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Home My WebLink About2000-1214 Regular City Commission Meeting SUMMARY MINUTES Thursday, December 14, 2000, 7:00 p.m. CITY OF SUNNY ISLES BEACH,FLORIDA ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF,BOARDS,COMMITTEES OR THE CITY COJLNISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:01 p.m., with the following officials present: Mayor David Samson Vice Mayor Lila Kauffman Commissioner Danny Iglesias Commissioner Connie Morrow Commissioner Irving Turetsky City Manager Christopher J. Russo City Attorney Lynn Dannheisser City Clerk Richard Brown-Morilla 2. PLEDGE OF ALLEGIANCE AND INVOCATION Action: Mayor Samson lead the Pledge of Allegiance to the flag. Richard Schulman gave an invocation. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting: November 15, 2000. 3B. Special City Commission Meeting: November 28, 2000. Action: Vice Mayor Kauffman moved and Commissioner Iglesias seconded a motion to approve the Summary Minutes of November 15 and 28,2000. The motion was approved by a voice vote of 5-0 in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items. Action: Mayor Samson read from the handout of proposed add-ons and to hear item 1 IA after item 5B. Commissioner Morrow moved and Vice Mayor Kauffman seconded a motion to approve the request. The request was approved by a voice vote of 5-0 in favor. Summary Minutes:Regular City Commission Meeting December 14,2000 City of Sunny Isles Beach,Florida 5. SPECIAL PRESENTATIONS 5A. Police Officer of the Month for December 2000—Detective Ed Santiago. Action: Police Chief Fred Maas introduced Detective Santiago and Dete• nee Ray Atesiano. Chief Maas then presented Detective Santiago with a certifi'.to and a check. 5B. Birthday Greetings Presented to Laura Clibansky in Recogni on of her 90th Birthday on Wednesday, December 20, 2000. Action: Mayor Samson introduced Ms. Clibansky and pr- ented the birthday greetings. 6. ZONING [City Clerk's Note: see add-on item 11A f• adoption of Zoning Resolution No. 00-Z- 56.] 7. ORDINANCES FOR FIRST RE • .ING 7A. An Ordinance of the City Co • ssion of the City of Sunny Isles Beach, Florida, Further Amending Ordinance 98-52, • ending Section 33-317 Entitled"Limitation on Issuance of Permits," to Include a Sect.on Which Requires Compliance With Zoning Code and All Zoning Resolutions Issue. Thereunder Before Any Permit is Issued; Providing for a Repealer; Providing for •verability; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk : own-Morilla read the title and City Attorney Dannheisser presented the report. Public Speaker . None Commissio -r Iglesias moved and Vice Mayor Kauffman seconded a motion to approve the proposal o t first reading. The motion was approved by a roll call vote of 5-0 in favor. Second r,ading,public hearing will be held on Thursday,January 18,2001,at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes Summary Minutes:Regular City Commission Meeting December 14,2000 City of Sunny Isles Beach,Florida 5. SPECIAL PRESENTATIONS 5A. Police Officer of the Month for December 2000—Detective Ed Santiago. Action: Police Chief Fred Maas introduced Detective Santiago and Detective Ray Atesiano. Chief Maas then presented Detective Santiago with a certificate and a check. 5B. Birthday Greetings Presented to Laura Clibansky in Recognition of her 90th Birthday on Wednesday, December 20, 2000. Action: Mayor Samson introduced Ms. Clibansky and presented the birthday greetings. 6. ZONING [City Clerk's Note: see add-on item 1 1A for adoption of Zoning Resolution No.00-Z-56 which was not issued and voided on April 11,2001 at the request of City Attorney Lynn Dannheisser.*] 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Further Amending Ordinance 98-52,Amending Section 33-317 Entitled"Limitation on Issuance of Permits," to Include a Section Which Requires Compliance With Zoning Code and All Zoning Resolutions Issued Thereunder Before Any Permit is Issued; Providing for a Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser presented the report. Public Speakers: None Commissioner Iglesias moved and Vice Mayor Kauffman seconded a motion to approve the proposal on first reading. The motion was approved by a roll call vote of 5-0 in favor. Second reading,public hearing will be held on Thursday,January 18,2001,at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Morrow Les Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes * Summary Minutes Amended April 11, 2001 • 2 Summary Minutes:Regular City Commission Meeting December 14,2000 City of Sunny Isles Beach,Florida 8. ORDINANCES FOR SECOND READING (Public Hearings) 8A. An Interim Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 33, Zoning Article XXIV, "BU-1, Neighborhood Business District," With Respect to Allowing Entertainment in Restaurants as a Permitted Use in 33-238(28); Further Amending Article X, Section 33-150 E(3) and 33-151 (G), Alcoholic Beverages; Providing for Severability; Providing for a Repealer; Providing for Inclusion into the Code; Providing for an Effective Date. (First Reading 11/15/00) Action: City Clerk Brown-Morilla read the title and Zoning and Code Administrator Vera presented his report. Public Speakers: None Commissioner Iglesias amended the Ordinance in Section 1 to delete the words"and from a service bar only". Commissioner Iglesias moved and Vice Mayor Kauffman seconded a motion to adopt the ordinance as amended at second reading. Ordinance No.2000-111 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 9. RESOLUTIONS 9A. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a Contract By and Between the City of Sunny Isles Beach and Choice Hire for Human Resources Services as Outlined in Exhibit "A" Attached Hereto, in an Amount Not to Exceed $21,850; Authorizing the City Manager to Do All Things Necessary to Effectuate Said Contract; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title. Public Speakers: None Commissioner Iglesias moved and Vice Mayor Kauffman seconded a motion to approve the resolution. Resolution No. 2000-295 was adopted by a voice vote of 5-0 in favor. 3 Summary Minutes:Regular City Commission Meeting December 14,2000 City of Sunny Isles Beach,Florida 9B. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving the Recommendation of the City Manager to Waive the Formal Competitive Bidding Procedures of Sunny Isles Beach Ordinance No. 2000-101 for the Preparation and Landscaping of the Collins Avenue Medians; Authorizing the City Manager to Expend an Additional Amount Not to Exceed S100,000, and to Do All Other Things Necessary to Effectuate Timely Completion of Said Project; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo presented his report. Public Speakers: Alan Handis Commissioner Morrow moved and Vice Mayor Kauffinan seconded a motion to approve the resolution. Resolution No. 2000-296 was adopted by a voice vote of 5-0 in favor. 9C. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida, Requesting the Board of County Commissioners to Amend the Cone of Silence Ordinances to Exempt Municipalities,or,in the Alternative to Remove the Cone of Silence Ordinance From Chapter Two of the Miami-Dade County Code in Order that the Ordinance Would Not Apply to Municipalities Within Miami-Dade County; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser presented her report. Public Speakers: None Vice Mayor Kauffinan moved and Commissioner Turetsky seconded a motion to approve the resolution. Resolution No. 2000-297 was adopted by a voice vote of 5-0 in favor. 9D. Add-On A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Awarding a Bid to Aetna Insurance Co. for Health Insurance Services as Outlined in the Scope of Services Attached Hereto as Exhibit"A",Authorizing the City Manager to Execute a Contract for Such Bid and to Do All Other Things Necessary to Effectuate the Intent of this Resolution; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo presented his report. Public Speakers: none Commissioner Morrow moved and Vice Mayor Kauffman seconded a motion to approve the resolution. Resolution No. 2000-298 was adopted by a voice vote of 5-0 in favor. 4 Summary Minutes:Regular City Commission Meeting December 14,2000 City of Sunny Isles Beach,Florida 9E. [City Clerk's Note: see item 10A and add-on item 10B for adoption of Resolution No. 2000-299.] 9F. [City Clerk's Note: see add-on item 11A for adoption of Resolution No. 2000-300.] 10. MOTIONS 10A. Motion to Approve a Memorial Contribution to the Van Fund of the Good Samaritan Nursing Center. 10B. Add-On Motion to Approve a Memorial Contribution to the Police Officer's Assistance Trust. Action: City Clerk Brown-Morilla read the titles and City Manager Russo reported. Public Speakers: None Pursuant to the requirement of Municipal Charter §7.6, Mayor Samson moved and Vice Mayor Kauffman seconded a motion to approve the memorial contributions proposed in 10A and 10B. The motion was approved by a voice vote of 5-0 in favor. A brief discussion was held regarding establishing a formal policy authorizing the City Manager to make a $100 charitable contribution in the event of the death of an employee's immediate family member (parent, spouse, sibling, and or child). Vice Mayor Kauffman moved and Commissioner Morrow seconded a motion to adopt the policy. Resolution No. 2000-299 was approved by a voice vote of 5-0 in favor. 11. DISCUSSION ITEMS 11A. Add-On [Public Hearing] Discussion on the Executive Session Held on December 14, 2000 at 5:30 p.m. to Discuss Settlement Negotiations and Litigation Strategy regarding an Amended Verified Complaint Filed Against the City of Sunny Isles Beach on December 11, 2000, Pursuant to Section 163.3215(4), Florida Statutes. (Resolution No. 00-Z-55, Approving Zoning Requests of Beverly Towers, Inc., Subject to Certain Conditions) Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser summarized the discussion that occurred during the Executive Session. In light of the revelation that the City's Comp Plan was officially adopted effective October 15, 2000, she said the City Commission could agree with the claimants and decide that the decision made on the Beverly Towers was inconsistent and the City would stipulate to a settlement,resulting in a rescission of the original approval; or the City could come to a policy decision that any application that 5 Summary Minutes:Regular City Commission Meeting December 14,2000 City of Sunny Isles Beach,Florida was filed before October 15,2000,could be treated under the County's Comprehensive Plan, which would then put the City Commission in the position of making one of two decisions: either to defend the litigation since the City is the defendant in this matter; or, to accept a compromise which was offered by the Developer's Counsel,to move[angle]the building 7%2 feet on either side, such that there would be an additional 15 feet view corridor. [City Clerk's note.: the City Attorney distributed three documents for the record: a memo* from Mr. Vera and Ms. Dumas to City Attorney Dannheisser, dated December 12, 2000, re. Approval of Beverly Towers Inc.; a letter from Eva von Strehle; and a letter from Mr. and Mrs. Sippin] Mayor Samson asked when the zoning application was filed and Jorge Vera and Marla Dumas said it was filed on September 15, 2000. Ms. Dumas read a memo* from Mr. Vera and Ms. Dumas to City Attorney Dannheisser dated December 12,2000(approval of Beverly Towers Inc.). Public Speakers: Stanley Price, Esq.; Lynn Dannheisser; Marla Dumas; Norman Edelcup Commissioner Morrow moved to adopt a policy that any zoning application that has come before the City Commission prior to October 15,2000,would be considered filed. City Attorney Dannheisser restated the motion as: Any Zoning application that would have been filed prior to the adoption of the current Comprehensive Plan,that is October 15, 2000,would be considered under the Miami-Dade County Comprehensive Plan,the plan we were under until we adopted this new plan; Commissioner Iglesias seconded the motion. Resolution No. 2000-300 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes Public Speakers: Norman Edelcup; Ros Brezin; Martin Livingston; Seymour Blau; Arnold Klein; Iry Diamond; Henry Casado; Stanley Price, Esq.; Marla Dumas Seven residents, including five of the citizens who filed the Amended Verified Complaint, expressed dismay with the prior approval of the variances for the Beverly Towers, Inc. project. Stanley Price,Esq.,objected to the procedures and to the memo from Mr. Vera and Ms. Dumas that was written after the November 15, 2000 zoning approval. He proffered to defend the City at no cost in any litigation resulting from approval of the Beverly Towers project. Commissioner Morrow expressed her support for the project. Commissioner Iglesias reiterated what Commissioner Morrow said and stated that the developer said they would compromise by shortening the width of the building, to include that as well as 7V2 feet width of each building. Mr.Price proffered that they would move the buildings at an angle so there 6 Summary Minutes:Regular City Commission Meeting December 14,2000 City of Sunny Isles Beach,Florida will be 15 feet more view corridor on the site. Commissioner Iglesias asked to include that in the motion. City Attorney Dannheisser restated the motion that it would include accepting the compromise of moving the building at an angle, thereby creating 15 feet additional view corridor, and for Stanley Price, Esq. to defend against any litigation arising from this approval at no cost to the City. Commissioner Turetsky seconded the motion. Zoning Resolution No. 00-Z-56 was adopted by a roll call vote of 4-1 in favor. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson no 12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 12A. Request of Solomon Meyerson to discuss pedestrian crossing improvements, extending crossing time and reducing the speed limit on Collins Avenue. Action: Mr. Meyerson was not in attendance. Mayor Samson said Mr. Meyerson told him he would report when there was a formal response from Florida Department of Transportation. 12B. Request of Geoffrey Ehrich to address the City Commission on a proposal that the City purchase a bay-front parcel of land in Golden Shores for a public park. Action: Mr. Ehrich was not in attendance. Mayor Samson said that if the property was for sale at a reasonable price,perhaps the City might consider purchasing it;or perhaps someone would donate it for a City park. 13. ADJOURNMENT The meeting was adjourned at 8:43 p.m. Respectfully submitted by: Approved by th City Commission on Jan.18, 2001 2/a/PieW)1/4 RichardBrOwn-Morilla,.City Clerk David Samson, Mayor ii . . � 1 3 J . 7 I Summary Minutes:Regular City Commission Meeting December 14.2000 City of Sunny Isles Beach,Florida will be 15 feet more view corridor on the site. Commissioner Iglesias asked to include that in the motion. City Attorney Dannheisser restated the motion that it would include accepting the compromise of moving the building at an angle, thereby creating 15 feet additional view corridor, and for Stanley Price, Esq. to defend against any litigation arising from this approval at no cost to the City. Commissioner Turetsky seconded the motion. Zoning Resolution No. 00-Z-56 was adopted by a roll call vote of 4-1 in favor. [Zoning Resolution No. 00-Z-56 was not issued and voided on April 11, 2001 at the request of City Attorney Lynn Dannheisser.*] Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson no 12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 12A. Request of Solomon Meyerson to discuss pedestrian crossing improvements, extending crossing time and reducing the speed limit on Collins Avenue. Action: Mr. Meyerson was not in attendance. Mayor Samson said Mr. Meyerson told him he would report when there was a formal response from Florida Department of Transportation. 12B. Request of Geoffrey Ehrich to address the City Commission on a proposal that the City purchase a bay-front parcel of land in Golden Shores for a public park. Action: Mr. Ehrich was not in attendance. Mayor Samson said that if the property was for sale at a reasonable price,perhaps the City might consider purchasing it;or perhaps someone would donate it for a City park. 13. ADJOURNMENT The meeting was adjourned at 8:43 p.m. Respectfully submitted by: Approved by the City Commission on Jan.18, 2001 own-Morilla,City Clerk David Samson, Mayor r 4, *iSum mary'Minutes Amended April 11, 2001 y . , 4 •