HomeMy WebLinkAbout1997-1120 Regular City Commission MeetingCITY OF SUNNY ISLES BEACH
City Hall, 17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida
MINUTES
CITY COMMISSION MEETING -- Thursday, November 20, 1997
I. CALL TO ORDER AND ROLL CALL: The meeting was called to order by the Mayor at 7:02 p.m.
The following officials were present:
Mayor David Samson
Vice -Mayor Irving Turetsky
Commissioner Danny Iglesias
Commissioner Lila Kauffman
Commissioner Connie Morrow
City Manager James DiPietro
City Attorney Lynn Dannheisser
Interim City Clerk Jonda Joseph
H. PLEDGE OF ALLEGIANCE:
ACTION: Commissioner Connie Morrow led the Pledge of Allegiance.
III. APPROVAL OF MINUTES:
ACTION. Commissioner Kauffman moved adoption of the minutes of the October 16, 1997, City
Commission meeting. The motion was seconded by Commissioner Morrow and approved by a vote of
5 -0 in favor.
IV. AGENDA/ORDER OF BUSINESS (additions /deletions /withdrawals)
Reflected in these minutes where appropriate.
V. SPECIAL PRESENTATIONS:
A. Richard Schulman presented the City Commission with a City of Sunny Isles Beach Archival
Scrapbook and a table.
VI. ORDINANCES:
A. FIRST READINGS:
1. Ordinance #97 -11, granting to BellSouth Telecommunications, Inc., non - exclusive permission in
the City of Sunny Isles Beach; authorizing BellSouth Telecommunications, Inc., to use the public
rights of way and streets of the City for the purpose of erecting, constructing, maintaining and
operating lines of telephone equipment thereon and thereunder; providing for a permission fee;
page 1 of 9 - Minutes of the November 20, 1997 City Commission meeting
providing the terms and conditions of such grant; providing for severability; providing for
inclusion in the code; and providing for an effective date.
ACTION. The City Clerk read the ordinance by title.
Commissioner Kauffman moved, and Commissioner Iglesias seconded a motion to approve the
ordinance on first reading. [Providing that new installations will be underground, repairs will be
made to streets and curbs for work done; limited to three, five -year terms.]
Public Speakers: Judge Manuel Ramos
The motion was approved by a roll call vote of 5 -0 in favor. Second reading and public
hearing will be on December 11, 1997.
Vote: Commissioner Kauffman M
Commissioner Morrow yra
Vice -Mayor Turetsky y
Commissioner Iglesias y
Mayor Samson y
2. Ordinance #97 -12, adopting the official seal of the City; providing for severability; providing for
inclusion in the code; and providing for an effective date.
ACTION. The City Clerk read the ordinance by title.
Public Speakers: Ralph Rankow
A motion to adopt a City seal was withdrawn. Commissioner Morrow moved, and Commissioner
Iglesias seconded a motion to defer the item until December 11, 1997, which was approved, by a
roll call vote of 5 -0 in favor. All proposed seals are to be submitted on 8.5" x 11" paper.
Vote: Commissioner Kauffman y
Commissioner Morrow
Vice -Mayor Turetsky
Commissioner Iglesias yca
Mayor Samson y
3. Odinance #97 -13, designating the City Commission as the Local Planning Agency for the City;
providing for transmittal; providing for severability; providing for inclusion in the code;
providing for an effective date.
ACTION. The City Clerk read the ordinance by title.
Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve the
ordinance on first reading, as amended, to provide in Section "A" that the Local Planning Agency
may also designate "corporations or firms" to prepare the Comprehensive Plan.
Public Speakers: none
The motion was approved by a roll call vote of 5 -0 in favor.
Second reading and public hearing will be on December 11, 1997
Vote: Commissioner Kauffman yam.
Commissioner Morrow ym
Vice -Mayor Turetsky
Commissioner Iglesias yam.
Mayor Samson y=
page 2 of 9 - Minutes of the November 20, 1997 City Commission meeting
4. Ordinance #97 -14, providing for and imposing a six month moratorium on the issuance of
permits for wireless transmission and tower facilities within the municipal limits of the City;
providing findings of fact; providing for the repeal of all ordinances or parts of ordinances in
conflict herewith; and providing for an effective date.
ACTION. The City Clerk read the ordinance by title.
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve the
ordinance on first reading.
Public Speakers: Joe Malkin, Arnold Klein, Maryanne Eicke
The motion was approved by a roll call vote of 5-0 in favor.
Second reading and public hearing will be on December 11, 1997
Vote: Commissioner Kauffman y.�s
Commissioner Morrow yg�
Vice -Mayor Turetsky y
Commissioner Iglesias yes
Mayor Samson M
VI. ORDINANCES:
b. SECOND READINGS: "PUBLIC HEARINGS"
1. Ordinance #97 -10, establishing purchasing procedures; designating a purchasing agent; providing
for limitations on purchases; providing for competitive bidding; establishing competitive bidding
and bid opening procedures; providing for awarding of bids; providing for waiver of competitive
bidding; providing for exemptions from competitive bidding; providing for repeal of conflicting
provisions; providing for severability, inclusion in the code and an effective date.
(See memorandum of law prepared by City Attorney)
ACTION. The City Clerk read the ordinance by title, and the Mayor opened the public hearing.
Public Speakers: Bonnie Klepper
Commissioner Kauffman moved, and Commissioner Morrow seconded a motion to adopt the
ordinance, as amended, to provide in section "5" on page 3, that a unanimous vote of the City
Commission will be required in order to waive competitive bidding. Ordinance 097 -10 adopted on
second reading, by a roll call vote of 5 -0 in favor.
Vote: Commissioner Kauffman
yca
Commissioner Morrow
yo
Vice -Mayor Turetsky
YrA
Commissioner Iglesias
y
Mayor Samson
yam.
page 3 of 9 - Minutes of the November 20, 1997 City Commission meeting
VII. RESOLUTIONS:
1. Resolution #97 -19, adopting an interlocal agreement with Metropolitan Dade County and
authorizing the Mayor to execute said agreement on behalf of the City; providing for an effective
date.
ACTION. Commissioner Morrow moved, and Commissioner Kauffman seconded approval of the
resolution. Resolution #97 -19 adopted, adopting the interlocal agreement for a term of six months,
by a roll call vote of 5 -0 in favor.
Vote: Commissioner Kauffman y a
Commissioner Morrow y
Vice -Mayor Turetsky
Commissioner Iglesias ym
Mayor Samson y
2. Resolution #97 -20, authorizing the purchase of a surety bond for the City Manager and
establishing an amount of bond pursuant to the provisions of the City Charter; providing for an
effective date.
ACTION: Commissioner Morrow moved, and Commissioner Iglesias seconded adoption of the
resolution. Resolution #97 -20 adopted, by a roll call vote of 5 -0 in favor
Vote: Commissioner Kauffman yam.
Commissioner Morrow yra
Vice -Mayor Turetsky
Commissioner Iglesias ym
Mayor Samson y9s
3. Resolution #97 -21, requesting the Florida Department of Transportation convey in accordance
with Section 337.25(4)(h), Florida Statutes, that certain .563 acres (Parcel 6075) lying between
the eastbound and westbound lanes of Sunny Isles Boulevard, west of State Road A -1 -A, more
particularly described in Exhibit "A" at no cost to the City; agreeing to utilize such property for
public purposes only; auhtorizing acceptance of a deed for subject land with a reverter clause;
expressing appreciation; and providing for an effective date.
ACTION. • Proposed Resolution #97 -21 withdrawn, as a result of a change in the State's intended
short-term use of the parcel as a retention pond. Bill O'Leary, landscape architect for the State of
Florida Department of Transportation, was introduced.
Public speakers: Bill O'Leary
Commissioner Kauffman moved, and Commissioner Morrow seconded a motion to accept the
Department of Transportation's proposal to use the area as a retention pond, and to accept the
State's landscaping of the parcel.
The motion was approved by a roll call vote of 4 -0 in favor, with 1 abstention.
Vote: Commissioner Kauffman
Commissioner Morrow y
Vice -Mayor Turetsky y a
Commissioner Iglesias abstain
Mayor Samson YM
page 4 of 9 - Minutes of the November 20, 1997 City Commission meeting
4. Resolution #97 -22, relating to pensions and retirement; authorizing the establishment of a
management level employee 401 money purchase plan; authorizing the City Manager to engage
ICMA Retirement Corporation as the administrator of the money purchase retirement plan in
accordance with the adoption agreement; authorizing the City of Sunny Isles Beach to serve as
trustee and authorizing the City Manager to do such other things as are necessary to establish said
plan; and providing for an effective date.
ACTION.- Commissioner Morrow moved, and Commissioner Kauffman seconded the proposed
resolution. Resolution #97 -22 was adopted by a roll call vote of 5 -0 in favor.
Vote: Commissioner Kauffman yQa
Commissioner Morrow
Vice -Mayor Turetsky yg�
Commissioner Iglesias yga
Mayor Samson y
5. Resolution #97 -23, relating to pensions and retirement; authorizing the establishment of an all
employees 401 money purchase plan; authorizing the City Manager to engage ICMA Retirement
Corporation as the administrator of the money purchase retirement plan in accordance with the
adoption agreement; authorizing the City of Sunny Isles Beach to serve as trustee and authorizing
the City Manager to do such other things as are necessary to establish said plan; and providing for
an effective date.
ACTION. Commissioner Morrow moved, and Commissioner Kauffman seconded the proposed
resolution. Resolution #97 -23 was adopted by a roll call vote of 5 -0 in favor.
Public speakers: Maryanne Eicke, John Shepard, Manny Lassar, Bob Lilienfeld
Vote: Commissioner Kauffman
Commissioner Morrow
Vice -Mayor Turetsky
Commissioner Iglesias Xt.
Mayor Samson
6. Resolution #97 -16, appointing the City Clerk of the City of Sunny Isles Beach, on terms and
conditions to be negotiated by the Mayor.
ACTION. Mayor Samson nominated Richard E. Brown for the position of City Clerk of the City of
Sunny Isles Beach. Commissioner Iglesias moved and Vice -Mayor Turetsky seconded confirmation
of Richard E. Brown to become the City Clerk. Resolution #97 -16 was adopted by a roll call vote
of 5 -0 in favor,
Vote: Commissioner Kauffman
yca
Commissioner Morrow
yes
Vice -Mayor Turetsky
y?a
Commissioner Iglesias
yg�
Mayor Samson
y
page 5 of 9 - Minutes of the November 20, 1997 City Commission meeting
VIII. MOTIONS:
1. Motions relating to pay and benefits (City Manager)
ACTION: The item was withdrawn.
2. Emergency motion to authorize the City Manager to apply for 1997 State of Florida Highway
Beautification Grant and take whatever action is necessary to achieve same (Commissioner Iglesias)
ACTION. After discussion, the item was deferred until December 11, 1997, at which time, the City
Commission will consider a fee for service agreement that is to be submitted by Bill O'Leary,
covering the cost of preparing landscape design plans and grant application.
3. ADD -ON ITEM
Mayor Samson announced that office furniture, secretarial cubicles, and conference room chairs
for City Hall could be purchased for $27,000.
ACTION: Vice -Mayor Turetsky moved, and Commissioner Iglesias seconded authorization to spend
up to $30,000 to purchase office furniture, secretarial cubicles, and conference room chairs for
City Hall, including chairs for the Commission chambers. The motion was approved by a roll call
vote of 5 -0 in favor.
Vote: Commissioner Kauffman
yra
Commissioner Morrow
y
Vice -Mayor Turetsky
Commissioner Iglesias
y
Mayor Samson
4. ADD -ON ITEM
The City Manager reviewed his efforts in regard to purchasing computer equipment, and he asked
for authority to spend $27,000. He suggested having a Committee, consisting of the Mayor, City
Attorney and City Manager, review bids.
ACTION: Vice -Mayor Turetsky moved and Commissioner Iglesias seconded authorization to purchase
computer equipment, which was approved by a vote of 5 -0 in favor.
Public speakers: Emanuel Pine
page 6 of 9 - Minutes of the November 20, 1997 City Commission meeting
IX. ZONING: (See Memorandum of Law re: zoning items prepared by City Attorney)
Collins Restaurant Group, Inc. d/b /a Black Angus Steakhouse;
Hearing #97 -389
Location: 18290 Collins Avenue, Sunny Isle Beach
Request:
(1) For non -use variance for zoning regulations limiting the sale of alcohol beverages for
consumption between 8:00 a.m. and 1:00 a.m. to very same to permit restaurant and bar with
sale of alcohol beverages between 8:00 a.m. and 6:00 a.m., and
(2) For non -use variance to zoning regulations limiting the sale of alcohol beverages for
consumption in restaurant Sundays between the hours of 1:00 p.m. and 1:00 a.m. and the
following day in bars between 5:00 p.m. and 1:00 p.m. the following day to very same to permit
restaurant and bar with sale of alcoholic beverages between 1:00 and 6:00 a.m. on the following
day.
ACTION: The City Clerk read the title, and administered the oath to the witnesses. Two Miami -Dade
County officials from the Department of Planning, Development Regulation addressed the Commission:
Al Torres presented the Zoning Division's recommendation in favor of the request, and Skip Skofield
presented the Planning Division's recommendation for approval of the requests with conditions.
Public Speakers: Al Torres; Skip Skofield; Lester Goldstein, Esq.; Dwayne Saliba - representing the
applicant; Selma Klein; Maryanne Eicke; Bonnie Klepper; Seymour Howard; and Judge Manuel
Ramos.
Mayor Samson expressed concern regarding statements that dancing was occurring in the restaurant.
At Torres clarified that the application was evaluated by County staff based on a bar and restaurant
use only, not on a nightclub use. He said the plans on file contain no reference to a dance floor, and no
plans were submitted with this application since it only involved a request to extend the hours of
operation. Mr. Goldstein stipulated for the record that the dance floor is less than 100 square feet,
and they would not expand the dance floor.
Vice -Mayor Turetsky moved, and Commissioner Morrow seconded approval of the two requested
non -use variances with conditions, which was adopted as Resolution No. 97 -Z-4, by a vote of 4 -1 in
favor.
The conditions are:
1. All usual conditions applicable in this case as required by the Zoning Division.
2. That food service be available during all hours of operation.
3. That if the restaurant use is abated, the bar use shall also be abated.
4. Entertainment, if any, shall be limited to no greater than a five -piece band and one vocalist.
5. The dance floor, if any, shall be limited to a size no greater than 100 square feet.
6. Applicant shall continue to operate the premises solely as a restaurant as defined in Section 33 -151
(g) of the Code of Metropolitan Dade County. Any further extension of hours of operation and/or
any nightclub use of the premises is strictly prohibited.
Vote: Commissioner Kauffman RQ
Commissioner Morrow
Vice -Mayor Turetsky y
Commissioner Iglesias
Mayor Samson
page 7 of 9 - Minutes of the November 20, 1997 City Commission meeting
IX. ZONING: (See Memorandum of Law re: zoning items prepared by City Attorney)
(2) Evelio Acosta
Hearing #V- 97- 000140
Location: 300 Atlantic Avenue, Sunny Isles Beach
Request:
(1) For administrative approval for a non -use variance of lot coverage requirements to permit a
proposed addition porta cochere to allow setback at 12.5' from the front where 25' is required,
and
(2) For a non -use variance lot coverage requirement to permit a Residence with lot coverage of 38%
(35% is required) maximum.
ACTION. The City Clerk read the title, and administered the oath to the witnesses. Al Torres, from the
Miami -Dade County Department of Planning and Development Regulation, presented the staff
recommendation in favor of the request for an administrative, non -use variance. He reported there are
no code violations of record on the subject property. City Attorney Dannheisser explained that since
this item was a request for an administrative variance, there was no requirement for public
advertisement in advance of the administrative decision. There will be public advertisement of the
decision, and residents will then have an opportunity to appeal the administrative decision. The process
for filing a complaint with Team Metro regarding any Code enforcement issues was also explained.
Public Speakers: Al Torres; Bob Geise
Commissioner Iglesias moved, and Commissioner Morrow seconded approval of the requested
administrative non -use variances, which was adopted as Resolution No. 97 -Z-5, by a roll call vote of
5 -0 in favor.
Vote: Commissioner Kauffman
yam.
Commissioner Morrow
y- .
Vice -Mayor Turetsky
y9a
Commissioner Iglesias
Mayor Samson
y
X. DISCUSSION ITEMS (none listed on the prepared Agenda):
A. Mayor Samson introduced Steven Reininger, Esq, and his daughter Samantha Reininger,
respectively the husband and daughter of our City Attorney.
B. Mayor Samson encouraged the City Manager to consider hiring off -duty police officers to provide
increased levels of public safety.
C. Mayor Samson introduced Dan Palmer, and thanked him for continuing to provide the City with free
public notices of ordinances, and City Commission Agenda listings in the Aventura News.
page 8 of 9 - Minutes of the November 20, 1997 City Commission meeting
D. Lester Goldstein, Esq., reported that his clients [see Agenda item LX (1)] wanted to make a
contribution of $2,500 to the City's Beautification Fund.
E. Mayor Samson encouraged the City Manager to consider hiring staff to handle Code Enforcement
issues.
F. Commissioner Kauffman requested the City Attorney to begin preparing a Sign Ordinance. While
comprehensive Zoning issues are being reviewed, it was suggested that some of the desired results
might be achieved by reporting concerns to Team Metro for current Code Enforcement.
G. Mayor Samson announced that the City Hall offices were tentatively scheduled to be nearly
completed by December 11, 1997.
H. Mayor Samson announced that the City Manager would be placing a job advertisement for Police
Chief.
I. Mayor Samson introduced police Major Cardeno from Golden Beach.
J. Commissioner Morrow requested the Commission to consider changing the adopted schedule for
future meetings of the City Commission, to change the meeting dates to any evening other than
Thursdays, since she has an on -going schedule conflict as a result of a business commitment.
The Mayor asked the City Attorney to place the item on the agenda for December 11, 1997.
K. Walter Moriarity, Publisher of The GoldCoast News, informed the Commission that beginning on
December 19th, his new publication was offering local municipalities the ability to advertise for free
on a full page on Thursdays.
XI. PUBLIC DISCUSSION:
A. Emanuel Pine described a recent security incident at a condominium, which highlighted a slow
Metro -Dade Police response time.
XII. ADJOURNMENT:
ACTION: There being no further business to discuss, Vice Mayor Turetsky moved, and Commissioner
Kauffman seconded a motion to adjourn, which was approved by a voice vote of 5 -0.
Respectfully submitted:
Richard E. Brown- Morilla, City Clerk
Approved by the City Commission
this 8th of Janua , 1998.
David Samson, Mayor
page 9 of 9 - Minutes of the November 20, 1997 City Commission meeting