01-08-08
The Qty d
AVentura
ft.
,.....,.';,;'
MINUTES
CITY COMMISSION MEETING
JANUARY 8, 2008 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 following the 6 p.m. Local Planning Agency Meeting. Present were
Commissioners Zev Auerbach, Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez
Weinberg, Vice Mayor Bob Diamond, 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 the LPA meeting.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Vice Mayor Diamond, seconded by Commissioner Auerbach, unanimously passed and
the following action was taken:
A. The following minutes were approved:
November 6, 2007 Commission Meeting
November 14, 2007 Workshop Meeting
December 14,2007 Special Meeting
B. Resolution No. 2008-01 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF
MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES
ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE.
C. Resolution No. 2008-02 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA SELECTING THE FIRM OF AMERICAN
TRAFFIC SOLUTIONS, INC. TO PROVIDE TRAFFIC SAFETY CAMERA
PROGRAM RELATIVE TO RFQ NO. 08-11-13-2; AUTHORIZING THE
CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID
SERVICES; AUTHORIZING NEGOTIATIONS WITH AN ALTERNATE
FIRM TO PERFORM THE REQUIRED SERVICES SHOULD
NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
D. Resolution No. 2008-03 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DEDICATING A TEN (10) FOOT WIDE
EASEMENT TO FLORIDA POWER AND LIGHT COMPANY ON THE
WATERWAYS PARK EXPANSION SITE; PROVIDING FOR
RECORDATION; AUTHORIZING THE CITY MANAGER TO TAKE ALL
ACTION NECESSARY TO IMPLEMENT THE PURPOSES OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
E. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $25,000
FOR THE PURCHASE OF PERSONNEL MANAGEMENT SOFTWARE
AND TO CONTRIBUTE TO THE NATIONAL LEO MEMORIAL MUSEUM
FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE
CITY MANAGER'S MEMORANDUM.
F. Resolution No. 2008-04 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 BETWEEN THE CITY OF
A VENTURA AND PGAL ARCHITECTS TO PERFORM
ARCHITECTURAL AND ENGINEERING SERVICES TO PLAN, DESIGN
AND PERMIT THE CITY'S ARTS & CULTURAL CENTER PROJECT;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
G. Resolution No. 2008-05 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 AGREEMENT
BETWEEN THE CITY OF A VENTURA AND MIAMI-DADE COUNTY
FOR GOB PROJECT NUMBER 57 A VENTURA PERFORMING ARTS
CENTER COMMITTING THE CITY OF AVENTURA TO COMPLETE THE
PERFORMANCE ARTS PROJECT OUTLINED IN EXHIBIT I OF THE
AGREEMENT; AUTHORIZING THE CITY MANAGER TO CONTRACT
WITH THIRD PARTY CONTRACTORS TO COMPLETE THE PROJECT
2
IN ACCORDANCE WITH CITY'S PURCHASING PROCEDURES;
COMMITTING TO CITY OF AVENTURA TO PROVIDE OPERATING,
MAINTENANCE AND PROGRAMMING FUNDS UPON THE
COMPLETION OF THE PERFORMING ARTS CENTER DETAILED IN
EXHIBIT I OF AGREEMENT, IF APPLICABLE, TO THE EXTENT
ALLOWED BY LAW ; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
H. Resolution No. 2008-06 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE
ATTACHED CHANGE ORDER EXHIBIT I FOR BID NO. 07-02-26-2 FOR
WATERWAYS DOG PARK CONSTRUCTION BY AND BETWEEN THE
CITY AND LINK CONSTRUCTION GROUP, INC.; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
I. Resolution No. 2008-07 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 CITY OF HALLANDALE 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.
6. ZONING HEARINGS: None.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-171(a)(6) "OFF-STREET PARKING, LOADING AND
DRIVEWAY STANDARDS" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO PERMIT MECHANICAL PARKING LIFTS TO BE
COUNTED AS REQUIRED PARKING SPACES SUBJECT TO CERTAIN
3
CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; 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 Auerbach and seconded by Commissioner
Weinberg. Planning Director Joanne Carr addressed the Commission and
entered the staff report into the record. Mayor Gottlieb opened the public
hearing. There being no speakers, the public hearing was closed. The
motion for approval passed unanimously (6-0 with Vice Mayor Diamond
absent from the room) by roll call vote.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-144(e) "OFFICE PARK (OP) DISTRICT" OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO PERMIT DISPLAY
SHOWROOMS AS A CONDITIONAL USE SUBJECT TO CERTAIN
CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; 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 Joel and seconded by Commissioner Stern. Ms.
Carr addressed the Commission and entered the staff report into the
record. Mayor Gottlieb opened the public hearing. There being no
speakers, the public hearing was closed. The motion for approval passed
unanimously (6-0 with Vice Mayor Diamond absent from the room) by roll
call vote.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 2, "ADMINISTRATION", ARTICLE IV "FINANCE", DIVISION
5 "IMPACT FEES", TO CREATE SECTION 2-302 ESTABLISHING A
TRANSPORTATION MITIGATION IMPACT FEE AND SCHEDULE FOR
MITIGATION OF TRANSPORTATION IMPACTS BY NEW
DEVELOPMENT; PROVIDING FOR TRANSPORTATION MITIGATION
IMPACT FEE COMPUTATION FORMULA; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR IMPACT FEE EXPENDITURES;
PROVIDING FOR ESTABLISHMENT OF A TRANSPORTATION
MITIGATION IMPACT FEE FUND; PROVIDING FOR INCLUSION IN
4
THE CODE; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; 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 Holzberg and seconded by Commissioner Stern.
Ms. Carr addressed the Commission and entered the staff report into the
record. 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.
D. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA
APPROVING AGREEMENT BETWEEN THE CITY OF AVENTURA AND
ROY R. LUSTIG, TRUSTEE FOR EXCHANGE OF REAL PROPERTY;
PROVIDING FOR THE SALE AND EXCHANGE OF CITY REAL
PROPERTY; PROVIDING FOR IMPLEMENTATION OF TRANSACTION;
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.
E. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE
ELECTORS OF PROPOSED AMENDMENTS TO THE CITY CHARTER
IN ACCORDANCE WITH SECTION 6.02(A) OF THE CITY CHARTER;
SUBMITTING PROPOSED CHARTER AMENDMENTS CONCERNING
SECTION 2.03 "ELECTION AND TERM OF OFFICE" AND SECTION
5.01 "ELECTIONS"; PROVIDING FOR CHANGE OF DATE OF
GENERAL CITY MAYORAL AND COMMISSION ELECTIONS AND FOR
THE RELATED EXTENSION OF THE TERM OF OFFICE AND THE
ALLOWED LENGTH OF SERVICE; PROVIDING REQUISITE BALLOT
LANGUAGE FOR SUBMISSION TO THE ELECTORATE; CALLING A
SPECIAL ELECTION ON THE PROPOSED AMENDMENTS TO THE
CITY CHARTER TO BE HELD ON TUESDAY, THE 22ND DAY OF
APRIL, 2008; PROVIDING NOTICE OF ELECTION; PROVIDING FOR
MAIL BALLOT ELECTION; PROVIDING FOR INCLUSION IN THE
5
CHARTER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
Mr. Wolpin noted a clerical error in the ordinance as originally distributed
which omitted reference to Seat 1, which would be included in the
approved document. Mr. Soroka noted the significant cost savings for
future elections if the City held its elections in conjunction with County
elections. A motion for approval was offered by Commissioner Weinberg,
and seconded by Commissioner Auerbach. Mayor Gottlieb opened the
public hearing. The following individual addressed the Commission:
Ginger Grossman, Bonavida. 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: Mr. Wolpin read the
following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF A VENTURA,
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 "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 Joel, and seconded by
Commissioner 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 and Ordinance No. 2008-01 was enacted.
9. RESOLUTIONS - PUBLIC HEARING: Mr. Wolpin read the following resolution by
title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR
PUBLIC SCHOOL FACILITY PLANNING IN MIAMI-DADE COUNTY BETWEEN
THE CITY OF AVENTURA, TWENTY-SIX NON EXEMPT MUNICIPALITIES,
MIAMI-DADE COUNTY AND THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA AS REQUIRED BY FLORIDA STATUTES; PROVIDING
FOR AN AMENDMENT TO SECTION 8.4 OF THE AMENDED AND
RESTATED INTERLOCAL AGREEMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE
6
A motion for approval was offered by Commissioner Weinberg, and seconded by
Commissioner Auerbach. Ms. Carr addressed the Commission and entered the
staff report into the record. Mayor Gottlieb opened the public hearing. There
being no speakers, the public hearing was closed. The motion for approval
passed unanimously and Resolution No. 2008-08 was adopted.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: Ms. Grossman; Sandra Joel, Capt. Eric Bavel, Miami-Dade
Fire Rescue; and Jose Cleric, Highland Lakes.
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconde and unani ou Iy passed, the meeting
adjourned at 7:15 p.m.
Approved by the Commission on February 5, 2008.
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.
7