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05-01-2001 Commission Meeting MINUTES Aventura Government Center CITY COMMISSION MEETING 19200 W. Country Club Drive MAY 1, 2001 6 PM Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin, Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Ken Cohen, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorneys Richard Jay Weiss and David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Dan Eichmann led the pledge of allegiance. Mayor Perlow requested a moment of silence in memory of one of the City's Founders, Rubin Steiner. 3. ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were disclosed and filed with the City Clerk in accordance with Ordinance 96-09. All witnesses giving testimony in these hearings were sworn in by the City Clerk. Mr. Weiss read the following resolution by title: MOTION AUTHORIZING CITY MANAGER TO EXECUTE AND CAUSE TO BE RECORDED AMENDMENT TO DECLARATION OF RESTRICTIONS FOR AVENTURA BAY VILLAS CORPORATION/GDC HOLDINGS, LLC, PREVIOUSLY RECORDED IN OFFICIAL RECORDS BOOK 18718 AT PAGE 3286 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Brenda Kelley, Community Development Director, explained the request of the applicant and entered the staff report into the record. Mayor Perlow opened the public hearing. The following individuals addressed the Commission: Stanley Price, Esq., 2500 Financial Center, and Mike Molhall, 1800 Pembroke Drive, Orlando, both representing GDC Holdings, LLC. There being no further speakers, the public hearing was closed. A motion for approval was offered by Vice Mayor Cohen and seconded by Commissioner Holzberg. An amendment was offered by Mayor Perlow, seconded by Vice Mayor Cohen and unanimously passed to clarify that the time period for filing for site plan approval is 20 months from date of original Declaration. The motion, as amended, passed unanimously by roll call vote. 4. APPROVAL OF MINUTES: A motion to approve the minutes of the April 2, 2001 Commission Planning Session, the April 3, 2001 Commission Meeting, and April 23, 2001 Commission Workshop was offered by Commissioner Berger, seconded by Commissioner Rogers-Libert and unanimously passed. 5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCYADDITIONS: None. 6. SPECIAL PRESENTATIONS: Certificates of Appreciation were presented to David M. Carbone, CEO of Aventura Hospital and Medical Center (accepted by Jay Miranda and Ann Miner in Mr. Carbone's absence), and the Coronado Condominium Association (accepted by Commissioner Grossman) for the use of their facilities by the City of Aventura from 1996 to 2001. 7. CONSENT AGENDA: Mayor Perlow requested removal of item 7B. A motion to approve the remainder of the Consent Agenda was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg, unanimously passed and the following action was taken: A. Resolution No. 2001-25 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE CONVEYANCE DOCUMENTS TO MIAMI-DADE WATER AND SEWER AUTHORITY FOR WATER FACILITIES INSTALLED FOR AVENTURA GOVERNMENT CENTER; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. The following item was removed from the Consent Agenda and addressed separately: B. Mr. Weiss read the following Resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AMENDING RESOLUTION NO. 96 -18 WHICH ESTABLISHED COMPREHENSIVE COMMISSION MEETING AND AGENDA PROCEDURES, AS AMENDED BY RESOLUTION NO. 2000- 36; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Holzberg. An amendment was offered by Mayor Perlow, seconded by Commissioner Rogers-Libert and unanimously approved to remove "Ordinances for First Reading" from Consent Agenda. An amendment was offered by Commissioner 2 Rogers-Libert, seconded by Commissioner Beskin and unanimously passed to strike in Section 3 of the Resolution the words "Public Hearing" and add at end "/Public Input" from No. 6. The motion, as amended, passed unanimously and Resolution No. 2001- 26 was adopted. 8. PUBLIC HEARING: ORDINANCES - FIRST READING: A. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 34 "PLANNING AND ZONING", AMENDING ARTICLE II "QUASI-JUDICIAL MA'I-I'ERS" TO REPEAL 34-31 "EX PARTE COMMUNICATIONS WITH PUBLIC OFFICIALS," SECTION 34-32 "HEARING PROCEDURES," AND REPLACE WITH NEW SECTIONS 34-31 THROUGH 34-39 REGARDING QUASI-JUDICIAL DEVELOPMENT ORDERS; RENUMBERING EXISTING SECTION 34-33 "PUBLIC STATEMENTS BY COMMISSIONERS" TO BECOME SECTION 34-40; 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 Cohen. 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. B. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 26 ENTITLED "ELECTIONS", BY AMENDING ARTICLE I. "IN GENERAL" SECTION 26-1 "CANVASSING OF ELECTION RETURNS; CERTIFICATES OF ELECTION" TO PROVIDE FOR ADDITIONAL INDIVIDUALS TO SERVE WITH THE CITY CLERK IN THE CANVASSING OF ELECTION RETURNS A motion for approval was offered by Commissioner Rogers-Libert and seconded by Vice Mayor Cohen. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. An amendment was offered by Commissioner Berger, seconded by Commissioner Rogers-Libert and unanimously approved to provide in Section 1 that the judge selected be an "acting" judge. The motion for approval passed unanimously by roll call vote. 9. PUBLIC HEARING: ORDINANCES- SECOND READING: None. 3 10. RESOLUTIONS: None. 11. OTHER BUSINESS: None. 12. PUBLIC COMMENTS: The following individuals addressed the Commission: Art Grossman, West Country Club Drive; Sharon Perlow, Country Club Estates, who presented Mayor Perlow with a gavel from his son; and Krop Senior High student Arthur DeFilippo, 20291 NE 30th Avenue, who referenced an award previously presented to Commissioner Berger for his work with Krop Senior High students. 13. REPORTS: As presented. 14. 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 6:50 p.m. ~L~(~ ~.:'/:~ T,~;sa M. Soroka ,MC,3, ~ityity £Clerk Approved by the Commission on June 5, 2001. 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