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HomeMy WebLinkAbout1998-1112 Regular City Commission Meeting SUMMARY MINUTES City of Sunny Isles Beach City Commission Meeting — Thursday, November 12, 1998 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:06 p.m. and 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 to the flag. • 3. APPROVAL OF MINUTES: A) REGULAR CITY COMMISSION MEETING - SEPTEMBER 17, 1998 B) SPECIAL CITY COMMISSION MEETING - OCTOBER 8, 1998 C) REGULAR CITY COMMISSION MEETING - OCTOBER 8, 1998 ACTION: Commissioner Kauffman moved and Commissioner Morrow seconded a motion to approve the minutes of the regular September 17, 1998 Commission Meeting,and of both the special and regular City Commission Meetings of October 8, 1998. The motion was approved by a unanimous voice vote of 5-0 in favor. 4. AGENDA/ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS) ACTION: [City Clerk's Note:A package of memos from City Manager DiPietro was submitted at the meeting: providing additional documentation for agenda items 9-C, 9-E, and 10-A, and for add-on item 9-F. During the meeting,City Attorney Lynn Dannheisser distributed a revised copy of agenda item 7-D. During discussion of agenda item 10-A, Commissioner Morrow withdrew the proposal from the agenda.] Commissioner Kauffman moved and Vice Mayor Turetsky seconded a motion to hear agenda item 9-A out of order,before agenda item 7-E. The motion was approved by a unanimous voice vote of 5-0 in favor. Vice Mayor Turetsky moved and Commissioner Iglesias seconded a motion to add-on new agenda item 9-F, as requested by Commissioner Morrow. The motion was approved by a unanimous voice vote of 5-0 in favor. Mayor Samson asked that agenda item 9-C be moved in the agenda and heard as an ordinance. Summary Minutes of the November 12, 1998, City Commission Meeting - Page 1 of 13 City Clerk Brown-Morilla suggested it become new agenda item 7-F. Vice Mayor Turetsky moved and Commissioner Kauffman seconded a motion changing item 9-C to become new agenda item 7-F, which was approved by a unanimous voice vote of 5-0 in favor. [City Clerk's Note: see each specific agenda item below for details] See also add-on agenda items 5-C, 5-D, and 11-B 5. SPECIAL PRESENTATIONS: A. INTRODUCTION OF POLICE CHAPLAIN ACTION: Police Captain Fred Maas introduced Rabbi Michael Alony as an official Chaplain to the Police Department. Rabbi Alony expressed his gratitude. B. OFFICER OF THE MONTH ACTION: Police Chief Richard Harrison introduced Detective Ray Atesiano, and announced his receipt of a Commendation, and selection as the Police Officer of the month for August- September, 1998. C. Add-On Item ACTION: Mayor Samson presented plaques of appreciation, on behalf of the Police Citizen Advisory Committee, to private citizens Henry Gavera and Louis Vega for their assistance in towing a truck out of the surf after an alleged thief had driven the escape vehicle along the beach front. D. Add-On Item ACTION: Mayor Samson presented checks and Certificates of Appreciation to Police Chief Richard Harrison Captain Fred Maas,Lt.Rick Feisthammel,Commander Nannette Murray,and Sgt. Don Reynolds for their extraordinary efforts made in the creation of our new Police Department from April to July, 1998. Commendations for outstanding performance,above and beyond the call of duty during Tropical Storm Mitch were also presented to Police Chief Richard Harrison, Captain Fred Maas, Lt. Rick Feisthammel, Commander Nannette Murray, and Sgt. Don Reynolds. 6. ZONING PUBLIC HEARINGS: A. Hearing No. Z98-16 REQUEST OF DESERT INN BEACH & TENNIS CLUB CONDO ASSOCIATION, OWNER OF THE PROPERTY LOCATED AT 17201 COLLINS AVENUE FOR THE FOLLOWING: 1. Non Use Variance of parking requirements to permit 81 parking spaces (98 spaces required). 2. Non Use Variance of parking requirements to permit a two-way driveway width of 19ft (22 ft width required). Ex-pane disclosures 0 Protests 0 Waivers 0 ACTION: City Clerk Brown-Morilla read the applicant's name, hearing number, and location. Summary Minutes of the November 12, 1998, City Commission Meeting - Page 2 of 13 *The City Clerk administered the oath to the witnesses for all of the evening's Zoning hearings. City Attorney Dannheisser read a disclaimer for all** of the evening's Zoning hearings. Public Speakers: Rosendo Fundora, President of the Board of Directors of Desert Inn Hotel; Zoning & Code Administrator Jorge Vera; Leib Kamishev; Al Cabarrocas; Luis Collazo; Building Official Michael Berkman Mr. Berkman said many years ago a County zoning approval mandated a beach access easement that ran through the middle of their parking lot. At some point a unilateral decision was made to close the easement by putting a gate in front of it for security. Recent negotiations between the City and the condominium association resulted in their suggestion of moving the easement to the south,which involves an impact on parking. City staff recommended approval of the request. City Attorney Dannheisser asked John Shepherd to publically disclose the nature of his private conversation with Mayor Samson which occurred during the public hearing. Mr. Shepherd provided a n explanation, and the subject was not related. City Attorney Dannheisser cautioned the audience not to engage the members of the City Commission in private conversation while they were hearing applications of a quasi-judicial nature. Vice Mayor Turetsky moved and Commissioner Morrow seconded a motion to approve the request. The motion was approved as Resolution No. 98-Z-25, by a roll call vote of 5-0 Vote: Commissioner Iglesias yes Commissioner Kauffman ves Commissioner Morrow yes Vice-Mayor Turetsky �es Mayor Samson ves 6. B Hearing No. Z97000480b IC] REQUEST OF MARINA BAY CLUB,INC.OWNER OF PROPERTY WEST OF NORTH BAY ROAD BETWEEN 180TH DRIVE AND 1815T DRIVE FOR THE FOLLOWING: 1. Non Use Variance of lot coverage requirements to permit a proposed building with a lot coverage of 48% (40% permitted). 2. Non Use Variance of setback requirements to permit a proposed building to setback 31 ft (48 ft to 50 ft required) from the front (east) property line, setback 46 ft (48 ft to 58.5 ft required) from the rear(west) property line and setback 43 ft (47.13 ft required) from the interior side (north) property line. 3. Non Use Variance of setback requirements to permit a porte cochere for a proposed building to setback 9 ft (25 ft required) from the front (east) property line. Ex-parte disclosures 0 Protests 0 Waivers 0 ACTION: City Clerk Brown-Morilla read the applicant's name, hearing number, and location. *The City Clerk administered the oath to the witnesses for all of the evening's Zoning hearings. City Attorney Dannheisser read a disclaimer for all** of the evening's Zoning hearings. Summary Minutes of the November 12, 1998, City Commission Meeting - Page 3 of 13 Public Speakers: Stanley Price, Esq.; Kobi Karp, AIA; Leib Kamishev; Building Official Michael Berkman; Zoning & Code Administrator Jorge Vera.; City Attorney Dannheisser Mr. Berkman's Planning recommendation was for denial of the request, while Mr. Vera's Zoning opinion was in favor of approval. Mr.Price and Mr.Berkman debated the interpretation of whether an apartment/hotel is an appropriate use on North Bay Road. Commissioner Iglesias asked the City Attorney her legal opinion on the disagreement. City Attorney Dannheisser said she concurred with Zoning staff and agreed with Mr. Price's interpretation. Vice Mayor Turetsky questioned the number of stories of the project and Mr.Karp clarified that it would be 11 levels of apartments on top of 2 levels of parking. Mayor Samson said he wanted assurances that the project would maintain a front desk, maid service, valet parking, etc. Mr. Price said the developer had submitted a ten year contract for a management company to operate the project as an apartment/hotel. He agreed to proffer that there would be a management company to operate as an apartment/hotel. Mr. Berkman said his opinion is that the non-use variances are not compatible with the neighboring uses. Commissioner Kauffman expressed concern about the traffic congestion traveling on North Bay Road, and also at the intersection with Collins Avenue next to Publix. Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve the request. The motion was approved as Resolution No. 98-Z-26, by a roll call vote of 3-2 Vote: Commissioner Iglesias ves Commissioner Kauffman no Commissioner Morrow Les Vice-Mayor Turetsky y Mayor Samson no 6. C. Hearing No. Z970001261c] REQUEST OF CASTELITA INVESTMENT CORP./M & N PROPERTIES L.L.C.ID.P. CARAVAN L.L.0 , OWNER OF PROPERTY LOCATED AT 19101-191111-19115 COLLINS AVENUE FOR THE FOLLOWING: 1. Special Exception for site plan approval to permit an apartment hotel. 2. Non Use Variance of lot coverage requirements to permit proposed development with a lot coverage of 49% (40% permitted). 3. Non Use Variance of floor area ratio (F.A.R.) requirements to permit a floor area ratio of 2.98 for the proposed development (2.0 F.A.R. permitted). 4. Non Use Variance of setback requirement to permit proposed building to setback 140 ft (185.6 ft required) from the rear(east) property line. 5. Non Use Variance of setback requirement to permit proposed building to setback 25 ft (215 ft required) from the interior side(south)property line and setback 87.67 ft (148 ft required) from the interior side (north) property line. 6. Non Use Variance of height requirements to permit proposed building with a height varying from (29 floors) 291 ft to (42 floors 422 ft (71.28 ft to 370 ft permitted height). Summary Minutes of the November 12, 1998, City Commission Meeting - Page 4 of 13 Ex-parte disclosures 0 Protests 0 Waivers 0 ACTION: City Clerk Brown-Morilla read the applicant's name, hearing number, and location. *The City Clerk administered the oath to the witnesses for all of the evening's Zoning hearings. City Attorney Dannheisser read a disclaimer for all** of the evening's Zoning hearings. Peter Weiner requested a deferral of this item . [City Clerk's Note: No Public Hearing was held, however Kobi Karp, AIA showed a "sketch diagram" with some buildings drawn to scale] Commissioner Morrow moved and Commissioner Kauffman seconded a motion to defer the hearing on this application until December 17, 1998 at 7:00 p.m. The motion was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman Morrow ves Vice-Mayor Turetsky ves Mayor Samson yes 7. ORDINANCES FOR FIRST READING: A AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PROVIDING FOR THE REQUIREMENT FOR A CERTIFICATE OF RE-OCCUPANCY FOR SINGLE FAMILY,DUPLEX AND TRIPLEX PERMITS UPON SALE OR TRANSFER; PROVIDING FOR AN INSPECTION FEE OF S90 (INCLUDING REINSPECTION FEE); PROVIDING FOR THE REQUIREMENT OF A CERTIFICATE OF RE-OCCUPANCY UPON THE SALE AND TRANSFER OF AN APARTMENT COMPLEX CONSISTING OF FOUR OR MORE UNITS; PROVIDING FOR AN INSPECTION FEE OF S150 PLUS S7.50 PER EACH UNIT OVER FOUR (INCLUDING REINSPECTION); PROVIDING FOR A LIMITATION INFORMATION GAINED; PROVIDING FOR HEALTH AND SAFETY CRITERIA CHECKLIST ATTACHED AS EXHIBIT "A" AND RE-OCCUPANCY CERTIFICATE FORMAT ATTACHED AS EXHIBIT "B"; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, 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 December 17, 1998, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Kauffman ves Commissioner Morrow yes Vice-Mayor Turetsky ves Mayor Samson yes [City Clerk's Note:After the meeting,the proposed ordinance was administratively withdrawn.] Summary Minutes of the November 12, 1998, City Commission Meeting - Page 5 of 13 7. B AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 33, ZONING ARTICLE VI, *SIGNS,* WITH RESPECT TO FURTHER PROHIBITED SIGNS AND ENFORCEMENT REGULATIONS AMENDING SECTION 33-95 TO INCLUDE THE ISSUANCE OF CITATIONS BY THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; PROVIDNG FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced the proposal. Public Speakers: none 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 December 17, 1998, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson ves 7. C AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 33-13 TO DELETE ANY REFERENCE TO OUTDOOR PATIO AND TABLE SERVICE IN CONNECTION WITH RESTAURANT AND PROVIDING INSTEAD AN AMENDMENT TO THE CODE OF ORDINANCES OF THE CITY TO PROVIDE FOR A NEW SECTION ENTITLED OPEN-AIR CAFE; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS OF THE MIAMI-DADE COUNTY CODE;PROVIDING FOR SEVERABILITY, INCLUSION N THE CODE AND AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Attorney Dannheisser introduced the proposed ordinance. 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 December 17, 1998, at 7:00 p.m. Vote: Commissioner Iglesias ves Commissioner Kauffman ves Commissioner Morrow yes Vice-Mayor Turetsky ves Mayor Samson ves Summary Minutes of the November 12, 1998, City Commission Meeting - Page 6 of 13 7. D AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NO-98-21 ESTABLISHING A CODE ENFORCEMENT PROCEDURE; PROVIDING DEFINITIONS;PROVIDING FOR CIVIL NFRACTIONS AND PENALTIES; QUALIFICATIONS,APPOINTMENT,REMOVAL AND COMPENSATION OF SPECIAL MASTERS;SETTING FORTH THE POWERS OF SPECIAL MASTERS;AUTHORITY TO INITIATE ENFORCEMENT AND SETTLE CASES; PROVIDING FOR ENFORCEMENT PROCEDURES NCLUDING THE CONTENTS AND METHOD OF SERVICE OF CIVIL VIOLATION NOTICES; PROVIDING FOR CIVIL PENALTIES AND RELATED TERMS CONSTRUED; PROVIDING FOR RIGHT OF VIOLATORS;PAYMENT OF FINE;RIGHT TO APPEAL; FAILURE TO PAY AND CORRECT OR TO APPEAL; WILFUL REFUSAL TO ACCEPT CIVIL VIOLATION NOTICE; SCHEDULING AND CONDUCT OF HEARING; PROVIDING REMEDIES TO RECOVER UNPAID CIVIL PENALTIES; UNPAID PENALTIES TO CONSTITUTE A LIEN AND PROVIDING FOR FORECLOSURE; PROVIDING FOR APPEALS OF ORDERS OF SPECIAL MASTERS; PROVIDING FOR ADDITIONAL ENFORCEMENT POWERS; ESTABLISHNG A SCHEDULE OF CIVIL PENALTIES;PROVIDNG FOR REHEARING;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, NCLUSION IN THE CODE AND AN EFFECTIVE DATE. ACTION: [City Clerk's Note: During the meeting City Attorney Lynn Dannheisser distributed a revised copy of agenda item 7-D.] City Clerk Brown-Morilla read the title,and City Attorney Dannheisser introduced the proposal. Public Speakers: Judge Manuel Ramos, City Special Master Vice Mayor Turetsky objected to being given a revised hand-out during the meeting without an opportunity to read it. City Attorney Dannheisser explained that a paragraph had been accidentally omitted from the agenda copy, and she then read the paragraph aloud. Commissioner Iglesias objected to Section 5(B), which would authorize the Building Official to settle cases. Judge Manuel Ramos offered to serve as the City's Special Master for two years at no expense, if the City Commission would leave the Code Enforcement ordinance alone. City Attorney Dannheisser noted that Judge Ramos had asked for several amendments. 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 3-2 in favor. Second reading, public hearing will be December 17, 1998, at 7:00 p.m. Vote: Commissioner Iglesias Kauffman yes Commissioner Morrow no Vice-Mayor Turetsky no Mayor Samson yes [City Clerk's Note: At the end of the meeting, Commissioner Iglesias suggested that City staff look at alternatives to handling the mass violations that had been mentioned. He said that if additional staff was needed,they should be hired. He expressed displeasure with having a Code Enforcement Officer settling cases.] Summary Minutes of the November 12, 1998, City Commission Meeting - Page 7 of 13 [City Clerk's Note: Prior to considering Agenda item 7-E, Agenda item 9-A, was adopted as Resolution No. 98-94, Establishing a Procedure to Assist Citizens in Bringing Existing Structures and Uses Which Have Heretofore Not Received Permits or Certificates of Occupancy into Compliance with Both Chapter 33 of the Code of Miami-Dade County as Adopted by Charter by the City of Sunny Isles Beach And/or the South Florida Building Code during an Amnesty Period] 7. E AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA AMENDING SECTION 2 OF ORDINANCE NO.98-40 WHICH PROVIDES FOR A MORATORIUM ON THE FILING AND CONSIDERATION OF ZONING APPLICATIONS AND A MORATORIUM ON THE ISSUANCE OF DEVELOPMENT PERMITS TO PROVIDE AN ADDITIONAL WAIVER (OR EXCEPTION) FROM SAID ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Attorney Dannheisser introduced the proposal. 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 December 17, 1998, at 7:00 p.m. Vote: Commissioner Iglesias ves Commissioner Kauffman ves Commissioner Morrow ves Vice-Mayor Turetsky y Mayor Samson 7. F. [City Clerk's note: this item was originally listed in the agenda as item 9-C, a resolution, however at the beginning of the meeting the item was renumbered as a first reading ordinance.] 9. C AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,FLORIDA, AUTHORIZING A LOAN IN A PRINCIPAL AMOUNT NOT TO EXCEED S75,000 FROM EAGLE NATIONAL BANK, MIAMI, N.A. FOR THE PURPOSES OF FINANCING THE COSTS OF ACQUISITION OF COMPUTERS FOR POLICE VEHICLES, AND OF PAYING CERTAIN COSTS RELATED THERETO; PROVIDING FOR THE TERMS AND PAYMENT OF SUCH LOAN, DESIGNATING SUCH LOAN AS A "QUALIFIED TAX- EXEMPT OBLIGATION' WITHN THE MEANING OF SECTION 265(b)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AUTHORIZING THE PROPER OFFICER OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE LOAN; AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Finance Director Jack Neustadt introduced the proposal. He noted that there might be a slight change in the interest rates by the time of second reading on the ordinance on December 17. Commissioner Iglesias 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 Summary Minutes of the November 12, 1998, City Commission Meeting - Page 8 of 13 in favor. Second reading, public hearing will be December 17, 1998, at 7:00 p.m. Vote: Commissioner Iglesias ves Commissioner Kauffman ves Commissioner Morrow ves Vice-Mayor Turetsky ves Mayor Samson yes [City Clerk's Note:After the meeting,the proposed ordinance was administratively withdrawn.] 8. ORDINANCES FOR SECOND READING (PUBLIC HEARINGS) A AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 33-304(B) OF THE MIAMI-DADE COUNTY CODE AS ADOPTED BY THE CITY OF SUNNY ISLES BEACH, TO DELETE THE REQUIREMENT THAT ALL ZONING APPLICATIONS MAY ONLY BE FILED AND ACCEPTED THE FIRST SEVEN (7) DAYS OF EACH MONTH AND AMEND SECTION TO PERMIT ZONING APPLICATIONS TO BE FILED ANY DAY OF THE MONTH EXCLUDING LEGAL HOLIDAYS, SATURDAYS AND SUNDAYS PROVIDED THAT APPLICATIONS MUST BE SUBMITTED PRIOR TO EIGHT (8) WEEKS PRIOR TO THE SCHEDULED HEARING; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and Zoning & Code Administrator Jorge Vera introduced the item designed to streamline the process. Public Speakers: none Vice Mayor Turetsky moved and Commissioner Morrow seconded a motion to adopt the ordinance on second reading. Ordinance No. 98-54 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 yes Mayor Samson yes 9. RESOLUTIONS: A A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ESTABLISHING A PROCEDURE TO ASSIST CITIZENS IN BRINGING EXISTING STRUCTURES AND USES WHICH HAVE HERETOFORE NOT RECEIVED PERMITS OR CERTIFICATES OF OCCUPANCY INTO COMPLIANCE WITH BOTH CHAPTER 33 OF THE CODE OF MIAMI-DADE COUNTY AS ADOPTED BY CHARTER BY THE CITY OF SUNNY ISLES BEACH AND/OR THE SOUTH FLORIDA BUILDING CODE DURING AN AMNESTY PERIOD;PROVIDING FOR THE REDUCTION OF COSTS OF ANY APPLICATIONS FOR A ZONING HEARING WHICH WILL BE REDUCED DURING THE AMNESTY PERIOD BY 50% OF THE Summary Minutes of the November 12, 1995, City Commission Meeting - Page 9 of 13 NORMAL COST OF ZONING HEARINGS;PROVIDING THE APPLICANT SHALL BEAR THE COST FOR ADVERTISNG;PROVIDING THE COST OF THE BUILDING PERMITS PLUS $100 IN ACCORDANCE WITH SECTION 305.1 OF THE SOUTH FLORIDA BUILDING CODE SHALL BE BORNE BY THE APPLICANT;PROVIDING FOR A TIME LIMITATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced the item . Public Speakers: none Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 98-94 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias y Commissioner Kauffman yes Commissioner Morrow y Vice-Mayor Turetsky ves Mayor Samson ves [Item 9B was a Public Hearing[ 9. B A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, GRANTING A REQUEST FOR WAIVER TO ORDINANCE NO. 98-40, IMPOSING A MORATORIUM ON THE FILING AND CONSIDERATION OF ZONING APPLICATIONS AMONG OTHER THINGS, PURSUANT TO SECTION 2 OF SAID ORDINANCE TO AUTHORIZE CONSIDERATION OF A ZONING APPLICATION RELATING TO AN OUT-PARCEL ON BEHALF OF R.K.ASSOCIATES IN THE 180TH STREET SHOPPING CENTER, NOT TO EXCEED 3500 SQUARE FEET N ACCORDANCE WITH STAFF RECOMMENDATIONS; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and Building Official Michael Berkman recommended approval of the waiver. Public Speakers: none Commissioner Kauffman moved and Commissioner Morrow seconded a motion to approve the resolution. Resolution No. 98-95 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman y Commissioner Morrow Les Vice-Mayor Turetsky ves Mayor Samson Les Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve the substance of the request. Resolution No. 98-Z-27 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias }es Commissioner Kauffman y Commissioner Morrow yes Summary Minutes of the November 12, 1998, City Commission Meeting - Page 10 of 13 Vice-Mayor Turetsky y Mayor Samson ves [City Clerk's Note: See Agenda item 7-E above] 9. C A RESOLUTION OF TIIE CITY OF SUNNY ISLES BEACH,FLORIDA, AUTHORIZING .• : .` ,'•• • . • NATIONAL BANK,MIAMI,N.A.FOR TI IL PURPOSES OF FINANCING TILE COSTS OF ACQUISITION OF COMPUTERS FOR POLICE VEHICLES,AND OF PAYING CERTAIN COSTS RELATED TIIERETO, PROVIDING FOR THE TERMS AND PAYMENT OF SUCII LOAN, DESIGNATING SUCH LOAN AS A "QUALIFIED TAX-EXEMPT OBLIGATION' WITHIN TILE MEANING OF SECTION 2 5(6)(3) OF TILE INTERNAL REVENUE CODE OF 1986,AS AMENDED,AUTHORIZING TI IE PROPER OFFICER OF TIIE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITII TIIE LOAN, AND PROVIDING FOR AN EFFECTIVE DATE. 9. D A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE APPLICATION FOR GRANT FROM THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATING THERETO;PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title. Public Speakers: none Vice Mayor Turetsky moved and Commissioner Kauffman seconded a motion to approve the resolution. Resolution No. 98-96 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 9. E A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,DECLARING IRVING TURETSKYAS VICE MAYOR FOR A PERIOD OF ONE YEAR; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro expressed his view of how the Vice Mayor position could rotate among all Commissioners, and that it would get easier after 1999. Commissioner Kauffman and Mayor Samson said they were in favor of rotating the position. Public Speakers: none Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve Irving Turetsky to continue as Vice Mayor for a second year. Resolution No. 98-97 was adopted by a roll call vote of 5-0 in favor. Commissioner Morrow said that after 1999 the Summary Minutes of the November 12, 1998, City Commission Meeting - Page 11 of 13 City Manager's suggestion sounded interesting. Vote: Commissioner Iglesias ves Commissioner Kauffman ves Commissioner Morrow ves Vice-Mayor Turetsky yes Mayor Samson ves Mayor Samson noted that he spends many hours at work daily in City Hall, and he cautioned that no one else was taking the effort to learn about the daily affairs of running the City. 9. F [City Clerk's Note: Add-On Agenda Item, see Agenda Item 4 above, adding this item] A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH CREATING A FASHION,FILM,ENTERTAINMENT AND PRODUCTION COUNCIL; PROVIDING FOR ITS POWERS AND DUTIES TO BE SPECIFICALLY ADVISORY; RENDERING THE COUNCIL SUBJECT TO THE SUNSHINE LAWS; PROVIDING FOR APPOINTMENTS TO BE MADE IN WRITING EFFECTIVE IMMEDIATELY UPON SUBMISSION TO THE CITY CLERK BY HIS/HER ACCEPTANCE AND FILING OF A FINANCIAL DISCLOSURE FORM 1; AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and Commissioner Morrow explained that her proposal was designed to promote a positive environment for economic development of the fashion, film,radio, television,recording and production industries to work within Sunny Isles Beach. Public Speakers: Deeny Kaplan; Ken Lorber Mayor Samson said he thought it was a great idea, however he expressed a concern about avoiding expenses.Ms.Kaplan,who had headed the Metro-Dade County Film&Entertainment Office for several years,complemented the City on the proposal. She also encouraged the City to train its staff and the hotel and restaurant personnel on ways to be industry friendly. She suggested that while the City would issue permits, we should not charge a fee. Commissioner Iglesias moved and Vice Mayor Turetsky seconded a motion to approve the resolution. Resolution No. 98-98 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman ves Commissioner Morrow Les Vice-Mayor Turetsky ves Mayor Samson ves 10. MOTIONS: A PROPOSAL REGARDING"COMMUNITY AFFAIRS"NEEDS ASSESSMENT SURVEY AND PUBLIC SERVICE HEARINGS. ACTION: City Clerk Brown-Morilla read the title, and Commissioner Morrow introduced her proposal. Mayor Samson said he thought the idea was great,but there was no money for it,and too many other things were not yet in place, (e.g. a city newspaper, permanent City Hall with community center space). Commissioner Morrow withdrew the proposal. Summary Minutes of the November 12, 1998, City Commission Meeting - Page 12 of 13 10. B PURCHASE OF POLICE DEPARTMENT TELEPHONE LINE RECORDING SYSTEM. ACTION: City Clerk Brown-Morilla read the title, and Police Commander Nannette Murray introduced the proposal which has a total cost of S18,617.40. Commissioner Kauffman said she thought we already had caller identification on our phone system. Commander Murray explained that currently the caller's number appears briefly while the call is ringing in, but the proposed system would retain the number in memory as well as to replay the conversation. Commissioner Iglesias moved and Commissioner Morrow seconded a motion to approve the agreement. The motion was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman y Commissioner Mon-ow ves Vice-Mayor Turetsky y Mayor Samson yes 11. DISCUSSION ITEMS: A SCHEDULING OF CITY COMMISSION (AND PLANNING ADVISORY COMMITTEE) WORKSHOP TO DISCUSS THE FLOOR AREA RATIO,HEIGHT AND DENSITY STUDY - NOVEMBER 17, 1998, 7:00 P.M. ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced the suggestion to schedule a joint workshop. Commissioner Kauffman moved and Commissioner Morrow seconded a motion to schedule the workshop. The motion was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias Kauffinan yes Commissioner Morrow y Vice-Mayor Turetsky yes Mayor Samson ves 11. B Mayor Samson announced that the first issue of a new newspaper called the Sunny Isles Beach Sun should be published shortly after January 1s` . 12. REQUESTS, PETITIONS & OTHER COMMUNICATIONS: None 13. ADJOURNMENT: Commissioner Morrow moved and Commissioner Iglesias seconded a motion to adjourn the meeting which was approved by a unanimous voice vote at 10:46 p.m. Respectfully submitted by: Approved by the City Commission this 17th day ofDecem. r, 1998. aa/iSr- Richard Brown-Monlia, City Clerk David Samson, ayor Summary Minutes of the November 12. 1998, City Commission Meeting - Page 13 of 13