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09-11-2007 The Qty of AVentura - MINUTES CITY COMMISSION MEETING SEPTEMBER 11, 2007 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. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Billy Joel, Luz Urbaez Weinberg, Vice Mayor Michael Stern, 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 Pete Cuccaro. Rev. Will Keyser led the observance in remembrance of the terrorist attacks on September 11, 2001. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: Ten-year Certificates of Service were presented to employees Charles Carlantone and Karyn Brinson. Proclamations were presented by Mayor Gottlieb to Principals of the schools that service the students living in the City of Aventura and to Regional II Superintendent Enid Weisman. 5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Weinberg, seconded by Commissioner Joel, unanimously passed and the following action was taken: A. The following minutes were approved: July 10, 2007 Commission Meeting July 19, 2007 Commission Meeting July 19, 2007 Workshop Meeting B. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $56,500 FOR 10 BALLISTIC PANELS, DFY-IT PROGRAM, LOCKING VEHICLE MOUNTS EQUIPMENT AND WEAPONS FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. C. Resolution No. 2007-35 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL/MANAGEMENT SERVICES FOR THE COMMUNITY RECREATION CENTER BETWEEN THE CITY OF AVENTURA AND SEVERN TRENT MANAGEMENT SERVICES INC. AS SET FORTH IN RFP 07-5-04-2; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. D. Resolution No. 2007-36 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. E. The following motion was approved: MOTION TO APPROVE REQUEST OF HI LIFT MARINA LLC FOR EXTENSION OF APPROVALS GRANTED THROUGH RESOLUTION NO. 2006-57 FOR AN ADDITIONAL SIX MONTH PERIOD FROM SEPTEMBER 12, 2007 TO MARCH 12, 2008. F. Resolution No. 2007-37 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO AMEND THE LIST OF AUTHORIZED USERS FOR ALL BANK OF AMERICA BANK ACCOUNTS AS SET FORTH ON CERTAIN BANK FORMS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. G. The following motion was approved: MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL REPORT FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR THE FISCAL YEAR ENDED JUNE 30, 2007 AND TO ACCEPT FOR FILING THAT LETTER DATED AUGUST 28, 2007 ATTACHED HERETO AS ATTACHMENT 1." 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 City Clerk Teresa M. Soroka. 2 A. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE ESTABLISHMENT OF A SYNAGOGUE, YESHIVA AND LIBRARY IN THE COMMUNITY BUSINESS (B2) DISTRICT FOR PROPERTY LOCATED AT 2956 A VENTURA BOULEVARD, CITY OF A VENTURA; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Vice Mayor Stern. Planning 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: David Lazarus, Esq., Fromberg Perlow & Kornick, and Netsah Israel, representing the applicant; Bob Burroughs, and Rev. Will Keyser. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously and Resolution No. 2007- 38 was adopted. B. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-171(b)(1) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW TWO (2) ENCLOSED PARKING SPACES AND ONE (1) UNENCLOSED PARKING SPACE FOR EACH OF THE TWO UNIT B SINGLE FAMILY RESIDENCES WITHIN THE "VILLAS AT AVENTURA" DEVELOPMENT, WHERE A MINIMUM OF ONE (1) ENCLOSED PARKING SPACE AND TWO (2) UNENCLOSED PARKING SPACES FOR EACH UNIT ARE REQUIRED BY CODE; FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF NE 34 AVENUE AND NORTH COUNTRY CLUB DRIVE; CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Diamond and seconded by Commissioner Auerbach. Planning 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: Brian Adler, Esq., Bilzin Sumberg, and Lyn Savitz, 3375 N. Country Club Drive. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously and Resolution No. 2007-39 was adopted. 3 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 CHAPTER 31 "LAND DEVELOPMENT REGULATIONS" , AT ARTICLE XI "DEVELOPMENT STANDARDS OF GENERAL APPLICABILITY", BY CREATING SECTION 31-242 "PUBLIC SAFETY RADIO SYSTEM PROTECTION"; TO PROTECT RADIO COMMUNICATIONS FOR PUBLIC SAFETY IN THE CITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Weinberg 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. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING CHAPTER 48 "VEHICLES AND USE OF THE RIGHT OF WAY", BY CREATING ARTICLE III," DANGEROUS INTERSECTION SAFETY", PROVIDING FOR RECORDED IMAGE MONITORING AND ENFORCEMENT OF RED LIGHT INFRACTIONS, AND FOR RELATED PROCEDURES AND PROVISIONS; AMENDING CHAPTER 2 "ADMINISTRATION", ARTICLE V "CODE ENFORCEMENT", SECTION 2-348 "SCHEDULE OF CIVIL PENALTIES"; TO FACILITATE USE OF CODE ENFORCEMENT MECHANISM FOR DANGEROUS INTERSECTION SAFETY; 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 Vice Mayor Stern. Mr. Soroka explained the provisions contained in the ordinance. Mayor Gottlieb opened the public hearing. The following individual addressed the Commission: Pete Cuccaro, Public Safety Consultant - Traffipax. There being no further 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. 4 10. REPORTS: As presented. 11. PUBLIC COMMENTS: 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimousl assed, the meeting adjourned at 7: 15 p.m. Approved by the Commission on Oc 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. 5