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Home My WebLink About1998-0409 Regular City Commission Meeting SUMMARY MINUTES City of Sunny Isles Beach City Commission Meeting — Thursday, April 9, 1998 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:00 p.m. The following officials were present: Mayor David Samson Vice-Mayor Irving Turetsky Commissioner Danny Iglesias Commissioner Lila Kauffman Commissioner Connie Morrow City Manager James DiPietro City Attorney Lynn M. Dannheisser City Clerk Richard Brown-Morilla 2. PLEDGE OF ALLEGIANCE: ACTION: Commissioner Connie Morrow led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: ACTION. Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve the minutes of the March 26, 1998, Commission Meeting. The motion was approved by a voice vote of 5-0 in favor. 4. AGENDA/ORDER OF BUSINESS (ADDITIONS/DELETIONS) See Agenda items 5-D, and 11. 5. SPECIAL PRESENTATIONS: A. Swearing-in of Police Chief Richard Harrison ACTION. Circuit Court Judge Joseph Farina administered the ceremonial oath of office to Police Chief Richard Harrison. B. Recognition Awards: City Hall Construction ACTION Mayor Samson introduced and thanked Jose Milton, Joe Milton, John Shepherd, Kobi Karp, Dr. Robert Cornfeld, and Raanan Katz, each of whom provided valuable assistance in the effort to construct our new City Hall facilities. Mayor Samson then presented each gentleman with a plaque in appreciation of their services. Page 1 of 7 - Summary Minutes of the April 9, 1998, City Commission Meeting C. Sunny Isles Beach Renaissance Community Redevelopment Authority(formed by the Sunny Isles Beach Resort Association to serve as a liaison between the business community and the City) ACTION: Kenneth Welt, former Executive Director of the Sunny Isles Beach Resort Association, and Bill Lone, current Executive Director of the Sunny Isles Beach Resort Association, spoke about their hopes for a new private organization to work cooperatively with the City. The mission and objectives are to enhance planning, project funding, development of City improvements, perpetuation of economic development, and the improvement of quality of life for our residents. They requested City recognition and participation. The proposed organizational structure would include a Board of Directors to be selected and appointed by the City Commission. By the next Commission meeting they will recommend a formal structure for Commission adoption, including a liaison from the Commission to serve on their Board. No City funds will be sought. Future issues will include: street scape programs, community parks, recreation/entertainment programs, roadway improvements, City gateway and entrance features encompassing landscape and signage, beach access points and design, redevelopment planning, safety and crime prevention programs. D. Add-on item. Deborah Flowers, Chairman of the Board of the Aventura Marketing Council and Elaine Adler, President, welcomed Sunny Isles Beach as the newest City in the County. 6. ZONING Public Hearings: A. CASTELITA INV. CORP. Melvin Rubel, Samuel Rubel, Melvin Sommer (contract purchaser Michael Dezer) Chateau Motel/Blue Mist Hotel (Hearing deferred from 2/26/98 meeting) Hearing No. 97-126 LOCATION: 19111 and 19115 Collins Avenue, Sunny Isles Beach REQUEST: (1) Use variance to permit a proposed apartment/hotel with a density of 83.82 units per acre (75 units per acre permitted). (2) Non-use variance of floor area ratio requirements to permit a proposed building with a floor area ratio of 2.99 (2.0 permitted). (3) Non-use variance of setback requirements to permit a proposed building to setback 82' from the interior side (north) property line and setback 25' from the interior side (south) property line (211.45' required). (4) Non-use variance of setback requirements to permit proposed building to setback 0' (152' required)from the rear(east) property line. (5) Non-use variance of lot coverage requirements to permit the proposed building with a lot coverage of 52% (40% permitted). (6) Non-use variance of building height requirements to permit the proposed building with a height of 415' (94.33' permitted). (7) Non-use variance of parking requirements to permit 451 parking spaces (677 spaces required). (8) Non-use variance of zoning regulations to permit tandem parking (none permitted). Page 2 of 7 - Summary Minutes of the April 9, 1998, City Commission Meeting A plan is on file and may be examined in the Zoning Department entitled "Aventura Beach Chateau Resort Apartment/Hotel," as prepared by Kobi Karp, consisting of 10 sheets, dated 4/23/97 on sheets A2, A2A, A3, A3A, dated 7/10/97 on sheets Al, A4, A5, A6, A8, dated 7/11/97 on sheet A7, and plans entitled "Chateau Resort Apartment/Hotel," as prepared by Witkin Design Group, dated 2/12/97. Plans may be modified at public hearing. 1. Letter from Dezer Properties Co.: requesting deferral ACTION: City Clerk Brown-Morilla read the applicant's name, and hearing number, and Mayor Samson read the letter requesting a deferral. Public Speaker. none Commissioner Morrow moved, and Commissioner Kauffman seconded a motion to defer the item to an uncertain date during a City Commission meeting. The motion was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 7. ORDINANCES FOR FIRST READING: A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA PROVIDING FOR THE ISSUANCE OF SOLID WASTE COLLECTION FRANCHISES; REQUIRING FRANCHISE FOR SOLID WASTE COLLECTIONS; IMPOSING FRANCHISE FEE FOR SOLID WASTE COLLECTION ACTIVITIES; AWARDING FRANCHISES TO CERTAIN PERMITTED PRIVATE HAULERS; PROVIDING FOR SEVERABILITY, PENALTY AND AN EFFECTIVE DATE. [Clerk's Note: The following item was submitted at the meeting and filed with the records: Revised proposed ordinance reducing the one-time application fee from $1,000 to $750.] ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City Manager DiPietro introduced the item explaining that currently the private waste haulers for businesses, apartments and condos are paying a franchise tax to the County. The proposed ordinance would allow the tax to come to the City. Public Speakers: Susan Fried, Don Stewart Commissioner Morrow moved and Commissioner Kauffman seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote o 5-0 in favor. Second reading, public hearing will be April 23, 1998. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES Page 3 of 7 - Summary Minutes of the April 9, 1998, City Commission Meeting BEACH, FLORIDA, AMENDING ORDINANCE NO. 98-28 WHICH ESTABLISHED NOTICE AND HEARING PREREQUISITES AS SET FORTH IN SECTION 33-310 OF THE MIAMI-DADE COUNTY CODE, AMENDING THE LAYPERSON'S NOTICE TO BE PUBLISHED NOT LESS THAN FOURTEEN (14) DAYS PRIOR TO THE PUBLIC HEARING; AND PROVIDING FOR REPEALER, SEVERABILITY; AND AN EFFECTIVE DATE. Public Speakers: none City Clerk Brown-Morilla read the title of the proposed ordinance, and City Attorney Dannheisser introduced the item. Vice Mayor Turetsky moved and Commissioner Morrow seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be April 23, 1998. Vote: Commissioner Iglesias ves Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 8. ORDINANCES FOR SECOND READING (PUBLIC HEARINGS) A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 28, CODE OF MIAMI-DADE COUNTY ENTITLED "SUBDIVISIONS" MAKING LEGISLATIVE FINDINGS AND SETTING FORTH PURPOSE; REQUIRING UNDERGROUND UTILITY SERVICE FACILITIES FOR NEW CONSTRUCTION AND EXISTING STRUCTURES UNDERGOING SUBSTANTIAL REHABILITATION AND REQUIRING PROPERTY OWNERS IN AREAS WHERE UNDERGROUND DISTRIBUTION FACILITIES ARE INSTALLED TO PROVIDE FOR NECESSARY CONVERSION OF THE SERVICE FACILITIES FOR THEIR PROPERTIES FOR USE OF THE UNDERGROUND DISTRIBUTION FACILITIES WITHIN NINETY (90) DAYS OF COMPLETION OF THE NEW FACILITIES; REQUIRING EXISTING UNDERGROUND SERVICES TO REMAIN UNDERGROUND; AUTHORIZING THE CITY TO PROVIDE FOR CONVERSION OF SERVICE FACILITIES WHEN PROPERTY OWNERS FAIL TO DO SO TIMELY AND PROVIDING THAT ALL COSTS INCURRED BY THE CITY IN CONVERTING SERVICE FACILITIES FOR A PRIVATE PROPERTY SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN UPON THE PROPERTY, WHICH MAY BE FORECLOSED OR OTHERWISE COLLECTED BY THE CITY; PROVIDING FOR A REPEALER, SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City Attorney Dannheisser introduced the item. Mayor Samson clarified the motivation being a concern for public safety. Public Speakers: none Commissioner Kauffman moved and Commissioner Morrow seconded a motion to adopt the ordinance on second reading. Ordinance No. 98-29 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Page 4 of 7 - Summary Minutes of the April 9, 1998, City Commission Meeting it Commissioner Kauffman y Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes B. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING THE GENERAL FUND OPERATING BUDGET AND CAPITAL BUDGET FOR FISCAL YEAR COMMENCING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998 THEREBY AMENDING ORDINANCE 97-6; PROVIDING FOR PROCEDURES FOR MINOR AMENDMENTS WITHIN THE BUDGET; PROVIDING AN ADDITION OF OPERATING DEPARTMENTS OF THE CITY AMENDING ORDINANCE NO 97-7; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR ISSUANCE OF CHECKS AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City Manager DiPietro introduced the item. Public Speakers: none Vice Mayor Turetsky moved and Commissioner Kauffman seconded a motion to amend and adopt the ordinance on second reading [effective April 13, 1998, the annual salary for the City Manager will be 8100,000, and the annual salary for the City Attorney will be $125,000, with the funding increases coming from a reduction in the general government contingency account]. Ordinance No.98-30 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 9. RESOLUTIONS: A. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REPEALING RESOLUTION NO. 98-37 WHICH AUTHORIZED THE CITY MANAGER TO FILE AN APPLICATION FOR A GRANT FROM THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM, AND AUTHORIZED THE MAYOR TO EXECUTE DOCUMENTS RELATING TO THE GRANT; AND PROVIDING FOR AN EFFECTIVE DATE. [Clerk's note: see also agenda item 9-B, below] ACTION: The City Clerk read the title and City Finance Director Neustadt introduced the item, explaining that the County had a format they preferred for us to use. Commissioner Iglesias moved, and Vice-Mayor Turetsky seconded a motion to approve the resolution. Resolution No. 98-41 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman y Commissioner Morrow yes Vice-Mayor Turetsky yes Page 5 of 7 - Summary Minutes of the April 9. 1998, City Commission Meeting Mayor Samson yes B. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING AN APPLICATION FOR A GRANT FROM THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM, AND PROVIDING FOR AN EFFECTIVE DATE. [Clerk's note: see also agenda item 9-A, above] ACTION: The City Clerk read the title and City Finance Director Neustadt introduced the item, explaining that this resolution follows the format that the County preferred for us to use. Commissioner Morrow moved, and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 98- 42 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes • Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky ves Mayor Samson yes 10. MOTIONS: A. AWARD OF BID - POLICE VEHICLE ACCESSORY EQUIPMENT. [Clerk's Note: for the purchase of seven (7) police vehicle accessory equipment packages, for $15,848.00 from Mike Shad Ford. After the meeting, City staff noted a $40.00 error in computation, thereby reducing the actual price to only $15,808.00] ACTION: The City Clerk read the title and Public Works Superintendent Robert Pushkin introduced the item. Commissioner Morrow moved, and Commissioner Iglesias seconded a motion to award the bid to purchase seven (7) police vehicle accessory equipment packages. Vote: Commissioner Iglesias yes Commissioner Kauffman ves Commissioner Morrow ves Vice-Mayor Turetsky ves Mayor Samson ves 11. DISCUSSION ITEMS: A. Commissioner Kauffman asked staff to prepare an ordinance to regulate restaurant use of sidewalk tables and chairs. Michael Berkman said the County Code did include regulate sidewalk cafes [Clerk's note: the City has adopted the County Code] City Attorney Dannheisser reported that Jorge Vera, Zoning and Code Administrator, has been reviewing proposals on this issue to bring to the City Commission for consideration. City Manager DiPietro said that staff is also working on an Occupational License ordinance. Page 6 of 7 - Summary Minutes of the April 9, 1998, City Commission Meeting 12. REQUESTS, PETITIONS & OTHER COMMUNICATIONS: None 13. ADJOURNMENT: At 7:57 p.m., Commissioner Morrow moved, and Commissioner Kauffman seconded a motion to adjourn which was approved by a unanimous voice vote. Respectfully submitted: Approved by the City Commission this 23r1 day of April 998. • • ,Richard B?own-Morilla, City Clerk David Samson, ayor . ANYONE WASHING TO APPEAL ANY DECISION MADE BY THE CITY OF SUNNY ISLES BE"ACH.WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH 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. Pane 7 of 7 - Summary Minutes of the April 9, 1998, City Commission Meeting