09-01-2009
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MINUTES
CITY COMMISSION MEETING
SEPTEMBER 1, 2009
immediately following 6 p.m. LPA
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:37 p.m. by
Mayor Susan Gottlieb immediately following the 6 p.m. Local Planning Agency Meeting.
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 Commissioner Stern, passed unanimously and the
following action was taken:
A. The following minutes were approved:
July 7, 2009 Commission Meeting
July 16, 2009 Commission Meeting
July 16, 2009 Workshop Meeting
B. Resolution No. 2009-34 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 AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT DATED FEBRUARY 8, 2008 BY AND BETWEEN THE
CITY OF A VENTURA AND AMERICAN TRAFFIC SOLUTIONS, INC.;
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. 2009-35 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. 09-07-01-2, BISCAYNE BOULEVARD LANDSCAPE
MAINTENANCE TO LUKES' LANDSCAPING, INC. AT THE BID PRICE
OF $398,892.00; 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.
D. Resolution No. 2009-36 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE PLAT OF "AVENTURA
VILLAS", BEING A REPLAT OF A PORTION OF TRACT F OF FIRST
ADDITION, BISCA YNE YACHT AND COUNTRY CLUB, RECORDED IN
PLAT BOOK 89, PAGE 100 OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA, LYING AND BEING IN THE CITY OF
AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
E. CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF
EXCELLENCE SCHOOL BOARD OF DIRECTORS approved the
following motion:
MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE
FINANCIAL REPORT FOR THE AVENTURA CITY OF EXCELLENCE
SCHOOL FOR THE FISCAL YEAR ENDED JUNE 30, 2009 AND TO
ACCEPT FOR FILING THAT LETTER DATED AUGUST 24, 2009
ATTACHED AS ATTACHMENT 1
F. Resolution No. 2009-37 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN SOUTH
FLORIDA MONEY LAUNDERING STRIKE FORCE VOLUNTARY
COOPERATION MUTUAL AID AGREEMENT ATTACHED HERETO;
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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Ex parte communications, if any, were disclosed by the Commission. Quasi-
judicial proceedings were invoked and all persons giving testimony on this item
were administered the oath by Mrs. Soroka. Mr. Wolpin read the following
resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VECNTURA,
FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW AN
ABOVEGROUND EMERGENCY FUEL STORAGE TANK IN THE
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL (RMF3) DISTRICT AND
GRANTING VARIANCE FROM SECTION 31-143(D)(4) OF THE CITY CODE
TO ALLOW A 1,000 GALLON CAPACITY SIZE OF TANK, WHERE A
MAXIMUM TANK SIZE OF 550 GALLONS IS PERMITTED BY CODE, FOR
MIAMI-DADE COUNTY WATER PUMPING STATION #464 AT 3601 NE 207
STREET, CITY OF AVENTURA; AND, GRANTING CONDITIONAL USE
APPROVAL TO ALLOW AN ABOVEGROUND EMERGENCY FUEL
STORAGE TANK IN THE MULTIFAMILY HIGH DENSITY RESIDENTIAL
(RMF4) DISTRICT AND GRANTING VARIANCE FROM SECTION 31-143(F)(4)
OF THE CITY CODE TO ALLOW A 1,000 GALLON CAPACITY SIZE OF
TANK, WHERE A MAXIMUM TANK SIZE OF 550 GALLONS IS PERMITTED
BY CODE, FOR MIAMI-DADE COUNTY WATER PUMPING STATION #475 AT
3650 NE 213 STREET, CITY OF AVENTURA; AND, GRANTING VARIANCE
FROM SECTION 31-144(F)(6) OF THE CITY CODE TO ALLOW A 4,000
GALLON CAPACITY ABOVE GROUND EMERGENCY FUEL STORAGE
TANK IN THE MEDICAL OFFICE (MO) DISTRICT, WHERE A MAXIMUM
TANK SIZE OF 550 GALLONS IS PERMITTED BY CODE, FOR MIAMI-DADE
COUNTY WATER PUMPING STATION #424 AT 21101 NE 28 AVENUE, CITY
OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of this item was offered by Vice Mayor Holzberg, and
seconded by Commissioner Weinberg. 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: Representatives of Miami-Dade County, applicant
and Michael Levine, Marina Cove Circle. There being no further speakers, the
public hearing was closed. The motion passed unanimously and Resolution No.
2009-38 was adopted.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE OF THE CITY OF AVENTURA BY ADDING NEW
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ARTICLE VI. ENTITLED "GREEN BUILDING PROGRAM" TO CHAPTER
14 "BUILDINGS AND BUILDING REGULATIONS" OF THE CITY CODE;
ESTABLISHING DEFINITIONS, STANDARDS, PROCEDURES,
REQUIREMENTS AND INCENTIVES; PROVIDING FOR VOLUNTARY
PARTICIPATION RELATING TO NEW CONSTRUCTION OR
SUBSTANTIAL RENOVATIONS AS PROVIDED IN THE ARTICLE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Weinberg and seconded by
Commissioner Holzberg. Ms. Carr addressed the Commission. There was no
public input. The motion for approval passed 6-1 by roll call vote with
Commissioner Auerbach voting no.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 31 "LAND DEVELOPMENT REGULATIONS" OF THE CITY
CODE TO IMPLEMENT GREEN BUILDING INCENTIVES PROPOSED BY
ARTICLE VI. "GREEN BUILDING PROGRAM" OF CHAPTER 14,
"BUILDINGS AND BUILDING REGULATIONS" OF THE CITY CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; 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 these items
given at the preceding Local Planning Agency meeting, was offered by
Commissioner Joel and seconded by Commissioner Stern. There was no public
input. The motion for approval passed 6-1 by roll call vote with Commissioner
Auerbach voting no.
8. ORDINANCES: SECOND READING/PUBLIC HEARING: Mr. Wolpin noted the
availability of a sign-up sheet should individuals be interested in receiving further
information on this issue and then read the following ordinance by title:
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 AVENTURA 2009/10-2013/14 CAPITAL
IMPROVEMENT PROGRAM; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR
AN EFFECTIVE DATE.
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A motion for approval was offered by Commissioner Stern, 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. 2009-15 was enacted.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: Bob Burroughs
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 8 p.m.
Approved by the Commission on October 6,2009.
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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