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04-10-2007 The City of Aventura ,~ <,....'''/ MINUTES CITY COMMISSION MEETING APRIL 1 0, 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 6:00 p.m. Present were Commissioners lev Auerbach, Bob Diamond, Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Mayor Gottlieb, City Manager Eric M. Soroka, and City Attorney David M. Wolpin. City Clerk Teresa M. Soroka was absent due to illness. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Chief Steve Steinberg. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. ELECTION OF VICE MAYOR: After motion made by Commissioner Joel, seconded by Commissioner Holzberg, and unanimously passed, Commissioner Stern was elected Vice-Mayor for next 6-month period. 5. SPECIAL PRESENTATIONS: Service awards were presented to 10-year employees Glenn Finlay, Christa Wallner, James McEvoy, John Ogden, Manuel Gonzalez, Richard McCrory, Juan Gonzalez, and Richard Lefkowitz. 6. CONSENT AGENDA: Mayor Gottlieb requested removal of item 6-8. A motion to approve the remainder of the Consent Agenda was offered by Vice Mayor Stern, seconded by Commissioner Joel, unanimously passed and the following action was taken: A. The following minutes were approved: March 13, 2007 Commission Meeting March 22, 2007 Workshop Meeting C. Resolution No. 2007-18 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 INTERLOCAL AGREEMENT FOR DISTRIBUTION, USE AND REPORTING OF CHARTER COUNTY TRANSIT SYSTEM SURTAX PROCEEDS LEVIED BY MIAMI-DADE COUNTY, AS ATTACHED HERETO, BY AND BETWEEN THE CITY OF AVENTURA AND MIAMI- DADE COUNTY; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. D. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $61,000 TO PURCHASE SOFTWARE, FLEET CANOPY AND EQUIPMENT AND AFIS ETHER NET CONNECTION FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. E. Resolution No. 2007-19 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA URGING ALL MUNICIPALITIES IN MIAMI- DADE COUNTY TO ADOPT A PROCESS FOR THE UTILIZATION OF A SPECIAL INSPECTOR/LICENSED ENGINEER TO CONDUCT THE INSPECTION OF HURRICANE SHUTTERS IN MULTI-FAMILY STRUCTURES; AND PROVIDING AN EFFECTIVE DATE. The following item was removed from the Consent Agenda and addressed separately: B. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN AMENDMENT TO AGREEMENT, AS ATTACHED HERETO, BY AND BETWEEN THE CITY OF AVENTURA AND CLEAR CHANNEL OUTDOOR, INC., RELATING TO COMMERCIAL ADVERTISING SIGN; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Joel and seconded by Commissioner Auerbach. The motion passed unanimously and Resolution No. 2007-20 was adopted. 6. ZONING HEARINGS: 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 Community Services Employee Notary Gail Fishman. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CONCERNING AN APPLICATION FOR MODIFICATION OF 2 CONDITION NUMBERED 5. OF THE CONDITIONAL USE APPROVAL GRANTED THROUGH RESOLUTION NO. 2002-46 TO EXTEND THE TIME TO DEMOLISH BUILDING "FF" AND TO CONSTRUCT THE ROADWAY, OFF- STREET PARKING AND INTERFACE WITH THE EXISTING PLAZA ON THE LOEHMANN'S PLAZA SITE AT 18741 BISCAYNE BOULEVARD, AVENTURA, FROM APRIL 25, 2007 TO APRIL 25, 2008; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Weinberg and seconded by Commissioner Diamond. Planning Director Joanne Carr addressed the Commission and entered the staff report into the record. Mayor Gottlieb opened the public hearing. The following individual(s) addressed the Commission: Clifford Schulman, Esq. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously and Resolution No. 2007- 21 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 BY AMENDING ARTICLE II "OCCUPATIONAL LICENSE TAXES" OF CHAPTER 18 "BUSINESS REGULATIONS, LICENSES AND PERMITS" TO CONFORM WITH RECENT REVISIONS TO FLORIDA STATUTE CHAPTER 205 BY CHANGING THE TERM OCCUPATIONAL LICENSE TO LOCAL BUSINESS TAX RECEIPT; MAKING COLLATERAL CONFORMING AMENDMENTS TO OTHER AFFECTED PROVISIONS OF THE CITY CODE INCLUDING SECTIONS 2-348, 2-396, 14-62, 30-95, 31-21, 31-150, 31-191, 38-32, 45-35; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Auerbach 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. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2006-08, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2006/07 (JULY 1 - JUNE 30) BY 3 REVISING THE 2006/2007 FISCAL YEAR BUDGET DOCUMENT 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 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. 8. ORDINANCES: SECOND READING: PUBLIC HEARING: None. 9. RESOLUTIONS - PUBLIC HEARING: None. 10. REPORTS: As presented. 11. PUBLIC COMMENTS: Mel Taks, Aventura; Michael Sawyer Brown, West Park. 12. OTHER BUSINESS: 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 6:38 p.m. Approved by the Commission on May 1 , 2 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