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10-11-2005 City Commission Susan Gottlieb, Mayor A':!be City of ~ventura -~ City Manager Eric M. Soroka, ICMA-CM Zev Auerbach Bob Diamond Billy Joel Harry HoJzberg Michael Stern Luz Urbaez Weinberg City Ocrk Teresa M. Soroka, MMC City Attol71cV Weiss Serota Helfman Pastoriza Cole & Boniske AGENDA OCTO~E!J!:, 2005 following LPAmeeting 19200 West Country Club Drive A ventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. ELECTION OF VICE MAYOR Action taken: Billy Joel elected as Vice Mayor for next 6-month period 5. SPECIAL PRESENTATIONS: Certificates presented to Commissioners Stem and Weinberg for completion of Institute for Elected Municipal Officials Proclamation presented to Aventura Resident Fernando Ottati, 2005 Hispanic Festival Commemorative Poster Contest First Place Winner 6. 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: September 6, 2005 Commission Meeting September 8, 2005 1 st Budget Hearing September 15,2005 Workshop Meeting September 22, 2005 2nd Budget Hearing 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 October 11, 200S CooImiIsi.oo Meetiq OUT THE AIMS OF TIDS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Action taken: Adopted as Resolution No. 2005-51 C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, APPROVING SETTLEMENT AGREEMENT BETWEEN A VENTURA-ENSENADA, INC. AND AVENTURA LAND AND DEVELOPMENT CORPORATION AND THE CITY OF A VENTURA, CONCERNING .51 ACRE PARCEL OF LAND LOCATED ON NORTHEAST 34TH AVENUE AT NORTH COUNTRY CLUB DRIVE AND TWO (2) PARCELS OF SUBMERGED LAND CONSISTING OF 5.39 ACRES LOCATED SOUTH OF NORTHEAST 207TH STREET AND EAST OF NORTHEAST 34TH AVENUE; AUTHORIZING EXECUTION OF SETTLEMENT AGREEMENT; AUTHORIZING IMPLEMENTATION OF SETTLEMENT AGREEMENT; PROVIDING FOR EFFECTIVE DATE. Action taken: Adopted as Resolution No. 2005-61 D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-055 FOR PROFESSIONAL TRAFFIC ENGINEERING SERVICES FOR THE A VENTURA MALL TRAFFIC FLOW IMPROVEMENT STUDY BY AND BETWEEN THE CITY OF A VENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; PROVIDING FOR THE COST OF THE STUDY TO BE PAID BY THE AVENTURA MALL; AND PROVIDING AN EFFECTIVE DATE. Action taken: Adopted as Resolution No. 2005-52 E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, SELECTING CSA SOUTHWEST, INC. TO PERFORM BUILDING AND ENGINEERING INSPECTION, AND PLAN REVIEW SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID WORK; AND PROVIDING AN EFFECTIVE DATE. Action taken: Adopted as Resolution No. 2005-53 F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING CRITERIA FOR THE AWARD OF KEYS TO THE CITY OF A VENTURA; APPROVING PROTOTYPE KEY TO mE CITY OF A VENTURA; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR EFFECTIVE DATE. Action taken: Adopted with amendment as Resolution No. 2005-62 2 October 11, 200S 0wnnrilRim Meetiq G. MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL STATEMENTS FOR AVENTURA CHARTER ELEMENTARY SCHOOL FlY 2004-05 (CITY COMMISSION ACTING IN ITS CAPACITY AS A VENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS) Action taken: Approved H. 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 A VENTURA AND THE CITY OF NORTH MIAMI BEACH FOR LAW ENFORCEMENT ACTMTIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF TillS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Action taken: Adopted as Resolution No. 2005-54 I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-059 FOR TECHNICAL SERVICES FOR THE IMPLEMENTATION OF THE TRAFFIC VIDEO MONITORING SYSTEM BY AND BETWEEN THE CITY OF A VENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; PROVIDING FOR 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. 2005-55 J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA APPROVING THE "HOCHSTEIN- KANE BIDLDING" PLAT, BEING A REPLAT OF LOTS 9 AND 10, BLOCK 24, HALLANDALE PARK, PLAT BOOK 12, PAGE 37, AND A PORTION OF LOT 1, BLOCK 3, MAP OF THE TOWN OF HALLANDALE, DADE COUNTY, PLAT BOOK B, PAGE 13 AND A PORTION OF A RESERVED STRIP OF LAND, HALLANDALE PARK, PLAT BOOK 12, PAGE 37, LYING IN SECTION 34, TOWNSHIP 51 SOUTH, RANGE 34 EAST, CITY OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Action taken: Adopted as Resolution No. 2005-56 3 October 11, 200S Ownmiuim Meetiq K. 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 AUDIT ENGAGEMENT AGREEMENT BETWEEN THE CITY OF A VENTURA AND McGLADREY & PULLEN, LLP; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF TillS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Action taken: Adopted as Resolution No. 2005-57 L. 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 DISASTER RELIEF FUNDING AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AUTHORIZING THE CITY MANAGER TO DO ALL TillNGS NECESSARY TO CARRY OUT THE AIMS OF TillS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Action taken: Adopted as Resolution No. 2005-58 M. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-01030-061 FOR PROFESSIONAL ENGINEERING SERVICES TO DESIGN AND PREPARE CONSTRUCTION DRAWINGS FOR IMPROVEMENTS TO THE EXISTING SEAWALL ALONG YACHT CLUB DRIVE BY AND BETWEEN THE CITY OF A VENTURA AND CRAVEN THOMPSON & ASSOCIATES FOR THE AMOUNT OF $22,000.00; 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. 2005-59 N. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-01030-057 FOR PROFESSIONAL ENGINEERING SERVICES TO DESIGN AND PREPARE CONSTRUCTION DRAWINGS TO EXPAND THE FOUNDERS PARK PARKING LOT BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON & ASSOCIATES FOR 4 October 11, 200S CcmoiBsim Meetiq THE AMOUNT OF $44,050.00; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF TillS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Action taken: Adopted as Resolution No. 2005-60 7. ZONING HEARINGS: None. 8. ORDINANCES: FIRST READING/PUBLIC INPUT: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE A DEFINITION OF "GROSS LEASABLE AREA"; AMENDING SECTION 31-144(C) "COMMUNITY BUSINESS (B2) DISTRICT" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO AMEND THE REGULATIONS REGARDING MINIMUM LANDSCAPED OPEN SPACE FOR SHOPPING CENTERS CONSISTING OF MORE THAN 1,000,000 SQUARE FEET DUE TO THE UNIQUE CHARACTERISTICS OF THESE CENTERS; AMENDING SECTION 31-171 "OFF-STREET PARKING AND LOADING STANDARDS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO AMEND THE REGULATIONS FOR PARKING REQIDREMENTS FOR SHOPPING CENTERS CONSISTING OF MORE THAN 1,000,000 SQUARE FEET OF GROSS LEASABLE AREA DUE TO THE UNIQUE AND SPECIAL DEMANDS OF THESE LARGER CENTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Action taken: Approved on first reading QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following item on the Commission's agenda is quasi-judicial in nature. If you wish to object or comment upon this item, please inform the Mayor when she requests public comments. An opportwlity 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 affinnation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be swom, your testimony will be given its due weight. The genera1 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. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A 0.51 ACRE PARCEL OF LAND LOCATED ON NE 34 AVENUE AT NORTH COUNTRY CLUB DRIVE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A, FROM CF, COMMUNITY FACILITIES DISTRICT TO RS2, RESIDENTIAL 5 October 11, 200S CcmDiB8im Meetiq SINGLE FAMILY DISTRICT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF A VENTURA BY AMENDING THE ZONING DESIGNATION FOR TWO PARCELS OF SUBMERGED LAND TOGETHER MEASURING 5.39 ACRES MORE OR LESS LOCATED SOUTH OF NE 207 STREET AND EAST OF NE 34 AVENUE, AS MORE P ARTICULARL Y DESCRIBED IN ExmBIT B, FROM RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT TO CNS, CONSERVATION DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Action taken: Approved on first reading 9. PUBLIC HEARING: ORDINANCES: SECOND READING: AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING ARTICLE VII "CODE OF ETHICS" OF CHAPTER 2 "ADMINISTRATION", BY AMENDING SECTION 2-396 "FURTHER ETHICS STANDARDS; PROHIBITIONS AND RESTRICTIONS" AT PARAGRAPH (C) "FURTHER RESTRICTIONS ON TRANSACTIONS" BY RENUMBERING AND REVISING EXISTING SUBPARAGRAPH (iii) TO BE SUBPARAGRAPH (iv) AND BY CREATING A NEW SUBPARAGRAPH (ill) TO PROHIBIT INVOLVEMENT OF CITY PUBLIC OFFICERS AND EMPLOYEES IN CERTAIN INVESTMENTS AND IN CERTAIN REAL ESTATE TRANSACTIONS; AND BY CREATING ARTICLE IX "CAMPAIGN FINANCE RESTRICTIONS" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE, BY CREATING SECTION 2-420 "PROillBITED CAMPAIGN CONTRIBUTIONS FROM VENDORS", TO CREATE RESTRICTIONS UPON THE MAKING OR RECEIPT OF POLITICAL CAMPAIGN CONTRIBUTIONS FROM OR WHICH ARE DELIVERED, SOLICITED OR PROVIDED BY VENDORS OF THE CITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Action taken: Enacted as Ordinance No. 2005-14 10. RESOLUTIONS - PUBLIC HEARING: None 11. OTHER BUSINESS: None 12.PUBLIC COMMENTS 6 October 11, 200S 0wnnrilRim Meetiq 13.REPORTS Executive session to discuss pending litigation requested by City Attorney. 14.ADJOURNMENT SCHEDULE OF FUTURE MEETINGSIEVENTS COMMISSION WORKSHOP OCTOBER 11,2005 following 6 P.M. mtg. COMMISSION MEETING NOVEMBER 1,2005 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 pwpose, 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 Aventura Govemment 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- 890 l. 7