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10-02-2007 A~ ft. ,-...';,' MINUTES CITY COMMISSION MEETING OCTOBER 2, 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 at 6: 11 p.m. immediately following the Local Planning Agency meeting. 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 during LPA. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: None. 5. ELECTION OF VICE MAYOR: After motion made by Commissioner Joel, seconded by Commissioner Holzberg and unanimously passed, Bob Diamond was elected Vice Mayor for the next six-month period. 6. CONSENT AGENDA: Mr. Wolpin read the title to item 6-F. 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: September 10, 2007 Commission Meeting September 11, 2007 Commission Meeting September 19, 2007 Commission Meeting September 20, 2007 Workshop Meeting B. Resolution No. 2007-40 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING AND LETTING A TOWING CONTRACT TO SEA Y TOWING, INC. AND A BACK UP TOWING CONTRACT TO MIDTOWN TOWING OF MIAMI, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 2007-41 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 LIBRARY INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE FORM AS ATTACHED HERETO, BY AND BETWEEN THE CITY OF A VENTURA 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. Resolution No. 2007-42 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 THE BILLING OF STORMWATER CHARGES 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. E. Resolution No. 2007-43 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. F. The following ordinance was approved on first reading: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 2007-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2007/2008 FISCAL YEAR BY REVISING THE 2007/2008 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. 7. ZONING HEARINGS: None. 8. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Wolpin read the following ordinance by title: 2 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY OF A VENTURA COMPREHENSIVE PLAN BY ADDING AN 'EDUCATION ELEMENT'; BY AMENDING POLICY 2.4 OF OBJECTIVE 2 OF THE CAPITAL IMPROVEMENT ELEMENT TO ADD LEVEL OF SERVICE STANDARDS FOR PUBLIC SCHOOLS AND FOR THE CITY OF EXCELLENCE SCHOOL; BY ADDING A NEW POLICY 4.18 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENT ELEMENT TO ADOPT BY REFERENCE THE MIAMI DADE COUNTY PUBLIC SCHOOLS FACILITIES WORKPLAN; BY RENUMBERING POLICY 4.18 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENT ELEMENT AND AMENDING THIS POLICY TO ADOPT BY REFERENCE THE CITY OF AVENTURA 2007/08-2011/12 CAPITAL IMPROVEMENT PLAN; BY AMENDING AND ADDING PUBLIC SCHOOL FACILITIES TO THE CONCURRENCY MANAGEMENT SECTION OF THE CAPITAL IMPROVEMENT ELEMENT; BY ADDING A NEW POLICY 1.21 TO OBJECTIVE 1 OF THE INTERGOVERNMENTAL COORDINATION ELEMENT TO COORDINATE THE ESTABLISHMENT OF LEVEL OF SERVICE STANDARDS FOR PUBLIC SCHOOL FACILITIES AND TO RENUMBER EXISTING POLICIES 1.21 THROUGH 1.24 INCLUSIVE OF THE INTERGOVERNMENTAL COORDINATION ELEMENT TO POLICIES 1.22 THROUGH 1.25 INCLUSIVE; PROVIDING FOR TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval, 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 Stern 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. 9. ORDINANCES: SECOND READING: PUBLIC HEARING: Mr. Wolpin noted that the following items would be tabled after the public hearings to October 18, 2007 at 9 a.m. due to a technical error in the legal advertisement. 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 3 FOR PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. A motion to table this matter to October 18, 2007 at 9 a.m. was offered by Commissioner Weinberg, seconded by Commissioner Auerbach and unanimously passed. B. Mr. Wolpin read the following ordinance by title: 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. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. A motion to table this matter to October 18, 2007 at 9 a.m. was offered by Commissioner Joel, seconded by Commissioner Holzberg and unanimously passed. 10. RESOLUTIONS - PUBLIC HEARING: None. 11. REPORTS: As presented. 12. PUBLIC COMMENTS: Bob Burroughs. 13. OTHER BUSINESS: None. Anyone wishing to appeal any decision made by the City C ission 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. e the Commission sed, the meeting 14. ADJOURNMENT: There being no further, sines at this time, after motion made, seconde and un adjourned at 6:40 p.m. Approved by the Commission on Nov mb 4