07-06-2010
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MINUTES
CITY COMMISSION MEETING
JULY 6, 2010
following 6 PM LPA
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 immediately following the 6 pm 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, and
City Attorney David Wolpin. City Clerk Teresa M. Soroka was absent. 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. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Diamond, seconded by Commissioner Joel, passed unanimously and the
following action was taken:
A. APPROVAL OF MINUTES:
June 1, 2010 Commission Meeting
June 17, 2010 Commission Meeting,
June 17, 2010 Workshop Meeting
B. Resolution No. 2010-38 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 MIAMI 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.
C. Resolution No. 2010-39 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, 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.
D. Resolution No. 2010-40 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA TO PURSUE MEASURES TO BECOME A
"GREEN LOCAL GOVERNMENT" THROUGH IMPROVED
ENVIRONMENTAL PERFORMANCE THROUGH SUSTAINABLE
PROGRAMS AND PRACTICES; ADOPTING LANGUAGE INTO THE
CITY'S MISSION STATEMENT; ADOPTING THE CITY'S INTENT TO
CONSTRUCT ALL CITY-OWNED BUILDINGS TO GREEN BUILDING
STANDARDS; RECOGNIZING THE FLORIDA GREEN BUILDING
COALITION (FGBC) GREEN BUILDING PROGRAM AS A GREEN
BUILDING RATING SYSTEM FOR PURPOSES OF DEVELOPMENT
INCENTIVES AND OTHER PROVISIONS OF THE CITY'S GREEN
BUILDING PROGRAM ESTABLISHED BY ORDINANCE NO. 2009-18;
PROVIDING FOR AN EFFECTIVE DATE
E. Resolution No. 2010-41 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 VALET/PARKING
MANAGEMENT SERVICES WITH THE FIRM OF DOUBLE PARK, LLC.;
AGREEING TO THE NEGOTIATED SCOPE OF SERVICES AND FEES
CONTAINED IN SAID AGREEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
F. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $17,000
FOR CRIME PREVENTION PROGRAMS, EQUIPMENT AND TRAINING
AND TRAFFIC UNIT OFFICE ENHANCEMENTS FROM THE POLICE
FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
G. Resolution No. 2010-42 was adopted as follows:
A RESOLUTION OF THE CITY OF A VENTURA SUPPORTING THE
REGIONAL PLANNING COUNCILS OF SOUTHEAST FLORIDA IN
PREPARING A COMPREHENSIVE JOINT APPLICATION UNDER THE
FEDERAL SUSTAINABLE COMMUNITIES INITIATIVE AND
ESTABLISHING A WORKING PARTNERSHIP AGREEMENT WITH
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PUBLIC, PRIVATE, NON-PROFIT, AND CIVIC SECTOR
ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO, WATER
RESOURCE, HOUSING, HUMAN SERVICES, ENVIRONMENTAL AND
TRANSPORTATION AGENCIES, COMMUNITY-BASED
ORGANIZATIONS, LOCAL GOVERNMENTS, NON PROFITS,
ACADEMIA AND RESEARCH INSTITUTIONS, SCHOOL BOARDS AND
PRIVATE SECTOR ORGANIZATIONS.
6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on
the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please
inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made
available after the applicant and staff have made their presentations on each item. All testimony, including public
testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be
subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due
weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission
to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their
authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk.
None.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
APPROVING AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT PURSUANT TO CHAPTER 163, F.S., DATED
SEPTEMBER 2, 2003 AND AMENDED DECEMBER 29, 2004, MADE
BETWEEN MERCO GROUP AT AVENTURA LANDINGS I, II AND III,
INC. AS DEVELOPER AND THE CITY OF A VENTURA TO EXTEND
THE TERM OF THE AGREEMENT FROM FEBRUARY 2, 2010 TO
AUGUST 2, 2012 AND TO ADD APPLICABILITY OF THE CITY'S
TRANSPORTATION MITIGATION IMPACT FEE TO DEVELOPMENT
OF THE CONDOMINIUM AND LOFTS PARCELS, RELATING TO THE
PARCELS OF LAND ZONED RMF4, MULTIFAMILY HIGH DENSITY
RESIDENTIAL DISTRICT, LOCATED ON NE 185 STREET AT NE 28
COURT, CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE
A motion for approval was offered by Commissioner Weinberg and seconded by
Vice Mayor 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.
B. Mr. Wolpin read the following ordinance by title:
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AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-145(b) "TOWN CENTER DISTRICT (TC1)" OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO REVISE THE LIST
OF PERMITTED USES IN THE DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
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.
8. ORDINANCES: SECOND READING/PUBLIC HEARING: Mr. Wolpin read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA AMENDING PROVISIONS OF
THE POLICE OFFICERS' RETIREMENT PLAN REQUIRED BY LAWS OF
FLORIDA CHAPTER NO. 2009-97 PROVIDING FOR INCREASED TERMS
FOR TRUSTEES TO FOUR YEARS; PROVIDING FOR AN INCREASED CAP
ON INTERNATIONAL INVESTMENTS UP TO TWENTY-FIVE PERCENT;
PROVIDING FOR COMPLIANCE WITH THE PROTECTING FLORIDA'S
INVESTMENTS ACT; PROVIDING FOR COMPLIANCE WITH PROVISION OF
THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT
RIGHTS ACT; PROVIDING FOR CHANGING OF JOINT SURVIVOR ANNUITY
AFTER RETIREMENT UP TO TWO TIMES WITHOUT PRIOR APPOV AL;
PROVIDING FOR FULL FUNDING UPON TERMINATION OF THE
RETIREMENT PLAN; PROVIDING FOR AUTHORITY TO DIRECT PAYMENT
FROM RETIREMENT BENEFIT OF CERTAIN INSURANCE PREMIUMS;
PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; 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. 2010-07 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, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO
ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA
CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR
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2010/11 TO 2014/15 AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING 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 and Resolution No. 2010-43 was enacted.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: None.
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the
Commission at this time, after motion made, una mously passed,
the meeting adjourned.
Approved by the Commission on September 7,2010.
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.
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