HomeMy WebLinkAbout1997-1211 Regular City Commission MeetingCITY OF SUNNY ISLES BEACH
® City Hall, 17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida
SUMMARY MINUTES
CITY COMMISSION MEETING — Thursday, December 11, 1997
I. CALL TO ORDER AND ROLL CALL: The meeting was called to order by Mayor Samson at 7:04
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 Dannheisser
City Clerk Richard Brown- Morilla
® 11. PLEDGE OF ALLEGIANCE:
ACTION: Commissioner Lila Kauffman led the Pledge of Allegiance.
III. APPROVAL OF MINUTES of the November 20, 1997 meeting:
ACTION: Commissioner Kauffman requested that the minutes be amended to reflect that she had
made a motion [to defer `the nightclub item': Agenda item D{ (1); Collins Restaurant Group, Inc.
d/b /a Black Angus Steakhouse; Hearing k97 -389, Location: 18290 Collins Avenue, Sunny Isle
Beach] Commissioner Kauffman moved and Commissioner Morrow seconded a motion to have the
City Clerk review the tapes of the November 20, 1997, City Commission meeting to determine if
there had been a motion to defer the item. The motion was approved by a vote of 5-0 in favor: City
Clerk to review the tapes from the meeting of November 20, 1997, and if appropriate to correct the
minutes of the meeting.
W. AGEND:UORDER OF BUSINESS ( additions/deletions/withdrawals) Reflected in these minutes.
A. Add-on item: City Attorney Dannheisser requested an amendment to the agenda to add a
resolution relating to signature authority to draw on the funds of deposit of Sunny Isles Beach, so
as to include the City Manager and Finance Director.
ACTION. Commission Morrow moved and Commissioner Kauffman seconded the addition of the
item to the agenda, which was approved by a voice vote of 5 -0 in favor. [Clerk's Note: see Agenda
Item VIII (1)]
® V. SPECIAL PRESENTATIONS: none
page 1 of 11 - Minutes of the December 11, 1997, City Commission meeting
® VI. ZONING:
1. B.C. L. C., INC. (Contract purchaser - Michael Deezer) Colonial Inn;
Hearing #97 -122
LOCATION: 18101 Collins Avenue, Sunny Isles Beach
REQUEST: (1) Use variance to permit an apartment/hotel with a density of 84.79 units per
acre (75 units/acre permitted).
(2) Non -use variance of floor area ratio requirements to permit a proposed
apartment/hotel with a floor area ratio of 2.99 (2.0 permitted).
(3) Non -use variance of setback requirements to permit a proposed building to
setback 89.08' (226.22' required) from the interior side (north) property line and
setback 25' (226.22' required) from the interior side (south) property line.
(4) Non -use variance setback requirements to permit a proposed building to
setback 0' (161.6' required) from the rear (east) property line.
(5) Non -use variance of setback requirements to permit proposed tennis court to
setback 30' (75' required) from the front (west) property line.
(6) Non -use variance of zoning regulations requiring no accessory use be placed
® in front of the principal building; to waive same to permit a tennis court and
miniature golf course in front of the principal building.
t
(7) Non -use variance of zoning regulations requiring lots abutting the bay or
ocean to provide a visual passageway area to waive same to permit 25' wide
visual passageway (100' wide required) in lieu thereof.
(8) Non -use variance of height requirements to permit 444' high building
(102.47' building height permitted).
(9) Non -use variance of parking requirement to permit 254 parking spaces (763
required).
(10) Non -use variance of zoning regulations to permit tandem parking (none
permitted).
ACTION. The City Clerk read the title, and a Court Reporter administered the oath to any
witnesses. The City Attorney announced that all zoning items on the agenda had been legally
advertised in the newspaper, notices had been mailed, and the properties had been posted,
additional copies of the agenda were available at the meeting, the record of the hearing on each
application will include records of the Department of Planning, Development and Regulation,
and that such items were physically present and available for inspection. Cliff Schulman, Esq.,
® of Greenberg and Traurig , requested the opportunity to continue discussions with City staff
regarding potential changes to the design plans. He requested a continuance of the item until
page 2 of I I - Minutes of the December 11, 1997, City Commission meeting
January 22, 1998. Commissioner Kauffman moved, and Commission Morrow seconded a
motion to defer the item until January 22, 1998, which was approved by a roll call vote of
5-0 in favor.
Vote: Commissioner Kauffman yu
Commissioner Iglesias yeS
Commissioner Morrow X
Vice -Mayor Turetsky YM
Mayor Samson ygg
VI. ZONING:
2. CASTELITA INV. CORP. Melvin Rubel, Samuel Rubel, Melvin Sommer (contract purchaser
Michael Deezer) Chateau Motel/Blue Mist Hotel
Hearing #97 -126
LOCATION: 19111 and 19115 Collins Avenue, Sunny Isles Beach
REQUEST: (1) Use variance to permit a proposed apartmentihotel with a density of 83.82
units per acre (75 units per acre permitted).
(2) Non -use variance of floor area ratio requirements to permit a proposed
building with a floor area ratio of 2.99 (2.0 permitted).
(3) Non -use variance of setback requirements to permit a proposed building to
® setback 82' from the interior side (north) property line and setback 25' from the
interior side (south) property line (211.45' required).
(4) Non -use variance of setback requirements to permit proposed building to
setback 0' (152' required) from the rear (east) property line.
(5) Non -use variance of lot coverage requirements to permit the proposed
building with a lot coverage of 52% (40% permitted).
(6) Non -use variance of building height requirements to permit the proposed
building with a height of 415' (94.33' permitted).
(7) Non -use variance of parking requirements to permit 451 parking spaces (677
spaces required).
(8) Non -use variance of zoning regulations to permit tandem parking (none
permitted).
A plan is on file and may be examined in the Zoning Department entitled "Aventura Beach
Chateau Resort Apartment/Hotel," as prepared by Kobie Karp, consisting of 10 sheets, dated
4/23/97 on sheets A2, A2A, A3, A3A, dated 7/10/97 on sheets Al, A4, A5, A6, A8, dated 7/11/97
® on sheet A7, and plans entitled "Chateau Resort Apartment/Hotel," as prepared by Witkin Design
Group, dated 2/12/97. Plans may be modified at public hearing.
page 3 of 11 - Minutes of the December 11, 1997, City Commission meeting
® ACTION. The City Clerk read the title, and the City Attorney repeated the disclaimer [see
Agenda item VI (1)] for this and the next zoning item regarding legal advertising and availability
of the record. A Court Reporter administered the oath to any witnesses for this and the next
zoning item. Peter Weiner, Esq., requested a deferral of the item until February 26, 1998.
Commissioner Iglesias moved, and Commission Kauffman seconded a motion to defer the item
until February 26, 1998, which was approved by a roll call vote of 5-0 in favor.
Vote: Commissioner Morrow ygg
Commissioner Kauffman y
Commissioner Iglesias y
Vice -Mayor Turetsky y
Mayor Samson y
VI. ZONING:
DEEZER PROPERTIES LLC and DEEZER HOTEL MANAGEMENT, LTD. Thunderbird West
Hearing #96 -567
LOCATION: 18445 Collins Avenue, Sunny Isles Beach
REQUEST: (1) Modification of plans approved pursuant to Resolution 4- ZAB- 163 -91, passed
and adopted by the Metropolitan Dade County Zoning Appeals Board on June 26,
1991, reading as follows:
® FROM: "That in the approval of the plan the same be substantially in
accordance with that submitted for hearing entitled "Site Plan"
consisting of nipe sheets as prepared by the Sieger Architectural
Partnership; Sheet A -1 dated 3- 25 -91; Sheet L -1 dated 2 -5 -91 and
Sheets A -2 through A-6, L -2 and L -3 dated 1- 31 -91"
ti
040 • • ., • •• •E ,.
-• .•-• -• • • :•• • • • I to, .r.• •-
(2) Unusual use to permit outdoor dining in conjunction with a proposed
restaurant.
(3) Non -use variance of lot coverage requirements to permit a proposed
apartmentihotel with a lot coverage of 54% (40% permitted).
(4) Non -use variance of zoning regulations requiring a 50.29' wide visual passage
area; to waive same to permit a 31' wide visual passage area.
® (5) Non -use variance of parking regulations to permit tandem parking (none
permitted).
page 4 of 11 - Minutes of the December 11, 1997, City Commission meeting
® (6) Non -use variance of zoning regulations requiring all interior subdivision
streets to be 50' wide to waive same to permit 0' dedication for a portion of the
south side of N.E. 185 Street.
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11
(7)) Non -use variance parking requirements to permit 250 parking spaces (512
spaces required, 216 previously approved).
(8) Non -use variance of setback requirements to permit a proposed building with
a pedestrian bridge to setback 0' (20' required).
ACTION: The City Clerk read the title, and the City Attorney repeated the disclaimer [see
Agenda items VI (1) and (2)]. Peter Weiner, Esq., requested a deferral of the application until
January 22, 1998, in order for City staff to review the design plans. He displayed two different
sets of designs for review by the City Commission.
Commissioner Kauffman moved, and Commission Morrow seconded a motion to defer the item
until January 22, 1998, which was approved by a roll call vote of 5-0 in favor.
Vote: Commissioner Morrow
y
Commissioner Kauffman
yra
Commissioner Iglesias
y�S
Vice -Mayor Turetsky
ygg
Mayor Samson
y=
VII. ORDINANCES:
A. FIRST READINGS:
I. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, ADOPTING THE OFFICIAL SEAL OF THE CITY; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. (First
Reading) 0- 97 -12, (deferred from November 20, 1997)
ACTION. The City Clerk read the ordinance by title, and the five finalist designs were
displayed. Mayor Samson requested that citizens submit suggestions for a City slogan.
Commissioner Kauffman moved, and Commissioner Iglesias seconded a motion to adopt
"Exhibit A" as the City Seal, and to approve the ordinance, which was approved, by a roll
call vote of 5 -0 in favor. The second reading, public hearing will be on January 8, 1998.
Vote: Commissioner Morrow
y
Commissioner Kauffman
yca
Commissioner Iglesias
yes
Vice -Mayor Turetsky
y
Mayor Samson
page 5 of 1 I - Minutes of the December 11, 1997, City Commission meeting
® 2. 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 FOR AN EFFECTIVE DATE. (First Reading) 0 -97 -15
ACTION. The City Clerk read the ordinance by title. Commissioner Morrow moved, and
Commissioner Iglesias seconded a motion to adopt the ordinance on first reading, which was
approved, by a roll call vote of 5-0 in favor. The second reading, public hearing will be on
January 8, 1998.
Vote: Commissioner Morrow Y
Commissioner Kauffman Y
Commissioner Iglesias Y
Vice -Mayor Turetsky y
Mayor Samson ygg
Later in the meeting, Vice -Mayor Turetsky requested an amendment to page 10, section 19(A)
regarding the process of revoking an occupational license, but the City Attorney expressed
concerns regarding due process. Commissioner Kauffman also suggested there were other
categories of fees that could be collected from businesses such as water sports, marinas, boat
rentals, pool bars, and other marine uses, that should be added to the occupational license fee
schedule.
® 3. AN ORDINANCE RELATING TO THE RULES OF PROCEDURE OF THE CITY
COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REPEALING
SECTION 2 -1 OF ARTICLE 1, CHAPTER 2 OF THE CODE OF METROPOLITAN DADE
COUNTY, FLORIDA, IN ITS ENTIRETY, RESOLUTION 97 -2 OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, ADOPTING ROBERT'S RULES OF ORDER; ENACTING THE
NEW RULES OF PROCEDURE OF THE CITY COMMISSION; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. (First
Reading) 0 -97 -16
ACTION.- The City Clerk read the ordinance by title. Commissioner Kauffman moved and
Commissioner Morrow seconded a motion to defer the item until the Public Workshop on
January 6, 1998, when there would be an opportunity to review the ordinance in detail. The
motion was approved by a roll call vote of 5 -0 in favor.
Vote: Commissioner Morrow Y-
Commissioner Kauffman ycl
Commissioner Iglesias yes
Vice -Mayor Turetsky Xt s
Mayor Samson Yes
C
page 6 of 11 - Minutes of the December 11, 1997, City Commission meeting
VII. ORDINANCES:
B. SECOND READINGS: "PUBLIC HEARINGS" (All deferred until January 8, 1997)
I. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, GRANTING TO BELL SOUTH TELECOMMUNICATIONS, INC., A
NON - EXCLUSIVE PERMISSION IN THE CITY OF SUNNY ISLES BEACH;
AUTHORIZING BELLSOUTH TELECOMMUNICATIONS, INC., TO USE THE PUBLIC
RIGHTS -OF -WAY AND STREETS IF THE CITY, FOR THE PURPOSE OF ERECTING,
CONSTRUCTING, MAINTAINING AND OPERATING LINES OF TELEPHONE
EQUIPMENT THEREON AND THEREUNDER; PROVIDING FOR A PERMISSION FEE;
PROVIDING THE TERMS AND CONDITIONS OF SUCH GRANT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR
AN EFFECTIVE DATE. ( Second Reading) 0-97 -11.
ACTION. The City Clerk reported that none of the three scheduled public hearings on second
reading of ordinances had been advertised, and so a vote would have to be deferred until the
January 8, 1998, City Commission meeting.
2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, DESIGNATING THE CITY COMMISSION AS THE LOCAL
PLANNING AGENCY FOR THE CITY, PROVIDING FOR TRANSMITTAL; PROVIDING
® FOR SEVERABILITY; INCLUSION IN THE CODE AND AN EFFECTIVE DATE. ( Second
Reading) 0- 97 -13.
ACTION. Item deferred until the January 8,1998, City Commission meeting. [see Agenda
item VII(B)I]
3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, PROVIDING FOR AND IMPOSING A SIX (6) MONTH
MORATORIUM ON THE ISSUANCE OF PERMITS FOR WIRELESS TRANSMISSION
AND TOWER FACILITIES WITHIN THE MUNICIPAL LIMITS OF THE CITY;
PROVIDING FINDINGS OF FACT; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND
PROVIDING FOR AN EFFECTIVE DATE. ( Second Reading) 0- 97 -14.
ACTION. The City Clerk read the ordinance by title.
Public Speakers: Cliff Hertz, Esq., Skip Connor
Cliff Hertz, of Broad & Cassell, representing Omnipoint Communications, a wireless telephone
company, requested the Commission to grant an exception to the proposed moratorium in order
to place panel antennas on the roof of the Florida Ocean Club.
Commissioner Kauffman moved, and Commissioner Morrow seconded a motion to authorize
the City Manager to administratively approve any applications that may be filed prior to
passage of this ordinance, provided that any antennas would make no visual impact from the
street. Vice -Mayor Turetsky suggested the motion should include the specific name of the
is petitioners, however City Attorney Dannheisser suggested it would be preferable to keep the
motion general. The motion was approved by a roll call vote of 4 -1 in favor.
page 7 of 1 l - Minutes of the December 11, 1997, City Commission meeting
® VIII. RESOLUTIONS:
A. add -on Item . [Clerk's Note: see Agenda Item IV (A)]
A Resolution of the City of Sunny Isles Beach, Florida, relating to signature authority to draw
upon the funds on deposit in the name of the City of Sunny Isles [Beach] and the access to safety
deposit boxes rented in the name of the City of Sunny Isles Beach; establishing required number
of signatures; authorizing the use of a signature facsimile; providing for an effective date.
ACTION: Vice -Mayor Turetsky moved, and Commissioner Kauffman seconded a motion to
approve the resolution. Resolution #97 -24 adopted, by a roll call vote of 5-0 in favor. [This
resolution supersedes Section 2 of Resolution No. 97 -9, and extends signature authority to
include the City Manager and Finance Director.]
Vote: Commissioner Morrow
y
Commissioner Kauffman
y
Commissioner Iglesias
yg�
Vice -Mayor Turetsky
ygg
Mayor Samson
ygg
IX. MOTIONS:
1. MOTION TO RECONSIDER RESOLUTION 97 -15, ESTABLISHING SCHEDULE FOR CITY
® COMMSSION MEETINGS FOR 1998. (Commissioner Morrow)
ACTION: Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to
reconsider Resolution No. 97 -15. After considerable discussion, the item was withdrawn.
E
2. MOTION TO ACCEPT FLAT FEE PROPOSAL FROM WILLIAM O'LEARY RE:
BEAUTIFICATION GRANT APPLICATION (F.D.O.T.) (City Manager)
ACTION: Mayor Samson explained that the City wanted to apply for a beautification grant, and
needed assistance in preparing landscape design plans and grant application forms. Commissioner
Kauffman moved and Vice -Mayor Turetsky seconded a motion to accept the flat fee proposal
[SI0,000] from William O'Leary, which was approved by a roll call vote of 5-0 in favor.
Vote: Commissioner Morrow
ygs
Commissioner Kauffman
ygg
Commissioner Iglesias
y
Vice -Mayor Turetsky
yg�
Mayor Samson
y
X. DISCUSSION ITEMS: (none listed on the prepared Agenda):
A. Mayor Samson introduced our new City Clerk, Richard Brown - Morilla, and City Manager Jim
DiPietro.
page 8 of 11 - Minutes of the December 11, 1997, City Commission meeting
B. During discussion about the City Seal, Vice -Mayor Turetsky suggested that "City of Sunshine"
® be used with the City Seal. [see Agenda Item VII (A)1.]
C. Mayor Samson asked the City Commissioners if there was a consensus to continue having City
funds on deposit with Colonial Bank City Manager DiPietro suggested that when the City next
needed to purchase a certificate of deposit, the City should get three competitive bids prior to
investing. Vice -Mayor Turetsky suggested the City should keep its operating account with
Colonial Bank, located in Sunny Isles Beach. Mayor Samson suggested the matter be handled
by the City Manager.
D. City Manager DiPietro sought direction from the Commission regarding his proposal to hire an
experienced staff person to handle zoning and code enforcement issues. Commissioner
Kauffman expressed concerns regarding signs. The City Manager proposed sending a courtesy
letter to every business on the causeway, addressing keeping signs off of the sidewalks.
Mayor Samson said he was going to ask the County Attorney to start drafting ordinances on
signs. Commissioner Iglesias invited the City Manager to call him the next day so that he could
arrange for George Fisher to remove all the signs from the sidewalk and from the medians, on
D.O.T. property.
Vice -Mayor Turetsky moved and Commissioner Iglesias seconded a motion to authorize the
City Manager to hire appropriate staff to handle planning, building and zoning matters,
® which was approved by a roll call vote of 5-0 in favor.
Vote: Commissioner Morrow ygg
Commissioner Kauffman ygs
Commissioner Iglesias ygg
Vice -Mayor Turetsky y
Mayor Samson yU
1
E. City Manager DiPietro proposed awarding a contract for City employees' health insurance with
United Health Insurance Care. He proposed that in October or November of 1998, he would
re -bid this contract when we have more employees. City Clerk Brown - Morilla requested an
opportunity to review the proposed health insurance plan. The City Manager explained that the
plan was identical to that of North Bay Village, and that the City would reimburse one -half of
any expenses paid by an employee as a deductible for out of network providers, up to a
maximum of $500 per year.
F. Mayor Samson expressed gratitude to John Shepherd for all of his volunteer assistance with the
on -going build -out of our new City Hall. He also said that furniture and computers had been
purchased.
page 9 of 11 - Minutes of the December 11, 1997, City Commission meeting
G. Commissioner Iglesias detailed the following facts regarding the likelihood of future coastal
development in the City based on current structures:
' Of all buildings on the east side of Collins, 33% are motel conversions, and will probably
never be converted to high -rises. Time shares comprise an additional 10 %. When that
percentage is combined with the two public parks and the two condos under 11 Floors, a total
of 48% of the land on the east side will not be developed into high -rises. If you add five
moteliers that have been in business for generations and will probably continue in the
business, the total is an additional 13 %. He concluded that the most high -rise development
on the east side of Collins Avenue that might be built involves only 40% of the land.
H. City Attorney Dannheisser asked for a consensus date to reschedule the Public Workshop for
Zoning Issues. Tuesday, January 6, 1998, at 7:00 p.m. in the City Commission Chambers
was selected as the date for the Public Workshop.
Commissioner Iglesias noted that the traffic study being worked on by the Department of
Transportation was progressing, and that a preliminary draft of the study was available. The final
report should be ready within sixty days, and will include alternative recommendations to avoid
pedestrian fatalities, such as fencing, barriers, and hand rails on 163rd Street. Mayor Samson
noted that an economic development group is proposing to transform 163rd Street to make it
similar to Harrison Street in Hollywood, with open air seating and eating.
Commissioner Kauffman expressed concerns regarding the plight of the residents of the
Intracoastal Apartments who are facing evictions. Mayor Samson empathized, but noted that
the situation was a private landlord/tenant matter. He suggested that perhaps she might meet
with the landlord to try to negotiate a better understanding of the tenants' concerns.
Commissioner Morrow offered her assistance, and the City Attorney cautioned the
Commissioners about any potential Sunshine Law issues.
K. Commissioner Kauffman noted that a difficulty finding parking for the Commission meeting.
L. Commissioner Morrow recommended designating Richard Schulman as the official volunteer
City historian, to operate at his own expense. Mayor Samson suggested that additional thought
be given to the proposal.
rl. PUBLIC DISCUSSION
A. Bob Giese suggested that the City purchase an alarm system for City Hall.
page 10 of 11 - Minutes of the December 11, 1997, City Commission meeting
B. Ellen Winn encouraged the residents to consider utilizing petition initiatives if they disagreed
is with zoning decisions.
C. Donald Stewart inquired about his understanding, from the November 20, 1997, City
Commission meeting, [Agenda item IX (1);Collins Restaurant Group, Inc. d/b /a Black Angus
Steakhouse; Hearing 997 -389, Location: 18290 Collins Avenue, Sunny Isle Beach] that the two
County staff members would check on the legality of the dance floor and whether the business
was a nightclub.
D. Ella Kalish suggested the City Manager hire staff as contract workers, without benefits to keep
costs down.
XII. ADJOURNMENT:
ACTION: There being no further business to discuss, Commissioner Kauffman moved, and
Vice -Mayor Turetsky seconded a motion to adjourn, which was approved by a voice vote of 5 -0.
0 Respectfully submitted:
'-�J mv�"&
Richard E. Brown- Morilla, City Clerk
0
Approved by the City Commission this
8th day of January, 1998.
David Samson, Mayor
page 11 of 11 - Minutes of the December 11, 1997, City Commission meeting