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