02-06-2007
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MINUTES
CITY COMMISSION MEETING
FEBRUARY 6, 2007
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 6:10 p.m. following the Local Planning Agency meeting. Present were
Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Michael Stern, Luz Urbaez
Weinberg, Vice Mayor Harry 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: Commissioner Harry Holzberg was honored with a
plaque and words of appreciation from the Commission and Administration for his years
of service as a member of the City Commission since the City's incorporation in 1996.
Commissioner Stern left the meeting at this time.
5. CONSENT AGENDA: Commissioner Joel requested removal of item 5-1. A motion
to approve the remainder of the Consent Agenda was offered by Commissioner
Diamond, seconded by Commissioner Auerbach, unanimously passed and the following
action was taken:
A. The following minutes were approved:
January 9,2007 Commission Meeting
January 24, 2007 Workshop Meeting
B. Resolution No. 2007-03 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2007
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.
C. Resolution No. 2007-04 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 PURCHASE MULTIPLE COPIES
OF THE CITY GUIDE FROM AVENTURA MAGAZINE; PROVIDING FOR
EFFECTIVE DATE.
D. Resolution No. 2007-05 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 FIRST
AMENDMENT TO AGREEMENT, AS ATTACHED HERETO, BY AND
BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY
RELATING TO MIAMI GARDENS DRIVE CONNECTOR
IMPROVEMENTS JOINT PARTICIPATION PROJECT; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
E. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $60,000 TO
CONSTRUCT ADDITIONAL SUPERVISOR OFFICES FROM THE
POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY
MANAGER'S MEMORANDUM.
F. Resolution No. 2007-06 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AN EXTENSION OF TIME TO
RECORD THE "MERCO AT AVENTURA" FINAL PLAT, BEING A PLAT
OF A PORTION OF THE SOUTHWEST 114 OF SECTION 3, TOWNSHIP
52 SOUTH, RANGE 42 EAST, CITY OF AVENTURA, MIAMI-DADE
COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
G. Resolution No. 2007-07 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA RATIFYING THE RECORDATION OF "ATRIUM
AT AVENTURA" RECORDED IN PLAT BOOK 165, PAGE 95 OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, BEING A REPLAT OF
A PORTION OF TRACT N OF MARINA DEL REY REVISED (PB 144,
PG 89) AND A PORTION OF THE SOUTH 112 OF SECTION 3,
TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF AVENTURA,
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MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
H. Resolution No. 2007-08 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.
Commissioner Stern returned to the meeting at this time.
The following item was removed from the Consent Agenda and addressed
separately:
I. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, CONCERNING EARLY VOTING FOR THE
MARCH, 2007 CITY OF AVENTURA COMMISSION ELECTION;
PROVIDING FOR THE ELIMINATION OF EARLY VOTING FOR THE
2007 CITY COMMISSION ELECTION, IN THE EVENT THAT THERE IS
NO MORE THAN ONE CONTESTED COMMISSION SEAT RACE;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR EFFECTIVE
DATE.
A motion to approve the resolution with an amendment to provide for the
elimination of early voting for the March 6, 2007 election was offered by
Commissioner Joel and seconded by Commissioner Weinberg. The
motion passed unanimously by roll call vote and Resolution No. 2007-09
was adopted.
6. ZONING HEARINGS: None
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
All witnesses giving testimony were sworn in by the City Clerk. Mr. Wolpin
announced that 7-A and 7-B would be addressed in one public hearing, quasi
judicial proceedings would be invoked and he read the following ordinances by
title:
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A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR PROPERTY LOCATED AT 3301
NE 213 STREET KNOWN AS WATERWAYS PARK, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM BUSINESS AND
OFFICE TO PARKS AND RECREATION; PROVIDING FOR
TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER
163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN
EFFECTIVE DATE.
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 A 7.0 ACRE PARCEL
OF LAND LOCATED AT 3301 NE 213 STREET, KNOWN AS
WATERWAYS PARK AND MORE PARTICULARLY DESCRIBED IN
EXHIBIT A, FROM MO, MEDICAL OFFICE DISTRICT, TO ROS,
RECREATION OPEN SPACE DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of item 7 -A, including the incorporation by reference into
this hearing of all amendments and testimony, written and verbal, relative to this
item given at the preceding Local Planning Agency meeting, was offered by
Commissioner Joel, and seconded by Vice Mayor Holzberg. 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.
A motion for approval of item 7-B, including the incorporation by reference into
this hearing of all amendments and testimony, written and verbal, relative to this
item given at the preceding Local Planning Agency meeting, was offered by
Commissioner Joel, and seconded by Vice Mayor Holzberg. 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. ORDINANCES: SECOND READING: PUBLIC HEARING:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2006-13 WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 2006/2007 FISCAL
YEAR BY REVISING THE 2006/2007 FISCAL YEAR OPERATING AND
CAPITAL BUDGET AS OUTLINED IN EXHIBIT "An ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
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NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Weinberg and seconded by
Commissioner 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 and Ordinance No. 2007-03 was enacted.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-171(e) "DRIVE THROUGH SERVICE WINDOWS" OF THE
CITY'S LAND DEVELOPMENT REGULATIONS, TO REVISE
REQUIRED VEHICLE STACKING SPACES FOR GATEHOUSES AND
CONTROLLED ENTRIES AND TO PROVIDE THE MINIMUM
REQUIRED SIZE OF VEHICLE STACKING SPACE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
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 for approval
passed unanimously by roll call vote and Ordinance No. 2007-04 was enacted.
9. RESOLUTIONS - PUBLIC HEARING: Mr. Wolpin read the following resolution in its
entirety:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, SUPPORTING THE CREATION OF A PERFORMING ARTS
CENTER FOR THE CITY OF AVENTURA; AUTHORIZING THE CITY
MANAGER TO PROCEED WITH THE IMPLEMENTATION REQUIREMENTS
INCLUDING THE FUNDING, DESIGN, CONSTRUCTION AND OPERATION OF
THE PROPOSED PERFORMING ARTS CENTER; AUTHORIZING THE CITY
MANAGER TO REQUEST THE MIAMI-DADE COUNTY COMMISSION TO
REALLOCATE THE COUNTY'S GOB BOND PROGRAM BUILDING BETTER
COMMUNITIES FUNDS DESIGNATED FOR THE CITY FOR THE
PERFORMING ARTS CENTER PROJECT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel and seconded by
Commissioner Diamond. Mayor Gottlieb opened the public hearing. The
following individuals addressed the Commission: Elaine Adler, President,
Aventura Marketing Council; Gilbert Rosenberg, 3731 N. Country Club Drive;
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Sydney Faye Davis, 3900 Island Boulevard; and Gustavo Blachman, 21200 Point
Place. There being no further speakers, the public hearing was closed. The
motion for approval passed unanimously and Resolution No. 2007-10 was
adopted.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: None.
12. OTHER BUSINESS:
13. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and
adjourned at 7:00 p.m.
unanimously passed, the meeting
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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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