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Home My WebLink About2001-0913 Regular City Commission Meeting SUMMARY MINUTES Thursday, September 13, 2001, 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 COMMISSION. 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 7:03 p.m.,with the following officials present: Mayor David Samson Vice Mayor Lila Kauffman Commissioner Norman S. Edelcup Commissioner Gerry Goodman Commissioner Danny Iglesias City Manager Christopher J. Russo City Attorney Lynn M. Dannheisser City Clerk Richard Brown-Morilla 2. PLEDGE OF ALLEGIANCE AND INVOCATION Action: Mayor Samson led the Pledge of Allegiance to the flag, and read a welcoming statement. 3. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 3A. Request of Dezer Properties, LLC., Owner of the Property Located at the Southwest Corner of Collins Avenue and 185th Street for the Following: (Hearing #Z2000-12) 1. District Boundary Change from BU-1A to BU-2. 2. Special Exception for site plan approval to permit a hotel. 3. Non Use Variance of Lot Coverage requirements to permit a proposed hotel with a lot coverage of 54% (40% permitted). 4. Non Use Variance of Floor Area Ratio to permit proposed hotel development with a floor area of 1.78 (1.53 permitted). 5. Non Use Variance of Zoning Regulations requiring all interior subdivision streets to be 50 feet wide; to waive same to permit zero (0) feet dedication for a portion of the south side of 185 Street. 6. Non Use Variance of Parking Regulations to permit 100 percent tandem parking(none Special City Commission Meeting Summary Minutes September 13,2001 Sunny Isles Beach,Florida permitted) with valet service. Protests 1 Waivers 0 Ex-Parte 0 (Deferred from 5/17/01) Action: [City Clerk's note: A protest letter from Alejandro Arce was distributed] City Clerk Brown-Morilla read the applicant's name, hearing number, and location. Zoning Director Jorge Vera noted that the applicant had submitted a letter that appeared in the agenda requesting deferral of this item to a date uncertain. Vice Mayor Kauffman moved and Commissioner Iglesias seconded a motion for deferral to a date uncertain. [City Clerk's note: the cost of re-advertising to be paid by the applicant]. The motion was approved by a voice vote of 5-0 in favor. 3B. Request of Plaza Isles, L.L.C., Owner of the Property Located at 16204-28 Collins Avenue for the Following: (Hearing #Z2001-02) 1. Non Use Variance of Landscaping Regulations to permit the existing commercial development with 15.51% of landscaping (18% required). 2. Non Use Variance of Parking requirements to permit 28 parking spaces (46 parking spaces required). 3. Non Use Variance of Parking requirements to permit a two-way driveway aisle to be 20 feet in width (22 feet required). 4. Non Use Variance of Parking Regulations requiring parallel parking stalls to be 9' x 20' (8' x 23' required). 5. Non Use Variance of Parking Regulations requiring a continuous extensively planted 5-foot wide greenbelt along all property lines abutting an official right-of-way line; to waive same to omit the required greenbelt along a portion of the front (east) property line. 6. Non Use Variance of Zoning Regulations requiring a 5-foot high masonry wall on the side(north)and rear(west)property lines where it abuts an RU district;to waive same to omit the required wall. Protests 1 Waivers 0 Ex-Parte 0 Action: [City Clerk's note: A protest letter from Matthew and Blanche Freund was distributed] City Clerk Brown-Morilla read the applicant's name, hearing number, location and then administered the oath to the witnesses for the Zoning hearings. City Attorney Dannheisser read a disclaimer for the Zoning hearings. City Clerk Brown-Morilla asked if there were any ex-parte disclosures, and there were none. Public Speakers: Monica Posin; Jorge Vera, Zoning Director; Herbert Abramson; Jack 2 Special City Commission Meeting Summary Minutes September 13,2001 Sunny Isles Beach,Florida Knopkin; Edith Sandquist; Roslin Brezin Jorge Vera recommended approval with conditions of request#1 (landscaping); approval of request#2(parking)as modified;withdrawal without prejudice of requests#3(driveway isles width),#4(parking stall size), and#5 (landscape greenbelt); and denial without prejudice of request#6(masonry wall). He also read the report from Jack Luft,City Planning Consultant. [City Clerk's note: Ms. Posit: submitted two color photographs of the area to help in the presentation.] Mayor Samson addressed the parking problems, and noted that there are no landscape plans. Vice Mayor Kauffinan noted that without clear plans or answers to the Mayor's questions, then a deferral was in order. Mr. Vera noted that there are pre-existing parking variances. Commissioner Iglesias agreed he also wanted to see a landscaping plan,but he was prepared to vote based on the fact that a landscaping plan must be provided to staff and have to meet with their approval. Mayor Samson repeatedly asked to see a landscaping plan before voting. Commissioner Edelcup recommended deferral, but suggested that when the request comes back, it be modified to provide landscaping by eliminating the 3 parallel parking spaces along Collins Avenue, and therefore request #4 would become a non-issue if the landscaping was put in the front; regarding installation of a wall, he suggested landscaping instead of a concrete wall, and agreed with Mr. Luft regarding moving the trash bin over to where parking space #1 is so the bin would be away from the back of the property. City Manager Russo suggested having Jorge Vera, Bill O'Leary and the applicant meet to discuss landscaping. Vice Mayor Kauffman moved and Commissioner Goodman seconded a motion for deferral to a date certain of November 15, 2001. The motion to defer was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Edelcup yes Commissioner Goodman yes Commissioner Iglesias y Vice Mayor Kauffman yes Mayor Samson yes 3C. Request of Kelco/Ocean Point LLC, Owner of the Property Located at 17375 Collins Avenue for the Following: (Hearing #Z2001-04) 1. Modification of Condition 1(B)of Resolution 00-Z-43 passed and adopted by the City Commission of the City of Sunny Isles Beach on the 24th day of February, 2000 reading as follows: From 1(B): That in the approval of the plan the same be in accordance with that submitted for the hearing entitled "Ocean Point Beach Club", prepared by Brito, Cohan&Associates dated 9-23-99 consisting of 9 pages and sheet A-1 dated revised 3 Special City Commission Meeting Summary Minutes September 13,2001 Sunny Isles Beach,Florida 2/23/00 and sheet A-10 dated revised 2/22/00. To: Plans are on file and maybe examined in the Building, Planning and Zoning Department entitled "Site Plan and Data", prepared by Brito, Cohan & Associates dated 6/29/01 consisting of 6 sheets, and plans entitled"Building Signage Site Plan, Elevations & Details", prepared by Brito, Cohan & Associates dated 4/27/01 and plans entitled"Kids Club Plan and Reflected Ceiling Plan",prepared by Brito,Cohan & Associates dated 4/09/01 consisting of 3 sheets. All requests approved under Resolution 00-Z-43 shall remain in effect. The purpose of this request is to allow the applicant to submit plans showing an existing hotel condominium development providing day care amenities for the guest, additional lockouts and a detached signage for the development. 2. Deletion of Condition 1(D) of Resolution 00-Z-43 passed and adopted by the City Commission of the City of Sunny Isles Beach on the 24th day of February,2000 reading as follows: 1(D): That the applicant voluntarily proffers a Declaration of Restrictions acceptable to the Building Official, to provide for 21 lockout units only, with strict prohibition on any sale of the lockout units as separate units. The purpose of this request is to remove the restrictions set forth in the resolution regarding the number of lockouts. 3. Non Use Variance of Setback requirements to permit a proposed detached sign for the proposed development to setback zero (0) feet (15 feet required) from the front west property line. 4. Non Use Variance of Sign Regulations to permit a 48 sq. ft. detached sign (24 sq. ft. permitted). Protests 0 Waivers 0 Ex-Parte 0 Action: City Clerk Brown-Morilla read the applicant's name, hearing number, location and then administered the oath to the witnesses for the Zoning hearings. City Attorney Dannheisser read a disclaimer for the Zoning hearings. Jorge Vera recommended approval with condition of request #1 (modification of plan) and request #2 (deletion of condition) and approval with modifications of non-use variance requests #3 and#4 for a detached sign to comply with the new regulations. He suggested bi- furcating the approval. Mr. Price noted that the identification sign would be 32 square feet with illumination(back-lit sign). [City Clerk's note: Mr. Price distributed five(5) color photographs of the area to help in his presentation.] 4 Special City Commission Meeting Summary Minutes September 13,2001 Sunny Isles Beach,Florida Public Speakers: Stanley Price, Esq.; Guido Brito, Architect; Jorge Vera, Zoning Director; William Lone; Cecille Sippen Commissioner Iglesias moved and Vice Mayor Kauffman seconded a motion for approval of request#1 with staff conditions,deleting request#2;and to bifurcate requests#3 and#4, deferring consideration of those requests until a date certain of Tuesday, October 16, 2001*. The motion was approved as Resolution No. 01-Z-61,by a roll call vote of 5-0 in favor. Vote: Commissioner Edelcup yes Commissioner Goodman Les Commissioner Iglesias yes Vice Mayor Kauffman yes Mayor Samson yes *[City Clerk's note: During discussion of this item,when trying to select a date-certain for the deferral, the City Clerk noted that at the next City Commission meeting there would be a proposal to change the Regular meeting in October from the 18th to the 25th. After discussion about various schedule conflicts, it was the consensus of the Commission that the Regular City Commission meeting in October should be changed from Thursday the 18th to Tuesday, October 16, 2001. That proposal will be formally considered on September 20, 2001.] • 4. ORDINANCES FOR FIRST READING 4A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the Negotiation of a Loan in an Aggregate Amount Not to Exceed Eleven Million Dollars ($11,000,000) from the Florida Municipal Loan Council; Approving the Refunding of Certain Outstanding Obligations; Approving the Execution and Delivery of a Loan Agreement with the Florida Municipal Loan Council,Attached Hereto as Exhibit"A"; Approving the Execution and Delivery of a Bond Purchase Agreement, Attached Hereto as Exhibit "B"; Approving the Execution and Delivery of a Disclosure Agreement, Attached Hereto as Exhibit"C";Providing for the Payment of Issuance Costs;Providing Certain Other Matters in Connection With the Making of Such Loan; Providing the City Manager with the Authority to Do All Necessary to Effectuate the Loan Agreement; Providing for an Effective Date. Action: *[City Clerk's note: two (2) revisions to the ordinance were distributed at the meeting.] City Clerk Brown-Morilla read the title and City Manager Russo presented his report. Commissioner Edelcup asked if the loan rates were competitively bid by the Florida Municipal Loan Council and the Manager said yes. Public Speakers: none Commissioner Iglesias moved and Vice Mayor Kauffman seconded a motion to approve the proposed ordinance 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,September 20,2001, at 7:00 p.m. 5 Special City Commission Meeting Summary Minutes September 13,2001 Sunny Isles Beach,Florida Vote: Commissioner Edelcup yes Commissioner Goodman Les Commissioner Iglesias yes Vice Mayor Kauffman yes Mayor Samson yes 5. RESOLUTIONS 5A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Incorporating Recitals,and Authorizing the City Manager to Negotiate with the Second and Third Ranked Firms Previously Selected by Resolution No. 2001-338, for Various Landscape Architectural Services,as Needed;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. City Manager Russo presented his report. Commissioner Iglesias noted that both firms were outstanding. Public Speakers: none Commissioner Goodman moved and Vice Mayor Kauffman seconded a motion to approve the resolution. Resolution No. 2001-360 was adopted by a voice vote of 5-0 in favor. 5B. New, Add-on Item A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a Project Grant Agreement — Acquisition between the City of Sunny Isles Beach and the Florida Department of Environmental Protection, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Accept a Grant Award of $200,000 from the Florida Recreation Development Assistance Program, for Acquisition of the Active Park Located at 181g— 182"d Drive and North Bay Road; Providing for an Effective Date. Action: [City Clerk's Note: The proposed item was distributed on Wednesday, September 12, 2001] City Clerk Brown-Morilla read the title. Public Speakers: none Vice Mayor Kauffman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2001-361 was adopted by a voice vote of 5-0 in favor. 5C. New, Add-on Item A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Incorporating the Recitals Contained Herein,Approving the Purchase of Seller's Rights to Easement Filed in Official Records Book 9175 at Page 50 of the Public Records of Miami- Dade County on December 10, 1975 Under the Terms and Conditions Provided in the 6 Special City Commission Meeting Summary Minutes September 13,2001 Sunny Isles Beach,Florida Contract of Purchase and Sale Attached Hereto as Exhibit "A"; Authorizing the City Manager to Execute Such Contract and Directing the City Attorney to Prepare Any Further Documentation to Effectuate the Transfer of Such Easement; Providing for an Effective Date. Action: [City Clerk's Note: The proposed item was distributed at the meeting] City Clerk Brown-Morilla read the title. City Attorney Dannheisser reported that there was a negotiated purchase price of$10,000 for the existing easement. Public Speakers: none Vice Mayor Kauffman moved and Commissioner Edelcup seconded a motion to approve the resolution. Resolution No. 2001-362 was adopted by a voice vote of 5-0 in favor. 5D. New, Add-on Item A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Incorporating the Recitals Contained Herein, Approving the Purchase of Golden Strand Parking Lot Under the Terms and Conditions Provided in the Contract of Purchase and Sale Attached Hereto as Exhibit"A";Authorizing the City Manager to Execute Such Contract and Directing the City Attorney to Prepare Any Further Documentation to Effectuate the Transfer of Such Easement; Providing for an Effective Date. Action: [City Clerk's Note: The proposed item was distributed at the meeting] City Clerk Brown-Morilla read the title. City Attorney Dannheisser and City Manager Russo reported. Mayor Samson questioned the reasonableness of the purchase price since the property is land- locked. Public Speakers: none Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2001-363 was adopted by a voice vote of 5-0 in favor. 6. ADJOURNMENT Commissioner Iglesias moved and Vice Mayor Kauffman seconded a motion to adjourn the meeting. The meeting was adjourned at 8:51 p.m. Respectfully submitted by: Approved by the ity Commission on October 16, 2001 n i: : 7 / ,t Richqfd Bio vn lvlonlla, ity Clerk David Samson, M.;or , N Is `j . l f; 7 I