE.
8. ORDINANCES: SECOND READING/PUBLIC HEARING: None
9. RESOLUTIONS - PUBLIC HEARING: None
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION MEETING JULY 16, 2009 9 AM
5th FLR EX. CONF. ROOM
WORKSHOP MEETING
JULY 16,2009 following 9 AM mtg 5th FLR EX. CONF. ROOM
COMMISSION MEETING SEPTEMBER 1,2009 6 PM
COMMISSION CHAMBER
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who 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. 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 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 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.
2
The Qtv of
AVentura
e.
''''-of''''/
MINUTES
CITY COMMISSION MEETING
JUNE 2, 2009 6 p.m.
Aventura 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,
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
Alan Gabriel. As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Chief Steven Steinberg.
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 Commissioner Auerbach, passed unanimously and
the following action was taken:
A. The following minutes were approved:
May 5, 2009 Commission Meeting
May 14,2009 Workshop Meeting
B. Resolution No. 2009-26 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. 2009-27 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING SEVENTH AMENDMENT TO
EMPLOYMENT AGREEMENT BETWEEN THE CITY MANAGER AND
THE CITY OF AVENTURA; PROVIDING MERIT BONUS; PROVIDING
AN EFFECTIVE DATE.
D. Resolution No. 2009-28 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE
ATTACHED INTERLOCAL AGREEMENT BY AND BETWEEN THE
CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR
PARTICIPATION IN THE MUNICIPAL PARKING FINES
REIMBURSEMENT PROGRAM; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
E. Resolution No. 2009-29 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 09-05-05-2, WEST COUNTRY CLUB DRIVE AND
AVENTURA BOULEVARD RIGHT TURN LANE IMPROVEMENTS, TO
KMC CORPORATION AT THE BID PRICE OF $88,308.50;
AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED
CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND
ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING
FOR AN EFFECTIVE DATE.
F. Resolution No. 2009-30 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ADOPTING CHAPTER 6.6 OF THE
ADMINISTRATIVE POLICY DIRECTIVES AND PROCEDURES
MANUAL, AS ATTACHED HERETO, ENTITLED "INVESTMENT
OBJECTIVES AND PARAMETERS" AS THE CITY'S INVESTMENT
POLICY FOR THE MANAGEMENT OF PUBLIC FUNDS; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
6. 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 Cleric
2
A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, CONCERNING AN
APPEAL PURSUANT TO SECTION 31-83 OF THE CITY CODE FROM A
WRITTEN ORDER, REQUIREMENT, DECISION, DETERMINATION OR
INTERPRETATION MADE BY AN ADMINISTRATIVE OFFICIAL IN
ENFORCEMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS
RELATING TO PROPERTY AT 3560 NE 191 STREET, CITY OF AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
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. Mickey Marrero,
Esq., representing the applicant, requested deferral of this item. A motion to
defer this matter until the July 7, 2009 Commission meeting was offered by Vice
Mayor Holzberg, seconded by Commissioner Stern, and unanimously passed.
7. ORDINANCES: FIRST READING/PUBLIC INPUT: None.
8. ORDINANCES: SECOND READING/PUBLIC HEARING: 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. Gabriel advised that a citizens' courtesy information
list was available for execution by any member of the public wishing to receive
further information regarding this matter, 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.
3
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
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.
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: Jeffrey Bercow, Esq., representing the applicant. There
being no further speakers, the public hearing was closed. A motion for
approval of item 8-A was offered by Commissioner Stern, and seconded
by Commissioner Diamond. The motion passed unanimously by roll call
vote and Ordinance No. 2009-12 was enacted.
A motion for approval of item 8-B was offered by Commissioner Joel, and
seconded by Commissioner Weinberg. The motion passed unanimously
by roll call vote and Ordinance No. 2009-13 was enacted.
C. Mr. Gabriel 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
4
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. A motion for approval was offered by Commissioner Diamond and
seconded by Commissioner Auerbach. Mayor Gottlieb opened the public
hearing. There being no speakers, the public hearing was closed. The
motion passed unanimously by roll call vote and Ordinance No. 2009-14
was enacted.
9.
RESOLUTIONS - PUBLIC HEARING:
resolution by title:
Mayor Gottlieb read the following
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO
ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA
CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR
2009/10 TO 2013/14 AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
Mr. Soroka provided a brief overview and addressed Commission's concerns.
Mayor Gottlieb opened the public hearing. There being no speakers, the public
hearing was closed. A motion for approval was offered by Commissioner
Auerbach, seconded by Commissioner Weinberg, unanimously passed and
Resolution No. 2009-31 was adopted.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: Murray Goldfarb, Mystic Pointe.
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 6:35 p.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
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.
5
A~
-
~,
MINUTES
CITY COMMISSION
WORKSHOP MEETING
June 18,20099 a.m.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at
9:00 a.m. 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.
1. INCENTIVES FOR CONSTRUCTION OF GREEN BUILDING (City Manager): Mr. Soroka
and Community Development Director Joanne Carr addressed the Commission and
recommended that the City Commission review incentives for developers whose building
designs include the use of sustainable building and development planning methods and that
are registered and verified by a recognized environmental rating agency and amend the
City's Code, if necessary, to provide such incentives.
CITY MANAGER SUMMARY: Consensus to provide additional information in response to
Commission's concerns and discuss at a future meeting.
2. FLORIDA GREEN LOCAL GOVERNMENT CERTIFICATION (Citv ManaQer): Mr. Soroka
recommended that the City Commission authorize the City's participation in the Florida
Local Government Certification program sponsored by the Florida Green Builders Coalition.
CITY MANAGER SUMMARY: Consensus to proceed.
3. RECOMMENDATION TO PRESENT KEY TO CITY (Mayor Gottlieb): Mayor Gottlieb
recommended that Chef Allen Susser be presented a Key to the City of Aventura for his
achievements, dedication and commitment to the City of Aventura and the south Florida
community.
CITY MANAGER SUMMARY: Consensus to proceed.
4. SELECTION OF VOTING DELEGATE FOR FLORIDA LEAGUE OF CITIES: Mr. Soroka
requested Commission select a voting delegate for the Florida League of Cities annual
meeting.
CITY MANAGER SUMMARY: Consensus to select Commissioner Weinberg.
5. ADJOURNMENT: There being no further business to come before the Commission at this
time, after motion made, seconded and unanimously passed, the meeting adjourned at 9:52
a.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
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.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Commission ~.
Eric M. Soroka, ICMe-M~ City Manage
June 30, 2009
TO:
SUBJECT:
Resolution Declaring Equipment Surplus
DATE:
July 7,2009 Commission Meeting Agenda Item SC
RECOMMENDA TION
It is recommended that the City Commission adopt the attached Resolution declaring
certain equipment as surplus to the needs of the City.
BACKGROUND
Section 2-258 of the City Code of Ordinances provides that any property owned by the
City which has become obsolete or which has outlived its usefulness may be disposed
of in accordance with procedures established by the City Manager, so long as the
property has been declared surplus by a resolution of the City Commission.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
ceo 1657 -09
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Eric M. Soroka, City Manager
FROM: Steven Steinberg, Chief of Police
DATE: 26 June 2009
SUBJECT: Surplus Property
I would like to have the below listed city property declared Surplus Property as
per City of Aventura APDP, Chapter 6, Subsection 5, Page 1 as these items
have become inadequate for public purposes:
Veh # Vin #
Tag #
YrjMakejModel
3383 2FAFP71VV03X167522 219021 2003 Crown Victoria
1501 2FAFP71VV75X132561 141344 2005 Crown Victoria
RESOLUTION NO. 2009-_
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.
WHEREAS, the City Manager desires to declare certain property as surplus to
the needs of the City; and
WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that
has been declared surplus cannot be disposed of prior to the preparation and formal
approval of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. The above recitals are hereby confirmed and
adopted herein.
Section 2. The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental
agency or, if of no value, discarded.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 5.
adoption.
The foregoing Resolution was offered by Commissioner
its adoption. The motion was seconded by Commissioner
put to a vote, the vote was as follows:
This Resolution shall become effective immediately upon its
, who moved
, and upon being
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Teri Holzberg
Mayor Susan Gottlieb
Resolution No. 2009-
Page 2
PASSED AND ADOPTED this ih day of July, 2009.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
BY: Joanne Carr, AIC
Community Development Director
TO: City Commission
FROM: Eric M. Soroka, IC
City Manager
DATE: June 15, 2009
SUBJECT: Petition of the City of Aventura to Amend the City of Aventura
Comprehensive Plan by amending the Capital Improvements Element
to adopt by reference the City's 2009/10 - 2013/14 Capital
Improvement Program (02-CPA-09)
July 7, 2009 Local Planning Agency Meeting Agenda Item ..:!..
July 7, 2009 City Commission Meeting Agenda Item ~
September 1, 2009 City Commission Meeting Agenda Item _
RECOMMENDATION
It is recommended that the City Commission approve an amendment to Policy 4.19
of the Capital Improvements Element of the City of Aventura Comprehensive Plan to
adopt the 2009/10 - 2013/14 Capital Improvement Program by reference as an
update to the City's Capital Improvements Element.
THE REQUEST
City staff is requesting an amendment to Policy 4.19 of the
Capital Improvements Element of the City of Aventura Comprehensive Plan to adopt
the City's most recent Capital Improvement Program into the Plan.
BACKGROUND
Section 163.3177(3)(b)1., Florida Statutes, requires that the City annually adopt, by
December 1 of each year, its most recently approved Capital Improvements
Schedule into the Comprehensive Plan. The proposed amendment adopts by
reference the current Capital Improvements Schedule contained within the 2009/10 -
2013/14 Capital Improvement Program approved by the City Commission on June 2,
2009 through Resolution No. 2009-31.
THE AMENDMENT
The proposed amendment is to Policy 4.19 of the Capital Improvements Element of
the Comprehensive Plan, as follows 1:
"Policy 4.19
The City of Aventura 2008/09 2012/13 2009/10 - 2013/14 Capital Improvement
Program and the Capital Improvements Schedule included therein, contains a schedule
of projects that the City shall implement in order to meet its adopted Level of Service
standards and ensure the financial feasibility of this Comprehensive Plan. The 2008/09
2012/13 2009/10 - 2013/14 Capital Improvement Program is hereby adopted by
reference as part of the Capitallmprovement~ Element."
ANALYSIS
Section 31-53 of the City's Land Development Regulations provides that the
Comprehensive Plan may be amended in accordance with that section and in
accordance with the notice and hearing procedures set forth in both the Land
Development Regulations and the applicable Florida Statutes.
Section 163.3177(3)(b)1. of the Florida Statutes requires that the annual update of
the City's Capital Improvement Schedule be adopted into the Comprehensive Plan
by ordinance. Section 163.3177(3)(b) 2. provides that adoption of the annual update
to the Plan is not subject to review and comment by the State and other agencies
before adoption.
Notice of the proposed amendment has been properly published. Once adopted by
the City Commission, a copy of the ordinance will be provided to the Florida
Department of Community Affairs (DCA) as evidence of the City's compliance with
Section 163.3177(3)(b)1. of the Florida Statutes.
1 Underlined text indicates insertions. Stricken-through text indicates deletions.
2
RESOLUTION NO. 2009-31
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO
ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA
CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR
2009/10 TO 2013/14 AUTHORIZING THE CITY MANAGER TO DO All
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Program document for fiscal years 2009/10 to
2013/14, attached hereto was presented and recommended to the City Commission of the City of
Aventura by the City Manager as a long term plan of proposed capital expenditures, the means
and methods of financing the projects and an action plan for the implementation of the projects;
and
WHEREAS, the City Commission recognizes the need to adopt a Capital Improvement
Program to address Beautification and Parks, Transportation, Drainage and Infrastructure
Improvements, Public Buildings and Facilities, Information Technology and Capital Equipment
Purchase and Replacement which represents a commitment by the community toward
achievement and maintenance of a desirable high quality of life forall residents; and
WHEREAS, the City Commission recognizes the need to formulate a Capital Improvement
Program which adopts a sound financing plan; and
WHEREAS, the City Commission has reviewed the Capital Improvement Program
document at a public meeting of the City Commission and wishes to adopt said document in
concept.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby accepts and adopts in principle, subject to
annual revisions and authorization, the City of Aventura Capital Improvement Program document
for fiscal years 2009/10 to 2013/14 attached hereto and incorporated herein as specifically as if set
out at length herein.
Section 2. The City Manager be and the same is hereby authorized to do all things
necessary and expedient in order to carry out the aims of this Resolution.
Section 3. This Resolution shall take effect immediately upon adoption.
The foregoing resolution was offered by Commissioner Auerbach, who moved its adoption.
The motion was seconded by Commissioner Weinberg, and upon being put to a vote, the vote was
as follows: Commissioner Zev Auerbach ves
Commissioner Bob Diamond ves
Commissioner Billy Joel ves
Commissioner Michael Stern ves
Commissioner Luz Urbaez Weinberg ves
Vice Mayor T eri Holzberg yes
Mayor Susan Gottlieb ves
Resolution No. 2009- ~
Page 2
PASSED AND ADOPTED this 2nd day of June, 2009.
APPRN~g;Y
CITY ATTORNEY
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING
POLICY 4.19 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENTS
ELEMENT TO ADOPT BY REFERENCE THE CITY OF A VENTURA
2009/10-2013/14 CAPITAL IMPROVEMENT PROGRAM; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 163.3177(3)(b)1. of the Florida Statutes requires
municipalities to annually adopt an updated Capital Improvements Schedule and to
amend the Capital Improvements Element in the Comprehensive Plan to include the
updated Schedule; and
WHEREAS, at a public hearing on September 1, 2009, the City of Aventura Local
Planning Agency reviewed the proposed update to the Capital Improvements Element,
found the proposed change to be consistent with the City of Aventura Comprehensive
Plan and recommended approval of the update to the City Commission.
WHEREAS, the City Commission has conducted a first and second reading of the
proposed ordinance amending Policy 4.19 of the Capital Improvements Element of the
Comprehensive Plan to adopt by reference the current Capital Improvements Schedule
contained within the City's 2009/10 - 2013/14 Capital Improvement Program at duly
noticed public hearings as required by law and finds that based on the City of Aventura
Local Planning Agency's recommendation, the recommendation of staff and comments
from the public, the proposed amendment to update the Capital Improvements Element
will not result in any adverse impacts on any infrastructure system that will exceed
established level of service standards and is otherwise consistent with the goals,
objectives and policies of the Comprehensive Plan of the City of Aventura; and
WHEREAS, the City Commission believes it is in the best interest of the public to
amend the Comprehensive Plan to adopt the updated and approved Capital
Improvements Schedule contained in the City's 2009/10-2013/14 Capital Improvement
Program.
Ordinance No. 2009 -
Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Findinas. That the foregoing "Whereas" clauses are hereby
ratified and incorporated as the legislative intent of this Ordinance.
Section 2. Amendment to the Comprehensive Plan. That Policy 4.19 of
Objective 4 of the Capital Improvements Element of the City of Aventura Comprehensive
Plan is hereby amended as follows 1:
"Policy 4.19
The City of Aventura 2008.'09 2012.'13 2009/10 - 2013/14 Capital Improvement Program and
the Capital Improvements Schedule included therein, contains a schedule of projects that the
City shall implement in order to meet its adopted Level of Service standards and ensure the
financial feasibility of this Comprehensive Plan. The 2008.'09 2012.'13 2009/10 - 2013/14
Capital Improvement Program is hereby adopted by reference as part of the Capital
Improvements Element."
Section 3. 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 4. Inclusion in the Comprehensive Plan. 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 Comprehensive Plan of the City of Aventura.
Section 5. Effective Date. That this Ordinance shall be effective immediately
upon passage by the City Commission on second reading, except that the effective
date of the Plan Amendment approved by this Ordinance shall be the date a final order
is issued by the Florida Department of Community Affairs or Administration
Commission finding that the Plan Amendment in compliance in accordance with
Section 163.3184, Florida Statutes, whichever occurs earlier. The Florida Department
of Community Affairs' notice of intent to find the Plan Amendment in compliance shall
Ordinance No. 2009 -
Page 3
be deemed to be a final order if no timely petition challenging the Plan Amendment is
filed pursuant to Chapter 163, Florida Statutes.
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 Zev Auerbach
Commissioner Bob Diamond
Commissioner Michael Stern
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Teri Holzberg
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 Michael Stern
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Teri Holzberg
Mayor Susan Gottlieb
PASSED on first reading this ih day of July, 2009.
Ordinance No. 2009 -
Page 4
PASSED AND ADOPTED on second reading this 1st day of September, 2009.
Susan Gottlieb, Mayor
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY