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03-07-2006 City Cornrni'IRion Susan Gottlieb, Mayor A~ City of rl.Ventura ~@ ''''../1''. City ManaF Eric M. Soroka, ICMA-CM Zev Auerbach Bob Diamond Billy Joel Harry Holzberg Michael Stern Luz Urbaez Weinberg City Clerk Teresa M. Soroka, MMC City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske AGENDA MARCH 7, 2006 6 p.m. Government Center 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: None. 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 ofthe Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: February 7,2006 Commission Meeting February 16,2006 Workshop Meeting Action taken: Approved B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 06-2-17-22, LANDSCAPE & IRRIGATION IMPROVEMENTS FOR NE 207 ST & MYSTIC POINTE DRIVE TO LUKE'S LANDSCAPING, INC. AT THE BID PRICE OF $129,135.05; 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. 2006-12 C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AWARDING AND LETTING A Mad 7, 2006 ClIIllhiaioo MceliDg BID/CONTRACT FOR BID NO. 06-2-21-2, LANDSCAPE MATERIAL PROCUREMENT AND DELIVERY FOR HURRICANE LANDSCAPE RESTORATION TO LUKE'S LANDSCAPING, INC. AT THE BID PRICE OF $725,618.00; 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 A WARD; AND PROVIDING FOR AN EFFECTIVE DATE. Action taken: Adopted as Resolution No. 2006-13 D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA APPROVING AN EXTENSION OF TIME TO RECORD THE "UPTOWN MARINA LOFTS" FINAL PLAT, BEING A REPLAT OF A PORTION OF TRACT N OF MARINA DEL REY REVISED, PLAT BOOK 144, PAGE 89 AND A PORTION OF THE SOUTH Y2 OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF AVENTURA, MIAMI- DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Action taken: Adopted as Resolution No. 2006-14 E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA APPROVING AN EXTENSION OF TIME TO RECORD THE "ATRIUM AT AVENTURA" FINAL PLAT, BEING A PORTION OF THE SOUTH Y2 OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, AND A REPLAT OF A PORTION OF TRACT N OF MARINA DEL REY REVISED ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 144, PAGE 89, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Action taken: Adopted as Resolution No. 2006-15 F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, APPROVING FIRST AMENDMENT TO SETTLEMENT AGREEMENT BETWEEN SHEFAOR/TARRAGON, LLLP, AND THE CITY OF AVENTURA, CONCERNING 8.77 ACRE :f: PARCEL OF LAND LOCATED AT 17900 NORTHEAST 31ST COURT IN THE CITY OF A VENTURA, COMMONLY KNOWN AS THE LINCOLN POINTE PROPERTY; AUTHORIZING EXECUTION OF FIRST AMENDMENT TO SETTLEMENT AGREEMENT; AUTHORIZING IMPLEMENTATION OF FIRST AMENDMENT 2 Mad 7, 2006 CrnrniBim MceliDg TO SETTLEMENT AGREEMENT; PROVIDING FOR EFFECTIVE DATE. Action taken: Adopted as Resolution No. 2006-16 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 he 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. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA CONCERNING CONDITIONAL USE APPROVAL TO PERMIT THE CONSTRUCTION OF A MARINA AND DRY DOCK BOAT STORAGE BUILDING WITH A HEIGHT OF 122 FEET IN THE TC2, TOWN CENTER MARINE DISTRICT, WHERE A MAXIMUM HEIGHT OF 4 STORIES OR 50 FEET IS PERMITTED BY CODE; VARIANCE FROM SECTION 31-145(c)(10) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT A VIEW CORRIDOR OF 15 FEET WHERE A 66.76 FOOT VIEW CORRIDOR IS REQUIRED BY CODE; VARIANCE FROM SECTION 31-221(i)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT A BUFFER STRIP OF 5 FEET, WHERE A MINIMUM 7' WIDE BUFFER STRIP IS REQUIRED BY CODE; AND VARIANCE FROM SECTION 31-171(a)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT A PARKING SETBACK OF 0 FEET WHERE A MINIMUM 10 FOOT PARKING SETBACK IS REQUIRED BY CODE FOR PROPERTY LOCATED AT 2890 NE 187 STREET, CITY OF A VENTURA, FLORIDA; PROVIDING AN EFFECTIVE DATE. Action taken: Withdrawn by applicant 7. ORDINANCES: FIRST READING/PUBLIC INPUT: None. 8. PUBLIC HEARING: ORDINANCES: SECOND READING: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2005-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2005/2006 FISCAL YEAR BY REVISING THE 2005/2006 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER 3 Mad 7, 2006 CnmmiIlIim MceliDg TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. Action taken: Enacted as Ordinance No. 2006-04 9. RESOLUTIONS - PUBLIC HEARING: None. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS COMMISSION WORKSHOP MARCH 16, 2006 9 A.M. COMMISSION MEETING APRIL 4, 2006 6 P.M. 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 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. Agenda items may be viewed at the Office of the City Clerk, City of A ventura Government Center, 19200 W. Country Club Drive, A ventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466- 8901. 4