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Home My WebLink About2000-0120 Regular City Commission Meeting SUMMARY MINUTES City of Sunny Isles Beach Regular City Commission Meeting - Thursday, January 20, 2000, 7:00 p.m. 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:11 p.m., with the following officials present: Mayor David Samson Vice Mayor Connie Morrow Commissioner Danny Iglesias Commissioner Lila Kauffman City Manager Jack Neustadt City Attorney Lynn Dannheisser City Clerk Richard Brown-Morilla Commissioner Turetsky was absent. 2. INVOCATION/PLEDGE OF ALLEGIANCE ACTION: Mayor David Samson led the Pledge of Allegiance to the flag and Richard Schulman gave an invocation. 3. APPROVAL OF MINUTES: 3A. Special Commission Meeting - September 15, 1999 3B. Special Commission Meeting - September 16, 1999 3C. Special Commission Meeting - September 22, 1999 3D. Regular Commission Meeting- October 14, 1999 3E. Special Commission Meeting - November 2, 1999 ACTION: Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve the summary minutes for items 3A through 3E. The motion was approved by a voice vote of 4-0-1. 3F. Regular Commission Meeting - November 18, 1999 3G. Regular Commission Meeting - December 9, 1999 ACTION: City Clerk's note:Presentation of 3F and 3G was deferred until the next meeting. 4. AGENDA/ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS) 4A. REQUEST TO TAKE 11A OUT OF ORDER (AFTER 5A). 4B. REQUEST TO AMEND AGENDA (additions/deletions/amendments) ACTION:Mayor Samson read from a handout that was distributed at the meeting regarding: Add-on items: 4B,5B, and 9E; handout for 3-D,6A and 9A; deferral of 3-F,3-G, and 6A. Summary Minutes of the January 20, 2000, Regular City Commission Meeting - Page 1 of 9 See each item for detail. Vice Mayor Morrow moved and Commissioner Kauffman seconded to amend the agenda as specified. The motion was approved by a voice vote of 4-0-1 in favor. 5. SPECIAL PRESENTATIONS: 5A. UNIT COMMENDATION: Officer Rick Reffitt,Officer John Wyche,Crime Scene Technician Marcos Lopez,Detective Sgt. Bill Craig, and Detective Paul Manzella (Lead Detective On Case) ACTION:Chief Fred Maas presented commendations to officers listed above for their heroic efforts in saving the lives of City residents who had been held as hostages. City Manager Neustadt praised Chief Maas and the Police Department. 5B. BUCKLE UP FLORIDA PROGRAM: ACTION: Commissioner Danny Iglesias introduced Lew Sayre,Community Traffic Safety Program Coordinator for the Florida Department of Transportation. Mr. Sayre made a presentation to the Police Department and distributed key chains and stress balls. Chief Maas recognized Lt.Reynolds and Det.Ed Pickering.He also introduced the campaign of"Red Light Running" citations. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS 6A. REQUEST OF D.P. COLONIAL LLC., OWNER OF THE PROPERTY LOCATED AT 18101 COLLINS AVENUE FOR THE FOLLOWING: (Public Hearing#Z99-22) 1. Modification of Condition 1C of Resolution 98-Z-9 passed and adopted by the City Commission of the City of Sunny Isles Beach on the 28th day of May, 1998, reading as follows: From IC: That in the approval of the plan,the same be substantially in accordance with that submitted for hearing entitled "Colonial Inn" prepared by Sieger Architectural partnership sheets 1-26 dated 3/6/98 and sheet lA dated 3/17/98 and plans entitled "Colonial Inn Schematic Landscape Plan" prepare by Bradshaw, Gill & Associates dated 3/5/98 with appropriate reductions in F.A.R. To: That in the approval, the same be substantially in accordance with that submitted for hearing entitled "Sonesta-Ocean Grande IP', prepared by The Sieger Suarez Architectural Partnership consisting of 27 sheets dated 11/24/99. 2. Non Use Variance of lot coverage requirements to permit proposed development with a Summary Minutes of the January 20, 2000, Regular City Commission Meeting - Page 2 of 9 lot coverage of 44% (40% permitted). 3. Non Use Variance of floor area ratio (F.A.R.) to permit proposed buildings with a F.A.R. of 3.36 (2.5 permitted) (2.7 previously approved). 4. Non Use Variance of setback requirements to permit proposed apartment/hotel to setback 25 ft. (62.26 ft. required) from the south property line and to permit proposed apartment building to setback 65.61 ft. (90.86 ft. required) from the (north) property line. 5. Non Use Variance of Zoning Regulations to permit a view corridor width of 65.51 ft. (100 ft. required). 6. Non Use Variance of Zoning Regulations requiring units less than 750 sq ft.with lockout ability of not to be sold separately from the main unit; to waive same. 7. Non Use Variance of Zoning Regulations to permit a dwelling unit with no lockout ability to be 539 sq. ft. of gross floor area (550 sq. ft. gross floor area required). 8. Non Use Variance of Zoning Regulations as it applies to building obstruction to permit proposed development to obstruct 79%(366.19 ft.)of the width of the site above the 20 ft. MSL(50%-230.34 ft. obstruction permitted). 9. Non Use Variance of Zoning Regulations requiring structures above 20 MSL to have a maximum building width of 200 ft; to waive same to permit proposed structure with a building width of 366.19 ft. 10. Non Use Variance of sign regulations to permit four (4) detached real estate signs (3 signs of 118 sq. ft. and 1 sign of 41 sq. ft. (one 24 sq. ft. sign permitted)(one 105 sq. ft. detached sign previously approved). Protests 1 Waivers 0 Ex-Parte 0 ACTION: The applicant had submitted a written request that item be deferred. Commissioner Kauffman moved and Vice Mayor Morrow seconded a motion to defer the public hearing to an uncertain future date. The motion was approved by a voice vote of 4-0-1 in favor. 6B. REQUEST OF MANDALAY LLC,OWNER OF THE PROPERTY LOCATED AT 16275 COLLINS AVENUE FOR THE FOLLOWING: (PUBLIC HEARING#Z99-16) 1. Non Use Variance of Lot Coverage requirements to permit proposed development with a lot coverage of 50% (40% permitted). 2. Non Use Variance of Floor Area Ratio(F.A.R.)to permit a proposed development with a total F.A.R. and bonuses of 4.9 (maximum 2.5 F.A.R. and possible F.A.R.bonuses for a total F.A.R. of 3.13 permitted)(20%amenities bonus pursuant to Section 33-222(4)(b)(i) is calculated in the total bonus and floor area ratio). 3. Non Use Variance of Setback requirements to permit the proposed tower to setback 25 ft (39.6 ft required) from the interior side north and south property lines. 4. Non Use Variance of Setback requirements to permit the proposed roof deck of parking garage to setback 0 ft. (20 ft. required) from the interior side (south) property line. Summary Minutes of the January 20,2000, Regular City Commission Meeting - Page 3 of 9 5. Non Use Variance of Parking Regulations to permit 94 parking spaces to be tandem(none permitted). Protests 0 Waivers 0 Ex-Parte 0 ACTION: The applicant had submitted a written request that item be deferred. Vice Mayor Morrow moved and Commissioner Kauffman seconded a motion to defer the public hearing to the Regular City Commission Meeting in February {Feb. 24, 2000]. The motion was approved by a voice vote of 4-0-1 in favor. 7. ORDINANCES FOR FIRST READING: 7A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RELATING TO AD VALOREM TAXATION; PROVIDING FOR AN ADDITIONAL HOMESTEAD EXEMPTION FOR CERTAIN QUALIFYING SENIOR CITIZENS TO BE APPLIED TO MILLAGE RATES LEVIED BY THE CITY; PROVIDING REQUIREMENT OF ANNUAL APPLICATION AND SUBMISSION OF SUPPORTING DOCUMENTATION; PROVIDING FOR WAIVER OF EXEMPTION; PROVIDING FOR AN ANNUAL INCREASE IN THE INCOME LIMITATION; PROVIDING FOR TRANSMITTAL TO THE PROPERTY APPRAISER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title and City Attorney Dannheisser read her reported that this ordinance would provide financial relief for very low-income seniors. Public Speakers: none Vice Mayor Morrow moved and Commissioner Kauffman seconded a motion to approve the proposal on first reading. The motion was approved by a roll call vote of 4-0-1 in favor. Second reading, public hearing will be held on February 24, 2000, at 7:00 p.m. Vote: Commissioner Iglesias y Commissioner Kauffman yes Commissioner Turetsky absent Vice Mayor Morrow yes Mayor Samson yes 7B. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,AMENDING CHAPTER 33, ZONING ARTICLE XXIV, "BU-I, NEIGHBORHOOD BUSINESS DISTRICT,"WITH RESPECT ALLOWING ENTERTAINMENT IN RESTAURANTS AS A PERMITTED USE IN 33-238(28); FURTHER AMENDING TO PROVIDE ARTICLE X, ALCOHOLIC BEVERAGES SECTION 33-150E(3) PROVIDING FOR Summary Minutes of the January 20,2000, Regular City Commission Meeting - Page 4 of 9 SEVERABILITY; PROVIDING FOR A REPEALER; PROVIDING FOR INCLUSION INTO THE CODE; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title and Zoning&Code Administrator Jorge Vera read his report. Public Speakers: Carl Deering; Victor Zepka There was discussion concerning exterior noises that might disturb neighbors, and the reasoning for limiting the proposed number of musical entertainers to two (2). Kauffman moved and Vice Mayor Morrow seconded a motion to approve the proposal as written. Commissioner Iglesias proposed an amendment to increase the number of musical entertainers to four(4) persons,and Mayor Samson seconded the motion. The proposed amendment failed on a roll call vote of 2-2-1. Vote: Commissioner Iglesias y Commissioner Kauffman no Commissioner Turetsky absent Vice Mayor Morrow yes Mayor Samson no The vote on the original motion also failed on a roll call vote of 2-2-1. Vote: Commissioner Iglesias no Commissioner Kauffman }_es Commissioner Turetsky absent Vice Mayor Morrow no Mayor Samson 8. ORDINANCES FOR SECOND READING (PUBLIC HEARINGS) 8A. AN ORDNANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 33-4.2 OF THE CODE OF MIAMI-DADE COUNTY AS ADOPTED BY SECTION 8.3 OF THE CHARTER OF THE CITY OF SUNNY ISLES BEACH, TO IMPOSE MORE STRINGENT STANDARDS FOR MAINTENANCE OF PROPERTY,BUILDINGS,STRUCTURES,WALLS,FENCES, SIGNS, PAVEMENT AND LANDSCAPE; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title and City Attorney Dannheisser presented a report. Public Speakers: Donald R. Jacobson; Bob Geise Summary Minutes of the January 20,2000, Regular City Commission Meeting - Page 5 of 9 Commissioner Kauffman expressed concerns regarding several code issues in Golden Shores: cars parked on lawns, repairing cars on blocks, and parking commercial vehicles in the residential area. Mayor Samson asked the City Manager to have his staff review the issues. Staff reported that vehicles being repaired on blocks is a code enforcement issue and will be dealt with. City Manager Neustadt invited any citizens to report any code enforcement issues. Commissioner Kauffman moved and Vice Mayor Morrow seconded a motion to approve the ordinance on second reading. The ordinance was adopted as Ordinance No.2000- 87 by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman y Commissioner Turetsky absent Vice Mayor Morrow yes Mayor Samson yes 8B. AN ORDINANCE OF THE CITY OF COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NO. 97-7 ESTABLISHING THE OPERATING DEPARTMENTS OF THE CITY. ACTION: City Clerk Brown-Morilla read the title and City Attorney Dannheisser gave her report. There was no discussion. Public Speakers: none Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve the ordinance on second reading. The ordinance was adopted as Ordinance No.2000- 88 by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Turetsky absent Vice Mayor Morrow yes Mayor Samson yes 9. RESOLUTIONS: 9A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING AN IRS SECTION 125 CAFETERIA PLAN AS SET FORTH IN EXHIBIT"A";AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTION AS MAY BE NECESSARY TO EFFECTUATE THE RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title and City Manager Jack Neustadt Summary Minutes of the January 20,2000, Regular City Commission Meeting - Page 6 of 9 introduced the proposal and explained how it would benefit employees. Public Speakers: none Vice Mayor Morrow moved and Commissioner Kauffman seconded a motion to approve the resolution. Resolution No. 2000-186 was adopted by a voice vote of 4-0-1 in favor. 9B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA, AUTHORIZING THE CITY MANGER TO MAKE APPLICATION FOR THE FLORIDA DEPARTMENT OF JUVENILE JUSTICE COMBINATION GRANT; PROVIDING FOR AN EFFECTIVE DATE. ACTION:City Clerk Brown-Morilla read the title and Police Commander Nannette Murray read a report and James DeCocq introduced the item. Public Speakers: none Vice Mayor Morrow moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2000-187 was adopted by a voice vote of 3-0-2 in favor. (Commissioners Kauffman and Turetsky were absent). 9C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ACCEPTING THE PROPOSAL FOR AN ECONOMIC REDEVELOPMENT STUDY TO BE PERFORMED BY THE CHESAPEAKE GROUP, INC., IN ACCORDANCE WITH THE PROPOSAL SET FORTH IN EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LETTER AGREEMENT ATTACHED AS EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title and Community Planning and Development Director Marla Dumas presented a report. Public Speakers: none Vice Mayor Morrow moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2000-188 was adopted by a voice vote of 4-0-1 in favor. 9D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A HARDWARE AND SOFTWARE MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF SUNNY ISLES BEACH AND VML ENTERPRISES, INC.; DIRECTING THE CITY MANAGER TO EXECUTE SAID AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title and City Manager Neustadt read his report Summary Minutes of the January 20, 2000, Regular City Commission Meeting - Page 7 of 9 introducing the item. Public Speakers: none Commissioner Kauffman moved and Vice Mayor Morrow seconded a motion to approve the resolution. Resolution No. 2000-189 was adopted by a voice vote of 4-0-1 in favor. 9E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,AMENDING RESOLUTION NO.99-167 AND ESTABLISHING A REVISED SCHEDULE FOR CITY COMMISSION MEETINGS FOR CALENDAR YEAR 2000; PROVIDING A MEETING SCHEDULE FOR THE LOCAL PLANNING AGENCY; AND PROVIDING AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title and introduced the item. Public Speakers: none Commissioner Kauffman moved and Vice Mayor Morrow seconded a motion to approve the resolution. Resolution No. 2000-190 was adopted by a voice vote of 4-0-1 in favor. City Attorney Dannheisser announced that she was scheduling a Workshop on Procedures for February 10, 2000 at noon. 10. MOTIONS: 10A. WAIVER OF PERMIT FEE FOR NORTH MIAMI BEACH UTILITY ACTION: City Clerk Brown-Morilla read the title and City Manager Jack Neustadt introduced the item involving work for a City project. He recommended that the permit fee be waived. Public Speakers: none Vice Mayor Morrow moved and Commissioner Iglesias seconded a motion to approve the proposal. The motion was approved by a voice vote of 4-0-1 in favor. 11. DISCUSSION ITEMS: 11A. STATUS OF CONSULTANT STUDIES: • Streetscape Master Plan • Economic Development • Landscape Architects ACTION: City Clerk Brown-Morilla read the title and Community Planning and Development Director Marla Dumas presented her report on the three topics:there had been Summary Minutes of the January 20, 2000, Regular City Commission Meeting - Page 8 of 9 two replies to work on preparing the Streetscape Master Plan; work was under way on the Economic Development surveys; and five Landscape Architects had responded to the RFQ. Public Speakers: none 11B. PAYMENT IN LIEU OF TAXES ACTION: City Attorney Dannheisser presented a report, noting that while the idea was interesting it was not legally defensible. 11C. Add-On: Mayor Samson read from his State of the City Address pursuant to the City Charter requirements. 11D. Add-On: During discussion of agenda item 7B, Victor Zepka asked to be appointed to the City's Fashion, Film, Entertainment and Production Council. 11E. Add-On: During discussion of agenda item 8A, Donald Jacobson inquired about the condition of the retaining wall on A 1 A,going east to west.City Manager Neustadt promised to respond in writing to Mr. Jacobson's question. 11F. Add-On: Mayor Samson asked that legislation be placed on the next agenda to enforce a cut-off date for last moment agenda add-on items. City Clerk Brown-Morilla said he would prepare a resolution for future consideration. 12. REQUESTS, PETITIONS & OTHER COMMUNICATIONS: none 13. ADJOURNMENT: Mayor Samson called for adjournment at 8:50 p.m. Respectfully submitted by: Approved by e City Commission on March 16, 2000 u siv1/4/440\41/4 tR.ichard Brown-MOTlla, City Clerk David Samson, Mayor • t , _ _144, S" 7; ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGIS!RATION PRIOR TO LOBBYING. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. Summary Minutes of the January 20,2000, Regular City Commission Meeting - Page 9 of 9