HomeMy WebLinkAbout1998-0423 Regular City Commission Meeting SUMMARY MINUTES
City of Sunny Isles Beach
City Commission Meeting — Thursday, April 23, 1998
1. CALL TO ORDER/ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Samson at 7:08 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 Lila Kauffman led the Pledge of Allegiance.
3. APPROVAL OF MINUTES:
ACTION Vice Mayor Turetsky moved and Commissioner Iglesias seconded a motion to
approve the minutes of the April 9, 1998, Commission Meeting. The motion was approved
by a voice vote of 5-0 in favor.
4. AGENDA/ORDER OF BUSINESS (ADDITIONS/DELETIONS)
ACTION: [Clerk's Note: A memo from the City Manager that requested adding-on items
9-C and 9-D was submitted at the meeting and filed with the records] Mayor Samson
mentioned that there was also an add-on item 9-E.
Commissioner Kauffman moved and Commissioner Morrow seconded a motion to add the
three proposed resolutions to the agenda. City Clerk Brown-Morilla read the titles of the
three proposed agenda add-on items. The motion was approved by a voice vote of 5-0 in
favor.
See Agenda items 9-C, 9-D, 9-E, and also items 11 and 12 .
5. SPECIAL PRESENTATIONS: none
Page 1 of 10 - Summary Minutes of the April 23, 1998, City Commission Meeting
6. ZONING Public Hearings:
A. REQUEST OF INTERCOASTAL YACHT CLUB TRUST, OWNER, PROPERTY
NORTH OF SUNNY ISLES BEACH BLVD. AND BETWEEN NORTH BAY ROAD AND
THE INTRACOASTAL WATERWAYS (19.077 ACRES) FOR THE FOLLOWING:
A. Modification of condition #2 of Resolution Z-121-87 passed and adopted by the
Board of County Commissioners on May 7, 1987 reading as follows:
From #2: That in the approval of the plan, the same be substantially in accordance
with that submitted for the hearing entitled "Towers on the Bay", as
prepared by Issaac Sklar Associates, Inc., consisting of 9 sheets dated
July 31, 1986 on sheet A-1; dated May 86 on sheets A-2, A-3 and A-4;
dated July 10, 1986 on sheets A-5 and A-6 and undated on remaining
sheets.
To #2: That in the approval of the plan the same be substantially in accordance
with that submitted for the hearing entitled "Intercoastal Yacht Club
Apartments", prepared by Salvador M. Cruxent/Architect dated revised
February 26, 1998 sheets 1 thru 5 and 7 and dated revised January 19,
1998 on sheets 6 and 9 and dated revised January 22, 1998 on sheets
8.
The purpose of this request is to allow the applicant to substitute existing plans to
show an increase in the previously approved number of units and an increase in
height of building.
2) Use variance to permit proposed apartment development with a density of 60
units per acre (675 units) 50 units per acre permitted (562 units).
3) Non-use variance of setback requirements to permit proposed building to
setback 47' (84.32' required) (62 previously approved) from the interior side
(north) property line.
4) Non-use variance of parking requirements to permit 933 parking spaces (1153
required).
Protests 1 Waivers 0
[Clerk's Note: The following item was submitted at the meeting and filed with the
records: 4/20/98 letter from Board of Directors of Plaza of the Americas]
ACTION: City Clerk Brown-Morilla read the applicant's name, and hearing number,
and the court reporter administered the oath to the witnesses for the Zoning hearing.
Public Speakers: Stanley Price, Esq.; Stella Halpern; Cecile Sippin
Mr. Price speaking on behalf of the applicant, asked for a deferral, suggesting that
talks with staff have resulted in changes to the proposed request, including eliminating
the density variance request. He said they were preparing a covenant to eliminate the
use variance request and wanted to continue meeting with staff. Vice Mayor Turetsky
moved, and Commissioner Morrow seconded a motion to defer the item to a date
to be determined by the City Manager.
The motion was approved by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias y
Commissioner Kauffman y
Commissioner Morrow yes
Vice-Mayor Turetsky yes
Mayor Samson yes
Page 2 of 10 - Summary Minutes of the April 23, 1998, City Commission Meeting
B. REQUEST OF D.P. COLONIAL LLC, PROPERTY OWNER OF 18101-18145
COLLINS AVENUE (5.307 ACRES) FOR THE FOLLOWING:
1. Special Exception for site plan approval to permit a proposed development
consisting of a condominium building and an apartment hotel.
2. Use variance to permit the apartment/hotel and condominium with a density of
66.12 units per acre (50 units permitted).
3. Use variance to permit a temporary sales center and model center .
4. Non-use variance of lot coverage requirements to permit proposed development
with a lot coverage of 49.8% (40% permitted).
5. Non-use variance of setback requirements to permit proposed parking garage
structure setback 55' (25' required) from the rear east property line.
6. Non-use variance of setback requirements to permit proposed condominium
building to setback 94.33' (192.73' required) from the rear east property line.
7. Non-use variance of setback requirements to permit proposed apartment/hotel
to setback 25' (206.8' required) from the south property line and to permit
condominium building to setback 65.51 (231.32' required).
8. Non-use variance of Zoning Regulations as applied to building height to permit
proposed apartment/hotel with a height of 406 feet (217' building height
permitted) and to permit proposed condominium building with a height of 454 ft
(56.93' building height permitted).
9. Non-use variance of floor area ratio (F.A.R.) to permit proposed building with a
F.A.R. of 2.99 (2.0 permitted).
Protests 1 Waivers 0
[Clerk's Note: The following item was submitted at the meeting and filed with the
records: 4/6/98 letter from William G. Aleurn]
ACTION: City Clerk Brown-Morilla read the applicant's name, hearing number,
location and request, and the court reporter administered the oath to the witnesses for
the Zoning hearing. Mayor Samson read a disclaimer in accordance with Ordinance
No. 97-4. City Attorney Dannheisser read a disclaimer for the record.
Public Speakers: Cliff Schulman, Esq.; Rebecca Henderson, Esq.
Ms. Henderson, representing Robert Lucas of the Suez Oceanfront Resort, asserted
objections to the adequacy of the mailed and published notice (items 2 and 7). She
requested that new mail notice and published notice be provided prior to a hearing on
the requests. Mr. Schulman said he believed the mailed, courtesy notice was proper
as to item 2. Regarding Ms. Henderson's objection to the adequacy of item 7 in the
published notice, he agreed that the hearing should be a re-noticed to clarify that the
requested setback is from the "north" property line. Mayor Samson clarified that the
applicant would pay for the cost of re-noticing.
Commissioner Morrow moved, and Commissioner Kauffman seconded a motion to
defer the item to May 14, 1998. The motion was approved by a roll call vote of
5-0 in favor. [City Clerk's note: later in the meeting the City Commission voted to
cancel the May 14th Commission meeting and rescheduled a meeting forMay28,
1998; see agenda item 9-E.]
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow yes
Page 3 of 10 - Summary Minutes of the April 23, 1998, City Commission Meeting
Vice-Mayor Turetsky rimes
Mayor Samson yes
7. ORDINANCES FOR FIRST READING:
A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, ADOPTING A CODE SECTION ENTITLED "WIRELESS
COMMUNICATION TOWERS AND ANTENNAS" TO PROVIDE A PURPOSE,
DEFINITIONS, REGULATIONS FOR LOCATION OF ANTENNAS AND
COMMUNICATION TOWERS; TO PROVIDE GENERAL REQUIREMENTS AND
MINIMUM STANDARDS, DIMENSIONS AND LIMITATIONS FOR ANTENNAS;
BANNING COMMUNICATION TOWERS IN GENERAL UNLESS EVIDENCE IS
PRESENTED THAT SERVICE CANNOT BE PROVIDED THROUGH THE USE OF
ANTENNAE AND IN SUCH CASE, TO PROVIDE MINIMUM STANDARDS FOR
COMMUNICATION TOWERS,COMPLIANCE WITH FEDERAL COMMUNICATIONS
COMMISSION EMISSIONS STANDARDS, LANDSCAPING, WARNING SIGNS AND
PROHIBITION OF ON-SITE STORAGE EQUIPMENT; TO PROVIDE MINIMUM
SETBACKS FOR COMMUNICATION TOWERS; TO PROVIDE FOR SHARED USE,
STEALTH FACILITIES AND "MICROCEL PCS"; TO GOVERN AESTHETICS; TO
PROVIDE MINIMUM SETBACK AND SIZE LIMITATIONS FOR UNMANNED
COMMUNICATION BUILDINGS;TO PROVIDE REGULATIONS FOR THE ISSUANCE
AND REVIEW OF PERMITS, INCLUDING FACTORS TO BE CONSIDERED IN
APPROVAL AND DENIAL OF PERMITS; TO PROVIDE FOR CO-LOCATION AND
STANDARDS FOR THE INSTALLATION AND MODIFICATION OF ANTENNAS; TO
PROVIDE PERIODIC INSPECTIONS AND REGULATIONS AND EXEMPTION FOR
ANTENNAS LOCATED ON MUNICIPAL PROPERTY; PROVIDING FOR
PROTECTION FOR RESIDENTS; AND TO ALLOW FOR ZONING
VARIANCES/CHANGES FROM REGULATIONS SET FORTH HEREIN; PROVIDING
FOR EXCEPTIONS TO APPLICABILITY; PROVIDING FOR REMOVAL OF
ABANDONED FACILITIES AND NONCONFORMING USES; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR INCLUSION
IN CODE; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City
Attorney Dannheisser introduced the item explaining that since the Commission
adopted Ordinance No. 97-14, which imposed a six (6) month moratorium on the
issuance of permits for wireless transmission and tower facilities, City staff has
reviewed the issues relating to locating the facilities.
Public Speakers: Gerald Sippin
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 of 5-0 in favor. Second reading, public hearing will be May 14,
1998. [City Clerk's note: later in the meeting the City Commission voted to cancel
the May 14th Commission meeting and rescheduled a meeting for May 28, 1998;
Page 4 of 10 - Summary Minutes of the April 23, 1998, City Commission Meeting
see agenda item 9-E.]
Vote: Commissioner Iglesias yes
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 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: A revised version of the
proposed ordinance was submitted at the meeting and filed with the records.]
ACTION City Clerk Brown-Morilla read the title of the proposed ordinance, and City
Manager DiPietro introduced the item. City Attorney Dannheisser read an amendment
to §1.10* to add the County Department of Environmental Resource Management.
Public Speakers: Ellen Wynne; Luciano Isla, Esq. (representing Dade Waste Haulers
Council)
Commissioner Kauffman moved to table the item, however the motion failed for lack
of a second.
Commissioner Morrow moved and Commissioner Iglesias seconded a motion to
adopt the ordinance as amended*on second reading. Ordinance No. 98-31 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
B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
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.
ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City
Attorney Dannheisser introduced the item.
Public Speakers: Stella Halpern, Martin Eisen
Commissioner Morrow moved and Commissioner Kauffman seconded a motion to
adopt the ordinance on second reading. Ordinance No. 98-32 was adopted by a
roll call vote of 5-0 in favor.
Page 5 of 10 - Summary Minutes of the April 23, 1998, City Commission Meeting
Vote: Commissioner Iglesias yes
Commissioner Kauffman y
Commissioner Morrow yes
Vice-Mayor Turetsky Yes
Mayor Samson yes
9. RESOLUTIONS:
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, ADOPTING THE SECURITY PROCEDURES FOR VOTING
SYSTEM MANUAL, AND PROVIDING FOR AN EFFECTIVE DATE.
ACT/ON: The City Clerk read the title and introduced the item, explaining that the
format of the voting system manual was essentially what the County Elections
Department had recommended for us to use.
Public Speakers: Stella Halpern
Vice Mayor Turetsky moved, and Commissioner Iglesias seconded a motion to
approve the resolution. Resolution No. 98- 43 was adopted by a roll call vote
of 5-0 in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow y
Vice-Mayor Turetsky yes
Mayor Samson yes
B. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA ADOPTING A
PARKS INTERLOCAL AGREEMENT WITH METROPOLITAN* DADE COUNTY;
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON
BEHALF OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. [*"Miami-Dade"
County]
ACTON: The City Clerk read the title and City Attorney Dannheisser introduced the
item, explaining that the County had not previously disclosed that Gilbert Samson Park
was a"park." She clarified that the sub-agreement with the adjacent hotel is an annual
agreement. The proposed Parks Interlocal Agreement would result in Gilbert Samson
Park being conveyed to the City on October 1, 1998, but the future continuation of
lifeguard services is not certain.
Public Speakers: Stella Halpern
Commissioner Morrow moved, and Commissioner Kauffman seconded a motion to
approve the resolution. Resolution No. 98- 44 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
Mayor Samson yes
Page 6 of 10 - Summary Minutes of the April 23, 1998, City Commission Meeting
C. ADD-ON ITEM: 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: This add-on item was submitted at the meeting
and filed with the records: Resolution and memo for "Site 2"]
ACTION: The City Clerk read the title and Mayor Samson explained that the City had
signed a letter of intent to purchase a second parcel of land for park use, and the
proposed grant application was for funding to help pay for the acquisition.
Commissioner Morrow moved, and Commissioner Kauffman seconded a motion to
approve the resolution. Resolution No. 98- 45 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 yn
Mayor Samson
D. ADD-ON ITEM: A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
APPROVING IN CONCEPT THE TERMS TO BE INCLUDED IN A CONTRACT FOR
THE SALE AND PURCHASE OF 17451 COLLINS AVENUE KNOWN AS THE
PRINCESS BEACH MOTEL ON THE TERMS AND CONDITIONS PROVIDED IN THE
LETTERS OF INTENT SET FORTH AS COMPOSITE EXHIBIT "A"; AUTHORIZING
THE CITY ATTORNEY TO DRAFT SUCH A CONTRACT; PROVIDING FOR AN
EFFECTIVE DATE. [Clerk's Note: This add-on item was submitted at the meeting and
filed with the records: Resolution and memo]
ACTION: The City Clerk read the title and Mayor Samson introduced the item,
explaining that this resolution provides conceptual approval for the purchase of a
second parcel of land for park use [Clerk's note: adjacent to the Beach Cove Resort,
17425 Collins Avenue].
Commissioner Iglesias moved, and Vice Mayor Turetsky seconded a motion to
approve the resolution. Resolution No. 98- 46 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
Mayor Samson yes
E. ADD-ON ITEM:A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
AMENDING RESOLUTION No. 98-40 WHICH ESTABLISHED A REVISED
SCHEDULE FOR CITY COMMISSION MEETINGS FOR 1998,TO SCHEDULE A MAY
28, 1998 CITY COMMISSION MEETING, AND PROVIDING AN EFFECTIVE DATE.
ACTION: Mayor Samson introduced the item, explaining that staff believed an
Page 7 of 10 - Summary Minutes of the April 23, 1998, City Commission Meeting
additional meeting was necessary to address financing issues related to park
acquisition. The City Manager asked to have the option to also include the Intercoastal
Yacht Club zoning hearing.
Vice Mayor Turetsky moved and Commissioner Iglesias seconded a motion to adopt
the resolution.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow yes
Vice-Mayor Turetsky ves
Mayor Samson yes
[City Clerk's note: later in the meeting there was discussion regarding a probable
schedule conflict the evening of May 14, 1998.]
Commissioner Morrow moved, and Commissioner Kauffman seconded a motion to
cancel the May 14, 1998 Commission meeting and to reschedule a May 28, 1998
City Commission meeting. Resolution No. 98-47 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
10. MOTIONS:
A. AWARD OF BID-- SIG SAUER 9MM SEMI-AUTOMATIC PISTOLS. [Clerk's Note:for
the purchase of twenty-six (26) Sig Sauer P226 9mm semi-automatic pistols, with K-
KOTE finish and night sights, in the amount of$14,921.14 from Lawmen's& Shooters
($573.89 each).
ACTION: The City Clerk read the title and City Manager DiPietro introduce the item,
noting that Police Chief Richard Harrison had a conflict in his schedule.
Commissioner Morrow moved, and Commissioner Iglesias seconded a motion to
award the bid to purchase the pistols.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow yes
Vice-Mayor Turetsky yes
Mayor Samson yes
11. DISCUSSION ITEMS:
A. Mayor Samson noted that his wife was at home recovering from pneumonia and so he
was tape recording the meeting for her.
Page 8 of 10 - Summary Minutes of the April 23, 1998, City Commission Meeting
B. Vice Mayor Turetsky complimented City staff for the job they have been performing.
C. Mayor Samson said the Rabbi would be getting married the evening of May 14, 1998,
and this might pose a conflict for several Commissioners with the Commission meeting
on the same night. Mayor Samson expressed the opinion that the City Commission
should keep to their adopted schedule. [City Clerk's note: See also agenda item 9-Ej
D. Mayor Samson introduced Police Chief Richard Harrison, and said that our own Police
officers should be on the street after July 31, 1998.
E. Mayor Samson complimented the professionalism of Building, Planning and Zoning
staff and introduced Michael Berkman and Jorge Vera.
F. Commissioner Kauffman announced that she had made copies available of an
information sheet regarding the 1998 International Senior Festival and Expo,
scheduled for May 1, 1998. She also noted that free transportation was available.
G. Commissioner Iglesias reported that traffic safety concerns on Collins Avenue were
being addressed through the Community Traffic Safety Program which has been
implemented by the Florida Department of Transportation (FDOT). He also
announced that anyone interested in becoming involved should contact FDOT.
12. REQUESTS, PETITIONS & OTHER COMMUNICATIONS:
A. During discussion of agenda item 8-A, Ellen Wynne reported the existence of three
large trash piles (including mattresses) in Golden Shores that the County has not
picked-up.
B. Cecile Sippin expressed concern regarding "over-building" of tall buildings between
North Bay Road and the Intracoastal, north of Sunny Isles Blvd. and south of Winston
Towers.
C. Martin Eisen asked that he receive notice regarding any development on North Bay
Road which he said would impact on the 700 Building of Winston Towers. City
Attorney Dannheisser explained that notice of any zoning hearings is sent to all
property owners of record within 500 feet of the subject property. Any concerned
neighbor can also look for any public notices in the Aventura News, and/or watch the
subject property where there would also be a posted notice.
D. Stella Halpern questioned why any variances should be granted. Commissioner
Iglesias explained the standards used in reviewing requests for a variance.
E. Cecile Sippin claimed that the City of Surfside had recently stayed within their zoning,
not granting any variances. Mayor Samson noted a different opinion of the facts.
Page 9 of 10 - Summary Minutes of the April 23, 1998, City Commission Meeting
F. Mary Ann Eicke expressed her support for new development which takes into account
public safety, quality of life and beach access.
13. ADJOURNMENT:
At 8:55 p.m., Commissioner Kauffman asked if she could make a motion to adjourn the
meeting, and Commissioner Morrow "seconded", whereupon the meeting ended.
Respectfully submitted by: Approved by the City Commission this 28th
day of May, 1998.
•
Richard Brown-Morilla, City Clerk David Samson, ayor
ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF SUNNY ISLES
BEACH 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.
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Page 10 of 10 - Summary Minutes of the April 23, 1998, City Commission Meeting