HomeMy WebLinkAbout2000-0615 Regular City Commission Meeting •
SUMNIIRY MINUTES
Thursday, June 15, 2000, 7:00 p.m.
CITY OF SUNNY ISLES BEACH, FLORIDA
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PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION.
1. CALL TO ORDER/ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Samson at 7:02 p.m., with the following
officials present:
Mayor David Samson
Vice Mayor Connie Morrow
Commissioner Danny Iglesias
Commissioner Lila Kauffman
Commissioner Irving Turetsky
Acting City Manager James DeCocq
City Attorney Lynn Dannheisser
City Clerk Richard Brown-Morilla
2. PLEDGE OF ALLEGIANCE/INVOCATION
Action:Ms.Marcelle Dauesy-Jones,a recently naturalized citizen of the United States of
America, led the Pledge of Allegiance to the flag. No invocation was given.
3 - APPROVAL OF MINUTES:
3A. Regular City Commission Meeting—March 16, 2000.
3B. Special City Commission Meeting—April 6, 2000.
3C. Regular City Commission Meeting—April 13, 2000.
3D. Special City Commission Meeting—April 27, 2000.
Action: Commissioner Turetsky moved and Vice Mayor Morrow seconded a motion to
approve the Summary Minutes. 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 9E and 9F after Item 6A.
Action: Commissioner Kauffman moved and Vice Mayor Morrow seconded a motion to
approve the request. The request was approved by a voice vote of 5-0 in favor.
5 - SPECIAL PRESENTATIONS
5A. Police Employee of the Month for June, 2000—Officer Rey Zamora.
Action: Chief Maas presented Officer Rey Zamora with the Employee of the Month
Certificate and check
Summary Minutes:Regular City Commission Meeting June 15,2000 City of Sunny Isles Beach,Florida
5B. Add-On
Introduction of Police Canine Officer Robert Ostrov and his Partner Zaro.
Action: Chief Maas introduced Police Canine Officer Robert Ostrov and his Partner
Zaro, a German Shepherd.
5C. Add-On
Employee Special Recognition Awards to be presented to Angela Holloman and Helena
G. Forbes for successful completion of the Florida Association of Code Enforcement
Level 1 Certification Program.
Action: Christopher Steers introduced Angela Holloman and Helena Forbes, and then
presented them with awards.
6—ZONING
ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. Request of Ocean Two Limited Partnership, Owner of the Property Located at
19101 — 19111 - 19115 Collins Avenue for the Following:
(Hearing #Z2000-03)
1. Modification of Condition IC of Resolution 98-Z-28 passed and adopted by the City
of Sunny Isles Beach on the 17th of December, 1998 reading as follows:
From 1C: Plans are on file and may be examined in the Building, Planning and
Zoning Department entitled "Aventura Beach Chateau Resort
Condominium", prepared by Kobi Karp Architects, Interior Designers
dated 7-1-98 consisting of 10 pages, plans entitled "Survey for Dezer
Properties Co.", prepared by Zurwelle Whittaker, Inc. dated stamped
received 7-1-98 and plans entitled "Aventura Beach Chateau Resort
Condominium", prepared by Within Design Group dated 8-11-98
consisting of two pages. Plans may be modified at public hearing.
To: Plans are on file and may be examined in the Building, Planning and
Zoning Department entitled "Ocean Two", prepared by the Seiger
Suarez Architectural Partnership dated stamped received 4/14/00
consisting of 29 sheets.
The purpose of this request is to allow the applicant to revise previously approved
plans to show different height elevations for the parking garage and less parking
spaces.
2. Non Use Variance of Floor Area Ratio to permit an apartment development with a
floor area ratio of 3.40 (2.5 floor area ratio permitted)(2.97 floor area ratio
approved).
3. Non Use Variance of Zoning Regulations as it applies to building obstruction to
permit proposed development to obstruct 80% (406 ft.) of the width of the site
above 20 ft. MSL (50% - 256 ft. obstruction permitted).
4. Non Use Variance of Parking Regulations to permit a total of 450 parking spaces
(475 spaces required).
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Summary Minutes:Regular City Commission Meeting June 15,2000 City of Sunny Isles Beach,Florida
5. Non Use Variance of Zoning Regulations to permit a view corridor width of 81
feet (100 feet wide required).
Protests 0 Waivers 0 Ex-Parte 0
Action: Mayor Samson read a statement regarding procedure and decorum. City Clerk
Brown-Morilla read the applicant's name, hearing number, location and then
administered the oath to the witnesses for the Zoning hearing. City Attorney Dannheisser
read a disclaimer for the Zoning hearing.
Public Speakers: Joseph Goldstein, Esq.; Thomas Daly; Zoning & Code Administrator
Jorge Vera; Community Planning & Development Director Marla Dumas; Michael
Feldman, Esq.; Gerry Goodman; John Wiggins
Vice Mayor Morrow asked if we need to amend the RU4A Ordinance and Ms.
Dannheisser said that staff is currently reviewing the ordinance. Commissioner Iglesias
asked if the plans include a provision for a walkway along the beach. Mr. Daly said that
the covenant the developer was offering includes a provision for a walkway along the
beach, but since the City is not now doing a beach-walk, they were not putting it in,but
would cooperate at such time as the City puts in a beach-walk.
Jorge Vera read his report and recommended approval,with the original staff conditions
from the prior Zoning variance. He also noted that there would be two beach access
points.
Marla Dumas recommended approval with the condition that the developer provide at
least six to eight feet,perhaps ten feet of land as an easement along the street to facilitate
the under-grounding of the power lines and lights. Mr. Daly agreed to abide by that
condition, whether it would be six or ten feet, to facilitate the City's streetscape and
under-grounding. Mr. Goldstein agreed to the Zoning and the Planning conditions,
including the six to ten feet easement along the street.
Commissioner Turetsky moved and Commissioner Iglesias seconded a motion to
approve with staff conditions and the additional proffers of six to ten feet. The
motion to approve the request was adopted as Resolution No. 00-Z-49,by a roll call
vote of 5-0.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Turetsky yes
Vice Mayor Morrow y
Mayor Samson yes
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Summary Minutes:Regular City Commission Meeting June 15,2000 City of Sunny Isles Beach,Florida
7—ORDINANCES FOR FIRST READING
7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Section 33-316 of the Code of Miami-Dade County as Adopted by the City of
Sunny Isles Beach Pursuant to Section 8.3 of the Charter, to Provide the Steps
Necessary and Required to Take an Appeal of a Decision by the City Commission
on a Zoning Matter for Review Before the Circuit Court of the Eleventh Judicial
Circuit in and for Miami-Dade County; Providing Commencement and Computation
of Time Within Which to Appeal a Zoning Resolution Issued by the City Clerk;
Providing for the Director of Zoning and/or the City Clerk, as Applicable, to Make
Available for Public Inspection and Copying All Records Required for Such Appeal;
Providing for the Clerk to Swear Any Witnesses and Upon Timely Request in Writing,to
Compel the Attendance of Witnesses in the Same Manner Prescribed by the Circuit
Court;Further Providing that the Applicant Shall Employ a Qualified Court Reporter to
Report the Proceeding, Which Transcript May be Used When Certified for Court
Review; Deleting Any References to the Term "Zoning Appeals Board"; Providing for
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 City Attorney Dannheisser gave her
report.
Public Speakers: Chris Steers; Judge Manuel Ramos
Commissioner Iglesias moved and Vice Mayor Morrow 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 Tuesday, July 11, 2000, at
7:00 p.m.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Turetsky yes
Vice Mayor Morrow yes
Mayor Samson yes
7B. Substitute Ordinance—Handed Out at Meeting
An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Chapter 15 of the Code of Miami-Dade County as Adopted by Section 8.3 of
the Charter of the City of Sunny Isles Beach, to Include a Section Entitled "Single
Family and Two Family Residential Garbage Can Location"; Providing for Specific
Storage Location Relative Primary Building; Providing for Penalties for Violation:
Providing for Conflicts; Providing for Severability; Providing for Codification;
Providing for Deferred Enforcement; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Code and Licensing Enforcement
Officer Chris Steers gave his report.
Public Speakers: None
Vice Mayor Morrow moved and Commissioner Kauffman seconded a motion to
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Summary Minutes:Regular City Commission Meeting June 15,2000 City of Sunny Isles Beach,Florida
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 Tuesday, July 11,
2000, at 7:00 p.m.
Vote: Commissioner Iglesias y
Commissioner Kauffman yes
Commissioner Turetsky yes
Vice Mayor Morrow yes
Mayor Samson yes
7C. Substitute Ordinance—Handed Out at Meeting
An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Section 33-200 of the Code of Miami-Dade County as Adopted by Section
8.3 of the Charter of the City of Sunny Isles Beach,to Amend Section(3)Prohibiting the
Keeping, Breeding, Raising or Maintaining of Poultry or Any Fowl Other than
Customary Pets; Providing for Specific Prohibitions on Feeding of Stray or Wild
Animals; Providing for Specific Prohibitions on Illegal Subdivision and Rental of
Residential Property; Providing for Right of Inspection; Providing for Severability;
Providing for Repeal of Conflicting Provisions; Providing for Inclusion in Code;
Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Code and Licensing Enforcement
Officer Chris Steers gave his report.
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 5-0 in favor. Second reading, public hearing will be held on Tuesday, July 11,
2000, at 7:00 p.m.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Turetsky yes
Vice Mayor Morrow yes
Mayor Samson yes
7D. An Ordinance 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 the Addition of a Section "E" to Require Any Property
Owner to be Responsible for the Elimination of Rodents, Insects, and Any Other
Vermin Prior to the Demolition of Any Structure; Providing for a Repealer;
Providing for Severability and Providing for an Effective Date.
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Summary Minutes:Regular City Commission Meeting June 15,2000 City of Sunny Isles Beach,Florida
Action: City Clerk Brown-Morilla read the title and Code and Licensing Enforcement
Officer Chris Steers gave his report.
Public Speakers: None
Commissioner Kauffman moved and Commissioner Iglesias 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 Tuesday, July 11,
2000, at 7:00 p.m.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Turetsky yes
Vice Mayor Morrow yes
Mayor Samson yes
7E. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Relating to the Securing of Construction Sites,Setting Forth Definitions,Setting Forth
Prohibitions, Including Prohibition of Engaging in Any Activity Posing a Danger to
Persons Located Off the Construction Site; Prohibiting Unauthorized Access Between
the Hours of 7:00 p.m. and 7:00 a.m.; Requiring the Owner-Occupant or User of a
Construction Site to Keep All Access Roads to the Construction Site Clear of Debris;
Requiring Compliance with Section 105.3 of the South Florida Building Code During a
Hurricane Watch, by Taking All Steps Necessary to Secure the Construction Site;
Providing for a Fine in the Amount of 5250 Each Day for Failure to Comply;Requiring
the Parking of Construction Worker Vehicles to be Either on Site, in a Public Parking
Lot or Along a Public Street Where Parking is Permitted,With Parking at Any Other Site
Strictly Prohibited; Providing for Severability; Providing for a Repealer; Providing for
Inclusion into the Code and Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser
presented her report.
Public Speakers: Gerry Goodman; John Shepherd
Vice Mayor Morrow moved and Commissioner Iglesias 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 Tuesday, July 11, 2000, at
7:00 p.m.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Turetsky yes
Vice Mayor Morrow yes
Mayor Samson yes
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Summary Minutes:Regular City Commission Meeting June 15,2000 City of Sunny Isles Beach,Florida
8 - ORDINANCES FOR SECOND READING (Public Hearings)
8A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Ordinance 98-34 Relating to the Permissible Hours of Operation of Power
Tools,Construction Equipment and Landscaping Equipment;Repealing Conflicting
Provisions; Providing for Severability; Providing for Inclusion into the Code; and
Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Zoning and Code Administrator
Jorge Vera read his report.
Public Speakers: Phillip Chemoff; Chris Steers
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to adopt
the ordinance on second reading. Ordinance No. 2000-94 was adopted by a roll call
vote of 5-0 in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Turetsky yes
Vice-Mayor Morrow yes
Mayor Samson yes
8B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Section 33-4 of the Code of Miami-Dade County Relating to Offensive Color,
Design, Smoke,Noise, etc.;Nuisances, Moves and Location to be Approved; Location
on Land Subject to Flooding; to Provide that Construction Equipment Shall be
Regulated by OSHA Standard; Repealing Conflicting Provisions; Providing for
Severability;Providing for Inclusion into the Code;and Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Zoning and Code Administrator
Jorge Vera gave his report.
Public Speakers: Phillip Chemoff; Chris Steers
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to adopt
the ordinance on second reading. Ordinance No.2000-95 was adopted by a roll call
vote of 4-0-1 in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Turetsky yes
Vice-Mayor Morrow absent
Mayor Samson yes
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Summary Minutes:Regular City Commission Meeting June IS,2000 City of Sunny Isles Beach,Florida
9 - RESOLUTIONS
9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Repealing Resolution No. 99-150, and Reconstituting a New Citizens' Planning
Advisory Committee, to Provide for the Continuation of Existence for One Year From
the Creation and Each Year Thereafter at the Discretion of the Mayor;to Provide for the
Appointment of Fifteen Members to the Committee and the Appointment of the Chair
and Vice Chair; Providing for its Specific Advisory Capacity and Delineating Powers
and Duties; Rendering the Committee Subject to the Sunshine Laws; Providing for
Appointments and Reappointments to be Made in Writing Effective Upon the One Year
Expiration of the Committee Formation Date and Upon Submission to the City Clerk of
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 Community Planning and
Development Director Marla Dumas presented her report.
Commissioner Turetsky moved and Commissioner Kauffinan seconded a motion to
approve the resolution. Resolution No. 2000-237 was adopted by a voice vote of 5-0
in favor.
9B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving the First Amendment to Series 98 Challenge Grant Contract Attached
Hereto as Exhibit"A"to Increase the Previous Amount to an Amount Payable to the City
Not to Exceed $2,174,433; Authorizing the City Manager to Apply for, Receive and
Expend Said Monies;Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Acting City Manager James
DeCocq read his report.
Commissioner Kauffman moved and Vice Mayor Morrow seconded a motion to
approve the resolution. Resolution No. 2000-238 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,
Authorizing the City Manager to Transfer the Name of Gilbert Samson Memorial
Park; Re-Naming the Present Access Park Located at 167th Street "Pier Park";
Naming the Oceanfront Park Located at 174th Street the"Gilbert Samson Memorial
Park"; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Mayor David Samson presented his
report.
Public Speakers: Phillip Chemoff
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Summary Minutes:Regular City Commission Meeting June 15,2000 City of Sunny Isles Beach,Florida
Commissioner Kauffman moved and Commissioner Turetsky seconded a motion to
approve the resolution. Resolution No.2000-239 was adopted by a voice vote of 5-0
in favor.
9D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the City Manager to Purchase Playground Equipment from Landscape
Structures Inc.,in the Amount of S49,500;to be Installed at the Passive Park Located at
North Bay Road and 178th Drive; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Recreation Director Ed Smith read
his report.
Public Speakers: none
Commissioner Kauffman questioned the age ranges of the children that we are
planning on using the equipment (3-12). Ed Smith said the different age groups would
be separated appropriately.
Commissioner Kauffman moved and Commissioner Turetsky seconded a motion to
approve the resolution. Resolution No. 2000-240 was adopted by a voice vote of 5-0
in favor.
9E. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida, Urging
Miami-Dade County to Fund the Construction and Operation of a Regional Park at the
Munisport Landfill Site in the City of North Miami; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and the letter from City ofNorth Miami
Mayor Frank Wolland requesting support.
Public Speakers: Angus Lainey, City of North Miami
Vice Mayor Morrow moved and Commissioner Kauffman seconded a motion to
approve the resolution. Resolution No. 2000-241 was adopted by a voice vote of 5-0
in favor.
9F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Resolution No. 2000-190 Establishing a Revised Schedule for City
Commission Meetings for the Remainder of Calendar Year 2000 by Calling for a
Special Meeting on July 11, 2000; and Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and read his report.
Public Speakers: none
Vice Mayor Morrow moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No.2000-242 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting June 15,2000 City of Sunny Isles Beach,Florida
9G. Add-On
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the Mayor to Execute Resolution No. 2000-003 of the Council of Coastal
Mayors of Miami-Dade County,Florida, Requesting the Miami-Dade County Mayor
and Commission to Initiate and Implement a Pilot Project for Installation and
Maintenance of Mooring Buoys to Protect and Preserve Living Coral Reefs Along
the Coastline of Miami-Dade County, Florida, as More Specifically Set Forth in the
Attached Exhibit "A"; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Attorney Lynn Dannheisser
gave a verbal report.
Commissioner Kauffman moved and Commissioner Turetsky seconded a motion to
approve the resolution. Resolution No. 2000-243 was adopted by a voice vote of 5-0
in favor.
10. MOTIONS:
10A. Add-On
Motion to Approve a Memorial Contribution to First Baptist Church of Perrine.
Action: City Clerk Brown-Morilla read the title [in honor of Christopher Steers'
mother].
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to
approve the memorial contribution. The contribution was approved by a voice vote
of 5-0 in favor.
11 - DISCUSSION ITEMS
11A. Comprehensive Plan Update.
Action: City Clerk Brown-Morilla read the title and Community Planning and
Development Director Marla Dumas read her report.
11B. Collins Avenue Decorative Banners.
Action: City Clerk Brown-Morilla read the title and Acting City Manager James
DeCocq gave his report.
12. CITIZENS' FORUM:REQUESTS,PETITIONS&OTHER COMMUNICATIONS
12A. Mayor Samson made a statement regarding recent positive actions by staff, and thanked
all of the citizens who had expressed their frustrations regarding lack of performance.
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Summary Minutes:Regular City Commission Meeting June 15,2000 City of Sunny Isles Beach,Florida
12B. Mayor Samson introduced Jim Watts,the new Acting Public Works Director,and said he
is Lee Watts' husband.
12C. Herb Abramson complimented the City Commission for improving the City.
12D. Gerry Goodman questioned why 174i° Street was not included in the Streetscape Plan.
12E. Commissioner Danny Iglesias reported that the State would be finishing the work on the
drainage area at the northeastern corner of Sunny Isles Blvd. [the swamp]. He said the
City might consider landscaping the perimeter. He also noted that there is government
money available to resurface Sunny Isles Blvd.
13. ADJOURNMENT:
Commissioner Turetsky moved and Commissioner Kauffman seconded a motion to
adjourn the meeting.The motion was approved by a unanimous voice vote of 5-0 at
9:47 p.m.
-Respectfully submitted by: Approved by e City Commission on August 14, 2000
CJ ,e _ '
�Rich'ard Brown--Morilla, City Clerk David Samson, Mayor
.% .
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