Loading...
HomeMy WebLinkAbout2002 0319 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Tuesday, March 19,2002,7:30 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 ORDERlROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:32 p.m., with the following officials present: Mayor David Samson Vice Mayor Danny Iglesias Commissioner Norman S. Edelcup Commissioner Gerry Goodman Commissioner Lila Kauffman City Manager Christopher J. Russo (arrived at 7:37 p.m.) City Attorney Lynn M. Dannheisser (arrived at 7:38 p.m.) City Clerk Richard Brown-Morilla 2. PLEDGE OF ALLEGIANCE AND INVOCATION Action: Mayor Samson led the Pledge of Allegiance to the flag, and Richard Schulman gave the invocation. 3. APPROV AL OF MINUTES 3A. Regular City Commission Meeting - February 21,2002. Action: Commissioner Kauffman moved and Commissioner Edelcup seconded a motion to approve the February 21, 2002 Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. 4. ORDER OF BUSINESS (AdditionslDeletions/Amendments) 4A. Request to add the following new items to the agenda: 9G, changing the regular City Commission meeting date in May 2002; and 9H, approving an agreement with the South Florida Water Management District. Item 9F, Agreement for construction of City Hall was distributed. Action: Mayor Samson reported that there had been a handout of item 9F and there were Regular City Commission Meeting Summary Minutes March 19,2002 City of Sunny Isles Beach, Florida two requested add-on resolutions, agenda items 9G & 9H. Commissioner Kauffman moved and Vice Mayor Iglesias seconded a motion to add the above-referenced agenda items. The motion was approved by a voice vote of 5-0 in favor. 5. SPECIAL PRESENT A TIONS SA. Police Employee of the Month for March, 2002 - Officer Barbra Greco. Action: Police Chief Fred Maas introduced Police Officer Barbra Greco, and then read his report designating her as Police Employee of the Month for March 2002. He announced that Officer Greco had decided to relocate to Texas with her family. Chief Maas gave her a certificate, a check, and then presented her with a plaque from the City. Irving Diamond presented Officer Greco with a certificate and a check from the Concerned Citizens of Northeast Dade. Steven Lesnick gave Officer Greco a certificate and a check on behalf of the Citizens Public Safety Advisory Committee of Sunny Isles Beach. Mayor David Samson spoke about the wonderful job that Officer Greco has done and how greatly our community will miss her. Mayor Samson gave Officer Greco a plaque from the City Commission. 5B. Certificates of Appreciation for assistance with the Second Film and Photo Opportunity Boat and Bus Tour and Luncheon will be presented to the following members of the Fashion, Film, Entertainment and Production Council: Honey Scriff, Mark Neckes, Phillip Chernoff, Alberto Hurtado, and Chairperson Connie Morrow-March. Action: The above-mentioned Certificates of Appreciation were presented to the members of the Fashion, Film, Entertainment and Production Council. Certificates of Appreciation were also presented to Police Lieutenant Don Reynolds and Cultural & Human Services Director Susan Simpson. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. Action: Mayor Samson read an introductory statement regarding decorum and procedure. 6A. Request of Kids ABC, Inc., Owner of the Property Located at 225 _179th Drive, Sunny Isles Beach, Florida, for the Following: [Hearing #Z2002-01] 1. Unusual Use to permit a day care (age 2-6). 2 Regular City Commission Meeting Summary Minutes March 19.2002 City of Sunny Isles Beach, Florida 2. Non Use Variance of Zoning Regulations as applied to a building of public assemblage, to permit a proposed day care facility to setback 10.57 feet (50 feet required) from the interior side east property line. 3. Non Use Variance of Zoning Regulations requiring buildings of public assemblage to be spaced 75 feet from an existing residential building; to waive same to permit the proposed daycare to be spaced less than the required distance. 4. Non Use Variance of Parking Regulations requiring all parking spaces to be arranged so that there is no backout onto adjacent public or private street; to waive same to permit backout onto the street. Protests 94 Waivers o Ex-Parte 2: Goodman Action: [City Clerk's Note: Numerous Protest letters were distributed and received. Commissioner Goodmanfiled two ex-parte disclosures.] City Clerk Brown-Morilla read the applicant's name, hearing number, location and administered the oath to the witnesses for the Zoning hearing. He asked if there were any ex-parte disclosures, and Commissioner Goodman disclosed that he had listened, without comment, to the concerns of two individuals on this item. *City Attorney Dannheisser read a disclaimer for all of the Zoning hearings. Public Speakers: Isak Goodman There was discussion with Isak Goodman, the applicant, about the disclaimer that the City Attorney had read and whether he should ask for a deferral in light of Judge Fletcher's decision. City Clerk Brown-Morilla explained that if the item was deferred to an uncertain date in the future, Mr. Goodman would have to pay all expenses relating to fully re-noticing the new public hearing. Mr. Goodman asked that the item be deferred to a date uncertain. Commissioner Kauffman moved and Commissioner Edelcup seconded a motion to defer this item to a date uncertain. The motion was approved by a voice vote of 5-0 in favor. 6B. Request of S & G of Miami Beach, Inc., Owner of the Property Located at the Northeast Corner of Atlantic Boulevard and 17Sth Terrace, Sunny Isles Beach, Florida, for the Following: [Hearing #Z2002-03] [City Clerk's Note: The applicant had presented a written request for "an indefinite deferral. " ] 1. Use Variance to permit the proposed condominium development with a density of 101 units per acre (50 units per acre permitted). 2. Non Use Variance of Floor Area Ratio to permit proposed development with a 4.64 floor area ratio (maximum 2.5 FA.R. and possible F.A.R bonuses for a total F.A.R. 3 Regular City Commission Meeting Summary Minutes March 19.2002 City of Sunny Isles Beach, Florida of 2.90 permitted). 3. Non Use Variance of Lot Coverage requirements to permit proposed development with a lot coverage of 64% (40% permitted). 4. Non Use Variance of Setback requirements to permit proposed building to setback 25 ft (50 ft required) from the rear (north) property line, setback 10 ft (87.5 ft required) from the interior side (east) property line and setback 25 ft (87.5 ft required) from the side street (west) property line. 5. Non Use Variance of Setback requirements to permit proposed porte-cochere to set back 9 ft (25 ft required) from the side street (west) property line. 6. Non Use Variance of Parking Regulations as applied to tandem parking to permit 32% tandem parking (20% permitted). 7. Non Use Variance of Landscaping requirements to permit 28% landscaping open space (40% landscaping open space required). Protests 42 W ai vers o Ex -Parte o Action: [City Clerk's Note: Protest letters were distributed.] Stanley Price, Esq., stated that the applicant has requested an indefinite deferral. City Clerk Brown-Morilla said that if the City Commission approves a continuation to a date uncertain, the applicant would have to pay all expenses relating to fully re-noticing the new public hearing including the individual mailed notices, and Mr. Price agreed. Public Speakers: Stanley Price, Esq. Commissioner Kauffman moved and Commissioner Goodman seconded a motion to defer this item to a date uncertain. The motion was approved by a voice vote of 5-0 in favor. 6C. Request of LSB Investment Corp., Owner of the Property Located at the 18660 Collins A venue, Sunny Isles Beach, Florida, for the Following: [Hearing #Z2002-02] 1. Deletion of Condition' Id' of Resolution 00-Z-42 passed and adopted by the City Commission of the City of Sunny Isles Beach on the 24th day of February, 2000, reading as follows: (ld) That the applicant voluntarily proffers a Declaration of Restriction and a Unity of Title, acceptable to the Building Official, to provide the remainder of the required parking for the proposed commercial use on the parcel directly across Collins Avenue. The purpose of this request is to release a condition requiring a Declaration of Restrictions and Unity of Title on the property and submit a new Declaration of Restrictions and Unity of Title to include an adjacent parcel of land for parking. All other conditions and approvals under Resolution 00-Z-42 shall remain in effect. 2. Deletion of Condition 1 of Declaration of Restrictions and Unity of Title recorded in 4 Regular City Commission Meeting Summary Minutes March 19,2002 City of Sunny Isles Beach, Florida Official Record Book 19188 Page 2366 on July 10, 2000, reading as follows: (1) That Parcel "A" and Parcel "B" shall be considered as one plot and parcel of land and that no said plot and parcel of land shall be sold, transferred, devised or assigned separately, except in its entirety as one plot or parcel of land. Said parcels shall comply with approved building plans. The purpose of this request is to release an existing condition in a Declaration of Restrictions and Unity of Title and substitute it with a different parcel of land. 3. Non Use Variance of Zoning Regulations requiring a five (5) ft. high masonry wall to be erected along the property line separating two districts; to waive same to omit the wall along the rear west property line. Protests 1 Waivers o Ex-Parte I-Goodman Action: [City Clerk's Note: A protest letter was distributed; and Ellen Wynne submitted photos into the record. Commissioner Goodman filed one ex-parte disclosure.] City Clerk Brown-Morilla read the applicant's name, hearing number, location and administered the oath to the witnesses for the Zoning hearing. He asked if there were any ex-parte disclosures, and Commissioner Goodman said he had listened to Ellen Wynne. *City Attorney Dannheisser read a disclaimer for the Zoning hearing. Public Speakers: Barry Shelomovitz; Jorge Vera; Ellen Wynne Commissioner Goodman expressed a desire to consider the possibility of vacating the alley, and so he suggested a deferral until the vacation could be considered. Mayor Samson said he preferred to approve the request now and later to proceed to vacate the alley behind the property. Mr. Vera said that if the alley were to be abandoned, like a vacation, it would have to be the entire alley, not just behind this parcel. There was discussion about whether the request was to remove an existing wall, however it was clarified that the request was to remove the obligation of constructing a wall. Commissioner Edelcup moved and Vice Mayor Iglesias seconded a motion for approval of the request with the Zoning staff conditions. The motion was approved as Resolution No. 02-Z-67, by a roll call vote of 4-1 in favor. Vote: Commissioner Edelcup yes Commissioner Goodman no Commissioner Kauffman yes Vice Mayor Iglesias yes Mayor Samson yes 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission of the City Of Sunny Isles Beach, Florida, Requiring Issuance of Permits for Any Construction in Public Rights-of-Way or 5 Regular City Commission Meeting Summary Minutes March 19,2002 City of Sunny Isles Beach, Florida Works in Public Rights-of-Way; Providing for Conditions for the Issuance of Permits; Providing for Withholding of Permits; Providing for Permit Fees; Providing for the Submission of Permit Application; Providing for Penalties; Providing for Expiration of Permits; Providing for Exemption; Providing for Construction Bond; Providing for Indemnification; Providing for Protection of City Property; Providing for Emergency Permits; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Public Works Director James Watts reported. Public Speakers: none Commissioner Kauffman asked if the Public Works Department could place stop signs at exits from private property onto public streets, for example, exiting the Winston Towers buildings and Publix. Mr. Watts said he would look into it. Commissioner Goodman moved and Vice Mayor Iglesias 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, April 18,2002, at 7:30 p.m. Vote: Commissioner Edelcup yes Commissioner Goodman yes Commissioner Kauffman yes Vice Mayor Iglesias yes Mayor Samson yes 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 99-80, Permanent Point of Sales Signs in the RU-4 and RU-4A Districts Which Amended Section 33-103 of the Code of Miami-Dade County as Adopted by Section 8.3 of the City Charter, to Amend the Requirements for Temporary Construction Signs; Providing for a Repealer; Providing for Severability and Providing for an Effective Date. Action: Zoning Director Jorge Vera said the item was being withdrawn for additional modifications, and would be on the next agenda. 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 8A of the Code of Miami-Dade County, Florida, as Adopted by Municipal Charter Section 8.3 of the City of Sunny Isles Beach to Require Rental Car Companies Located Within the Corporate Limits of Sunny Isles Beach to Make Child Restraint Devices Available to Renters; Requiring Rental Car Companies to 6 Regular City Commission Meeting Summary Minutes March 19,2002 City of Sunny Isles Beach, Florida Notify Renters of Requirements Regarding Child Restraint Devices; Amending Chapter 8CC to Provide Penalties; Providing Inclusion in the Code; Providing for Severability; and Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title. Public Speakers: none Commissioner Kauffman moved and Vice Mayor Iglesias 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, April 18,2002, at 7:30 p.m. Vote: Commissioner Edelcup yes Commissioner Goodman yes Commissioner Kauffman yes Vice Mayor Iglesias yes Mayor Samson yes 8. ORDINANCES FOR SECOND READING (Public Hearings) 8A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Establishing a Monthly Parking Permit Fee for Parking Meters Located in the City; Providing for Purpose and Intent; Providing for the Issuance of Permits by the Public Works Department; Providing for the Revocation of Permits; Providing for Renewal of Parking Permits; Providing for Exclusion of Certain Types of Vehicles; Providing for Hours of Operation; Providing for Enforcement and Collection of Fees; Establishing an Hourly Meter Rate; Providing Authority to City Manager to Change Meter Rates by Ordinance; Providing for Transfer or Replacement of Permits; Providing for Penalty; Providing for Severability; Providing for Inclusion in Code; Providing for an Effective Date. (First Reading 2/21/02) Action: City Clerk Brown-Morilla read the title and Public Works Director James Watts presented his report. Public Speakers: none Mayor Samson questioned the applicability of the ordinance to existing agreements for parking under the William Lehman Causeway. Mayor Samson passed the gavel and moved, and Commissioner Edelcup seconded a motion to approve the ordinance. Ordinance No. 2002-150 was adopted by a roll call vote of 5-0 in favor. 7 Regular City Commission Meeting Summary Minutes March 19,2002 City of Sunny Isles Beach. Florida Vote: Commissioner Edelcup yes Commissioner Goodman yes Commissioner Kauffman yes Vice Mayor Iglesias yes Mayor Samson yes 9. RESOLUTIONS 9A. A Resolution of the Mayor and City Commission of the City of Sunny Isles Beach, Florida, Incorporating Recitals; Expressing Support for the Continuing Existence of the Human Rights Ordinance that Prohibits Discrimination Based on Sexual Orientation, as Adopted by Miami-Dade County's Board of County Commissioners in 1998; Opposing the September 10, 2002 Ballot Question that Would Repeal the Miami-Dade County Human Rights Ordinance No. 98-170; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Mayor Samson reported. Public Speakers: none Commissioner Kauffman asked what would happen in Sunny Isles Beach if on September 10,2002, county voters were to repeal Ordinance No. 98-170. City Clerk Brown-Morilla reviewed how the ballot question was put on the ballot. He noted that the City of Sunny Isles Beach has its own employment policy for City employees, which prohibits discrimination based on sexual orientation. He further explained that the City Commission could enact its own Human Rights Ordinance for the private sector of Sunny Isles Beach, just as the County Commission had done in 1998, and as the City of Miami Beach had done previously. Mayor Samson expressed support for doing so. Commissioner Kauffman moved and Commissioner Edelcup seconded a motion to approve the resolution. Resolution No. 2002-425 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 an Interlocal Agreement by and between the City of Sunny Isles Beach and Miami-Dade County, Attached Hereto as Exhibit "A", for Information Technology Consulting and Design Services for Website Development; Providing Authorization for the Mayor and City Manager to Execute the Interlocal Agreement; Providing the City Manager with the Authority to Make Necessary Changes to Said Agreement; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Alyce Hanson, Administrative Services Director reported. 8 Regular City Commission Meeting Summary Minutes March 19,2002 City of Sunny Isles Beach, Florida Public Speakers: none Commissioner Kauffman moved and Vice Mayor Iglesias seconded a motion to approve the resolution. Resolution No. 2002-426 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, Instructing the City Manager to Transmit a City Flag to Tallahassee to be Displayed Annually in the State Capitol During Dade Days; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title. Public Speakers: none Commissioner Kauffman moved and Commissioner Edelcup seconded a motion to approve the resolution. Resolution No. 2002-427 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, Reappointing Maurice Donsky as Special Master in Accordance with Ordinance No. 2001-141; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title. Public Speakers: none Vice Mayor Iglesias moved and Commissioner Edelcup seconded a motion to approve the resolution. Resolution No. 2002-428 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 $19,945.00 for the Purposes as Set Forth Herein; Providing for an Effective Date. [City Clerk's Note: foifeiture expenditures] Action: City Clerk Brown-Morilla read the title. Public Speakers: none Commissioner Kauffman moved and Vice Mayor Iglesias seconded a motion to approve the resolution. Resolution No. 2002-429 was adopted by a voice vote of 5-0 in favor. 9 Regular City Commission Meeting Summary Minutes March 19,2002 City of Sunny Isles Beach, Florida 9F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Proposed Construction Agreement between Owner-Contractor on a Cost of the Work Plus a Fee with the Negotiated Guaranteed Maximum Price by and between the City of Sunny Isles Beach and The Weitz Company, L.L.c., Approving a Construction Budget and Granting the City Manager the Authority to Increase the Budget as Necessary in an Amount Not to Exceed Ten Percent (10%) Over the Proposed Budget Contained Within the Construction Agreement; Authorizing the City Manager and City Attorney to Undertake All Things Necessary to Effectuate the Agreement; Providing an Effecti ve Date. Action: [City Clerk's Note: The documents were handed out at the meeting] City Clerk Brown-Morilla read the title. City Manager Russo and City Attorney Dannheisser both reported that they had worked hard on preparing the agreements, but there were additional modifications to be made that would require more time. Mayor Samson said he did not want the City Hall project delayed, and he asked how much additional time was needed to review the agreements. City Attorney Dannheisser suggested needing approximately 10 days. City Manager Russo reported that the Weitz Company was already working and meeting with the architects, Spillis, Candella. Mayor Samson expressed concern about having the contractor working without a written agreement in place. He expressed a preference to call a Special City Commission meeting to consider the item, rather than wait a full month until the Regular meeting on April 18, 2002. There was a consensus to call a Special Meeting (for this topic only) for Thursday, April 4, 2002 at 7:30 p.m. [City Clerk's note: see item 9-G below] Public Speakers: none 9G. Add-On *[City Clerk's note: this resolution was amended at the meeting; see item 9-F above] A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2002-424 Establishing a Revised Schedule for City Commission Meetings for the Calendar Year 2002, *by Addin2 a Special City Commission Meetin2 for Thursday. April 4. 2002. and by Changing the May 9, 2002 Regular City Commission Meeting to Tuesday, May 14,2002; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and reported. Public Speakers: none 10 Regular City Commission Meeting Summary Minutes March 19,2002 City of Sunny Isles Beach, Florida Commissioner Goodman moved and Commissioner Edelcup seconded a motion to approve the resolution as amended. Resolution No. 2002-430 was adopted by a voice vote of 5-0 in favor. After the vote, Mayor Samson repeated his opposition to revising the annual calendar of City Commission Meetings, once the calendar has been approved, for any individual's personal schedule changes, except for emergencies. 9H. Add-On A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement between the City of Sunny Isles Beach and South Florida Water Management District, Attached Hereto as Exhibit "A", to Receive $500,000.00 for the Golden Shores Drainage and Paving Project; Authorizing the City Manager to Execute Said Agreement and Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title. Mayor Samson asked if this was last year's money and City Manager Russo said yes, and that the current year's requested funds had not been rejected yet. Public Speakers: none Commissioner Edelcup moved and Vice Mayor Iglesias seconded a motion to approve the resolution. Resolution No. 2002-431 was adopted by a voice vote of 5-0 in favor. 10. MOTIONS None 11. DISCUSSION ITEMS 11A. Discussion on the Redevelopment of Sunny Isles Boulevard. Action: City Manager Russo asked for clarification on this item discussed at the February 21, 2002 City Commission meeting. He advised that the Related Group (a developer), wanted to meet with him regarding their proposed redevelopment project, taking it into another direction. He stated that his understanding of Vice Mayor Iglesias' presentation on February 21,2002, was: leaving the existing road configuration on Sunny Isles Boulevard, and narrowing by a lane the eastbound entranceway to the City, including the beautification of 9 feet on each side of increased right-of-way; allowing redevelopment to go forward totally through the private sector; adopting our overlay 11 Regular City Commission Meeting Summary Minutes March 19,2002 City of Sunny Isles Beach, Florida rezoning district (that needs to be worked on for Sunny Isles Boulevard); and the wires and things being moved to the north end. He reported that he had received a letter from the Related Group expressing an interest in Sunny Isles Boulevard for a major scale redevelopment, more along the lines of what Jack Luft was proposing. He said they would like to have a meeting to discuss that. He noted that if more than one member of the City Commission were present to participate in the discussion, it would be subject to the Sunshine. Mayor Samson said he would like to see something on paper of what they are contemplating, and suggested having a workshop so the entire City Commission could attend. City Clerk Brown-Morilla clarified the difference between a "workshop" versus a City Commission "meeting" saying that they cannot take action in a workshop and the public does not necessarily have a right to speak. City Manager Russo suggested that the developer may want a meeting before they meet in a workshop. Commissioner Edelcup said he preferred to hear from all possible developer's ideas. He clarified that since the City Commission has not made a final decision, they don't want to look in only one direction. City Attorney Dannheisser stated that the developer does not want to have a meeting in the public arena yet. Staff and one City Commissioner can sit in on individual meetings. There was a consensus that there be a public meeting. 11B. Add-On Vice Mayor Iglesias suggested that while the Land Development Regulations (LDR's) were being finalized, that the City Commission should be briefed on several sections at a time, so the Commission would have ample time to understand the complex issues. City Attorney Dannheisser agreed, then asked for clarification regarding if the City Commission wanted to instruct her that the LDR's were her top priority. There was a consensus on the issue. 12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 13. ADJOURNMENT The meeting was adjourned at 9:20 p.m. . "Respectfulix s~bmitted by: ~~~~ , , ' " .. Richard Brown-Morilla, City Clerk , David Samson, Mayor , . '~ 12