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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