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03-03-2009MINUTES Aventura Government Center CITY COMMISSION MEETING 19200 W. Country Club Drive MARCH 3, 2009 6 P.M. 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 Zev Auerbach, Teri Holzberg, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Billy Joel, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. Commissioner Bob Diamond was absent due to illness. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Mr. and Mrs. Jonathan Evans. 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 Vice Mayor Joel, seconded by Commissioner Holzberg, passed unanimously and the following action was taken: A. The following minutes were approved: February 3, 2009 Workshop Meeting February 3, 2009 Commission Meeting February 19, 2009 Workshop Meeting February 26, 2009 Workshop Meeting B. Resolution No. 2009-14 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA ARTS AND CULTURAL CENTER ADVISORY BOARD FOR A TWO-YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. C. Resolution No. 2009-15 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. D. Resolution No. 2009-16 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. E. Resolution No. 2009-17 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. 08-07-14-2 FOR NE 190T" ST ASPHALT OVERLAY, NE 191ST ST/NE 29T" AVE DRAINAGE AND NE 209T" ST BID ALTERNATE BY AND BETWEEN THE CITY AND WILLIAMS PAVING COMPANY, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. F. Resolution No. 2009-18 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACCEPTING DONATION OF ART WORK TO THE CITY; PROVIDING FOR EFFECTIVE DATE. G. Resolution No. 2009-19 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AMENDMENT NO. 1 TO THE AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES BETWEEN OWNER (CITY OF AVENTURA) AND CONSTRUCTION MANAGER (SUFFOLK CONSTRUCTION COMPANY, INC.) FOR THE CONSTRUCTION OF THE ARTS & CULTURAL CENTER PROJECT; ESTABLISHING THE GUARANTEED MAXIMUM PRICE FOR PHASE II AT $6,800,000; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 6. ZONING HEARINGS: None. 7. ORDINANCES: FIRST READING/PUBLIC INPUT: 2 A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE II, "USE OF RIGHT-OF-WAY, PARKING, OTHER REGULATIONS" OF CHAPTER 48 "VEHICLES, USE OF RIGHT-OF- WAY, PARKING AND OTHER REGULATIONS" OF THE CITY CODE OF THE CITY OF AVENTURA BY AMENDING SECTION 48-20, "PROHIBITION OF RIGHT-OF-WAY VENDORS AND SOLICITORS ON CERTAIN ROADS", EXPANDING THE PROHIBITION TO INCLUDE CERTAIN ADDITIONAL ROADS IN ORDER TO FURTHER PROTECT THE SAFETY OF MOTORISTS, PEDESTRIANS, AND ROADSIDE VENDORS AND SOLICITORS; PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Weinberg, and seconded by Commissioner Auerbach. Mayor Gottlieb opened the public hearing. The following individual addressed the Commission: Bob Burroughs. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. B. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2008-10, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2008/09 (JULY 1 -JUNE 30) BY REVISING THE 2008/2009 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Joel, and seconded by Commissioner Holzberg. 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: Mr. Wolpin read the following ordinance by title: 3 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE III "DANGEROUS INTERSECTION SAFETY" OF CHAPTER 48 "VEHICLES, USE OF RIGHT OF WAY, PARKING, OTHER REGULATIONS" BY AMENDING SECTION 48-27 "DEFINITIONS" AND SECTION 48-28 "ADHERENCE TO RED LIGHT TRAFFIC CONTROL SIGNALS" AND SECTION 48-32 "NOTICE OF VIOLATION" OF THE CITY CODE OF THE CITY OF AVENTURA, IN ORDER TO INCREASE THE SCOPE OF THE TRAFFIC CONTROL SIGNAL VIOLATIONS THAT MAY BE CAPTURED BY A TRAFFIC CONTROL SIGNAL MONITORING DEVICE AND TO CLARIFY ENFORCEMENT PROCEDURES PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Weinberg, and seconded by Commissioner Auerbach. 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 Ordinance No. 2009-05 was enacted. 9. RESOLUTIONS -PUBLIC HEARING: None. 10. REPORTS: As presented. 11. PUBLIC COMMENTS: None. 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no furthe usiness co before the Commission at this time, .after motion made, second and un im y passed, the meeting adjourned at 6:19. T resa M. S o a, MC, City Clerk Approved by the Commission on April 14, 2009. 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