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HomeMy WebLinkAbout2000-1019 Regular City Commission Meeting SUMMARY MINUTES Thursday, October 19, 2000, 7:00 p.m. CITY OF SUNNY ISLES BEACH, FLORIDA ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO LOBBYING. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. 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 City Manager Christopher J. Russo City Attorney Lynn Dannheisser City Clerk Richard Brown-Morilla 2. PLEDGE OF ALLEGIANCE AND INVOCATION Action: Chief Fred Maas introduced the Sunny Isles Beach Police Honor Guard, who presented the colors and lead the Pledge of Allegiance to the flag. Richard Schulman gave an invocation. Mayor Samson read a general introductory statement regarding procedure and decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting—September 14, 2000. 3B. Special City Commission Meeting/Second Budget Hearing— September 19, 2000. 3C. Special City Commission Meeting/First Hearing: Comp Plan— September 21, 2000. 3D. Special City Commission Meeting/Second Hearing: Comp Plan— October 5, 2000. Action: Commissioner Kauffman moved and Commissioner Turetsky seconded a motion to approve each set of the Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. [City Clerk's note: Several documents were distributed at the meeting, see details below] Action: Vice Mayor Morrow moved and all Commissioners seconded a motion to approve the Substitution of: 7A, Ordinance re: RU-4A, Hotel Apartment House District; and 8B, Ordinance re: Rules of Procedure of the City Commission; Additional Information: 9B Lease Agreement for Office Space,by and between Central Florida Investments, Inc. and the City of Sunny Isles Beach,Approved by R.K.Associates;and Request To Add-On Item: 9I A Resolution for the Second Amendment to the Beach Access Easement Agreement Summary Minutes:Regular City Commission Meeting October 19,2000 City of Sunny Isles Beach,Florida from Ocean Two Limited Partnership. The motion was approved by a voice vote of 5-0 in favor. 5. SPECIAL PRESENTATIONS 5A. Police Officers of the Month for October, 2000 — Officer Barbara Greco, Detective Ray Atesiano, Officer Bobby Randazzo, and Officer`Buck" Buchanan (Deceased). Action: Police Chief Fred Maas introduced the Officers and reported that the Law Enforcement Officers (LEO) Awards Ceremony was held on October 7, 2000. All four of the Sunny Isles Beach Police nominees made it to the finals. Chief Maas announced that our Sunny Isles Beach Police won three awards out of ten: Detective Atesiano, Officer Buchanan, and Officer Greco. Runner-up was Officer Randazzo. [City Clerk's note: see also item 11B] 5B. A Proclamation Declaring November,2000 as National Epilepsy Awareness Month in the City of Sunny Isles Beach. Action: Mayor Samson announced the City's issuance of the Proclamation for National Epilepsy Awareness Month and asked City Clerk Brown-Morilla to mail the Proclamation to the designated person. 6. ZONING [ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS) 6A. Request of Blue Seas Associates,Owner of the Property Located at 17315 Collins Avenue for the Following: (Hearing #Z99-12) 1. Non Use Variance of Lot Coverage requirements to permit proposed development with a lot coverage of 65% (40% permitted). 2. Use Variance to permit the proposed apartment hotel development with a density of 162 units per acre (153 units per acre permitted including density bonuses). 3. Non Use Variance of Floor Area Ratio(F.A.R.)to permit a proposed development with a total F.A.R and bonuses of 3.91 (maximum 2.5 F.A.R. and a possible F.A.R bonuses for a total F.A.R. of 3.05 permitted)(30% amenities bonus pursuant to Section 33- 222(4)(b)(i) is calculated in the total bonus and floor area ratio). 4. Non Use Variance of Floor Area Ratio(F.A.R.)requiring single floors above 20 MSL not to exceed 0.20 F.A.R. to waive same; to permit single floors with a 0.23 floor area ratio. 5. Non Use Variance of Setback requirements to permit the proposed tower building to setback 15 ft (28 ft required) from the interior side (north) property line and to permit a proposed decorative waterfall to setback 28.75 ft (50 ft required) front (west) property line. 2 Summary Minutes:Regular City Commission Meeting October 19,2000 City of Sunny Isles Beach,Florida 6. Non Use Variance of Setback requirements to permit the proposed roof deck of parking garage to setback 7 ft (20 ft. required) from the interior side (north) property line and setback 3.8 ft (20 ft. required) from the interior side (south) property line. 7. Non Use Variance of Zoning Regulations as it applied to view corridor to permit a view corridor width of 4.16 ft (25 ft required). 8. Non Use Variance of Zoning Regulations as it applies to maximum building obstruction to permit proposed development to obstruct 89%(89 ft) of the width of the site above 20 ft MSL (50%-50 ft obstruction permitted). 9. Non Use Variance of Parking Regulations to permit 137 parking spaces(188 required). 10. Non Use Variance of Landscaping Regulations requiring 75% (13,062 sq ft) of the required open space to be landscaped; to waive same, to permit 58% (10,241 sq ft) landscape area. Protests 0 Waivers 0 Ex-Parte 0 Action: City Clerk Brown-Morilla read the applicant's name,hearing number,and location. Zoning and Code Administrator Jorge Vera requested a continuance to Wednesday, November 15, 2000 at 7:00 p.m. so the applicant could provide proper individual mailed notice to property owners for the public hearing. [City Clerk's Note: See also Item 9H — Changing the November 16th Meeting to November 15, 2000.] Vice Mayor Morrow moved and Commissioner Iglesias seconded a motion to continue the public hearing until Wednesday, November 15, 2000 at 7:00 p.m. The motion was approved by a vote of 5-0 in favor. 7. ORDINANCES FOR FIRST READING 7A. Public Hearing An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Ordinance 99-84 Amending Article XIX, RU-4A, Hotel Apartment House District, Sections 33-217 Through Section 33-223, of the Code of Miami-Dade County, Amending Multiple Housing Developments: Amending the Definition of Apartment Hotel;Providing a Definition for Grade; Amending Community Residential Facility; Amending Site Plan Review Criteria; Amending Lot Coverage and Setback Requirements as They Relate to Both East Side and West Side of Collins Avenue;Amending View Corridors to the Bay or Ocean and Maximum Building Obstruction of Views of the Bay of the Ocean; Amending Height Requirements; Amending Floor Area Ratio as Defined Including Floor Area Ratio Bonuses, Building Amenities Bonus for Hotels; Amending Subdivision of Hotels and Motels; Amending Parking Provisions; Providing for a Repealer, Providing for Severability, Inclusion into the Code, and Providing for an Effective Date.[City Clerk's Note:to conform to FEMA Action: [City Clerk's Note: A revised Ordinance was handed out at the meeting/ City Clerk Brown-Morilla read the title and Zoning and Code Administrator Jorge Vera presented his report. Public Speakers: Gerry Goodman 3 Summary Minutes:Regular City Commission Meeting October 19,2000 City of Sunny Isles Beach,Florida City Attorney Dannheisser announced an additional modification was included in the ordinance regarding a requirement that for any structure that is an apartment/hotel, a management company will be required to manage the building and will be required to submit an annual report delineating lease and rental activities for the units so that the City can collect the tourist tax. That report has to be delivered by June 30th and the failure to file this report will result in a fine of S500 and an audit by the City. Commissioner Iglesias 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 Wednesday,November 15,2000, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Turetsky yes Vice Mayor Morrow yes Mayor Samson yes 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Section 33-1 of the Code of Miami-Dade County as Adopted by Section 8.3 of the Charter of the City of Sunny Isles Beach,Entitled Definitions;Providing for Additional Definitions Including Definitions of the Following Terms: Boat,Breeding,Commercial Vehicle,Fowl, Harboring, Keeping, Maintaining, Raising, Storage; Providing for Conflicts; Providing for Severability; Providing for Codification; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Zoning and Code Administrator Jorge Vera presented the report. Public Speakers: None Vice Mayor Morrow moved and Commissioner Kauffinan 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 Wednesday,November 15,2000, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Turetsky yes Vice Mayor Morrow yes Mayor Samson yes 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,Adopting a Revised Fee Schedule for the Building Department,Attached as Exhibit"A"; Providing for Annual Review of Building Department Fee Schedule by City Manager;Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo reported. 4 Summary Minutes:Regular City Commission Meeting October 19,2000 City of Sunny Isles Beach,Florida Public Speakers: None Commissioner Kauffman moved and Commissioner Iglesias 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 Wednesday,November 15,2000, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Turetsky yes Vice Mayor Morrow yes Mayor Samson yes 8. ORDINANCES FOR SECOND READING (Public Hearings) 8A. 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. (First Reading 9/14/00) Action: City Clerk Brown-Morilla read the title and City Manager Russo reported this amendment was to balance the accounts. Public Speakers: None Commissioner Kauffman moved and Vice Mayor Morrow seconded a motion to adopt the ordinance on second reading. Ordinance No. 2000-106 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Turetsky yes Vice Mayor Morrow yes Mayor Samson yes 8B. 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. (First Reading 9/14/00) Action:[City Clerk's Note: A revised Ordinance was handed out at the meeting.]City Clerk Brown-Morilla read the title and City Attorney Dannheisser presented her report. Public Speakers: Gerry Goodman Commissioner Kauffman moved and Commissioner Turetsky seconded a motion to adopt the ordinance on second reading as amended. Ordinance No.2000-107 was adopted by a roll call vote of 5-0 in favor. 5 Summary Minutes:Regular City Commission Meeting October 19,2000 City of Sunny Isles Beach,Florida Vote: Commissioner Iglesias yes Commissioner Kauffman yes 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,Establishing a Schedule for City Commission Meetings for Calendar Year 2001; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title, presented his report and noted that all regular meetings had been scheduled for the third Thursday of the month, except for September and December when the meetings will be held on the second Thursday. Public Speakers: None Vice Mayor Morrow moved and Commissioner Kauffman seconded a motion to approve the resolution. Resolution No. 2000-277A 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,Approving a Sublease Agreement for Office Space, By and Between Central Florida Investments,Inc. and the City of Sunny Isles Beach, Approved by R.K. Associates and Attached Hereto as Exhibit"A"; Authorizing the City Manager to Execute the Agreement and To Do All Other Things Necessary to Effectuate the Agreement; Providing for an Effective Date. Action: [City Clerk's Note: A Sublease Agreement was distributed at the meeting.] City Clerk Brown-Morilla read the title and City Attorney Dannheisser read her report. City Manager Russo reported that negotiations had been completed with the sublessor,but were not yet completed with the landlord. Public Speakers: None Commissioner Turetsky asked the cost and City Manager Russo said the sublease for the Building Department would be $1,000 per month. Vice Mayor Morrow asked when it would be effective and City Manager Russo said November 14, 2000. Commissioner Kauffman moved and Vice Mayor Morrow seconded a motion to approve the resolution. Resolution No. 2000-278 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 Purchase Three(3)Motorcycles at a Cost of S 15,300 Per Vehicle,Plus Related Accessory Equipment Totaling S11,087.09, for the Police Department;Providing for an Effective Date. 6 Summary Minutes:Regular City Commission Meeting October 19,2000 City of Sunny Isles Beach,Florida Action: City Clerk Brown-Morilla read the title and Police Chief Maas presented his report clarifying that we are purchasing two previously leased vehicles for a total increase of one more vehicle. City Manager Russo noted that the expense was included within the budget. Public Speakers: None Commissioner Kauffman asked if there was a corresponding increase in staff, and Chief Maas said we were adding one officer. Vice Mayor Morrow moved and Commissioner Kauffinan seconded a motion to approve the resolution. Resolution No. 2000-279 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 Receipt of Grant Funds By and Between the City of Sunny Isles Beach From the Miami- Dade Department of Human Services Federal Drug Control and System Improvement Program in the Amount of S9,352, Representing a 75% (57,014) Grant Award and 25% (S2,338) in City Matching Funds; Authorizing the City Manager To Do All Things Necessary With Respect to the Obtaining and Distribution of Grant Monies;Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Police Chief Maas presented his report. Public Speakers: None Commissioner Kauffman moved and Commissioner Turetsky seconded a motion to approve the resolution. Resolution No. 2000-280 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,Recognizing October 22-28, 2000, as City Government Week,and Encouraging All Citizens to Support the Celebration and Corresponding Activities; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title. Mayor Samson reported on the upcoming "Government Day in Sunny Isles Beach,"noting that City staff has planned activities for 15 students from Michael Krop Senior High School on Thursday, October 26, 2000. Public Speakers: None Vice Mayor Morrow moved and Commissioner Kauffman seconded a motion to approve the resolution. Resolution No. 2000-281 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,Approving Interlocal Agreements By and Between the City of Sunny Isles Beach and Miami-Dade County,Attached Hereto as Exhibits"A"and`B", for Performance of Professional Services Associated With the Five-Year National Pollutant Discharge Elimination System ("NPDES") Operating Permit; Providing for an Effective Date. 7 Summary Minutes:Regular City Commission Meeting October 19,2000 City of Sunny Isles Beach,Florida Action: City Clerk Brown-Morilla read the title and City Manager Russo presented his report. Public Speakers: None Vice Mayor Morrow moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2000-282 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 the Rotation of Special Masters for Code Enforcement Hearings;Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo reported. Public Speakers: None Vice Mayor Morrow moved and Commissioner Turetsky seconded a motion to approve the resolution. Resolution No. 2000-283 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,Amending Resolution No. 2000-272 Establishing a Revised Schedule for City Commission Meetings for the Remainder of Calendar Year 2000 by Changing the November 16,2000 Meeting to Wednesday, November 15, 2000; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and reported. Public Speakers: None Vice Mayor Morrow moved and Commissioner Kauffman seconded a motion to approve the resolution. Resolution No. 2000-284 was adopted by a voice vote of 5-0 in favor. 9I. Add-on: [City Clerk's Note: See item 4A above.] A Resolution of the City of Sunny Isles Beach, Florida, Approving and Accepting the Second Amendment to the Beach Access Easement Agreement from Ocean Two Limited Partnership Attached Hereto as Exhibit"A";Providing for the Mayor to Execute the Easement Agreement; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser said the City will receive an easement of approximately six to ten feet in width along Collins Avenue for purposes of improving the streetscape within the City's discretion. Public Speakers: None Commissioner Kauffman moved and Vice Mayor Morrow seconded a motion to approve the resolution. Resolution No. 2000-285 was adopted by a voice vote of 5-0 in favor. 8 Summary Minutes:Regular City Commission Meeting October 19,2000 City of Sunny Isles Beach,Florida 10. MOTIONS 10A. A Motion regarding Relocation of the Lifeguard Station and Lifeguard from Pier Park to the Gilbert Samson Memorial Park at 174t Street and Collins Avenue. Action: City Clerk Brown-Morilla read the title and Mayor Samson presented his report. Public Speakers: none Commissioner Kauffman moved and Vice Mayor Morrow and Commissioner Iglesias seconded a motion to approve the Mayor's proposal to relocate the Lifeguard Station and Lifeguard from Pier Park to the Gilbert Samson Memorial Park at 174th Street and Collins Avenue. The motion was approved by a voice vote of 5-0 in favor. 11. DISCUSSION ITEMS 11A. Verbal Report of Vice Mayor Connie Morrow, Chairperson of the Fashion, Film, Entertainment and Production Council (the Council). (Deferred from 9/14/00) Action: Vice Mayor Morrow reported that the Council discussed having a tour for location managers and producers, however the first step would be to have a photographer. City Manager Russo stated that they are trying to accommodate a lot of things and there are many priorities in this City. He noted the City staff is working on numerous items,some of which would be helpful to this Council, as well as to other committees. 11B. Add-on: During agenda item 5A, Mayor Samson announced that the Governor had appointed our Police Chief Fred Maas to the Florida Violent Crime Council. 12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 12A. Request of Ellen Wynne, Sydney Server, and Mary Beth Desarle to discuss the following Golden Shores issues: • Road & Safety • Citizen Services • Beautification • New Park (mini park) Action: City Clerk Brown-Morilla read the title. Public Speakers: Ellen Wynne; Sydney Server; Mary Beth Desarle; Ada Valiente-Garcia; Don Stewart Sydney Server spoke on a variety of issues of concern to Golden Shores residents,including road&safety and the new park,(a.k.a.the mini park). She asked for a covered bus stop with 9 Summary Minutes:Regular City Commission Meeting October 19,2000 City of Sunny Isles Beach,Florida a bench for children, 15 miles per hour speed limit signs and "children at play" and "pedestrian crossing" signs within Golden Shores. To slow the traffic exiting from the Lehman Causeway, she suggested "reduce speed" and "prepare to stop" signs. Ms. Server noted there is no real name for the "mini park," which does not have a bench within the park. She asked for public garbage cans and for an updated entrance sign to the Golden Shores neighborhood. Ms. Server presented photos to the City Manager. Ada Valiente-Garcia raised the possibility of the residents polling themselves to determine if they are in favor of gating the Golden Shores community. Mayor Samson said that the City has spent more money in Golden Shores than in any other area of the City. He pledged that for the items on their list of objectives that are under the City's jurisdiction, he would ask the City Manager to prioritize accomplishing the work within the constraints of the budget and other projects. 12B. Request of Solomon Meyerson to discuss Commission support of a petition to FDOT for pedestrian crossing improvements, extended crossing time and reducing the speed limit on Collins Avenue. Action: City Clerk Brown-Morilla read the title. Public Speakers: Solomon Meyerson; Gerry Goodman Mr. Meyerson asked the City Commission for their support in seeking a meeting with the appropriate County staff to discuss increasing the timing for pedestrians to cross Collins Avenue. The consensus of the Commission was in agreement to Mr. Meyerson's request for a meeting. 12C. Add-on: Dr. Eric Y. Reznik made an announcement regarding a social-psychological program that he is offering. 12D. Add-on: Jordan Harding complimented the City Commission on the work they are doing for the City. He asked about the future intentions regarding the new City Hall, government center. City Manager Russo said there would be a public meeting in the future to discuss the options. 13. ADJOURNMENT Commissioner Kauffman moved and Vice Mayor Morrow seconded a motion to adjourn the-meeting. The motion was approved by a unanimous voice vote of 5-0 at 8:41 p.m. Respectfully submitted by: Approved b -the City Commission on Nov.15, 2000 ft j J - o kp , ;z: ,19;!eLik' 13,fimAillikomlAA U/Cey/PIC(//dX671-- % s‘. mss. Richard'BioWn-Mor`illa, City Clerk David Samson, Mayor vra . ,3N/ 10