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02-07-2012♦� MINUTES CITY COMMISSION MEETING FEBRUARY 7, 2012 6 PM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 6 p.m. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Michael Stern, Vice Mayor Billy Joel, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney Alan Gabriel. Commissioner Luz Urbaez Weinberg was absent. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Gary Pyott and Jonathan Edwards. 3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: Mr. Soroka presented 15 -year service awards to Police Department employees Michael Maurer and Steven Seefchak. 5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Vice Mayor Joel, seconded by Commissioner Auerbach, passed unanimously and the following action was taken: A. The following minutes were approved: January 3, 2012 Commission Meeting January 19, 2012 Commission Meeting January 19, 2012 Workshop Meeting B. The following motion was offered and approved: MOTION TO APPROVE PRESENTATION OF KEY TO THE CITY TO VICTOR AND CELIA CYNAMON C. Resolution No. 2012 -08 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD OF THE AVENTURA CITY OF EXCELLENCE SCHOOL ( "ACES "), AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION TO INCREASE THE SCHOOL ENROLLMENT AT ACES OVER THE NEXT FIVE YEARS AS OUTLINED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2012 -09 was adopted as follows: A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA IN SUPPORT OF ADEQUATE HOMELAND SECURITY FUNDNG AND TIER I DEPARTMENT OF HOMELAND SECURITY (DHS) DESIGNATION FOR THE MIAMI -FORT LAUDERDALE URBAN AREA SECURITY INITIATIVE (UASI); 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. 2012 -10 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. 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. None. 7. ORDINANCES: FIRST READING/PUBLIC HEARING: None. 8. ORDINANCES: SECOND READING/PUBLIC HEARING: Mr. Gabriel read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, F.S., DATED SEPTEMBER 2, 2003, MADE BETWEEN MERCO GROUP AT AVENTURA LANDINGS I, II AND III, INC. AS DEVELOPER AND THE CITY OF AVENTURA, AS AMENDED OCTOBER 5, 2004 AND NOVEMBER 3, 2010, TO MODIFY EXHIBIT `B' TO THE AGREEMENT AND TO EXTEND THE TERM OF THE AGREEMENT; RELATING TO THE PARCEL OF LAND ZONED RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT, LOCATED ON NE 185 STREET AT NE 28 COURT, CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 4 A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Stern. 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. 2012 -02 was enacted. A motion to change the date of the next Workshop Meeting to February 23, 2012 at 9 a.m. was offered by Commissioner Auerbach, seconded by Vice Mayor Joel and unanimously passed. 9. RESOLUTIONS — PUBLIC HEARING: None. 10. REPORTS: As presented. 11. PUBLIC COMMENTS: Krop High School Senior and Aventura resident Raya Elias Pushett; and 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 6:23 p.m. resa M. oro a, 4MC, City Clerk Approved by the Commission on March 6, 2012. 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. K,