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Home My WebLink About1998-0625 Regular City Commission Meeting • SUMMARY MINUTES City of Sunny Isles Beach City Commission Meeting — Thursday, June 25, 1998 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:03 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 f 2. PLEDGE OF ALLEGIANCE: ACTION: Priscilla Walkers' children, Pharin and Phallon Walker, 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 June 11 , 1998, 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 4. AGENDA/ORDER OF BUSINESS (ADDITIONS/DELETIONS) ACTION: [Clerk's Note: The City Manager distributed a memo at the meeting regarding several revised agenda items: substitute ordinance for agenda item 7-C: Occupational License Tax, and an Add-on item 11-A] A substitute ordinance for 8-C: Ordinance Authorizing Issuance of a Utilities Tax Revenue Bond was also made a part of the record.] See also Agenda add-on items 11-A through E, and 12-A. 5. SPECIAL PRESENTATIONS: none Page 1 of 10 - Summary Minutes of the June 25, 1998, City Commission Meeting 6. ZONING Public Hearings: A. Hearing No. Z96000556(C) REQUEST OF 17070 COLLINS AVENUE SHOPPING CENTER LTD., OWNER OF PROPERTY LOCATED ON THE WEST SIDE OF NORTH BAY ROAD BETWEEN 172ND STREET AND THEORETICAL 170T" STREET AND EAST OF NORTH BAY ROAD FOR THE FOLLOWING: 1. Modification of plans approved pursuant to Resolution 4-ZAB-83-92,passed and adopted by the Zoning Appeals Board on the 26th day of February, 1992 reading as follows: From: Plans entitled "R.K. Apartments #1," as prepared by Norman M. Giller & Associates, Inc., consisting of 3 sheets, dated received 9-6-91; and survey as prepared by Zunvelle Whittaker, Inc., dated last revised 4-8-91. To: Plans entitled "Aventura Beach Marina Apartments," prepared by Kobi Karp Architect dated 11/18/97 and a survey by Fortin, Leavy, Skiles, Inc. dated 7/23/97 and landscape plan by Witkin Design Group sealed 12/13/97. 2. Modification of Condition#2 of Resolution 4-ZAB-308-92,passed and adopted by the Zoning Appeals Board on the 14th day of October, 1992 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 "R.K. Apartments North Bay Rd. Sunny Isles," as prepared by Giller & Giller, Inc., consisting of 7 sheets, dated received 6-17-1992; landscape plan as prepared by O'Leary Design Associates, dated last revised 6-5-92; and survey as prepared by Zunvelle Whittaker, Inc., dated last revised 4-8-91. To #2: That in the approval of the plan, the same be substantially in accordance with that submitted for the hearing entitled "Aventura Beach Marina Apartments,"prepared by Kobi Karp Architect dated 11/18/97 and a survey by Fortin,Leavy,Skiles, Inc.dated 7/23/97 and landscape plan by Witkin Design Group sealed 12/13/97. The purpose of this request is to allow the applicant to submit new plans for a proposed apartment development. 3. Special Exception for site plan approval to permit an apartment development. 4. Use Variance to permit a density of 75 units per acres (50 units per acre permitted). 5. Non-Use Variance of floor area ratio to permit proposed development with an F.A.R. of 2.67 (2.0 F.A.R. permitted). 6. Non-Use Variance of lot coverage requirements to permit a lot coverage of 56% (40% permitted). 7. Non-Use Variance of setback requirements to permit the proposed structure to setback varying from 24.75 ft to 28.33 ft (50 ft required) from the front (east) property line, setback varying from 55.93 ft to 64.25 ft (131.93 ft required) from the rear (west) property line, setback 59 ft from the (north) property line and Page 2 of 10 - Summary Minutes of the June 25, 1998, City Commission Meeting setback 120 ft from the (south) property line (156.08 ft required) from both property lines. 8. Non-Use Variance of Zoning Regulation to permit all accessory buildings and uses (tennis court, basketball court, shallow pool and club house) on a site without a principal building (not permitted). Ex-parte disclosure 0 Protests 0 Waivers 0 ACTION: City Clerk Brown-Morilla read the applicant's name, and location. City Attorney Dannheisser announced that the applicant's Attorney had requested a deferral until July 16, 1998, since the County had not given mailing labels in time to have adequate notice. Commissioner Morrow moved and Commissioner Kauffman seconded a motion to defer the item until the July 16, 1998, 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. [City Clerk's note: THIS ITEM WAS AN ADVERTISED PUBLIC HEARING] AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PROVIDING FOR A MORATORIUM ON THE FILING AND CONSIDERATION OF ZONING APPLICATIONS WITH CERTAIN EXCEPTIONS; PROVIDING FOR A BUILDING MORATORIUM ON THE ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS AS DEFINED BY SECTION 163.3164, FLORIDA STATUTES (1995) WITH CERTAIN EXCEPTIONS; PROVIDING FOR WAIVERS; PROVIDING A TERM; PROVIDING FOR VESTED RIGHTS; PROVIDING FOR APPEAL; PROVIDING FOR MODIFICATION TO EXEMPT DEVELOPMENT; PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; PROVIDING FOR SEVERABILITY;* PROVIDING FOR REPLACEMENT OF MORATORIUM PROVISIONS OF SECTION 33-319, ET SEQ., OF THE CODE OF MIAMI-DADE COUNTY WITH THE SPECIFIC MATTERS ADDRESSED HEREIN; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance. 'Vice Mayor Turetsky noted a typographical error in the title and requested that it be corrected. City Attorney Dannheisser introduced the item, noting that the moratorium is for six months, but may be extended if deemed necessary by the Commission. The legislation also provides a vested rights procedure. Public Speakers: none Commissioner Kauffman 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 July 16, 1998. Page 3 of 10 - Summary Minutes of the June 25, 1998, City Commission Meeting Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 7- B. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING AN OCCUPATIONAL LICENSE TAX PURSUANT TO CHAPTER 205, FLORIDA STATUTES (1995); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING AN EFFECTIVE DATE. [City Clerk's note: a revised proposed 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, explaining that the proposal is modeled after the City of Aventura's ordinance. If adopted, the ordinance should result in revenues in excess of $90,000. The ordinance had been reviewed by the Sunny Isles Beach Resort Association. Public Speakers: none Vice Mayor Turetsky moved and Commissioner Iglesias 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 July 16, 1998. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 7- C. ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PROVIDING FOR LEGAL REPRESENTATION FOR THE DEFENSE OF CITY INTERESTS IN ANY CIVIL ACTIONS FILED AGAINST ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES,APPOINTEES,OR AGENTS;GUARANTEEING PAYMENT OF LEGAL FEES AND COSTS; PROVIDING FOR RECOVERY OF LEGAL FEES AND COSTS; PROVIDING FOR REIMBURSEMENT OF LEGAL FEES AND COSTS; PROVIDING FOR MAXIMUM AUTHORIZED PAYMENT; PROVIDING FOR APPLICATION; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CITY CODE; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City Attorney Dannheisser explained that the proposed ordinance would provide for legal defense when individuals are acting within the scope of their employment, unless they are guilty of acting in bad faith, malicious purpose or willful or wanton disregard of human rights, safety and property. Commissioner Kauffman asked what would happen if legal fees exceeded $50,000. The City Attorney explained that the Page 4 of 10 - Summary Minutes of the June 25, 1998, City Commission Meeting Commission would have to approve any payment in excess of$50,000. Public Speakers: none Commissioner Kauffman moved and Vice Mayor Turetsky 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 July 16, 1998. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 7- D. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 33-36.1 OF THE CODE OF MIAMI-DADE COUNTY, ADMINISTRATIVE VARIANCE; REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City Building Official Michael Berkman explained the proposed ordinance provides authority for City staff to approve administrative variances. Vice Mayor Turetsky questioned the need for the proposal saying that he believed we already did this under Ordinance No. 98-20. City Attorney Dannheisser said he was correct, however Building Official Michael Berkman clarified that the power to grant the administrative variances went to the City Commission, and now the proposal was to switch the authority back to City staff. City Manager DiPietro noted that "administrative variances" apply only to single family homes and town-house use. Public Speakers: none Commissioner Kauffman moved and Commissioner Iglesias 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 July 16, 1998. Vote: Commissioner Iglesias ves Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 7- E. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PURSUANT TO THE REQUIREMENT OF SECTION 8.10 OF THE MUNICIPAL CHARTER, CALLING FOR A SPECIAL ELECTION TO BE HELD ON THURSDAY, OCTOBER 1, 1998, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF SUNNY ISLES BEACH A PROPOSED AMENDMENT TO THE SUNNY ISLES BEACH MUNICIPAL CHARTER CHANGING THE NAME OF THE CITY TO "AVENTURA BEACH." Page 5 of 10 - Summary Minutes of the June 25, 1998, City Commission Meeting ACTION: City Clerk Brown-Morilla read the title and explained that the Special Election is required by the Charter, and as officers of the City we have no choice but to place this on the ballot. Mayor Samson explained the history of how the requirement was put into the Charter. Commissioner Kauffman noted that different businesses have been using a variety of location names. Public Speakers: Phillip Chernoff, Carl Dearing, 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 July 16, 1998. Vote: Commissioner Iglesias y Commissioner Kauffman y 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, GOVERNING THE INSTALLATION, MAINTENANCE AND DISPLAY OF TEMPORARY POLITICAL SIGNS IN THE CITY OF SUNNY ISLES BEACH; PROVIDING FOR DEFINITIONS; PROVIDING LOCATION AND INSTALLATION SIZE AND NUMBER; TIME PERIOD; BOND REQUIREMENTS; PROVISION FOR REMOVAL OF IMPROPER SIGNS; ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEAL* APPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION INTO THE CODE AND AN EFFECTIVE DATE. [Clerk's note: *Vice Mayor Turetsky noted a typographical error in the title and requested that it be corrected.] ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City Attorney Dannheisser introduced the item which had been requested by Commissioner Kauffman. The proposal prohibits the placement of any political sign in a public right- of-way, on any vacant lot unless the Clerk has received the written permission of the property owner, and on any utility poles or traffic signs. Candidates are required to post a bond to insure removal of signs, since no political signs may remain more than seven days after an election. Public Speakers: none Vice Mayor Turetsky moved and Commissioner Iglesias seconded a motion to adopt the ordinance on second reading. Ordinance No. 98-37 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman yes Commissioner Morrow ves Vice-Mayor Turetsky ves Mayor Samson yes • Page 6 of 10 - Summary Minutes of the June 25, 1998, City Commission Meeting 8- B. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PERTAINING TO THE ELIMINATION OF HANDBILLS AND MAKING IT UNLAWFUL TO KNOWINGLY PERMIT OR EMPLOY ANY PERSON TO PLACE ANY HANDBILL ON ANY MOTOR VEHICLE IN A PUBLIC STREET, HIGHWAY, PARKING LOT OR PLACE; PROVIDING FOR DEFINITION; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR THE APPLICABILITY OF PROCEDURES OF THE CODE ENFORCEMENT ORDINANCE NO. 98-21; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER AND AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City Attorney Dannheisser introduced the item, which includes fines of $50 for the first offense, $250 for the second offense, and $500 for the third offense. Public Speakers: Emanuel Pine, Phillip Chernoff, Ada Garcia, City Building Official Michael Berkman, Mary Wynne, Roslyn Brezin • Mayor Samson asked that the City Manager send copies of the laws regarding signs to Ms. Garcia. Commissioner Kauffman moved and Commissioner Morrow seconded a motion to adopt the ordinance on second reading. Ordinance No. 98-38 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 8- C. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF A UTILITIES TAX REVENUE BOND, SERIES 1998, OF THE CITY OF SUNNY ISLES BEACH, FLORIDA IN A PRINCIPAL AMOUNT NOT TO EXCEED $4,900,000 FOR THE PURPOSES OF FINANCING ALL OR A PORTION OF THE COSTS OF ACQUISITION OF CERTAIN REAL PROPERTY AND IMPROVEMENTS THEREON LOCATED AT 17425 AND 17451 COLLINS AVENUE IN THE CITY FOR USE AS AN OCEANFRONT PARK AND OF PAYING CERTAIN COSTS RELATED THERETO; DETERMINING THE NEED FOR A NEGOTIATED SALE OF SUCH BOND TO SUNTRUST BANK, MIAMI, N.A.; PROVIDING FOR THE TERMS AND PAYMENT OF SUCH BOND AND FOR THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SUCH BOND; DESIGNATING SUCH BOND AS A "QUALIFIED TAX-EXEMPT OBLIGATION" WITHIN THE MEANING OF SECTION 265(b)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SUCH BOND; AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City Finance Director Jack Neustadt introduced the item. He noted that the amount for quarterly debt service on the bond was filled-in: $151,919.02, in the ordinance. Page 7 of 10 - Summary Minutes of the June 25, 1998, City Commission Meeting Commissioner Morrow clarified that this was not a general obligation debt. Public Speakers: none Vice Mayor Turetsky moved and Commissioner Kauffman seconded a motion to adopt the ordinance on second reading. Ordinance No. 98-39 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. RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PROTESTING MIAMI-DADE COUNTY'S BUDGET MESSAGE THAT PROPOSES TO SUBSTANTIALLY RAISE MUNICIPAL MILLAGE RATES, UNFAIRLY AND INEQUITABLY PLACING THE TAX BURDEN ON INCORPORATED AREAS OF MIAMI-DADE COUNTY TO UNDERWRITE SERVICES IN UNINCORPORATED AREAS; URGING THE BOARD OF COUNTY COMMISSIONERS TO INSTRUCT THE COUNTY ADMINISTRATION TO PROVIDE AN IMMEDIATE ACCOUNTING OF MUNICIPAL SERVICES PROVIDED BY MIAMI- DADE COUNTY, AND FURTHER DEMANDING THAT TAX REVENUES RAISED FROM INCORPORATED AREAS SHOULD NOT BE COMMINGLED WITH THE GENERAL FUNDS OF MIAMI-DADE COUNTY IN ORDER THAT THE PUBLIC BE ACCURATELY ADVISED OF MIAMI-DADE COUNTY'S USE AND SPENDING OF TAX REVENUES. ACTION: City Clerk Brown-Morilla read the title of the proposed resolution, and City Attorney Dannheisser introduced the item. Public Speakers: none Mayor Samson asked that the wording be as strong as possible. He also asked the City Attorney to set an appointment with the County Manager to present this Resolution, and to discuss our concerns. Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to adopt the resolution. Resolution No. 98-60 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. PURCHASE OF SPEED MONITORING AWARENESS RADAR(S.M.A.R.T)VEHICLE. Page 8 of 10 - Summary Minutes of the June 25, 1998, City Commission Meeting ACTION: City Clerk Brown-Morilla read the title, and City Police Chief Richard Harrison introduced the item to purchase one such vehicle at a cost of $10,440 to enhance public safety. Commissioner Morrow moved and Commissioner Kauffman seconded a motion to approve, which 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 10-B. AWARD OF BID - POLICE DEPARTMENT ALL TERRAIN VEHICLE. ACTION: City Clerk Brown-Morilla read the title,and City Police Chief Richard Harrison introduced the item to purchase a four by four vehicle, capable of operating on the beach sand. Commissioner Iglesias moved and Commissioner Kauffman seconded a motion to approve, which was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky away from table Mayor Samson yes 10-C. AWARD OF BID - POLICE DEPARTMENT COMPUTERS. ACTION: CITY Clerk Brown-Morilla read the title, and City Police Chief Richard Harrison introduced the item to purchase eleven computers for $15,138. Commissioner Morrow moved and Commissioner Kauffman seconded a motion to approve, which was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow y Vice-Mayor Turetsky away from table Mayor Samson yes 11. DISCUSSION ITEMS: A. Add-on item: C.O.P.S. UNIVERSAL HIRING GRANT Mayor David Samson announced that the City Police Department would be on the street on August 1, 1998. Mayor Samson also congratulated Police Commander Nannette Murray for successfully going after a grant that will result in Sunny Isles Beach receiving $1,109,570 in the next 3 years from the Federal government for 75% funding for seven City community policing officers. [Clerk's Note: A memo was distributed and made a part of the record.] Page 9 of 10 - Summary Minutes of the June 25, 1998, City Commission Meeting 11-B. Add-on item: Mayor Samson announced that a City newspaper was being developed and would soon begin publishing. 11-C. Add-on item: Mayor Samson announced that the City Manager is on the verge of purchasing a bus to transport the residents of the City. 11-D. Add-on item: Mayor Samson announced that on Friday, June 26, 1998, the City would close on the purchase of the first of two oceanfront parcels for park use. 11-E. Add-on item: Commissioner Iglesias announced that the City did receive approval for the State grant of$60,000 for landscaping. 12. REQUESTS, PETITIONS & OTHER COMMUNICATIONS: A. Mr. Leib Kamishev expressed concern about pedestrian safety on Atlantic Avenue which does not have public sidewalks. Mayor Samson asked the City Attorney to review the situation. 13. ADJOURNMENT: At 8:25 p.m. Commissioner Morrow moved and Commissioner Iglesias seconded a motion to adjourn the meeting, which was approved by a unanimous voice vote. Respectfully submitted by: Approved by the City Commission this 16th day of July, 1998. lac, & f� UI� / ‘4,i- Richard Brown-Morilla, City Clerk David Samson, Mayor • • cra •M !j _a P tie!' b. Page 10 of 10 - Summary Minutes of the June 25, 1998, City Commission Meeting