2008 1118 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting November 18,2008 City of Sunny Isles Beach, Florida correct that. The City can adopt regulations for adult use to mitigate potential secondary impact of adult use which includes an increase in crime, drug use, and lowering property values. The City can require an existing adult use establishment to relocate under Federal law, and courts have allowed an amortization period of 3 or 5 years, and we have given 5 years. Commissioner Scholl asked City Attorney Ottinot if 5 years is liberal or conservative, and he said based on the law, 5 years is liberal, 3 years was upheld in court. Community Development Director Robert Solera reported that staff reviewed secondary effects, and concluded that limiting adult entertainment use to properties abutting Collins Avenue from 163rd to 172nd Streets in the Town Center is the appropriate location in the City. Public Speakers: Norman C. Powell, Esq.; Daniel Aaronson, Esq.; James Benjamin, Esq. Attorneys Norman Powell, Daniel Aaronson, and James Benjamin representing Thee Doll House, stated that they are against this Ordinance as this is an existing Conditional Use and the City is trying to take away a vested right to use property that has been properly zoned pre- dating the City's incorporation. Thee Doll House still has 12 years on their lease, and if this passes they will have to move within five (5) years. They will not sit by while the City closes their client down, they will litigate with the City but they will work with the City. City Attorney Ottinot stated that he has researched the adult use issue for a number of years, and he is very comfortable with this ordinance. Mayor Edelcup said based on the City Attorney's research we have the authority to change the location of an existing adult entertainment establishment. City Attorney Ottinot said yes and based on staff review we need to make our Code compliant with the law to ensure that there is a proper area for adult use to exist in the City. Mayor Edelcup said when we did our Town Center Ordinance we did not list an adult entertainment establishment as a normal use. City Attorney Ottinot said that we granted a Non-Conforming Use to Thee Doll House by default when we adopted the Town Center Code. It became a non-conforming use because we made a prohibited use. Mayor Edelcup said that the attorneys still have an opportunity between first and second readings to get their points across, and bring the parties together by setting a timeframe by moving on first reading now. Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the proposed ordinance 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, December 18, 2008, at 6:30 p.m. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 6