03-11-2003 MINUTES
CITY COMMISSION MEETING
MARCH 11, 2003 6 PM
(following LPA meeting)
19200 w. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:11 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin,
Ken Cohen, Manny Grossman, Patricia Rogers-Libert, Vice Mayor Harry Holzberg,
Mayor Perlow, 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:
3. 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 following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING A SIGN VARIANCE FOR HSBC BANK USA
LOCATED AT 2954 AVENTURA BOULEVARD, TO PERMIT A SECOND
WALL SIGN, SIZE NOT TO EXCEED 29.25 SQUARE FEET ON THE SOUTH
ELEVATION, WHERE ONE WALL SIGN IS ALLOWED BY CODE; PROVIDING
AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded by
Vice Mayor Holzberg. Planning Director Joanne Carr explained the request of the
applicant and entered the staff report into the record. Mayor Perlow opened the public
hearing. The following individual addressed the Commission: Susan Delegal, Esq.,
representing HSBC Bank USA. There being no further speakers, the public hearing
was closed. The motion for approval passed unanimously and Resolution No. 2003-16
was adopted.
4. AGENDA: Request for Deletions/Emergency Additions: None.
5. SPECIAL PRESENTATIONS: The Kiwanis Club of Aventura, represented by
President, Dr. Thomas Pinder, presented a Plaque of Appreciation to the City. Plaques
of appreciation and keys to the City were presented to outgoing Commissioners Arthur
Berger and Patricia Rogers-Libert.
6. CONSENT AGENDA: Commissioner Rogers-Libert requested removal of items 6D
and 6G, Commissioner Beskin requested removal of items 6A and 6H, and
Commissioner Berger requested removal of item 6B from the Consent Agenda. A
motion to approve the remainder of the Consent Agenda was offered by Vice Mayor
Holzberg, seconded by Commissioner Rogers-Libert, unanimously passed and the
following action was taken:
C. Resolution No. 2003-17 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN TERRACES NORTH AT TURNBERRY AND
THE CITY OF AVENTURA; 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. 2003-18 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED HIGHWAY LANDSCAPE GRANT
AGREEMENT AND LANDSCAPE CONSTRUCTION AND
MAINTENANCE MEMORANDUM OF AGREEMENT OUTLINING CITY
AND FDOT RESPONSIBILITIES APPLICABLE TO CONSTRUCTION,
MAINTENANCE AND PROJECT CLOSEOUT FOR THE WILLIAM
LEHMAN CAUSEWAY LANDSCAPE IMPROVEMENTS PROJECT
BETWEEN THE CITY OF AVENTURA AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
F. Resolution No. 2003-19 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED MEMORANDUM OF AGREEMENT FOR
LANDSCAPE MAINTENANCE ON THE WILLIAM LEHMAN
CAUSEWAY FROM WEST COUNTRY CLUB DRIVE TO EAST
COUNTRY CLUB DRIVE BETWEEN THE CITY OF AVENTURA AND
THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING
THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT
ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
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I. Resolution No. 2003-20 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA CONCERNING THE CITY ELECTION OF
MARCH 4, 2003, DECLARING QUALIFIED UNOPPOSED CANDIDATE
ELECTED TO OFFICE OF COMMISSION SEAT '1 WITHOUT
NECESSITY FOR FURTHER CONDUCT OF ELECTION PROCESS;
ACCEPTING AND ADOPTING THE MARCH 4, 2003 ELECTION
RESULTS FOR COMMISSION SEATS 3 AND 5, AS CERTIFIED BY
THE CANVASSING BOARD AND ATTACHED HERETO; PROVIDING
AN EFFECTIVE DATE.
The following items were removed from the Consent Agenda and addressed separately:
A motion was offered by Commissioner Beskin, seconded by
Commissioner Rogers-Libert and unanimously passed to approve the
minutes of the February 4, 2003 Special Meeting, February 4, 2003
Commission Meeting and February 20, 2003 Workshop Meeting with an
amendment to the February 20, 2003 Workshop Meeting to include in item
3 that he suggested the City terminate its membership in the Aventura
Marketing Council as a result of its participation in the City's election
process.
B. 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 THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN WILLIAMS ISLAND ASSOCIATES, LTD. AND
THE CITY OF AVENTURA; 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 Commissioner Rogers-Libert,
seconded by Commissioner Berger, unanimously passed and Resolution
No, 2003-21 was adopted.
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 THE ATTACHED WORK AUTHORIZATION NO. 01-0103-029
FOR PROFESSIONAL ENGINEERING SERVICES TO PERFORM A
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TRAFFIC STUDY TO DETERMINE THE FEASIBILITY OF MODIFIYING
THE INTERSECTION OF BISCAYNE BOULEVARD AND N.E. 187TM
STREET BY PROVIDING A RIGHT TURN ONLY ON NE 187TM STREET
BY AND BE'r~VEEN THE CITY OF AVENTURA AND CRAVEN
THOMPSON & ASSOCIATES FOR THE AMOUNT OF $40,800; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert,
seconded by Commissioner Cohen, unanimously passed and Resolution
No. 2003-22 was adopted.
G. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF A NON-
EXCLUSIVE EASEMENT FOR BIKE PATH RELOCATION ON THE
SOUTH LIMIT OF CC-AVENTURA INC. PROPERTY; AUTHORIZING
THE CITY MANAGER TO RECORD ALL INSTRUMENTS
CONCERNING THE DEDICATION OF EASEMENT; AUTHORIZING
ACCEPTANCE OF THE DEDICATION; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert,
seconded by Commissioner Berger, unanimously passed and Resolution
No. 2003-23 was adopted.
H. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2003
LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
An amendment to delete item 2 from the Program was offered by
Commissioner Beskin, seconded by Commissioner Rogers-Libert and
passed, 5-2, with Commissioner Berger and Vice Mayor Holzberg voting
no. A motion to approve the Resolution, as amended, was offered by
Commissioner Rogers-Libert, seconded by Commissioner Cohen,
unanimously passed and Resolution No. 2003-24 was adopted.
7. ORDINANCES- FIRST READING/PUBLIC INPUT:
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A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION", AT
DIVISION 3 "ECONOMIC DEVELOPMENT ADVISORY BOARD", BY
AMENDING SECTION 2-151 "CREATION, COMPOSITION AND
QUALIFICATIONS", AND AMENDING SECTION 2-154 "RULES OF
PROCEDURE"; PROVIDING FOR AMENDMENT TO SIZE AND
QUORUM REQUIREMENTS FOR THE ENCONOMIC DEVELOPMENT
ADVISORY BOARD; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Vice Mayor Holzberg. Mayor Perlow 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=
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-191(g)(2) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS REGARDING WALL SIGNS ON OFFICE AND HOTEL
BUILDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval, including the incorporation by reference into this hearing
of all amendments and testimony, written and verbal, relative to this item given at
the preceding Local Planning Agency meeting, was offered by Vice Mayor
Holzberg and seconded by Commissioner Rogers-Libert. Mayor Perlow opened
the public hearing. There being no speakers the public hearing was closed. The
motion for approval passed unanimously by roll call vote.
8. PUBLIC HEARING: ORDINANCES- SECOND READING: None.
9. RESOLUTIONS: None.
10.OTHER BUSINESS: None
11. PUBLIC COMMENTS: The following individuals addressed the Commission: Dr.
Patricia Frank, 2780 NE 183r~ Street; Joe Platnick, 18071 Biscayne Boulevard; and
Janet Laine, 3900 Island Boulevard.
12.REPORTS. As submitted.
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13.ADJOURNMENT: There being no further business,,~o come before the Commission
adjournedat this time,at 8:00afterp.m.mOtion made, seconded and ~nimou~ly pa~d, th~ meeting
Approved by the Commission on April 1, 2003.
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting o~ 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,
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