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02-07-2006 A'!'he Qty ci n..ventUra . MINUTES CITY COMMISSION MEETING FEBRUARY 7, 2006 - 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 6:00 p.m. Present were Commissioners Zev Auerbach, Bob Diamond, Harry Holzberg, Michael Stern, Luz Urbaez Weinberg (arrived during item 7), Vice Mayor Billy Joel, 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 by Teri Holzberg. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: None. Commissioner Stern left the meeting at this time. 5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Vice Mayor Joel, seconded by Commissioner Auerbach, unanimously passed and the following action was taken: A. The minutes of the January 10, 2006 Commission meeting, January 19, 2006 Workshop Meeting, January 19, 2006 Special Meeting, February 1, 2006 Special Meeting and February 2, 2006 Special Meeting were approved. B. Resolution No. 2006-09 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING LIMITED WAIVER FROM PROHIBITION ON TRANSACTING BUSINESS WITH THE CITY, AS AUTHORIZED BY THE MIAMI-DADE COUNTY ETHICS CODE, IN ORDER TO ENABLE THE CITY TO CONTINUE TO UTILIZE THE AVENTURA MAGAZINE FOR PUBLICATION OF THE CITY'S ANNUAL REPORT; PROVIDING FOR EFFECTIVE DATE. C. Resolution No. 2006-10 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2006 LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2006-11 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE TOWN OF GOLDEN BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Commissioner Stern returned to the meeting at this time. 6. ZONING HEARINGS: REQUEST OF HI LIFT MARINA LLC FOR REDEVELOPMENT OF AN EXISTING MARINA AND DRY DOCK BOAT STORAGE FACILITY LOCATED AT 2890 NE 187 STREET, AVENTURA At the request of the applicant, a motion to defer this item to March 7, 2006 was offered by Commissioner Stern, seconded by Commissioner Holzberg and unanimously passed. 7. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2005-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2005/2006 FISCAL YEAR BY REVISING THE 2005/2006 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 Auerbach and seconded by Vice Mayor 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. 8. PUBLIC HEARING: ORDINANCES: SECOND READING: 2 A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS TO REVISE AUTHORITY AND PURPOSE, DEFINITIONS AND USE REGULATIONS TO CREATE ADDITIONAL REGULATIONS, RESTRICTIONS AND PROHIBITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Vice Mayor Joel. Ms. Carr addressed the Commission and reviewed changes to the ordinance subsequent to first reading. Mayor Gottlieb opened the public hearing. The following individuals addressed the Commission: Mildred Husak, Point East; Abraham Moses Genen, Point East; Jeffrey Bercow, Esq., Bercow & Radell; Jacky Tacko, Keystone Point; Fran Ricca, 3101 N. Country Club Drive; Herman Orlando, Point East; Barry Levine, Point East; Mel Schwab, Point East; Dorothy Schwartz, Point East; Patricia Tyler, Point East. There being no further speakers, the public hearing was closed. A motion for approval, as amended, was offered by Commissioner Stern, seconded by Commissioner Diamond, passed unanimously by roll call vote and Ordinance No. 2006-02 was enacted. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 36 "RETIREMENT", AT ARTICLE II "POLICE PENSION PLAN AND TRUST FUND", BY AMENDING SECTION 36-36 "RATE OF CONTRIBUTION"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR 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. 2006-03 was enacted. 9. RESOLUTIONS - PUBLIC HEARING: None. 10. OTHER BUSINESS: None. 11. PUBLIC COMMENTS: Mr. Schwab; Ms. Husak; Rhea Finearts; Mr. Genen; Bob Burroughs. 3 '-"'--'_._~-~-"--"""""""---"~'-' """-'-~-'-'",-_.__.._-~_..._._-_..._-._.,. ....-._--- '._- 12. REPORTS As submitted. 13. ADJOURNMENT: There being no furt at this time, after motion made, seeon adjourned at 7 p.m. Approved by the Commission on Mareh 7, 2006. 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. 4 -------r--..--'-.~-'----_y__.--.--.~---..--.----.--"'.,--.-..,._,~.. -'-'~"'-----