09-07-2010Th Ck MINUTES Aventura Government Center
hl� CITY COMMISSION MEETING 19200 W. Country Club Drive
SEPTEMBER 7, 2010 6 P.M. Aventura Florida 33180
aqp� 110-1
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, Bob Diamond, Teri
Holzberg, Billy Joel, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor Gottlieb,
City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David
Wolpin. As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Rosa Nacaratto
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 Joel, seconded by Commissioner Holzberg, passed unanimously and the
following action was taken:
A. APPROVAL OF MINUTES:
July 6, 2010 Commission Meeting
July 15, 2010 Commission Meeting,
July 15, 2010 Workshop Meeting
B. Resolution No. 2010 -44 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. 2010 -45 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, 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 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.
D. Resolution No. 2010 -46 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, 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.
E. The following motion was approved:
CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING
BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL
MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE
FINANCIAL REPORT FOR THE AVENTURA 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
F. The following motion was approved:
CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING
BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL
MOTION TO ACCEPT AVENTURA CITY OF EXCELLENCE SCHOOL
OUT -OF -FIELD WAIVERS AS OUTLINED IN THE CITY MANAGER'S
MEMORANDUM DATED AUGUST 25, 2010.
G. Resolution No. 2010 -47 was adopted as follows:
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 OF OBLIGATIONS OF THE CITY
TO REFINANCE THE ACQUISITION AND CONSTRUCTION OF
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VARIOUS CAPITAL IMPROVEMENTS AND TO PAY COSTS AND
EXPENSES OF ISSUING SUCH OBLIGATIONS; AUTHORIZING THE
CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA OR HIS
DESIGNEE ON BEHALF OF SAID CITY TO NEGOTIATE FOR SAID
SERVICES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
H. Resolution No. 2010 -48 was adopted as follows:
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.
I. Resolution No. 2010 -49 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 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.
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.
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7. ORDINANCES: FIRST READING /PUBLIC INPUT: Mr. Wolpin read the
following ordinance by title:
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AN ORDINANCE OF THE CITY OF AVENTURA, 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 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.
A motion for approval was offered by Vice Mayor Stern 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.
8. ORDINANCES: SECOND READING /PUBLIC HEARING:
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 AVENTURA 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 Joel and seconded by
Commissioner Auerbach. Community Development Director Joanne Carr
addressed the Commission and recommended that this matter be deferred until
the October 5, 2010 meeting. Mayor Gottlieb opened the public hearing. The
following individuals addressed the Commission: Counsel for applicant, 3470
NW 2 nd Avenue. There being no further speakers, the public hearing was closed.
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A motion to defer this matter until the October 5, 2010 meeting was offered by
Commissioner Weinberg, seconded by Commissioner Auerbach, and
unanimously passed.
B. Mr. Wolpin read the following ordinance by title:
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 Diamond and seconded by
Commissioner Auerbach. Mayor Gottlieb opened the public hearing. The
following individual addressed the Commission: Mickey Marrero, Esq.,
representing the applicant. There being no further speakers, the public hearing
was closed. The motion for approval passed unanimously by roll call vote and
Ordinance No. 2010 -08 was enacted.
9. RESOLUTIONS — PUBLIC HEARING: None.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: Rosa Nacaratto, Admirals Port and Krop High School
student ambassador.
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the
Commission at this time, after motion made, seconde and un nimo sly passed,
the meeting adjourned at 6:41 p.m.
0... cc�
Te r sa M. Soroka, CC, City Clerk
Approved by the Commission on October 5, 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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