HomeMy WebLinkAbout1997-0925 Regular City Commission MeetingMINUTES
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CITY COMMISSION REGULAR MEETING
SUNNY ISLES BEACH, FLORIDA
Thursday, September 25, 1997 Thunderbird Resort Hotel
7:00 P.M. Mezzanine Level
18401 Collins Avenue
I. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor
Samson at 7:05 P.M. The following Commissioners were present:
Mayor David Samson
Vice Mayor Irving Turetsky
Commissioner Daniel Iglesias
Commissioner Lila Kauffman
Commissioner Connie Morrow
City Attorney Lynn M. Dannheisser and Interim City Clerk Jonda K. Joseph
were also in attendance.
II. PLEDGE OF ALLEGIANCE: Commissioner Daniel Iglesias
III. APPROVAL OF MINUTES: September 11, 1997 Regular Meeting
Minutes of the September 11, 1997, regular meeting were approved with the
spelling correction of Susan Fried: MOTION: Vice Mayor Turetsky; SECOND:
Commissioner Iglesias; Unanimous vote of 5 -0.
IV. AGENDA/ORDER OF BUSINESS (Additions /Deletions)
Mr. Joseph Goldstein of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel,
representing Ocean One Condominium, requested ratification of a substantial
compliance determination previously made by Dade County for property known
as Ocean One Condominium located at 1941h Street and Collins Avenue. He
provided background and an explanation of the request. Mayor Samson
explained this item was approved by Dade County the next day after the City of
Sunny Isles Beach came into being.
At the Mayor's request, Thomas Daly, Petitioner, agreed to donate five feet on
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the north end of the property for additional access.
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Minutes, City Commission Regular Meeting
September 25, 1997
PUBLIC HEARING:
Mr. Howard KAndell, 19390 Collins Avenue, and Mrs. Bonnie Kleper,
Intracoastal Towers, raised concerns about traffic flow and signalization. Mayor
Samson offered to pursue the matter with Dade County, and asked Mr. KAndell
to send him a letter, expressin4'his concerns, as well as to contact Lee Watts of
Senator Margolis' office. Vice Mayor Turetsky indicated perhaps in the future a
patrol officer could be assigned to this area.
Mrs. Ellen Wynn, 272 — 189 Terrace, asked about parking spaces.
In response to the Mayor, the Petitioner stated wren the building is built, he will
remove the fence.
Mayor Samson and members of the Commission responded to the citizens'
concerns.
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The substantial compliance determination by Dade County for Ocean One
Condominium was ratified, with the donation of five feet at the northern boundary
for access purposes. MOTION: Commissioner Morrow, SECOND:
Commissioner Kauffman; Unanimous vote of 5 -0.
LIABILITY INSURANCE — A motion was adopted, authorizing the purchase of
$1 million liability insurance coverage. MOTION: Commissioner Morrow;
SECOND: Commissioner Kauffman; At the Mayor's request, Mr. DeOca will
renew the insurance coverage and consult with the Florida League of Cities for
their recommendation on adjustments, etc.
CITY MANAGER SEARCH — Mayor Samson noted the Search Committee and
Commission will meet on October 7, 1997, 10 A.M., at the Newport Beachside
Hotel in the penthouse. The meeting will be advertised and open to the public.
Individual meetings with candidates and commissioners will take place on
October 8, 1997.
CITY COMMISSION MEETINGS — Mayor Samson noted that future City
Commission meetings will be held at City Hall, 17070 Collins Avenue, Room
250.
BOAT JOURNEY BY SUNNY ISLES BEACH RESIDENTS — Mayor Samson
asked that a resolution be prepared by the Interim City Clerk to recognize a
Sunny Isles Beach family that traveled by boat from Sunny Isles Beach to
Minutes, City Commission Regular Meeting
September 25, 1997
3
Canada and back to Sunny Isles Beach. They will be invited to the October 16,
1997 City Commission for presentation of the resolution. Unanimous vote of 5 -0
FOOD DRIVE, SOUTH FLORIDA FOOD RECOVERY — Mayor Samson asked
that a resolution be prepared by the Interim City Clerk to support the South
Florida Food Recovery's humanitarian food drive. Unanimous vote of 5 -0.
SENIORS AS YOUTH MENTORS PROGRAM; Commissioner Kauffman
announced that one hundred senior volunteers are sought to tutor elementary
school children in reading. Volunteers will be trained. Transportation will be
provided.
PAINT COLOR, COLONIAL BUILDING; DESIGN REVIEW BOARD; Mayor
Samson indicated that through his efforts, the Colonial building will be repainted
in the near future. Once a City Manager is on staff, he will recommend the
formation of a design review board to regulate the color of buildings, etc.
PARKING METERS — Mayor Samson noted his intention to request installation
of parking meters in the area underneath the William Lehman Causeway and at
the entrance to the beach next to the Radisson Hotel. He invited public input on
this matter.
V. SPECIAL PRESENTATIONS: Installation of the City of Sunny Isles Beach and
special recognition of Mayor Samson by the Gold Coast Chamber of Commerce
will take place on November 1, 1997, at the Sea View Hotel. Also, the new
president of the Dade League of Cities will be installed at Williams Island.
VI. ORDINANCES:
(A) First Readings:
1. ORDINANCE #97-8, an ordinance of the City Commission of the
City of Sunny Isles Beach, Florida, adopting pursuant to Sections
8.3 and 8.9 of the municipal charter, an interim ordinance with
respect to the Metropolitan Dade County Zoning Code to adopt
same for the City with the modification that "City of Sunny Isles
Beach" be substituted for any reference to "Metropolitan Dade
County" and "Commission of the City of Sunny Isles Beach" be
substituted for "Board of County Commissioners, Director of
Building and Zoning, and Zoning Appeals Board "; providing
confirmation that staff services will be performed by Dade
County; providing Chapter 33 "Zoning" of the Dade County code
Minutes, City Commission Regular Meeting
September 25, 1997
is adopted by the city of Sunny Isles Beach; providing an
effective date (readopting transitional Ordinance #97 -1
The ordinance passed first reading, after read by title and a public hearing held.
MOTION: Commissioner Morrow, SECOND: Vice Mayor Turetsky; Unanimous
vote of 5 -0, with a roll call vote. as follows:
Mayor Samson
yes
Vice Mayor Turetsky
yes
Commissioner Iglesias
yes
Commissioner Kauffman
yes
Commissioner Morrow
yes
2. ORDINANCE #97 -9, an ordinance of the City of Sunny Isles Beach,
Florida, repealing Sections 336-44 through 338-47 of the Code of
Metropolitan Dade County; re- adopting Chapter 33 of the Code of-
Metropolitan Dade County; repealing conflicting provisions;
providing for severability; providing for inclusion into the Code;
and providing for an effective date.
The ordinance passed first reading, after read by title and a public hearing held.
MOTION: Commissioner Morrow; SECOND: Commissioner Kauffman; Vote of
4 -1, with a roll call vote, as follows:
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
(B) Second Readings:
yes
yes
no
yes
yes
Public Hearings"
I. ORDINANCE #97 -5, an ordinance of the City Commission of the
City of Sunny Isles Beach, Florida, adopting a General Fund
Operating and Capital Budget for the fiscal year commencing
June 16, 1997 and ending September 30, 1997; providing for post
audit; providing for expenditure of funds appropriated in the
budget; providing for an effective date.
The ordinance was adopted on second and final reading, after read by title and
a public hearing held. MOTION: Commissioner Iglesias; SECOND:
Commissioner Kauffman; Unanimous vote of 5 -0, with a roll call vote, as follows:
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Minutes, City Commission Regular Meeting
September 25, 1997
Mayor Samson
yes
Vice Mayor Turetsky
yes
Commissioner Iglesias
yes
Commissioner Kauffman
yes
Commissioner Morrow
yes
2. ORDINANCE #97-6, an ordinance of the City Commission of the
City of Sunny Isles Beach, Florida, adopting a General Fund
Operating and Capital Budget for the fiscal year commending
October 1, 1997 and ending September 30, 1998; authorizing
expenditure of funds established by budget; providing for
issuance of checks; providing for amendments; providing for
encumbrances; providing for an effective date.
PUBLIC HEARING:
Mr. Richard Schulman, 250 —174 Street, requested a copy of the budget.
Mr. Howard Kendell, 19390 Collins Avenue, raised various questions of a
general nature.
Commissioner Morrow suggested Mr. Schulman and Mr. Kendell further discuss
any questions with Mr. DeOca.
The ordinance was adopted on second and final reading, after read by title and
a public hearing held. MOTION: Commissioner Morrow, SECOND:
Commissioner Kauffman; Unanimous vote of 5 -0, with a roll call vote, as follows:
Mayor Samson
yes
Vice Mayor Turetsky
yes
Commissioner Iglesias
yes
Commissioner Kauffman
yes
Commissioner Morrow
yes
3. ORDINANCE #97 -7, an ordinance of the City Commission of the
City of Sunny Isles Beach, Florida, establishing the operating
departments of the.City; providing for severability and an
effective date.
A public hearing was held.
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Minutes, City Commission Regular Meeting 6
September 25, 1997
VII. RESOLUTIONS:
RESOLUTION #97 -15, a resolution of the City Commission of the City
of Sunny Isles Beach, Florida, establishing City Commission
meetings for 1998, providing for an effective date.
Discussion ensued wherein Mayor Samson noted if a meeting is not necessary it
could be cancelled, but he preferred to have two meeting dates set for each
month.
The resolution was adopted, as amended to establish the second and fourth
Thursday of each month for regular meetings. MOTION: Vice Mayor Turetsky;
SECOND: Commissioner Kauffman; Unanimous vote of 5 -0.
Mayor Samson noted this is the last time the Commission will meet at this
location. The next regular meeting of October 16, 1997 will be held at City Hall,
17070 Collins Avenue.
VIII. MOTIONS:
1. A motion to permit Commissioners to resubmit names for
committees previously approved and to defer further action until a
manager is employed (Mayor Samson)
At the request of the Mayor, the above noted motion was adopted. MOTION:
Commissioner Kauffman; SECOND: Commissioner Morrow, Unanimous vote of
5 -0.
2. A motion to rename the Cultural Arts Committee to be known
Cultural Arts and Recreation Committee
The above noted motion was adopted. MOTION: Commissioner Morrow,
SECOND: Commissioner Iglesias; Unanimous vote of 5-0.
3.
as the
A motion to authorize payment of consultant fees for Horacio Montes
DeOca for preparation of budget and related matters.
The above noted motion was adopted. MOTION: Commissioner Iglesias;
SECOND: Commissioner Morrow, Unanimous vote of 5 -0.
MinLites, City Commission Regular Meeting
September 25, 1997
IX. ZONING:
1. Hearing #97-CZ -SUN -2 (County #Z97 -00184)
Applicant: Aquamar 176h, Inc.
Location: 17545 and 17601 Collins Avenue
(Pinnacle)
A. Request for modification of Condition #2 of Resolutions 4-
ZAB- 405 -83, 4- ZAB- 42 -93, 5 -ZAB- 341 -95, to allow four
additional units on the uppermost floor.
B. Request for modification of Condition #1 of Resolution 5 -ZAB-
324-95, to allow applicant a five foot beach access easement
along northern portion of the property in lieu of the previously
approved southern portion of same.
C. Request for use variance to permit multiple family with 246
units and a proposed density of 55.74 units /acre. (where 50
units /acre permitted /242 units and 55 units /acre previously
approved)
D. Request for non -use variance of parking to permit 332 spaces
(467 required /460 previously approved)
All individuals to speak on this matter were sworn in by the court reporter.
The City Attorney noted that all items have been legally advertised, notices have
been mailed and the properties have been posted. Dade County Planning,
Development and Regulation is acting as the City's staff on this matter. The
record of this meeting includes the records of Dade County Planning,
Development and Regulation concerning these requests. This information is
available this evening at the meeting.
Mr. Al Torres of Dade County Planning, Development and Regulation, indicated
the Zoning Division recommends approval with the condition that all conditions
of the prior resolutions shall remain in full force and effect except as modified
here this evening. The Planning Division recommends denial without prejudice.
Mr. Skip Scolfield of Dade County Planning Division, Planning, Development
and Regulation, indicated the recommendation is a weak denial.
Mr. Stanley Price of Eckert Seamans Cherin & Mellott, representing the
Petitioner, Aquamar 176 Inc., made a presentation in support of the requests.
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Minutes, City Commission Regular Meeting 8
September 25, 1997
PUBLIC HEARING:
Mr. Rocco DeSango was concerned about beach access and accessibility of fire
rescue vehicles.
Mrs. Ellen Wynn, 272 — 189 Terface were concerned about beach access and
accessibility of fire rescue vehicles.
Mrs. Esther Propis, 17720 North Bay Road, was concerned about beach access
and the posting of no trespassing /private beach signs. She was also concerned
about setting precedent with respect to Request A.
Mr. Ralph Rankow, 231 — 174 Street, was concerned about the beach access
location and asked about building height.
Mr. Manual Ramos, 290 — 174 Street, was concerned about the Petitioner using
a court case in California and comparing that situation with Sunny Isles Beach.
He was concerned about beach access.
Mayor Samson responded to points raised by the citizens.
Mr. Price responded to points raised by the citizens. The Petitioner is required
to provide access points around the buildings for emergency vehicles. This is a
voluntary, and one of seven or eight other accessways.
The Commission discussed the matter and raised questions to staff and the
petitioner.
Requests A, B, C and D noted above were approved. The City Attorney will draft
a resolution, outlining the items and setting forth the approval. MOTION: Vice
Mayor Turetsky; SECOND: Commissioner Morrow, a passing vote of 4 -0,
Commissioner Iglesias abstained. A memorandum of voting conflict.filed by
Commissioner Iglesias.will be attached to these minutes. Please note that a
verbatim transcription of this matter is available.
2. Hearing #97 -9-62 -SUN -1 (County #Z97 -00183)
Applicant: Ocean Beach 167h, Inc.
Location: .16711 Collins Avenue
A. Request for modification of Conditions of Resolutions #4 -ZAB-
61 -90, 4- ZAB- 61- 13 -93, and 5-ZAB- 236 -96, declaration of
restrictive covenants to permit two additional units.
Minutes, City Commission Regular Meeting
September 25, 1997
B. Request for use variance to permit 214 units with a density of
59.49 units /acre (50 units /acre permitted /58.94 units /acre
previously approved)
C. Request for non -use variance of parking requirements to
permit a total of "385 parking spaces (413 spaces required)
All individuals to speak on this matter were sworn in by the court reporter.
E
The City Attorney noted that all items have been legally advertised, notices have
been mailed and the properties have been posted. Dade County Planning,
Development and Regulation is acting as the City's staff in this matter. The
record of this meeting includes the records of Dade County Planning,
Development and Regulation concerning these requests. This information is
available this evening at the meeting.
Mr. AI Torres of Dade County Planning, Development and Regulation, indicated
the Zoning Division recommends approval with the condition that all conditions
of the prior resolutions shall remain in full force and effect except as modified
here this evening.
Mr. Skip Scolfield of Dade County Planning Division, Planning, Development
and Regulation, indicated the Planning Director does not support use variances
in general.
Mr. Stanley Price of Eckert Seamans Cherin & Mellott, representing the
Petitioner, Aquamar 176 Inc., requested his remarks from the previous item be
made a part of the record for this petition. He summarized the requests.
PUBLIC HEARING:
Mrs. Roslyn Brezin, 300 Bayview Drive, asked questions about the number of
parking spaces.
Mr. Estelle Rodkin, 231 -174 Street, raised questions about Code requirements.
Mr. Price responded to points raised by the citizens.
The Commission discussed the matter and raised questions to staff and the
petitioner.
Minutes, City Commission Regular Meeting
September 25, 1997
10
Requests A, B, and C noted above were approved. The City Attorney will draft a
resolution, outlining the items and setting forth the approval. MOTION: Vice
Mayor Turetsky; SECOND: Commissioner Morrow, a passing vote of 4 -0,
Commissioner Iglesias abstained. A memorandum of voting conflict filed by
Commissioner. Iglesias will be attached to these minutes. Please note that a
verbatim transcription of this matter is available.
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X. PUBLIC DISCUSSION — noted under each item.
XI. ADJOURNMENT — The meeting adjourned at 9:30 P.M.
Approved on:
David Samson, Mayor
Attest:
Jonda K. Joseph, Interim City Clerk