HomeMy WebLinkAbout2001-0517 Regular City Commission Meeting SUMMARY MINUTES
Thursday, May 17, 2001, 7:00 p.m.
CITY OF SUNNY ISLES BEACH, FLORIDA
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AGENDA
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 Lila Kauffman
Commissioner Danny Iglesias
Commissioner Connie Morrow
Commissioner Irving Turetsky
City Manager Christopher J. Russo
City Attomey Lynn Dannheisser
City Clerk Richard Brown-Morilla
2. PLEDGE OF ALLEGIANCE AND INVOCATION
Action: Vice Mayor Kauffman led the Pledge of Allegiance to the flag, and Richard
Schulman gave an invocation.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting—April 17, 2001.
Action: Commissioner Morrow moved and Vice Mayor Kauffman 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 Item 9B before 7A.
Action: City Clerk Brown-Morilla requested that item 9B (Resolution Adding Two
Special City Commission Meetings)be heard before item 7A, and the City Commission
agreed . City Attorney Dannheisser asked to delete from agenda item 9B,the proposed l51
readings of the Impact Fees Ordinances from the proposed Special Meeting on May 29,
2001. City Clerk Brown-Morilla asked if there were any additions or deletions from the
agenda, and Commissioner Iglesias asked to add "City Priorities"under Discussion item
11. The item was added as 11C.
Summary Minutes:Regular City Commission Meeting May 17,2001 City of Sunny Isles Beach,Florida
5. SPECIAL PRESENTATIONS
5A. Presentation of the City of Sunny Isles Beach Audit Report for Fiscal Year 1999/2000.
Action: Mayor Samson introduced Gerry Chioca from the City Auditors,Rachlin Cohen
&Holtz who then presented the City of Sunny Isles Beach Audit Report for Fiscal Year
1999/2000.
5B. Police Officer of the Month for May, 2001 —Officer Michael Mulvey. ,
Action: Police Chief Fred Maas introduced Police Officer Michael Mulvey as Police
Officer of the Month for May, 2001 and presented him with a certificate, and a check.
5C. A Proclamation to be Presented Declaring the Month of May,2001,as Civility Month in
the City of Sunny Isles Beach.
Action: Mayor Samson read the Proclamation,and City Clerk Brown-Morilla will mail
it to the Florida Bar Association.
6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. 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 185th Street.
6. Non Use Variance of Parking Regulations to permit 100 percent tandem parking
(none permitted) with valet service.
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 the Mayor opened
the public hearing. City Attorney Dannheisser read a disclaimer. She noted the City's
disagreement with the reference in Peter Weiner's letter to possible, future re-Zoning of
the west side of Collins Avenue. [City Clerk's Note:a letter was submitted for the record
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Summary Minutes:Regular City Commission Meeting May 17,2001 City of Sunny Isles Beach,Florida
from Peter N. Weiner,on behalf of the applicant,requesting a deferral of the hearing until
September 13, 2001.]
Public Speakers: none
Vice Mayor Kauffman moved and Commissioner Turetsky seconded a motion to defer
the public hearing until September 13,2001 at 7:00 p.m. The motion was approved
by a voice vote of 5-0 in favor.
7. ORDINANCES FOR FIRST READING
7A1. Public Hearing
An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Ordinances 99-63,99-84 and 2000-108 Amending Article XIX,RU-4A,Hotel
Apartment House District, Sections 33-217 Through Section 33-223, of the Code of
Miami-Dade County, to Rename Said Section to "Mixed Use—Resort District (MU-
R)"as Designated on the Future Land Use Map of the Comprehensive Plan; to Provide
for Uses Permitted, Including Definitions; Site Plan Review — Generally; Site Plan
Review—Criteria; Minimum Lot Width and Area;Lot Coverage; Setback Requirements;
Maximum Building Width; Maximum Building Height; Required Beach Access
Easement; Floor Area Ratio; Maximum Dwelling Unit Density; Minimum Unit Size;
Subdivision of Hotels and Motels; Required Off Street Parking; Off Street Parking and
Loading Standards;Open Space; Trees; Accessory Use Design Standards; Providing for
Repealer, Severability and Inclusion in the Code; Providing for an Effective Date.
7A2. Alternate Ordinance*
*/City Clerk's Note:A revised memorandum dated May 15, 2001, had been added to the
agenda with Additional Documents (Alternate 7A2).]
Action: City Clerk Brown-Morilla read the title and Community Planning &
Development Director Marla Dumas gave a report and noted the difference in the
proposed Alternate Ordinance,particularly the difference in tower separation and page 4.
Public Speakers: Marla Dumas, Community Planning and Development Director;Jorge
Vera, Zoning & Code Administrator; Bill Lone; John Shepherd; Bard Brenner
Commissioner Iglesias questioned the proposal for hotel room size required for cooking
facilities and mini-refrigerator on page 4 Section 4(ii). It was agreed to change the
wording from 2,000 to"1,300 square feet of air conditioned space" in a hotel unit, and a
change on page 1 of 7A.
Commissioner Iglesias moved and Commissioner Morrow seconded a motion to approve
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Summary Minutes:Regular City Commission Meeting May 17,2001 City of Sunny Isles Beach,Florida
an amended version of 7A2 (on page 4, Sections 4(i), (ii) and (iii): by including in
section (i) the qualifying words "air conditioned space;" and changes to (ii) from
2,000 to"1,300 square feet of air conditioned space;"and changes in (iii)from 2,000
to "1,300 square feet of air conditioned space") approving the amended alternate
second 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,May 29,2001, at
6:30 p.m.
Vote: Commissioner Iglesias yes
Commissioner Morrow yes
Commissioner Turetsky yes
Vice Mayor Kauffman yes
Mayor Samson yes
7B. Public Hearing
An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Creating the Sunny Isles Boulevard Gateway Development Area, Incorporating All
Recitals, Issuing a Finding and Purpose for Such Ordinance and Providing for
Definitions; Providing for the Establishment of a Gateway Development and
Redevelopment Area;Providing that Any New Development or Redevelopment in Such
Area Shall Not Frustrate or Interfere With the City's Plans and Programs, Providing
Interim Standards for Development Within the Gateway Development Area,Providing a
Process for Review of Applications for Development Approval, Providing for an
Effective Period; Providing for Repealer, Severability and Effective Date.[City Clerk's
note: a revised proposed ordinance was submitted on May 15, 2001]
Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser gave her
report noting that a revised ordinance was before the City Commission for consideration.
Public Speakers: Stanley Price, Esq.; John Shepherd; Arie Steiger
Mr. Price asked to give his client, Arie Steiger, an assurance that if he does not build his
proposed gas station on Sunny Isles Boulevard, the City would guarantee him the same
profit if he were to wait for possible new changes in zoning, and then later decide to build
something else (for example an office building).
Commissioner Morrow asked if there is a plan for Sunny Isles Blvd. and Marla Dumas
explained that Luft Consultants and Siemon & Larsen Consultants are currently in the
process of reviewing and proposing a plan. Commissioner Morrow proposed holding a
planning charette that could be beneficial, and she asked for reactions to the idea.
Commissioner Morrow 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 Tuesday, May
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Summary Minutes:Regular City Commission Meeting May 17,2001 City of Sunny Isles Beach,Florida
29, 2001, at 6:30 p.m.
Vote: Commissioner Iglesias yes
Commissioner Morrow yes
Commissioner Turetsky yes
Vice Mayor Kauffman yes
Mayor Samson yes
After the vote, Mr. Price debated whether the ordinance was a"moratorium" ordinance
or not. He suggested that the City Attorney review the case of Jayson v. Dade County.
Vice Mayor Kauffman said that the City Commission would not hurt his client.
8. ORDINANCES FOR SECOND READING (Public Hearings)
8A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Providing for a Policy on Utilization of the City Computer Network, Including
Electronic Communications Via the Internet and Electronic Mail, Providing for
Acceptable and Unacceptable Uses of Internet Services and Electronic Mail; Creating
Exceptions;Providing for a Disclaimer of City Liability;Providing for Responsibility of
Employees;Providing for Public Records;Providing for Right of Inspection;Authorizing
the City Manager to Establish Security Policy; Providing for Severability and an
Effective Date. (First Reading 4/17/01)
Action: City Clerk Brown-Morilla read the title and City Attorney Lynn Dannheisser
presented her report.
Public Speakers: none
Vice Mayor Kauffman moved and Commissioner Morrow seconded a motion to adopt
the ordinance. Ordinance No. 2001-120 was adopted by a roll call vote of 5-0 in
favor.
Vote: Commissioner Iglesias ves
Commissioner Morrow yes
Commissioner Turetsky yes
Vice Mayor Kauffman y
Mayor Samson yes
9. RESOLUTIONS
9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Adopting Administrative Regulation No. 1-10,in Accordance with Ordinance No.99-
62; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Manager Russo presented his
report. [City Clerk's Note:Acceptable Use/Policy Regarding City Computer Networking
and Electronic Mail/Intemet]
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Summary Minutes:Regular City Commission Meeting May 17,2001 City of Sunny Isles Beach,Florida
Public Speakers: none
Vice Mayor Kauffman moved and Commissioner Turetsky seconded a motion to
approve the resolution. Resolution No. 2001-329 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,
Amending Resolution No. 2001-312 Establishing a Revised Schedule for City
Commission Meetings for the Remainder of Calendar Year 2001, By Adding a Special
Meeting on Tuesday,May 29,2001 and on Thursday,July 12,2001;Providing for an
Effective Date.
Action: [City Clerk's note: this item was heard before item 7A] City Clerk Brown-
Morilla read the title and noted that City Attorney Dannheisser had said that the proposed
first reading of the Developer Impact Fees Ordinances would not be included in the
Special meeting on May 29, 2001.
Public Speakers: none
Commissioner Morrow moved and Vice Mayor Kauffman seconded a motion to approve
the resolution. Resolution No. 2001-328 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 File a Loan Application with the State of Florida for
a Loan in the Amount of$670,000 Under the State Revolving Fund Loan Program
for Stormwater Activities;Providing the City Manager with the Authority to Negotiate
a Loan Agreement with the State;Providing for Limitations on Borrowing;Establishing
Pledged Revenues;Designating Authorized Representatives;Providing for an Effective
Date.
Action: City Clerk Brown-Morilla read the title and Assistant City Manager James
DeCocq presented his report.
Public Speakers: none
Commissioner Turetsky moved and Commissioner Morrow seconded a motion to
approve the resolution. Resolution No. 2001-330 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,
Accepting a $4,000 Donation From Coscan Ocean Point L.L.C., to be Utilized for
Landscaping Along the Southern Boundary in the Oceanfront Park; Providing for an
Effective Date.
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Summary Minutes:Regular City Commission Meeting May 17,2001 City of Sunny Isles Beach,Florida
Action: City Clerk Brown-Morilla read the title and Assistant City Manager James
DeCocq presented his report.
Public Speakers: none
Vice Mayor Kauffman moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No. 2001-331 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,
Authorizing the Chief of Police, in Accordance with Section 932.7055, F.S. to Expend
$10,000 for the Purposes as Set Forth Herein; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Police Chief Fred Mans presented his
report noting that the money is from proceeds of confiscations.
Public Speakers: none
Commissioner Morrow moved and Commissioner Turetsky seconded a motion to
approve the resolution. Resolution No.2001-332 was adopted by a voice vote of 4-0-
1 in favor (Commissioner Morrow away from table).
9F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the City Manager to Receive and Expend Monies From the Florida
Department of Law Enforcement,Local Law Enforcement Block Grant Program in
the Amount of $11,337.55 Representing a 90% ($10,000) Grant Award and 10%
(51,337.55) in City Matching Funds; Further Authorizing the City Manager to Do All
Things Necessary; to Provide Matching Funds as May be Required; Providing for an
Effective Date.
Action: City Clerk Brown-Morilla read the title and Police Chief Fred Maas presented his
report.
Public Speakers: none
Vice Mayor Kauffman moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No.2001-333 was adopted by a voice vote of 4-0-1 in favor
(Commissioner Morrow away from table).
9G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving Four (4) Purchase Orders to Dell Computers for the Purchase and
Maintenance of Computers, Printers and Battery Back-Ups in an Amount Not to
Exceed a Price of 513,310, Attached Hereto as Exhibits "A", "B", "C" & "D';
Authorizing the City Manager to Execute Purchase Orders and Do All Things Necessary
to Effectuate the Terms; Providing for an Effective Date.
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Summary Minutes:Regular City Commission Meeting May 17,2001 City of Sunny Isles Beach,Florida
Action: City Clerk Brown-Morilla read the title and Police Chief Fred Maas presented his
report.
Public Speakers: none
Commissioner Turetsky moved and Commissioner Iglesias seconded a motion to
approve the resolution. Resolution No. 2001-334 was adopted by a voice vote of 5-0
in favor.
10. MOTIONS
None
11. DISCUSSION ITEMS
11A. Request of Commissioner Connie Morrow to Discuss Her Recommendation that the City
Sponsor Free Computer Training Classes for Residents.
Action: Commissioner Morrow presented her recommendation.
Public Speakers: none
City Manager Russo read a memo from Commissioner Morrow and noted that if the City
Commission was in favor of the proposal, it could be handled by the Recreation
Department.Vice Mayor Kauffman asked if there would be a cost associated with taking
on the project. Commissioner Morrow responded that the City has S6,000 worth of
valuable computer training tapes going un-used, but which could be used to benefit the
training of our residents. Mayor Samson suggested that Commissioner Morrow place an
article in the paper asking for volunteers to operate it. City Manager Russo said he
would look into the proposal.
11B. Discussion regarding a Waiver of Ordinance No. 98-34, as amended by Ordinance
No. 2000-94 (Construction Noise Ordinances), for the Florida Department of
Transportation (FOOT) to Work on the William Lehman Causeway Overpass.
Action: City Manager Russo reported.
Public Speakers: none
11C.ADD-ON:Requested by Commissioner Iglesias
Discussion regarding "City Priorities"
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Summary Minutes:Regular City Commission Meeting May 17,2001 City of Sunny Isles Beach,Florida
Action: Commissioner Danny Iglesias said there are numerous critical projects the staff
members are very busy working on,but he noted that at times the City's priorities are not
clearly articulated. He proposed that since the City was entering a critical time and might
be facing a reduction in services, we should have a City Commission Workshop to
prioritize the numerous projects.
Mayor Samson said the real problem is currently money, and he asked everyone to be
patient. He commented that the easy thing would be to raise taxes,but that we would not
be raising taxes. Commissioner Iglesias again repeated that the Commission needed to
give direction to the staff about priorities.
Commissioner Iglesias asked the City Manager and the City Attorney for their thoughts
regarding work load and priorities. City Manager Russo said we would benefit from
prioritizing. He suggested having a workshop in June,and that we start with a discussion
of the financial health of the City.
Commissioner Turetsky said he was in favor of having a workshop. Commissioner
Morrow called for a charette. City Manager Russo agreed to have a workshop, starting
with financial issues.
Public Speakers: none
12. CITIZENS' FORUM: REQUESTS,PETITIONS&OTHER COMMUNICATIONS
13. ADJOURNMENT
The meeting was adjourned at 8:58 p.m.
Respectfully submitted by: Approv s ,y the Cit o 'ssion on June 21, 2001
RRichardBrrbvjn-Morilla, City Clerk l David Samson, Mayor
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