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04-08-08 A~ - MINUTES CITY COMMISSION MEETING APRIL 8,20086 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 p.m. Present were Commissioners Zev Auerbach, Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg (arrived at 6:15), Vice Mayor Bob Diamond, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney Susan Trevarthan. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Mel Taks and residents of Point East. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: Mayor Gottlieb presented a proclamation to Lewis J. Beilman, III, Sr. Intergovernmental Representative of the South Florida Water Management District, proclaiming April as Water Conservation Month. 5. ELECTION OF VICE MAYOR: A motion to appoint Zev Auerbach as Vice Mayor for the next 6-month period was offered by Commissioner Joel, seconded by Commissioner Holzberg, and unanimously passed. 6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Joel, seconded by Commissioner Diamond, passed 6-0 with Commissioner Weinberg absent, and the following action was taken: A. The following minutes were approved: March 4, 2008 Commission Meeting March 20, 2008 Workshop Meeting B. Resolution No. 2008-18 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. The following motion was approved: MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT ("CAFR") FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 AND THE LETTER DATED MARCH 20, 2008 ATTACHED HERETO AS ATTACHMENT A." 7. 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 the City Clerk. Ms. Trevarthan read the quasi-judicial proceedings and the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CONCERNING SIGN VARIANCE FOR FILENE'S BASEMENT, INC. ON PROPERTY LOCATED AT 17651 BISCA YNE BOULEVARD, CITY OF AVENTURA; PROVIDING AN EFFECTIVE DATE. 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: Eric, GM Signs representative, contractor; Mel Taks, Point East; Anthony Said, Point East; Bob Burroughs. There being no further speakers, the public hearing was closed. A motion for approval was offered by Commissioner Joel, and seconded by Commissioner Holzberg. The motion for approval passed unanimously and Resolution No. 2008-19 was adopted. 8. ORDINANCES: FIRST READING/PUBLIC INPUT: Ms. Trevarthan read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, 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. A motion for approval was offered by Commissioner Stern and seconded by Vice Mayor 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. Vice Mayor Auerbach announced that the City Manager has received the Government Finance Officers Association's Distinguished Budget Award for the 2007 -2008 budget. 9. ORDINANCES: SECOND READING/PUBLIC HEARING: 2 A. CITY COMMISSION ACTING IN ITS CAPACITY AS THE AVENTURA SCHOOL OF EXCELLENCE BOARD OF DIRECTORS: Ms. Trevarthan read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2007-09, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2007/08 (JULY 1 - JUNE 30) BY REVISING THE 2007/2008 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 Holzberg and seconded by Commissioner Stern. 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. 2008-07 was enacted. B. Ms. Trevarthan 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 Weinberg, and seconded by Vice Mayor Auerbach. Ms. Carr addressed the Commission. Mayor Gottlieb opened the public hearing. The following individuals addressed the Commission: Mildred Husak, 20201 NE 29th Court; Mickey Marrero, Esq., Bercow & Radell, representing Turnberry Associates. 3 There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2008-08 was enacted. 10. RESOLUTIONS - PUBLIC HEARING: None. 11. REPORTS: As presented. 12. PUBLIC COMMENTS: Ms. Husak. 13. OTHER BUSINESS: None. 14. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimousl passed, the meeting adjourned at 6:49 p.m. Approved by the Commission on May 6, 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. 4