02-05-08
A~
-
MINUTES
CITY COMMISSION MEETING
FEBRUARY 5, 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 by Rev. Will Keyser.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: Ten-year Certificate of Service was presented by Mr.
Soroka to Police Department employee Anna Howell. Mayor Gottlieb presented
Certificates of Appointment to the members of the Community Services Advisory Board.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Joel, seconded by Commissioner Holzberg, unanimously passed and the
following action was taken:
A. The following minutes were approved:
January 8, 2008 Commission Meeting
January 17, 2008 Workshop Meeting
B. Resolution No. 2008-09 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.
C. Resolution No. 2008-10 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AND RECORD ANY AND ALL NECESSARY EASEMENTS
AND OTHER DOCUMENTS RELATED TO WATER AND SEWER
SERVICE AT WATERWAYS PARK; PROVIDING FOR EFFECTIVE
DATE.
D. Resolution No. 2008-11 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2008
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.
E. Resolution No. 2008-12 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 FOR BID NUMBER 07-12-8-2 FOR NE
29TH PLACE AND YACHT CLUB WAY MILLING AND RESURFACING
CONSTRUCTION BY AND BETWEEN THE CITY AND WEEKLEY
ASPHALT PAVING, INC.: AUTHORIZING THE CITY MANAGER TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
F. Resolution No. 2008-13 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF
MEMBERS TO THE AVENTURA BUSINESS TAX EQUITY STUDY
ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE.
G. Resolution No. 2008-14 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
AVENTURA AND AMERICAN TRAFFIC SOLUTIONS FOR TRAFFIC
SAFETY CAMERA PROGRAM; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
6. ZONING HEARINGS: (Moved to item 10)
7. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Wolpin read the following
ordinance by title:
2
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, ESTABLISHING THE A VENTURA BUSINESS
TAX EQUITY STUDY ADVISORY BOARD, WHICH SHALL SERVE AS
THE EQUITY STUDY COMMISSION FOR THE LOCAL BUSINESS TAX
RECLASSIFICATION AND REVISION, AND ESTABLISHING
PROCEDURES FOR APPOINTMENT OF MEMBERS, A TIMETABLE
AND RULES OF PROCEDURE; PROVIDING A SUNSET PROVISION,
AND 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.
8. ORDINANCES: SECOND READING: PUBLIC HEARING:
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
CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Auerbach and
seconded by Vice Mayor Diamond. 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. 2008-02 was enacted.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF A VENTURA, 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 was offered by Commissioner Auerbach and
seconded by Vice Mayor Diamond. Mayor Gottlieb opened the public
hearing. There being no speakers, the public hearing was closed. The
3
motion for approval passed unanimously by roll call vote and Ordinance
No. 2008-03 was enacted.
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
THE CODE; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel and seconded by
Commissioner Stern. Mayor Gottlieb opened the public hearing. There
being no speakers, the public hearing was closed. A motion to defer this
matter until the March 4, 2008 Commission meeting was offered by
Commissioner Holzberg, seconded by Commissioner Stern, and
unanimously passed.
D. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, 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 Joel, 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 and Ordinance No. 2008-
04 was enacted.
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
4
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
CHARTER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel, 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. 2008-
05 was enacted.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. 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. 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 FURNITURE DISPLAY SHOWROOM IN THE OFFICE
PARK (OP) DISTRICT FOR PROPERTY LOCATED AT 20900 NE 30 AVENUE,
CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Weinberg and seconded by
Commissioner Joel. Planning Director Joanne Carr addressed the Commission
and entered the staff report into the record. Mayor Gottlieb opened the public
hearing. The following individual addressed the Commission: Cliff Schulman,
Esq., Greenberg Traurig, representing the applicant. There being no further
speakers, the public hearing was closed. The motion for approval passed
unanimously and Resolution No. 2008-15 was adopted.
11. REPORTS: As presented.
5
12. PUBLIC COMMENTS: None.
13. OTHER BUSINESS: None.
14. ADJOURNMENT: There being no further business to come befor
at this time, after motion made, seconded nd unanimously. pa
adjourned at 6:30 p.m.
e Commission
, the meeting
Approved by the Commission on March 4, 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.
6