06-02-2009~~ ~ ~ MINUTES Aventura Government Center
CITY COMMISSION MEETING 19200 W. Country Club Drive
JUNE 2, 2009 6 p.m. Aventura, Florida 33180
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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 ABID/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 Clerk.
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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.
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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
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FACIILTIES 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: Mayor Gottlieb read the following
resolution by title:
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 2013114 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 an unani ous ass ,the meeting
adjourned at 6:35 p.m.
resa M. Sor , M ,City Clerk
Approved by the Commission on July 7, 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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