HomeMy WebLinkAbout1998-0528 Regular City Commission Meeting SUMMARY MINUTES
City of Sunny Isles Beach
City Commission Meeting — Thursday, May 28, 1998
1. CALL TO ORDER/ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Samson at 6:03 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: Girl Scouts Troop 553 "presented the colors" and led the Pledge of Allegiance
to the flag.
3. APPROVAL OF MINUTES:
ACTION: Commissioner Kauffman moved and Commissioner Morrow seconded a motion
to approve the minutes of the April 23, 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 City Manager DiPietro that requested a motion be
approved to change the commencement time of the meeting from 7:00 p.m. to 6:00 p.m.
was submitted at the meeting and filed with the records.]
Commissioner Iglesias moved and Commissioner Kauffman seconded a motion to
commence the City Commission meeting at 6:00 p.m. The motion was approved by
a voice vote of 5-0 in favor.
See also Agenda add-on item 10-D, 11-B, C.
5. SPECIAL PRESENTATIONS:
A) RECOGNITION SERVICE AWARDS FOR CHARTER COMMISSION
ACTION: Mayor Samson expressed gratitude to Charter Commission members for their
work in drafting the Municipal Charter that was approved by the voters on June 16, 1997.
He presented members Judge Manuel Ramos, Roslyn Brezin, Don Stewart with plaques
Later in the meeting, Chairperson Robert Lilienfeld was present to receive his plaque.
Lynn Dannheisser also received a plaque in appreciation for legal advice to the Charter
Commission.
Page 1 of 15 - Summary Minutes of the May 28, 1998, City Commission Meeting
6. ZONING:
A. Hearing No. Z980001 11-52-42
REQUEST OF INTERCOASTAL YACHT CLUB TRUST, OWNER OF PROPERTY
LOCATED NORTH OF SUNNY ISLES BEACH `BOULEVARD AND BETWEEN
NORTH BAY ROAD AND THE INTRACOASTAL WATERWAY FOR THE
FOLLOWING:
1. Use variance to permit proposed apartment development with a density of 60
units per acre (675 units) 50 units per acre permitted (562 units).
2. 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.
• 3. Non-use variance of parking requirements to permit 993 parking spaces (1153
required).
Ex-parte disclosure 1* Protests 1 Waivers 1
ACTION: City Clerk Brown-Morilla read the applicant's name, hearing number, and
location, 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,
and City Attorney Dannheisser read a disclaimer for the record. Vice Mayor Turetsky
disclosed ex-parte communications he received. [*Clerk's Note: A memo from Vice
Mayor Turetsky was submitted at the meeting and filed with the records, disclosing ex-
parte communication on this matter.]
Public Speakers: Stanley Price, Esq.; Esq.; City Building Official Michael Berkman;
Martin Eisen; Cecile Sippin; Kathleen Kennedy; Leroy Weiner; Mary Ann Eicke; Claire
Fuchs; Joseph Sonneborn; and Ada Valiente Garcia
Mr. Price, representing Jose Milton, reported that the applicant was withdrawing all
variance requests, and was only seeking to substitute a new site plan for the
previously approved site plan, with no variances, and the specific request to transfer
one story from the northern-most building to southern-most building. City Building
Official Michael Berkman presented his report. He said that City staff have a serious
concerns regarding the appropriateness of the use of apartment/hotel on the
intracoastal side of the island. Mr. Berkman recommended that all of the conditions
specified by staff be maintained as a condition of site plan approval. Additionally he
recommended that the language of the conditions be modified so that the height that
the developer reduce the north building by be more than one or more stories as is
necessary so that they meet the setback requirements. Mr. Price agreed to the
additional condition, but he objected to part of City Zoning & Code Administrator Jorge
Vera's condition #5, which required that all units be put into a rental pool. Mr. Price
asked that condition #5 be modified so that only apartment/hotel units be included,
since condos would not be in the rental pool.
Commissioner Kauffman moved, and Commissioner Morrow seconded a motion to
direct City staff to study the issue of the compatibility of"transient use" on the
Intracoastal (North Bay Road). The motion was approved by a roll call vote of
5-0 in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow yes
Page 2 of 15 - Summary Minutes of the May 28, 1998, City Commission Meeting
Vice-Mayor Turetsky yes
Mayor Samson yes
Vice Mayor Turetsky saying: "the City is not for sale!" objected to a statement
attributed to Mr. Price offering the City $100,000. Later in the meeting, mutual
apologies regarding possible offense were exchanged between Mr. Price and the Vice
Mayor.
Mayor Samson sought clarification regarding the power of the City to enforce the 5%
rental requirement that the applicant would pay for the cost of re-noticing. He also
asked if a traffic study had been done on North Bay Road. Mr. Price said no traffic
study had been done on North Bay Road, but there was a Collins Avenue traffic study.
Vice Mayor Turetsky moved, and Commissioner Iglesias seconded a motion to
approve the request for modification of the site plan, as revised, in accordance
with the written and oral City staff recommendations and conditions. The motion
was approved as Resolution No. 98-Z-8, 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. Hearing No. Z980004 2-52-42
REQUEST OF D.P. COLONIAL LLC., PROPERTY OWNER OF 18101 - 18145
COLLINS AVENUE FOR THE FOLLOWING:
1. Special Exception for site plan approval to permit a proposed multiple family
housing development consisting of an apartment building and an apartment
hotel.
2. Use variance to permit the apartment/hotel and condominium with a density of
66.14 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 apartment
building to setback 94.33' (192.73' required) from the rear (east) property line.
6. 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
proposed apartment building to setback 65.51' (231 .49' required) from the
(north) property line.
7. 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 apartment building with a height of 454.33 ft
(56.93' building height permitted).
8. Non-use variance of floor area ratio (F.A.R.) to permit proposed buildings with
a F.A.R. of 2.99 (2.0 permitted).
Protests 1 Waivers 0
Page 3 of 15 - Summary Minutes of the May 28, 1998, City Commission Meeting
ACTION: City Clerk Brown-Morilla read the applicant's name, hearing number, and
location, 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,
and City Attorney Dannheisser read a disclaimer for the record.
Public Speakers: Cliff Schulman, Esq.; Charles Sieger, AIA; Francis Lucas, owner of
the Suez Hotel; Joaquin Velasco; Fred Melasky; Rebecca Henderson, Esq.; Gary
Slopey, a professional structural engineer; Mark Alvarez, AICP, a professional
transportation planner; Robert Lucas
Mr. Schulman, said the applicant was modifying the application by withdrawing
requests # 2, and 3, agreeing to City staff recommendations. He also introduced the
principals of the proposed development. Speaking about the site plan, Mr. Sieger,
AIA, said the parking garage would not be seen because of the landscaping. Mr.
Schulman and Mr. Sieger displayed several photos and diagrams. On behalf of the
applicant, Mr. Schulman agreed to staff requests to underground the utilities, and to
make a $168,000 contribution to the City to help others to underground their utilities,
and to contribute $211,000 into the project to beautify Collins Avenue.
Francis Lucas,owner of the Suez Hotel, expressed concerns regarding the impact that
shade from the proposed construction would have on his hotel. Mr. Sieger testified
regarding shadow studies and responded to questions. Ms. Henderson, Esq.,
representing the owners of the Suez Oceanfront Resort, questioned the severable use
rights (SUR's) and the density that is actually on the property, whether it was 50 or 55
units per acre, since the variance had been withdrawn. She also asserted that the
developer, Prime View Ventures, allegedly a general partnership, is a legally non-
existent entity in the State of Florida. She said that Florida Statutes require general
partnerships to be registered with the State. Ms. Henderson alleged that no such
partnership is registered with the State. She advised the Commission of their right to
demand a site plan review, and that no structural plans or traffic study had been
submitted. She said her client would submit a traffic study prepared by a traffic expert,
showing a level of service of"E." She raised concerns regarding shadows being cast
not only over the Suez Hotel, but also onto the condo building to the north of the Suez,
and onto the beach. She stated that many issues had not been addressed by the
applicant, including adequacy of water concerns, Concurrency, and a hurricane
evacuation plan.
Mr. Slopey, a professional structural engineer, commented on his concerns regarding
a potential for beach erosion and foundation problems for the property to the north.
He also stated concern regarding the effects of possible storm surge, saying a wind
study was needed.
Mr. Alvarez, a professional transportation planner, AICP, presented testimony
regarding the traffic study that he performed and presented his conclusion that there
was a level of service "E". [Clerk's note: Mr. Alvarez submitted a "Traffic Impact
Analysis"which was filed with the meeting records.] Mr. Schulman moved to strike the
traffic study since it was not submitted ten (10) days before the hearing.
Commissioner Iglesias asked who the applicant was, and City Attorney Dannheisser
Page 4 of 15 - Summary Minutes of the May 28, 1998, City Commission Meeting
said it was Dezer, DPL Colonial. Mr. Schulman stated that the proper applicant is the
owner of the property, which was the case.
City Building Official Michael Berkman presented his report. He noted that the granting
of severable use rights (SUR's) is not a matter of right. He noted that Concurrency is
not broached by this project, and that the plan is consistent with the Land Use Plan of
the Comprehensive Plan.
Commissioner Iglesias displayed an aerial photo of the City with his markings, showing
two (2) story and less than 11 story structures. Mayor Samson questioned Mr.
Schulman regarding beach access. Mr. Schulman agreed to provide a 12 feet beach
access.
Mayor Samson passed the gavel, then moved, and Commissioner Iglesias seconded
a motion to approve the item, as revised, with a reduced FAR of 2.5, density to
be 50 units per acre,with no SUR's, and with the balance of written and oral City
staff recommendations and conditions. The motion was approved as Resolution
No. 98-Z-9, 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
C. Hearing No. Z980003 11/14.52.42
REQUEST OF FIVE SEAS INVESTORS, INC. PROPERTY OWNER OF THE
NORTHWEST CORNER OF SUNNY ISLES BEACH BOULEVARD AND COLLINS
AVENUE FOR THE FOLLOWING:
1. D.B.C. BU-1 and BU-1A to BU-2
Or in the alternative to request #1:
2. Use variance to permit a three (3) story parking garage in the BU-1 and BU-1A
district as would be permitted in the BU-2 district.
and with either request:
3. S.E. for site plan approval to permit a proposed commercial parking garage.
4. Non-use variance of lot coverage requirements to permit proposed parking
garage with a lot coverage of 83.94% (40% permitted).
5. Non-use variance of setback requirements to permit proposed parking garage
to setback 5' (20' required) from the rear west property line.
6. Non-use variance of setback requirements to proposed parking garage to
setback 0' (5' required) from the interior side north property line and setback
10.75 (15' required) from the side street south property line.
7. Non-use variance of landscape open space requirements to permit proposed
development with an open space of 14.9% (16.72% required).
Protests 3 (plus a video) Waivers 1
ACTION: City Clerk Brown-Morilla read the applicant's name, hearing number, and
Page 5 of 15 - Summary Minutes of the May 28, 1998, City Commission Meeting
location, 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,
and City Attorney Dannheisser read a disclaimer for the record.
Public Speakers: Stanley Price, Esq.; Marlene Oper [Clerk's note: Ms. Oper submitted
a copy of a petition that was filed with the meeting records]; Bobby Dean Phillips; Carl
Dearing; Mary Ann Eicke; Cecile Sippin; William F. Lone;
Mr. Price withdrew request #2 for a use variance, and said that the applicant agreed
to the City request for a covenant to provide 100 spaces in the parking garage to be
set aside for public use, but not free. Citizens objected that the parking garage would
attract beach goers, and there were no public facilities to accommodate the needs
(bathrooms etc.).
City Building Official Michael Berkman presented his report noting that the proposed
land use is consistent with the Land Use Plan. Mayor Samson asked if there were any
other pending applications for this property, and the answer was "no."
Mr. Price noted that the applicant would submit a covenant with title regarding the
public parking spaces. Mayor Samson sought assurance through surveillance that the
100 spaces would be truly for public use only.
Vice Mayor Turetsky moved, and Commissioner Iglesias seconded a motion to
accept the recommendation of the Building Official in approval . The motion
was approved as Resolution No. 98-Z-10, by a roll call vote of 4-1 in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow no
Vice-Mayor Turetsky yes
Mayor Samson yes
D. Hearing No. Z97000097 11-52-42
REQUEST OF HAL INVESTMENT SYSTEM, INC. & BILKE ENTERPRISES, INC.
PROPERTY OWNERS OF 17200 - 17276 COLLINS AVENUE FOR THE
FOLLOWING:
1. District Boundary Change from BU-1 to BU-1A.
2. Special Exception to permit site plan approval for an existing commercial
development.
3. Non-use Variance of Zoning Regulations requiring a 5' high decorative masonry
wall where a business lot abuts residentially zoned property; to waive same to
omit the wall along the west property line where it abuts residentially zoned
property.
4. Non-Use variance of parking regulations requiring a continuous, extensively
planted greenbelt of not less than 5' be placed along all property lines abutting
right-of-way lines when there exists parking between the required setback line
and the official right-of-way line; to waive same.
5. Non-Use Variance of zoning regulations to permit a one-way drive with a width
of 9.91' (14' required).
6. Non-Use Variance of sign regulations to permit two detached signs (one
permitted)and permit the northerly sign setback 4' (7' required)from the right-of-
way line of Collins Avenue and setback 2' (3.5 required) from the interior side
Page 6 of 15 - Summary Minutes of the May 28, 1998, City Commission Meeting
(north)property line and to permit the southerly sign setback 5' (7' required)from
the right-of-way line of Collins Avenue.
Requests # 1 through 6 on legal described as Parcel "A"
7. District Boundary Change from BU-1 to BU-1A.
8. Special Exception to permit site plan approval for an existing commercial
development.
9. Non-Use Variance of Zoning Regulations requiring a 5' high decorative masonry
wall where a business lot abuts residentially zoned property; to waive same to
omit the wall along the west property line where it abuts residentially zoned
property.
10. Non-Use Variance of sign regulations to permit two detached signs (one
permitted)and to permit the southerly sign setback 4' (7' required)from the right-
of-way line of Collins Avenue and 172"tl Street.
Requests #7 through #10 on legal described as Parcel "B".
11. Modification of Condition#2 of Resolution 4-ZAB-15-86, passed and adopted by
the Zoning Appeals Board on the 22" day of January 1986, 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"Parking
Lot Site Plan," as prepared by Gilbert M. Fein, A.I.A., Arch.,
dated 7-31-84 and revised 10-7-85.
to: #2 That in the approval of the plan, the same be substantially in
accordance with that submitted for the hearing entitled
"Proposed Property Rezoning for Hal Investments Systems,
Inc.," as prepared by Felix Pardo & Associates, Inc. dated 6-
12-97, consisting of 3 sheets, for a total of 6 sheets.
•
Protests 0 Waivers 0
ACTION: City Clerk Brown-Morilla read,the applicant's name, hearing number, and
location, 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: Mike Peterson, Esq.; Stanley Price, Esq.; Zoning and Code
Administrator Jorge Vera; Building Official Michael Berkman; Arnold Klein; Asul
Arocho; Police Chief Richard Harrison; Judge Manuel Ramos
Mr. Peterson, Esq., representing the applicant, asked for clarification of City condition
#5 (from Jorge Vera). The applicant will submit a landscaping plan prior to the
issuance of a building permit. The was discussion regarding Building Official
Berkman's conditions #'s 6, 7, 9, and 10.
Vice Mayor Turetsky questioned the name of the business on the sign "Casino." Mr.
Price explained the business would provide video games for adults, and he proffered
four (4) covenants: 1 . Only individuals 18 years of age or older would be allowed, 2.
No live music 3. No alcohol would be served, and 4. There would be a full-time security
guard present during operational use of the facility. [Clerk's note: over 30 letters of no
objection were submitted and filed with the meeting records.] Police Chief Richard
Harrison testified regarding his knowledge gained from the Gang Task Force, and
arcades.
Page 7 of 15 - Summary Minutes of the May 28, 1998, City Commission Meeting
•
Mayor Samson asked questions regarding signs. City Manager DiPietro said the staff
recommendation is for only two (2) signs. Mayor Samson expressed concern
regarding traffic exiting the shopping center, and his strong concern regarding people
under 18 years of age coming to play.
Commissioner Morrow moved, and Commissioner Iglesias seconded a motion to
approve the item in accordance with staff recommendations. The motion was
approved as Resolution No. 98-Z-11, by a roll call vote of 4-1 in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow yes
Vice-Mayor Turetsky
Mayor Samson no
7. ORDINANCES FOR FIRST READING:
A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA AMENDING
SECTION 21-28 (k) OF THE CODE OF MIAMI-DADE COUNTY RELATING TO THE
PERMISSIBLE HOURS OF OPERATION OF POWER TOOLS, CONSTRUCTION
EQUIPMENT AND LANDSCAPING EQUIPMENT*; REPEALING CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION
INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
[City Clerk's note: a revised* Ordinance was handed-out and filed with the meeting
records.]
ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City
Manager DiPietro introduced the item.
Public Speakers: none
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 June 11,
1998.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow yes
Vice-Mayor Turetsky yes
Mayor Samson yes
B. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA REPEALING
SECTION 33-122.2 OF THE CODE OF MIAMI-DADE COUNTY, WHICH REQUIRES
PROPERTY OWNERS TO PROVIDE PARKING SPACES SPECIFICALLY
DESIGNED FOR PERSONS TRANSPORTING YOUNG CHILDREN UNDER THE
AGE OF THREE (3) AND STROLLERS, PROVIDING FOR SEVERABILITY,
REPEALER AN AND EFFECTIVE DATE.
ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City
Page 8 of 15 - Summary Minutes of the May 28, 1998, City Commission Meeting
Attorney Dannheisser introduced the item.
Public Speakers: Ada Valiente Garcia; Mary Ann Eicke
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 June 11,
1998.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow y
Vice-Mayor Turetsky yes
Mayor Samson yes
C. ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA AMENDING
CHAPTER 19, LOT JUNK, GARBAGE AND TRASH CLEARING OF THE MIAMI-
DADE COUNTY CODE TO AMEND SECTION 19-3(L)VIOLATIVE CONDITIONS;TO
AMEND SECTION 19-5 SCHEDULE AND FAILURE TO COMPLY AND SECTION 19-
7 CONDITION TO BE REMEDIED BY COUNTY; 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
Public Speakers: none
Commissioner Iglesias noted the ordinance would authorize a fine of $250.00 for
violations. 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 June 11, 1998.
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 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
Page 9 of 15 - Summary Minutes of the May 28, 1998, City Commission Meeting
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.
Public Speakers: none
Commissioner Morrow moved and Commissioner Kauffman seconded a motion to
adopt the ordinance on second reading. Ordinance No. 98-33 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
9. RESOLUTIONS:
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, ADOPTING AN EXTENSION OF THE INTERLOCAL
AGREEMENT WITH MIAMI-DADE COUNTY AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR AN
EFFECTIVE DATE.
ACTION: City Clerk Brown-Morilla read the title of the proposed resolution, and City
Attorney Dannheisser introduced the item.
Vice Mayor Turetsky moved and Commissioner Iglesias seconded a motion to adopt
the resolution. Resolution No. 98- 48 was adopted by a roll call vote of 5-0 in
favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow yes
Page 10 of 15 - Summary Minutes of the May 28, 1998, City Commission Meeting
Vice-Mayor Turetsky
Mayor Samson yes
B. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, NOTIFYING
THE BOARD OF COUNTY COMMISSIONERS OF METROPOLITAN DADE COUNTY
DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT(DERM)THAT
THE CITY WISHES EXERCISE ITS OPTION TO EXEMPT THE CITY OF SUNNY
ISLES BEACH FROM THE PROVISIONS OF 91-66 (CHAPTER 24 OF THE CODE
OF MIAMI-DADE COUNTY); PROVIDING FOR TRANSMISSION AND AN
EFFECTIVE DATE.
ACTION: City Clerk Brown-Morilla read the title of the proposed resolution, and City
Attorney Dannheisser introduced the item relating to exemption from the County's
storm water utility.
Commissioner Morrow moved and Commissioner Kauffman seconded a motion to
adopt the resolution. Resolution No. 98- 49 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
C. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA APPROVING
THE INTERLOCAL AGREEMENT FOR PERFORMANCE BY MIAMI-DADE COUNTY
DEPARTMENT OF ENVIRONMENTAL RESOURCE MANAGEMENT (DERM) OF
PROFESSIONAL SERVICES ASSOCIATED WITH THE FIVE YEAR NPDES
OPERATING PERMIT FOR THE CITY OF SUNNY ISLES BEACH; PROVIDING FOR
AN EFFECTIVE DATE.
[City Clerk's note: a revised Resolution was handed-out and filed with the meeting
records.]
ACTION: City Clerk Brown-Morilla read the title of the proposed resolution, and City
Attorney Dannheisser introduced the item.
Vice Mayor Turetsky moved and Commissioner Iglesias seconded a motion to adopt
the resolution. Resolution No. 98- 50 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
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA AUTHORIZING LIEN SEARCH FEES AND SETTING AN
Page 11 of 15 - Summary Minutes of the May 28, 1998, City Commission Meeting
EFFECTIVE DATE.
ACTION: City Clerk Brown-Morilla read the title of the proposed resolution, and City
Manager DiPietro introduced the item.
Commissioner Iglesias moved and Commissioner Kauffman seconded a motion to
amend and adopt the resolution with fees of $50.00 for a lien records search
within 24 hours, and $25.00 for others. Resolution No. 98- 51 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
E. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,AUTHORIZING
THE CITY MANAGER TO RETAIN KOBI KARP, AIA, TO PREPARE
ARCHITECTURAL DESIGN AND PLANS FOR SUNNY ISLES BEACH POLICE
DEPARTMENT; PROVIDING FOR AN EFFECTIVE DATE. 98-52
ACTION: City Clerk Brown-Morilla read the title of the proposed resolution, and City
Manager DiPietro introduced the item, noting that the fees were $7,500, and that last
year, Kobi Karp had designed the City facilities at no charge.
Vice Mayor Turetsky moved and Commissioner Iglesias seconded a motion to adopt
the resolution. Resolution No. 98- 52 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
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA APPROVING AMENDED LEASE FOR OFFICE SPACE FOR THE
CITY OS SUNNY ISLES BEACH GOVERNMENT CENTER ATTACHED AS EXHIBIT
"A"; AUTHORIZING THE MAYOR TO EXECUTE SAID LEASE; AND PROVIDING
FOR AN EFFECTIVE DATE.
ACTION: City Clerk Brown-Morilla read the title of the proposed resolution, and City
Attorney Dannheisser introduced the item.
Commissioner Morrow moved and Commissioner Kauffman seconded a motion to
adopt the resolution. Resolution No. 98- 53 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
Page 12 of 15 - Summary Minutes of the May 28, 1998, City Commission Meeting
10. MOTIONS:
A. CAPITAL IMPROVEMENT LOCAL OPTION GAS TAX DESIGNATED
EXPENDITURE FOR FY 1998-98.
ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced
the item, explaining that the City needs to list its projects to be eligible for gasoline tax
money.
Commissioner Morrow moved and Commissioner Iglesias seconded a motion to
approve the item. 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 ves
B. POLICE DEPARTMENT CONSTRUCTION - REQUEST TO DELEGATE BID
AGREEMENT AUTHORIZATION.
ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced
the item, noting that the bids are due June 5, 1998.
Commissioner Morrow moved and Commissioner Iglesias seconded a motion to
approve the item. The motion was approved by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman y
Commissioner Morrow y
Vice-Mayor Turetsky yes
Mayor Samson
C. PURCHASE OF PROLASER RADAR DEVICES.
ACTION: City Clerk Brown-Morilla read the title, and City Police Chief Harrison
introduced the item recommending the purchase of three (3) of the devices at a cost
of $3,745.00 each.
Commissioner Morrow moved and Commissioner Kauffman seconded a motion to
approve the item. 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
D. Add-on item: EXTENDING THE MEETING TIME BEYOND MIDNIGHT
ACTION: At 11:55 p.m. City Clerk Brown-Morilla requested that pursuant to Charter
Section 4.1(d) a•motion was required if the City Commission wished to continue
meeting beyond midnight.
Page 13 of 15 - Summary Minutes of the May 28, 1998, City Commission Meeting
Commissioner Iglesias moved, and Vice Mayor Turetsky seconded a motion to
extend the evening meeting beyond midnight.
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
11. DISCUSSION ITEMS:
A. ESTABLISHMENT OF JUNE 25, 1998 CITY COMMISSION MEETING.
ACTION: City Manager DiPietro requested that the City Commission schedule an
additional meeting in June.
Commissioner Iglesias moved, and Vice Mayor Turetsky seconded a motion to
approve the recommendation to schedule a Commission meeting on June 25,
1998.
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
B. Add-on item: [Clerk's Note: A memo from City Manager DiPietro was submitted at the
meeting and filed with the records, reporting the great news that the Miami-Dade
County Citizen's Advisory Board had recommended approximately a $2 million grant
for the City in support of our planned oceanfront passive park.] The Board of County
Commissioners will have the final vote.
C. Add-on item: Mayor Samson introduced Police Chief Richard Harrison, Captain Fred
Maas, and Commander Nannette Murray. He also said that our own Police officers
should be on the street starting August 1, 1998.
12. REQUESTS, PETITIONS & OTHER COMMUNICATIONS: none
13. ADJOURNMENT:
At 12:53 a.m. on Friday, May 29, 1998, the meeting was adjourned.
Page 14 of 15 - Summary Minutes of the May 28, 1998, City Commission Meeting
Respectfully submitted by: Approved by the City Commission this 111h
day of June 1998.
•
(1-A _ "
v , ,
• Richard Brown-Morilla, City Clerk David Samson, M.yor
• r
■
IN ACCORDANCE WITH THE AMERICANS WITH DISAB ILITIES ACT OF 1990,ALL PERSONS WHO ARE DISABLED
AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT
DISABILITY SHOULD CONTACT CITY HALL, 947-0606, NO LATER THAN 48 HOURS PRIOR TO SUCH
PROCEEDING.
ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT JAMES DIPIETRO, CITY
MANAGER,AT 947-0606.
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 WB1 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.
Page 15 of 15 - Summary Minutes of the May 28, 1998, City Commission Meeting