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06-01-2010~,1 ~ MINUTES Aventura Government Center CITY COMMISSION MEETING 19200 W. Country Club Drive JUNE 1, 2010 6 PM Aventura, Florida 33180 ~. ,~l 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, Bob Diamond, Teri Holzberg, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor Gottlieb, City Manager Eric M. Soroka, and City Attorney David Wolpin. Commissioner Billy Joel and City Clerk Teresa M. Soroka were absent due to illness. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by the Honorable Gwen Margolis. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: None. 5. CONSENT AGENDA: Mayor Gottlieb requested Consent Agenda. A motion to approve the remainder offered by Commissioner Holzberg, seconded by unanimously and the following action was taken: A. APPROVAL OF MINUTES: May 4, 2010 Commission Meeting May 20, 2010 Workshop Meeting removal of item 5D .from the of the Consent Agenda was Vice Mayor Stern, passed B. Resolution No. 2010-30 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A RANKING OF FIRMS TO PERFORM VALET/PARKING MANAGEMENT SERVICES; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA ON BEHALF OF SAID CITY TO NEGOTIATE FOR SAID SERVICES; 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. 2010-31 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING ABID/CONTRACT FOR ALTERNATE NO. 3 OF BID NO. 10-02-10-2, NE 191ST STREET ROADWAY AND DRAINAGE IMPROVEMENTS, TO KMC CORPORATION AT THE BID PRICE OF $350,349; 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. The following item was removed from the Consent Agenda and addressed separately: D. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN FIRST AMENDMENT TO AGREEMENT BY .AND BETWEEN PERFORMING ARTS CENTER AUTHORITY AND THE CITY OF AVENTURA FOR STARTUP SERVICES, MANAGEMENT, PROGRAMMING AND OPERATIONAL SUPPORT SERVICES FOR THE AVENTURA ARTS AND CULTURAL CENTER; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Mayor Gottlieb, seconded by Commissioner Auerbach, unanimously passed and Resolution No. 2010- 32 was adopted. 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. Mr. Wolpin enacted the quasi-judicial proceedings. Ex parte communications, if any, were filed by the Commission. All persons giving testimony were administered the oath by Donna Mussatto. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR OLIVE GARDEN ITALIAN RESTAURANT ON PROPERTY LOCATED AT 17985 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING AN EFFECTIVE DATE. 2 A motion for approval was offered by Vice Mayor Stern and seconded by Commissioner Weinberg. Community Development 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 and Resolution No. 2010-33 was adopted. 7. ORDINANCES: FIRST READING/PUBLIC INPUT: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING THE CITY CODE BY AMENDING ARTICLE III "DANGEROUS INTERSECTION SAFETY" OF CHAPTER 48 "VEHICLES, USE OF RIGHT OF WAY, PARKING AND OTHER REGULATIONS;" PROVIDING FOR RECORDED IMAGE MONITORING AND ENFORCEMENT OF RED LIGHT TRAFFIC CONTROL SIGNALS CONSISTENT WITH GENERAL LAW AS PROVIDED BY CHAPTER 2010-80, LAWS OF FLORIDA (2010); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SAVINGS, RATIFICATION AND RESERVATION OF RIGHTS; 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. Joe Platnick addressed the Commission. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA AMENDING PROVISIONS OF THE POLICE OFFICERS' RETIREMENT PLAN REQUIRED BY LAWS OF FLORIDA CHAPTER NO. 2009-97 PROVIDING FOR INCREASED TERMS FOR TRUSTEES TO FOUR YEARS; PROVIDING FOR AN INCREASED CAP ON INTERNATIONAL INVESTMENTS UP TO TWENTY-FIVE PERCENT; PROVIDING FOR COMPLIANCE WITH THE PROTECTING FLORIDA'S INVESTMENTS ACT; PROVIDING FOR COMPLIANCE WITH PROVISION OF THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT; PROVIDING FOR PURCHASE OF PRIOR MILITARY AND POLICE SERVICE; PROVIDING FOR CHANGING OF JOINT SURVIVOR ANNUITY AFTER RETIREMENT UP TO TWO TIMES 3 WITHOUT PRIOR APPOVAL; PROVIDING FOR FULL FUNDING UPON TERMINATION OF THE RETIREMENT PLAN; PROVIDING FOR AUTHORITY TO DIRECT PAYMENT FROM RETIREMENT BENEFIT OF CERTAIN INSURANCE PREMIUMS; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg 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. 8. ORDINANCES: SECOND READING/PUBLIC HEARING: None. 9. RESOLUTIONS -PUBLIC HEARING: None. 10. REPORTS: As presented. 11. PUBLIC COMMENTS: None. 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 6:40 p.m. Ct. esa M. So ka, M ,City Clerk Approved by the Commission on July 6, 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. 4