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09-09-08 A~ - MINUTES CITY COMMISSION MEETING SEPTEMBER 9,20086 P.M. Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Susan Gottlieb. Present were Commissioners Bob Diamond, Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor lev Auerbach, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by former Commissioner Harry Holzberg. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: Certificates of Appreciation were presented by the City Manager to ten-year employees Elricco Barnes, Glenn Kitchen (not present), Antonio Tomei, Andrew Smith and Thomas Labombarda. 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. The following minutes were approved: July 1, 2008 Commission Meeting July 17, 2008 Commission Meeting July 17, 2008 Workshop Meeting B. Resolution No. 2008-35 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. 08-07-14-2, MISCELLANEOUS ROADWAY AND TRAFFIC IMPROVEMENTS, TO WILLIAMS PAVING COMPANY, INC. AT THE BID PRICE OF $144,145.53; 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. C. Resolution No. 2008-36 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN SOUTH FLORIDA MONEY LAUNDERING STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT ATTACHED HERETO; 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. 2008-37 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF KAUFMAN LYNN GENERAL CONTRACTORS/PGAL TO PERFORM DESIGN AND BUILD SERVICES RELATIVE TO RFQ #08-07-18-2 CLASSROOM ADDITIONS FOR A VENTURA CITY OF EXCELLENCE SCHOOL; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. E. The following motion was approved: MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL REPORT FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR THE FISCAL YEAR ENDED JUNE 30, 2008 AND TO ACCEPT FOR FILING THAT LETTER DATED SEPTEMBER 2, 2008 ATTACHED HERETO AS ATTACHMENT 1." F. Resolution No. 2008-38 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER EXHIBIT I FOR BID NO. 07-02-26-2 FOR VETERAN'S PARK MODIFICATIONS CONSTRUCTION BY AND BETWEEN THE CITY AND LINK CONSTRUCTION GROUP, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. G. The following motion was approved: 2 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 SEPTEMBER 4, 2008. 6. ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were disclosed and filed with the City Clerk in accordance with City Code Section 34. All witnesses giving testimony in these hearings were sworn in by the City Clerk. Mr. Wolpin read the quasi-judicial proceedings and the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31- 147(a)(3) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 0 FOOT FRONT YARD SETBACK, WHERE A MINIMUM 25 FOOT FRONT YARD SETBACK IS REQUIRED BY CODE; AND GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-233(c)(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 17.42 FOOT WIDE VIEW CORRIDOR TO THE WATER, WHERE A MINIMUM 32.69 FOOT WIDE VIEW CORRIDOR IS REQUIRED BY CODE FOR THE CITY OF A VENTURA ARTS & CULTURAL CENTER PROPERTY LOCATED AT 3385 NE 188 STREET, CITY OF A VENTURA; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Stern and seconded by Commissioner Diamond. Planning Director Joanne Carr addressed the Commission and entered the staff report into the record. 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. 2008-39 was adopted. 7. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING CHAPTER 2 ENTITLED "ADMINISTRATION", BY AMENDING ARTICLE II "DEPARTMENTS", SECTION 2-61 "CREATED" TO PROVIDE FOR INCLUSION OF THE ARTS & CULTURAL CENTER AS A DEPARTMENT OF GOVERNMENT WITHIN THE CITY AND TO CHANGE THE TITLE OF THE FINANCE AND SUPPORT SERVICES DEPARTMENT TO FINANCE DEPARTMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. 3 A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Joel. 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: None. 9. RESOLUTIONS - PUBLIC HEARING: None. 10. REPORTS: As presented. 11. PUBLIC COMMENTS: Bob Burroughs. 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconde and unani usly sed, the meeting adjourned at 6:40 p.m. Approved by the Commission on October 7,2008. 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. 4