HomeMy WebLinkAbout2000-0814 Regular City Commission Meeting SUMMARY MINUTES
Monday, August 14, 2000, 7:00 p.m.
CITY OF SUNNY ISLES BEACH, FLORIDA
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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 Connie Morrow
Commissioner Danny Iglesias
Commissioner Lila Kauffman
Commissioner Irving Turetsky
Acting City Manager James DeCocq
City Attorney Lynn Dannheisser
City Clerk Richard Brown-Morilla
2. PLEDGE OF ALLEGIANCE AND INVOCATION
Action: Richard Brown-Morilla led the Pledge of Allegiance to the flag, and Richard
Schulman gave an invocation.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting—June 15, 2000.
3B. Special City Commission Meeting—July 11, 2000.
3C. Regular City Commission Meeting—July 20, 2000.
Action: Commissioner Kauffman moved and Commissioner Iglesias 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)
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4A. ADDITIONAL INFORMATION:
Action: City Clerk Brown-Morilla reported that additional documents were submitted at the
meeting for agenda item 6A: (Zoning Hearing: Arlen House East Condominium Association
Appeal: Memorandum from City Attorney Lynn Dannheisser, with FDOT correspondence;
and a letter from Michael K. Feldman, Esq., with FDOT correspondence). A substitute
• resolution was submitted for agenda item 9E: (Resolution Approving Grant Agreements with
the State of Florida, Department of Community Affairs).
Summary Minutes:Special Cu) Commission Meetine August 14,2000 City of Sunny Isles Beach,Florida
5. SPECIAL PRESENTATIONS
5A. A Certificate of Appreciation to be Presented to Michael Bourgoin, President,Angelo's
Italian Ice. Inc.. in Recognition of His Volunteer Efforts at the Grand Opening of the Gilbert
Samson Memorial Park on July 21, 2000.
Action: Mayor Samson presented the Certificate of Appreciation to Michael Bourgoin who
had voluntarily provided free Italian Ices at the Grand Opening event in the Gilbert Samson
Memorial Park on July 21, 2000.
6. ZONING - ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. Request of Arlen House East Condominium Assoc. Inc. Et Al, Owner of the Property
Located at Northwest Corner of Bayview Drive (158th Street) and Collins Avenue for
the Following:
(Hearing #Z2000-04)
1. Appeal of Administrative Decision that the Zoning Director erred in his decision on
approving Administrative Site Plan ASPR No. 99-01.
Protests 0 Waivers 0 Ex-Parte 1
Action: (Public Hearing Continued from 7/20/00)
[City Clerk's note: additional documents were submitted at the meeting for agenda item 6A:
Memorandum from City Attorney Lynn Dannheisser, with FDOT correspondence; a letter
from Michael K. Feldman, Esq., with FDOT correspondence; a legal opinion from City
Attorney Lynn Dannheisser; a copy of Florida Statute, Chapter 14-96 from Carter
McDowell]
City Clerk Brown-Morilla read the applicant's name, hearing number, and asked if there
were any ex-parte disclosures. Vice Mayor Morrow disclosed an ex-parte event: she had
visited the site with Roslyn Brezin. Commissioner Iglesias said that he had visited the site
with City staff member Jorge Vera, but had not discussed the issue with non-staff.
Public Speakers: Michael Feldman, Esq.; Carter McDowell,Esq.;Community Planning and
Development Director Ivlarla Dumas; Joe Malkin; Roslyn Brezin; Gene Rosenfeld; Kobi
Karp; Walter Defortuna; Ruth Tycon
Carter McDowell,appeared on behalf of the developer,and distributed copies of Chapter 14-
96. Commissioner Iglesias said that in the past there had been a restaurant on the site with
direct access onto Collins Avenue.
Mayor Samson asked Carter McDowell to seek a letter from FDOT. McDowell noted that
the project has previously been approved by the County,and also by City staff. He said that
they sought an opinion letter that was provided on August 1, 2000, wherein Gus Pego,
Director of Operations for FDOT, wrote that "the introduction of a driveway on SR AlA
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Summary Minutes:Special Cin.Commission Meeting August 14.2000 City of Sunny Isles Beach,Florida
could present safety and operational problems due to the proximity of the signalized
intersection, travel speed on AlA and location of the bus stop."
Mayor Samson suggested that the Commission might defer the item again, and again asked
Mr. Feldman to seek a letter to approve or deny an access point on Collins Avenue.
Commissioner Iglesias said that if the developer could address a variety of safety concerns
regarding the proposed plans. He suggested to the developer that they force cars exiting the
site to make a "right-turn only onto Bayview Drive. Extend the sidewalk and put a new
cross-walk,physically extend the median on Bayview Drive and also at the guard house,and
move the gate easterly. He also suggested the developer put a gate at the exit of the site.
Vice Mayor Morrow moved and Commissioner Iglesias seconded motion to continue the
public hearing until Thursday, September 14, 2000 at 7:00 p.m. The motion was
approved by a voice vote of 5-0 in favor.
7. ORDINANCE FOR FIRST READING (Public Hearing)
None
8. ORDINANCES FOR SECOND READING (Public Hearings)
8A. An Ordinance of the City of Sunny Isles Beach,Florida,Amending Section 13 of Ordinance
No. 99-60 "Grounds For Denial" and Ordinance No. 98-45 Imposing an Occupational
License Tax; Further Providing for a Hearing Before a Special Master to Appeal a Denial
of an Application for an Occupational License; Establishing Guidelines for the City
Attorney and Code and Licensing Enforcement Official, or His Designee, to Conduct
the Hearing; Providing for a Repealer;Providing for Severability;Providing for Inclusion in
the Code; and Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Attorney Lynn Dannheisser
presented her report.
Public Speakers: none
Vice Mayor Morrow moved and Commissioner Kauffman seconded a motion to adopt the
ordinance on second reading. Ordinance No. 2000-102 was adopted by a roll call vote
of 5-0 in favor.
Vote: Commissioner Iglesias ves
Commissioner Kauffman ves
Commissioner Turetsky ves
Vice Mayor Morrow ves
Mayor Samson
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Summary Minutes:Special City Commission Meeting Aueust 14,2100 Cu)of Sunny Isles Beach,Florida
8B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,Amending
Section 33-8 of the Code of Miami-Dade County as Adopted by Section 8.3 of the Charter of
the City of Sunny Isles Beach, to Delete the Current Section and Create a New Section
Entitled "Certificates of Use", Creating Definitions; Providing for the Requirement of a
Certificate of Use; Providing for the Term of Certificate of Use and Transfer; Providing for
Application Procedures; Providing for an Origination Fee of$80;Providing for a$25 Annual
Renewal Fee: Providing for Specific Grounds for Denial; Providing for Renewals of
Certificates of Use; Providing for a Display of Certificate; Providing for Duties of the Zoning
and Code Administrator; Providing for Examination of Records and City Business Zoning
Classification Manual; Providing for Approval of Business Location; Providing for Lost or
Stolen Certificates; Providing for Circumstances Under Which a Certificate May be Deemed
Null and Void or Illegal; Providing for Revocation of Certificate of Use; Providing for
Procedures Pursuant to Which a Certificate of Use is Revoked; Providing for Right of
Inspection; Providing Penalties for Violations; Providing for a Transition Provision;
Providing for Severability; Providing for Repeal of Conflicting Provisions; Providing for
Inclusion in Code; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Code and Licensing Enforcement Officer
Chris Steers presented his report.
Public Speakers: none
Commissioner Turetsky moved and Commissioner Iglesias seconded a motion to adopt the
ordinance on second reading. Ordinance No. 2000-103 was adopted by a roll call vote
of 5-0 in favor.
Vote: Commissioner Iglesias ves
Commissioner Kauffman ves
Commissioner Turetsky yes
Vice Mayor Morrow yes
Mayor Samson yes
9. RESOLUTIONS
9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Amending
Resolution No. 2000-242 Establishing a Revised Schedule for City Commission Meetings
for the Remainder of Calendar Year 2000 by Calling for Special Meetings on September 7,
2000 and September 19,2000 for Fiscal Year 2000/01 Budget Hearings;Providing for an
Effective Date.
Action: City Clerk Brown-Morilla read the title and Acting City Manager James DeCocq
reported on the request.
Public Speakers: none
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No. 2000-261 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Special City Commission Meeting August 14,2000 City of Sunny Isles Beach,Florida
9B. A Resolution of the City Commission of the City of Sunny Isles Beach. Florida,
Awarding a Bid to Zabatt. Inc.. in the Amount of $17,375, for the Purchase and
Installation of an Emergency Generator for the Police Department and City Hall;
Authorizing the City Manager to Negotiate, Execute and Do All Other Things
Necessary to Effectuate a Contract; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Acting Public Works Director Jim
Watts gave his report.
Public Speakers: none
Commissioner Kauffman moved and Commissioner Turetsky seconded a motion to
approve the resolution. Resolution No. 2000-262 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 Negotiate a Three-Year Lease/Purchase Agreement with Bobby
Jones Ford,for Twenty(20)Police Package Vehicles for Fiscal Year 2000/01 at an Annual
Cost Not to Exceed $159,000, Which Will be Funded in the Upcoming Budget Years;
Further Providing the Contract is Subsequently Approved as to Form and Legal Sufficiency
by the City Attorney, the City Manager is Further Authorized to Execute the Contract and to
do All Other Things Necessary to Effectuate the Contract; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Police Chief Fred Maas presented his
report. Commissioner Kauffman asked where the additional vehicles would be parked.
Public Speakers: Cecille Sipin
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No. 2000-263 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, Approving
a Change Order,Attached Hereto as Exhibit"A", in an Amount Not to Exceed$20,000,for
the Installation of Additional Groundcover, Upgrading of Grass for Open Spaces at the
Passive Park,in Connection with the Existing Agreement by and between the City of Sunny
Isles Beach and Tropic Landscaping & Lawn Maintenance, Inc.; Providing for an
Effective Date.
Action: City Clerk Brown-Morilla read the title and Acting City Manager James DeCocq
presented his report.
Public Speakers: Gerry Goodman
Commissioner Kauffman moved and Commissioner Turetsky seconded a motion to
approve the resolution. Resolution No. 2000-264 was adopted by a voice vote of 5-0 in
favor.
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Summary Minutes:Special City Commission Meeting August 14.2O City of Sunray Isles Beach.Florida
9E. *A Resolution of the City Commission of the City of Sunny Isles Beach,Florida.Approving
a Contract. Attached Hereto as Exhibit "A", by and between the City of Sunny Isles Beach
and the Florida Department of Community Affairs for a Payment in the Amount of
$40,000 Payable Upon Submission of Proposed Land Development Regulations; Ratifying
Prior Awards Under Contract No. 99-DR-1F-11-23-02-005,Attached Hereto as Exhibit`B",
in an Amount of$40,000 Payable Upon Submission of a Draft Comprehensive Plan and a
Modification to Contract No. 00-DR-1F-11-23-02-001. Attached Hereto as Exhibit"C", in
an Amount of$40,000 Payable Upon Submission of the Proposed Comprehensive Plan and
Draft Land Development Regulations; Further Acknowledging that a Total Amount of
$120,000 has been Granted by the State of Florida to Assist in These Efforts;Authorizing the
Mayor to Execute Said Contract and Authorizing the City Manager and/or his Designee to
Take Any and All Action Necessary with Respect to the Obtaining and Distribution of Grant
Monies as Appropriate Without Further Approval of the Commission; Providing for an
Effective Date. * [City Clerk's Note: A substitute resolution and additional correspondence
was distributed at the meeting]
Action: City Clerk Brown-Morilla read the title and Community Planning and Development
Director Marla Dumas presented her report.
Public Speakers: none
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No. 2000-265 was adopted by a voice vote of 5-0 in favor.
10. MOTIONS
10A. Motion to Approve a Memorial Contribution to Ziff Jewish Museum of Florida.
Action: City Clerk Brown-Morilla read the title and Mayor Samson moved and
Commissioner Kauffman seconded a motion to approve the memorial contribution.
11. DISCUSSION ITEMS
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None
12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
13. ADJOURNMENT
The meeting was adjourned at 9:05 p.m.
Respectf}illy'siibinitted by: Approved he City Commi sion on September 14,2000
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ISichaittcrown-Morilla; City Clerk David Samson, Mayor
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