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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. PE 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