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09-07-2010 City Commission Susan Gottlieb, Mayor A ':!be City of .n..ventura ~ ~, City Mana/lf:F Eric M. Soroka, ICMA-CM Zev Auerbach Bob Diamond T eri Holzberg Billy Joel Michael Stern Luz Urbaez Weinberg City Oerlc Teresa M. Soroka, MMC City Atto17ley Weiss Serota Helfman Pastoriza Cole & Boniske SEPTEMBER 7, 2010 6 PM P Government Center III" 19200 West Country Club Drive " Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: Presentation of Proclamation to Mr./Mrs. Rosenberg 5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: July 6,2010 Commission Meeting July 15, 2010 Commission Meeting, July 15,2010 Workshop Meeting Action taken: Approved B. 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. Action taken: Adopted as Resolution No. 2010-44 C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA EXPRESSING SUPPORT FOR THE FLORIDA DEPARTMENT OF TRANSPORTATION'S SFEC CORRIDOR PROJECT (FROM JUPITER TO MIAMI) AND ITS AFFILIATED REGIONAL AND COUNTY TRANSPORTATION AGENCIES; ACKNOWLEDGING POTENTIAL STATION September 7,2010 LOCATIONS; ACKNOWLEDGING THE CITY'S COMMITMENT TO THE PROJECT TO ENHANCE MOBILITY IN THE SOUTHEAST FLORIDA REGION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Action taken: Adopted as Resolution No. 2010-45 D A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 10-07-12-2, PUBLIC WORKS & LANDSCAPE MAINTENANCE SERVICES TO LUKES' LANDSCAPING, INC. DBA LUKES-SAWGRASS LANDSCAPE AT THE BID PRICE OF $975,000.00; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. Action taken: Adopted as Resolution No. 2010-46 E. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE A VENTURA CITY OF EXCELLENCE SCHOOL MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL REPORT FOR THE A VENTURA CITY OF EXCELLENCE SCHOOL FOR THE FISCAL YEAR ENDED JUNE 30, 2010 AND TO ACCEPT FOR FILING THAT LETTER DATED AUGUST 26, 2010 ATTACHED AS ATTACHMENT 1 Action taken: Approved F. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE A VENTURA CITY OF EXCELLENCE SCHOOL MOTION TO ACCEPT A VENTURA CITY OF EXCELLENCE SCHOOL OUT-OF-FIELD WAIVERS AS OUTLINED IN THE CITY MANAGER'S MEMORANDUM DATED AUGUST 25, 2010. Action taken: Approved G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A RANKING OF FIRMS TO PROVIDE THE CITY WITH A LOAN NOT TO EXCEED $16,500,000 IN AGGREGATE PRINCIPAL AMOUNT 2 September 7,2010 OF OBLIGATIONS OF THE CITY TO REFINANCE THE ACQUISITION AND CONSTRUCTION OF VARIOUS CAPITAL IMPROVEMENTS AND TO PAY COSTS AND EXPENSES OF ISSUING SUCH OBLIGATIONS; AUTHORIZING THE CITY MANAGER OF THE CITY OF A VENTURA, FLORIDA OR HIS DESIGNEE ON BEHALF OF SAID CITY TO NEGOTIATE FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER OR IDS DESIGNEE TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF TIDS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Action taken: Adopted as Resolution No. 2010-47 H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA CONCERNING THE CITY ELECTION OF NOVEMBER 2, 2010, DECLARING QUALIFYING UNOPPOSED CANDIDATES ELECTED TO OFFICE OF MAYOR, COMMISSION SEAT 2, COMMISSION SEAT 4, AND COMMISSION SEAT 6 WITHOUT NECESSITY FOR FURTHER CONDUCT OF ELECTION PROCESS, AS CERTIFIED BY THE CITY CLERK; AND PROVIDING AN EFFECTIVE DATE. Action taken: Adopted as Resolution No. 2010-48 I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, 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 CORAL GABLES 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. Action taken: Adopted as Resolution No. 2010-49 6. ZONING HEARINGS: None. 7. ORDINANCES: FIRST READING-PUBLIC INPUT: AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $16,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF OBLIGATIONS OF THE CITY TO REFINANCE THE ACQUISITION AND CONSTRUCTION OF VARIOUS CAPITAL IMPROVEMENTS AND TO PAY COSTS AND EXPENSES OF ISSUING SUCH OBLIGATIONS; PROVIDING FOR A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM FUNDS EACH YEAR TO PAY THE 3 September 7, 2010 PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON THE OBLIGATIONS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH OBLIGATIONS; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. Action taken: Approved on first reading 8. ORDINANCES: SECOND READINGIPUBLIC HEARING: A. AN ORDINANCE OF THE CITY OF A VENTURA, 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 A VENTURA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE Deferred to October 5,2010 meeting B. AN ORDINANCE OF THE CITY OF A VENTURA, 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. Action taken: Enacted as Ordinance No. 2010-08 9. RESOLUTIONS - PUBLIC HEARING: 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT 4 September 7, 2010 SCHEDULE OF FUTURE MEETINGSIEVENTS 1 ST BUDGET HEARING WORKSHOP MEETING 2ND BUDGET HEARING SEPTEMBER 14, 2010 6 PM SEPTEMBER 16,2010 9 AM SEPTEMBER 22, 2010 6 PM COMMISSION CHAMBER 5TH FLR. EX. CONF. ROOM COMMISSION CHAMBER This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensu32re that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466- 8901. 5