HomeMy WebLinkAbout2000-0914 Regular City Commission Meeting SUMMARY MINUTES
Thursday, September 14, 2000, 7:00 p.m.
CITY OF SUNNY ISLES BEACH, FLORIDA
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CALL TO ORDER/ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Samson at 7:00 p.m., with the following
officials present:
Mayor David Samson
Vice Mayor Connie Morrow
Commissioner Danny Iglesias
Commissioner Lila Kauffman
Commissioner Irving Turetsky
City Manager Christopher J. Russo
City Attorney Lynn Dannheisser
City Clerk Richard Brown-Morilla
2. PLEDGE OF ALLEGIANCE AND INVOCATION
Action: City Manager Christopher Russo led the Pledge of Allegiance to the flag, and
Richard Schulman gave the invocation.
3. APPROVAL OF MINUTES
3A. Special City Commission Meeting—August 14, 2000.
Action: Vice Mayor Morrow moved and Commissioner Kauffman seconded a motion to
approve the Summary Minutes. The motion was approved by a voice vote of 5-0 in
favor.
3B. Special City Commission Meeting/First Budget Hearing— September 7, 2000.
Action: Commissioner Kauffman moved and Vice Mayor Morrow 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)
4A. Request to Hear Items.
Action: The following items were distributed at the meeting: 6A-Zoning Hearing No.
Z2000-06(Five Seas Investors, Inc.),Correspondence from Mrs.A.J. Green in Protest of
Newport Beach Tower; 9C — Donation of Old Cell Phones; Revised Commission
Memorandum (page 157 in agenda package) and Exhibit "A" (page 160 in agenda
• package)to reduce the number of phones from 13 to 11; 9E-Revised Resolution(page
166 in agenda package)to authorize payment for relocation expenses to Atlas Van Lines,
Inc., not as a reimbursement to the City Manager].
Summary Minutes-Regular City Commission Meeting September 14,2000 City of Sunny Isles Beach,Florida
Action: Vice Mayor Morrow moved and Commissioner Kaufman seconded a motion to
approve the Order of Business. The motion was approved by a voice vote of 5-0 in
favor.
5. SPECIAL PRESENTATIONS
5A. Police Employee of the Month for September, 2000— Officer Michael Mulvey.
Action: Police Chief Fred Maas introduced Officer Mulvey and presented him with a
Certificate.
5B. Presentation to Sunny Isles Beach Police Officers by the Drug Enforcement
Administration (DEA).
Action: Chief Fred Maas presented awards to Sergeant Steve Diaz and Officer Ray
Zamora on behalf of the Drug Enforcement Administration (DEA).
5C. Presentation of Plaques to the Fay Parkin Foundation and to Norman S. Edelcup, in
Appreciation of Their Generosity Towards the City of Sunny Isles Beach.
Action: [City Clerk's note: see agenda item 9A, below]. The plaques were presented
by Mayor Samson, who also thanked Richard Schulman.
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 2
Action: (Continued from 8/14/00 and from 7/20/00)
[City Clerk's Note: Correspondence from Mrs. A.J. Green in protest of Newport Beach
Tower was handed out at meeting.] Mayor Samson read a statement regarding procedure
and decorum. City Clerk Brown-Morilla read the applicant's name, hearing number,
location and then administered the oath to the witnesses for the Zoning hearings*. City
Attorney Dannheisser read a disclaimer for the Zoning hearings*.
City Clerk Brown-Morilla asked if there were any ex-parte disclosures. Commissioner
Iglesias disclosed an ex-parte discussion with Joe Malkin that occurred during a site visit
he made with Jorge Vera.
Public Speakers: Michael Feldman,Esq.;Jorge Vera;Marla Dumas;Stanley Price,Esq.;
Lester Goldstein, Esq.; Frank Gordon; Seymour Blau; Joe Malkin; Dr. Steven Zucker
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Summary Minutes-Regular City Commission Meeting September 14,2000 City of Sunny Isles Beach,Florida
Mr. Feldman, speaking on behalf of the appellant, disputed the accuracy of the 8/14/00
Summary Minutes,denying that the Mayor had asked him to obtain a letter from FDOT.
On behalf of the developer, Mr. Price offered to make and pay for the physical changes
that were suggested by Commissioner Iglesias on August 14, 2000. Mr. Price asked
questions of Lester Goldstein, Esq. and Frank Gordon who appeared as witnesses.
Commissioner Iglesias summarized a review of the prior discussions and his
recommendations. Commissioner Kauffman asked what distinction exists now as
compared to when there was a traffic cut onto Collins Avenue from a restaurant. Mr.
Price said that the FDOT standards have changed. Vice Mayor Morrow questioned Mr.
Feldman why the appellants had not produced any expert witnesses to help make his
case. She complained that without any evidence to support his arguments, the only
evidence that was available had been presented by City staff and the developer.
Vice Mayor Morrow moved and Commissioner Turetsky seconded a motion to deny
the appeal of the applicant provided the developer provides a plan meeting the
conditions. 14r. Price agreed to engineer and submit a plan that is acceptable to
City staff prior to the issuance of a building permit. City Attorney Dannheisser
clarified the motion as: to deny the appeal of the appellant on the condition that
the developer submit an engineering plan, that meets with the approval of City
staff, regarding the modifications to create a safe traffic pattern of ingress and
egress, and be at the sole expense of the developer. The motion was approved as
Resolution No. 2000-Z-51, by a roll call vote of 5-0.
Vote: Commissioner Iglesias yes
Commissioner Kauffman y
Commissioner Turetsky yes
Vice Mayor Morrow y
Mayor Samson Les
6B. Request of North Beach Development Group Inc., Owner of the Property Located at
15701 Collins Avenue for the Following: (Hearing #Z2000-07)
1. Deletion of a Declaration of Use recorded on May 2, 1989 in Official Record Book
14091 Pages 4733 through 4735 of Miami-Dade County.
The purpose of this request is to delete the apartment motel use and allow a proposed
apartment hotel development.
2. Non Use Variance of Floor Area Ratio(F.A.R.)to permit a proposed development
with a total F.A.R and bonuses of 3.29 (maximum 2.5 F.A.R. and possible F.A.R
bonuses for a total F.A.R. of 3.14 permitted) (30% amenities bonus pursuant to
Section 33-222(4)(b)(i) is calculated in the total bonus and floor area ratio).
3. Non Use Variance of setback requirements to permit the proposed underground
parking garage to setback 7 ft (25 ft required) from the interior side north and south
property lines.
Protests 0 Waivers 0 Ex-Parte 0
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Summary Minutes-Regular City Commission Meeting September 14,2000 City of Sunny Isles Beach,Florida
Action: City Clerk Brown-Morilla read the applicant's name, hearing number, and
asked if there were any ex-parte disclosures. There were no ex-parte disclosures.
Public Speakers: Robert Flavell,Esq.;Enrique Soltanik,President of DSP Construction
LLC; Marla Dumas; Kendrick Whittle, Esq.; Robert Henderson; Jay Gamberg, Esq.;
Judy Schulman
Mr. Flavell said the developer is providing two beach access. Jorge Vera read his report
that includes a positive recommendation with 14 conditions. Marla Dumas summarized
her conditions.
Kendrick Whittle,Esq. submitted a package of documents,and contested the applicant's
ownership of the property. City Attorney Dannheisser said that this was a zoning
matter, and as long as there is disclosure of the property ownership and any contractual
rights to purchase, the City Commission may decide the zoning issues.
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to
approve the application with the conditions of Planning and Zoning staff,and with
one driveway cut onto Collins Avenue from the site. The motion was approved as
Resolution No. 2000-Z-52, by a roll call vote of 3-2 in favor (Turetsky, Morrow).
Vote: Commissioner Iglesias Les
Commissioner Kauffman yes
Commissioner Turetsky yes
Vice Mayor Morrow ves
Mayor Samson yes
6C. Request of Five Seas Investors, Inc., Owner of the Property Located at 16701 Collins
Avenue for the Following: (Hearing #Z2000-06)
1. Modification of Condition 1 (B) of Resolution 98-Z-21 passed and adopted by
the City Commission of the City of Sunny Isles Beach on the 17'h of September,
1998 reading as follows:
From 1 (B): That in the approval of the plan the same be in accordance with that
submitted for the hearing entitled "Westgate Condominium" prepared
by Kobi Karp consisting of 31 sheets dated 7/10/98 and landscape plans
prepared by Witkin Design Group dated 7/14/98 consisting of 3 sheets.
To: That in the approval of the plan the same be in accordance with that
submitted for the hearing entitled"Newport Beach Tower",prepared by
Kobi Karp consisting of 14 sheets dated 7/7/2000.
2. Non Use Variance of Landscaping requirements to permit 14% landscaping
(17.22% landscaping required).
The purpose of this request is to allow the applicant to submit revised plans for the
previously approved condominium hotel.
Protests 0 Waivers 0 Ex-Parte 1
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Summary Minutes-Regular City Commission Meeting September 14,2000 City of Sunny Isles Beach,Florida
Action: City Clerk Brown-Morilla read the applicant's name, hearing number, and
asked if there were any ex-pane disclosures, and Mayor Samson disclosed that on four
occasions he was approached by people speaking in favor of the request.
Public Speakers: Stanley Price, Esq.; Kobi Karp;Jorge Vera; Marla Dumas;Bill Lone;
Cecile Sippin; Gerry Goodman; Herb Abramson; Nick Gaulitas
Kobi Karp presented a three-dimensional site plan of the neighborhood, a historic
photograph and current aerial photos of the area. Jorge Vera disclosed a defect in the
City's legal notice.
Commissioner Kauffman asked about the zoning of the site. Mr. Vera suggested that
the proposal was not compatible with the surrounding area,nor with the Comprehensive
Plan. Commissioner Iglesias asked where the construction staging would occur. Mr.
Karp said that John Shepherd had said the access would be through the Pier Park.
Marla Dumas expressed concerns that might be raised as to potential fiscal liability for
the City as a result of the"permit agreement"for use of the Park regarding income and
lease. She noted the need to amend the agreement to clarify that if the County decides
that property tax is due, the lessee would be obliged to pay the tax. She also reviewed
other concerns detailed in her report. Mr. Price said that he agreed to her conditions
including the landscaping on site and within the public land.
Mayor Samson objected to a variety of concerns. Mr. Price said that the developer was
willing to submit plans that will show that the building would be moved thirty feet east,
and to scale back on the size of the parking garage by trading space on the parking
garage across the street. Mayor Samson suggested deferral.
Commissioner Kauffman suggested deferral to complete negotiations. Mr. Vera
suggested deferral to clarify the issues, including a disagreement on the FAR.
Commissioner Iglesias noted he had problems with compatibility with the proposal and
suggested reducing the parking structure. He suggested a continuation until a date
certain.
Vice Mayor Morrow moved and Commissioner Kauffman seconded a motion to
continue the public hearing until Thursday,September 21 at 6:30 p.m.or after the
public hearing on the Comprehensive Plan.The motion was approved by a vote of
5-0 in favor.
611). Request of Crescent Heights XLIV, Inc., Owner of the Property Located at the
Northwest Corner of 192od Street and Collins Avenue for the Following:
(Hearing #Z2000-08)
1. Modification of Condition 1 (F) of Resolution 98-Z-23 passed and adopted by
the City Commission of the City of Sunny Isles Beach on the 8'h of October, 1998
reading as follows:
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Summary Minutes-Regular City Commission Meeting September 14,2000 Cary of Sunny Isles Beach,Florida
From 1 (F): That in the approval of the plan the same be in accordance with
that submitted for the hearing entitled"The Residences of Sunny
Isles Beach", prepared by Joseph B. Kaller and Associates dated
stamped received 4/7/98 consisting of 6 sheets.
To: That in the approval of the plan the same be in accordance with
that submitted for the hearing entitled"New Residences ofSunny
Isles", prepared by the applicant date received 7/9/00 consisting
of 5 sheets.
The purpose of this request is to allow the applicant to submit revised plans for
only a nursing home. The previously approved plan was for a nursing home and
a home for the aged.
2. Non Use Variance of Parking requirements to permit 398 parking spaces (a
total of 733 parking spaces required [603 parking spaces for the Ramada and 130
parking spaces for Cresent Heights]).
Protests 0 Waivers 0 Ex-Parte 0
Action: City Clerk Brown-Morilla read the applicant's name, hearing number, and
asked if there were any ex-parte disclosures, and there were none. The City Clerk
swore-in the witnesses.
Public Speakers: Russell W. Galbut,Esq.;Marla Dumas;Jorge Vera;William Zubkoff,
President & CEO of Hebrew Homes; Gerry Goodman; Rosa M. de La Camara, Esq.;
Harvey Rosenberg; Richard Schechter
Russell W. Galbut, Esq. summarized the application. Marla Dumas presented her
planning concerns as detailed in the written report.
Mayor Samson specified a condition that the garage be completely hidden from view.
In response to Commissioner Turetsky's question,Mr.Galbut said there would be about
182 rooms between the ALF and nursing home projects;with the majority of beds: 121
will be ALF beds, while 119 nursing home beds would be built later, for a total of 240
beds). Mr. Galbut said he was willing to proffer a covenant running with the land that
they would build the nursing home. Jorge Vera summarized his concerns regarding the
request for an additional reduction of parking.
Mayor Samson asked that the building be set back further west on the site and that a
floor be added to the garage.There was also discussion regarding signalization of traffic
lights to avoid increasing danger from all of the valet drivers.
Vice Mayor Morrow moved and Commissioner Turetsky seconded a motion to
continue the meeting beyond 12 midnight. The motion was approved by a vote of
4-1 in favor, with Mayor Samson objecting.
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Summary Minutes-Regular City Commission Meeting September 14,2000 City of Sunny Isles Beach,Florida
Vice Mayor Morrow moved and Commissioner Turetsky seconded a motion to approve
the request with conditions. The motion failed, following a voice vote of 2-3 in favor,
(Samson, Iglesias and Kauffman opposed).
Mayor Samson passed the gavel and moved Commissioner Iglesias seconded a motion
to continue the public hearing until Tuesday,September 21 at 7:00 p.m.(following
the Public Hearing of item 6-C, above) and the motion was approved by a vote of
5-0 in favor.
7. ORDINAiNCES FOR FIRST READING
7A. An Ordinance of the City of Sunny Isles Beach,Florida, Amending the General Fund
Operating Budget, for Fiscal Year Commencing October 1, 1999 and Ending
September 30, 2000 Amending Ordinance 99-79 Authorizing Expenditure of Funds
Established by the Budget; and Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title.
Public Speakers: none
Commissioner Iglesias moved and Commissioner Kauffman seconded a motion to
approve the proposal 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, October
19, 2000, at 7:00 p.m.
Vote: Commissioner Iglesias y
Commissioner Kauffman y
Commissioner Turetsky yes
Vice Mayor Morrow Yes
Mayor Samson
7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Repealing Ordinance No. 98-16 Relating to the Rules of Procedure of the City
Commission of the City of Sunny Isles Beach to Enact a Revised Set of Rules of
Procedure for the City Commission; Providing for Severability, Inclusion in the Code
and an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Attorney Lynn Dannheisser
presented her report.
Public Speakers: Judge Manuel Ramos
Judge Ramos asked to defer.
Commissioner Kauffman moved and Commissioner Turetsky seconded a motion to
approve the proposal 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,October
19, 2000, at 7:00 p.m.
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Summary Minutes-Regular City Commission Meeting September 14,2000 City of Sunny Isles Beach,Florida
Vote: Commissioner Iglesias y
Commissioner Kauffman yes
Commissioner Turetsky yes
Vice Mayor Morrow �es
Mayor Samson yes
[City Clerk's Note: later in the meeting,Commissioner Kauffman suggested scheduling a
workshop meeting to review the proposal in detail. A workshop was scheduled for
Tuesday October 17, 2000. see item 11C below.]
8. ORDINANCES FOR SECOND READING (Public Hearings)
None
9. RESOLUTIONS
9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Accepting a Donation of$31,926 from the Fay Parkin Foundation to be Utilized by
the Police Department for the Purchase of Ten (10) Heart Defibrillators; Authorizing
the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing
for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Mayor Samson presented his report.
Commissioner Iglesias moved and Commissioner Turetsky seconded a motion to
approve the resolution. Resolution No. 2000-267 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,
Authorizing Mayor Samson as the City's Delegate to the Miami-Dade League of Cities
and Commissioner Kauffman as the Alternate to Attend Meetings During the 2000/01
Budget Year; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and presented his report.
Commissioner Kauffman moved and Mayor Samson seconded a motion to approve the
resolution. Resolution No. 2000-268 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,
Approving the Donation of Outdated City of Sunny Isles Beach Cellular Telephones
to Safe Space, a Non-Profit Organization that Aids and Assists Battered Women;
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Summary Minutes-Regular City Commission Meeting September 14,2000 City of Sunny Isles Beach,Florida
Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: [Clerk's Note: Substitution Memorandum and Exhibit "A " handed out at
meeting reducing number of telephones from 13 to 11] City Clerk Brown-Morilla read
the title.
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to
approve the resolution. Resolution No. 2000-269 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,
Appointing Judge Robert Newman (Retired) and Darcee Siegel as Special Masters
in Accordance with Ordinance No. 98-57; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Manager Christopher Russo
presented his report.
Commissioner Turetsky asked if there is really a need for this many Special Masters and
City Attorney Dannheisser said staff had informed her that there would be a significant
increase in case volume.
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to
approve the resolution. Resolution No. 2000-270 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 Payment for Relocation Expenses in the Amount of S11,984.65 (As Set
Forth in the Invoice Attached Hereto as Exhibit"B") in Accordance With the Terms and
Conditions Exhibit"A"of Resolution No. 2000-209 Which Reflects the Appointment of
the City Manager; Providing for an Effective Date.
Action: [Clerk's Note: Substitution Resolution handed out at meeting] City Clerk
Brown-Morilla read the title and City Attorney Lynn Dannheisser presented her report.
Commissioner Turetsky moved and Commissioner Kauffman seconded a motion to
approve the resolution. Resolution No. 2000-271 was adopted by a voice vote of 5-0
in favor.
9F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Resolution 2000-261 Establishing a Revised Schedule for City Commission
Meetings for the Remainder of Calendar Year 2000 by Calling for Special Meetings on
September 21, 2000 and October 5, 2000 to Consider Adoption of the
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Summary Minutes-Regular City Commission Meeting September 14,2000 City of Sunny Isles Beach,Florida
Comprehensive Plan; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Community Planning &
Development Director Marla Dumas presented her report.
Commissioner Kauffman moved and Commissioner Turetsky seconded a motion to
approve the resolution. Resolution No. 2000-272 was adopted by a voice vote of 5-0
in favor.
9G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing a Supplemental Work Order By and Between the City of Sunny Isles
Beach and Earth America (Rapid Rooter), Attached Hereto as Exhibit "A", for the
Removal of Debris from the Cleaning of the Stormwater Drains and Catch Basins to a
Special National Pollutant Discharge Elimination System(NPDES)Approved Dumpsite
in the Amount Not to Exceed S5,000; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Acting Public Works Director
James Watts presented his report.
Commissioner Iglesias moved and Vice Mayor Morrow seconded a motion to approve
the resolution. Resolution No. 2000-273 was adopted by a voice vote of 5-0 in favor.
9H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Supporting the Creation of"Government Day in Sunny Isles Beach" for Students;
Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Vice Mayor Morrow presented her
report.
Commissioner Kauffrnan expressed the concern that this is a very disruptive plan. City
Manager Russo explained thoughts about how the proposed activity might occur under
the direction of City staff.
Vice Mayor Morrow moved and Commissioner Kauffman seconded a motion to
approve the resolution. Resolution No. 2000-274 was adopted by a voice vote of 5-0
in favor.
9I. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Providing Authorization to the Police Department to Appropriate and Spend Funds
from the Law Enforcement Trust Fund; Providing for an Effective Date. (S159,675)
Action: City Clerk Brown-Morilla read the title and Police Chief Fred Maas presented
his report.
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Summary Minutes-Regular City Commission Meeting September I4,2000 City of Sunny Isles Beach,Florida
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to
approve the resolution. Resolution No. 2000-275 was adopted by a voice vote of 5-0
in favor.
10. MOTIONS
None
11. DISCUSSION ITEMS
11A. Verbal Report of Vice Mayor Connie Morrow, Chairperson of the Fashion, Film,
Entertainment and Production Council.
Action: The item was deferred until October 19, 2000.
11B. Request of the Miami-Dade County Property Appraiser's Office to Use the City
Commission Chambers to Receive/Process Homestead Exemption Applications.
Action: City Clerk Brown-Morilla read the title and summarized the request from
County staff. After discussion, the Commission consensus was that approval of the
request might cause problems due to the parking shortage in the shopping center where
City Hall is located. The City Clerk was asked to inform County staff that we could not
approve their request.
11C. Add-On Item
Request to Schedule a Workshop on October 17, 2000 at 6:00 p.m. on the proposed new
Rules of Procedure Ordinance.
Action: The Workshop was scheduled in the Commission Chambers.
12. CITIZENS' FORUM: REQUESTS,PETITIONS & OTHER COMMUNICATIONS
Action: None.
13. ADJOURNMENT
Commissioner Iglesias moved and Commissioner Kauffman seconded a motion to
adjourn the meeting.The motion was approved by a unanimous voice vote of 5-0 at
12:42 a.m.
Respectfully submitted by: Approved the City Co sion on October 19, 2000
(XZ e, g4
Richard Brown-Morilla, City Clerk David Samson, Mayor
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