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HomeMy WebLinkAbout1998-0312 Regular City Commission Meeting SUMMARY MINUTES City of Sunny Isles Beach City Commission Meeting — Thursday, March 12, 1998 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:08 p.m. The following officials were present: Mayor David Samson Vice-Mayor Irving Turetsky Commissioner Danny Iglesias Commissioner Lila Kauffman Commissioner Connie Morrow City Manager James DiPietro City Attorney Lynn M. Dannheisser City Clerk Richard Brown-Morilla 2. PLEDGE OF ALLEGIANCE: ACTION: Ms. Susan Freid led the Pledge of Allegiance. 3. APPROVAL OF MINUTES: ACTION: Commissioner Morrow moved and Commissioner Kauffman seconded a motion to approve the minutes of the February 26, 1998, Commission Meeting. The motion was approved by a voice vote of 5-0 in favor. 4. AGENDA/ORDER OF BUSINESS (ADDITIONS/DELETIONS) None 5. SPECIAL PRESENTATIONS: None 6. ZONING: A. HAL INVESTMENT SYSTEM, INC. & BILKE ENTERPRISES, INC. HEARING NO. 98-1-CZ-SUN-1 (97-97) LOCATION: 17200-17276 Collins Avenue, Sunny Isles Beach REQUEST: (1) BU-1 to BU-1A (2) Special Exception to permit site plan approval for an existing commercial development. (3) Non-use variance of zoning regulations requiring a 5' high decorative masonry wall where a business lot abuts residentially zoned property; to waive same to omit the wall along the west Page 1 of 8 - Summary Minutes of the March 12, 1998, City Commission Meeting property line where it abuts residentially zoned property. (4) Non-use variance of parking regulations requiring a continuous, extensively planted-greenbelt of not less than 5' be placed along all property lines abutting right-of-way lines when there exists parking between the required setback line and the official right-of-way line; to waive same. (5) Non-use variance of zoning regulations to permit a one-way drive with a width of 9.91' (14' required). (6) Non-use variance of sign regulations to permit two detached signs (one permitted) and to permit the N/ly sign setback 4' (7' required) from the right-of-way line of Collins Avenue and setback 2' (3.5' required) from the interior side (north) property line and to permit the southerly sign setback 5' (7' required) from the right-of-way line of Collins Avenue. (7) BU-1 to BU-1A (8) Special Exception to permit site plan approval for an existing commercial development. (9) Non-use variance of zoning regulations requiring a 5' high decorative masonry wall where a business lot abuts residentially zoned property; to waive same to omit the wall along the west property line where it abuts residentially zoned property. (10) Non-use variance of sign regulations to permit a detached sign setback 4' (7' required) from the right-of-way line of Collins Avenue and 172nd Street. Plans are on file and may be examined in the Zoning Department entitled "Proposed Property Rezoning for Hal Investments Systems, Inc., as prepared by Felix Pardo & Associates, Inc., dated 6-13-97, consisting of 3 sheets, along with plans entitled "Proposed Property Rezoning for Bilke Enterprises, Inc.," as prepared by Felix Pardo &Associates, Inc., dated 6-12-97, consisting of 3 sheets, for a total of 6 sheets. Plans may be modified at public hearing. SUBJECT PROPERTY: EXHIBIT "A": The south 100' of the east 600' of that portion of Tract 3, of TATUM'S SUBDIVISION, Plat Book 10, Page 64, which lies west of the Wily right-of-way of State Road A-1-A. EXHIBIT "B": Lot 29, 30 & 31, SOUTH SHORE ESTATES, Plat Boo 52, Page 69. ALSO: The north 100' of Lot 2, lying Wily of State Road A-1-A (a/k/a: Collins Avenue and State road No. 140), TATUM'S SUBDIVISION, Plat Book 10, Page 64; said north 100' of Lot 2 described as follows: Begin (P.O.B) at the Northeast corner of said Lot 31 of said SOUTH SHORE ESTATES on the Wily line of said State road A-1-A and run due west along the N/ly line of said Lot 31, also being the south line of the north 100' of Lot 2, a distance of 401.94' to the Northwest corner of said Lot 31 ; thence run due north along the extension N/ly of the Wily line of said Lot 31, a distance of 100'to the north line of said Lot 2; thence run due east along the N/ly line of said Lot 2, a distance of 401.94' to the Wily line of State Road A-1-A; thence run S5°38'10"W along the Wily line of State Road A-1-A a distance of 100.48' to the Point of Beginning. SIZE OF PROPERTY: 3.46 Acres PRESENT ZONING: BU-1 (Business - Neighborhood) Page 2 of 8 - Summary Minutes of the March 12, 1998. City Commission Meeting BU-1A (Business - Limited) RU-4A (Apartments 50 units/net acre, hotel/motel 75 units/net acre) ACTION: City Clerk Brown-Morilla read the applicant's name, hearing number and location. Public Speakers: Santiago Echemendia, Esq. Mr. Echemendia said he had spoken with City staff and on behalf of his client, he requested a deferral of the public hearing until March 26, 1998 Commissioner Morrow moved, and Commissioner Kauffman seconded a motion to defer the public hearing until the March 26, 1998, City Commission meeting. The motion was approved by a voice vote of 5-0 in favor. 7. ORDINANCES FOR FIRST READING: A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA ESTABLISHING A POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. [Clerk's note: re-enacting Emergency Ordinance No. 98-19] ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City Manager DiPietro introduced the item, noting this was re-enactment of an emergency ordinance and the City will receive traffic citation revenues from the ordinance. Public Speakers: none Commissioner Morrow moved and Commissioner Kauffman 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 March 26, 1998. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RE-ENACTING EMERGENCY ORDINANCE NO. 98-20 WHICH AMENDED ORDINANCE 97-1 OF THE CITY OF SUNNY ISLES BEACH TO FURTHER AMEND CHAPTER 33 "ZONING" OF THE CODE OF MIAMI DADE COUNTY TO SUBSTITUTE JURISDICTION AND CERTAIN DEFINED TERMS; PROVIDING FOR POSTING OF NOTICES; AMENDING NOTICE AND ZONING HEARING REQUISITES AS SET FORTH IN SECTION 33-310 OF THE CODE, INCLUDING SUBSTITUTE PROVISION FOR MAILED NOTICES, STAFF RECOMMENDATIONS,AND PUBLISHED NOTICES; PROVIDING FOR ADOPTION OF COUNTY ZONING APPLICATION FEE SCHEDULE BY THE CITY; PROVIDING FOR CONTINUED APPLICABILITY OF CHAPTER 33 OF THE CODE EXCEPT AS OTHERWISE MODIFIED HEREIN OR HEREAFTER; PROVIDING FOR SEVERABILITY; AND AN EFFECTIVE DATE. Page 3 of 8 - Summary Minutes of the March 12, 1998, City Commission Meeting ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City Manager DiPietro introduced the item, noting this was re-enactment of an emergency ordinance. Public Speakers: none Commissioner Kauffman moved and Commissioner Iglesias 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 March 26, 1998. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 8. ORDINANCES FOR SECOND READING (PUBLIC HEARINGS) A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, GRANTING TO PEOPLE'S GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, A FLORIDA CORPORATION, ITS SUCCESSORS AND ASSIGNS,A NON-EXCLUSIVE FRANCHISE FOR A PERIOD OF FIFTEEN (15) YEARS TO CONSTRUCT, OPERATE AND MAINTAIN GAS SYSTEM FACILITIES IN THE CITY OF SUNNY ISLES BEACH, FLORIDA; PRESCRIBING THE TERMS AND CONDITIONS OF SUCH FRANCHISE; PROVIDING FOR PAYMENT OF A FRANCHISE FEE; PROVIDING FOR INDEMNIFICATION; PROVIDING FOR INSPECTION OF BOOKS AND RECORDS; PROVIDING FOR ACCEPTANCE OF THE FRANCHISE; AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City • Manager DiPietro introduced the item, noting that it should bring over $50,000 in annual revenue. Public Speakers: none Commissioner Iglesias moved, and Vice Mayor Turetsky seconded a motion to adopt the ordinance on second reading. Ordinance No. 98-23 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING NEWSRACK REGULATION ON PUBLIC RIGHTS-OF-WAY; PROVIDING FOR DEFINITIONS; PROVIDING FOR PURPOSE AND CRITERIA OF THE NEWSRACK ORDINANCE; PROVIDING FOR A CERTIFICATE OF COMPLIANCE REQUIREMENTS; PROVIDING FOR APPLICATION AND ISSUANCE OF COMPLIANCE; INCLUDING THE ISSUING AND APPROVING AUTHORITY; CONTENTS OF APPLICATIONS, PROCEDURE, DATE OF ISSUANCE, DENIAL OF Page 4 of 8 - Summary Minutes of the March 12. 1998, City Commission Meeting CERTIFICATE OF COMPLIANCE AND ADDITIONAL CERTIFICATE OF COMPLIANCE ISSUANCE; PROVIDING FOR HOLD HARMLESS AGREEMENT WITH THE CITY OF SUNNY ISLES BEACH; PROVIDING FOR FEES; PROVIDING FOR APPELLATE PROCEDURES; PROVIDING FOR PLACEMENT AND NUMBER OF NEWSRACKS; PROVIDING FOR INSTALLATION AND MAINTENANCE OF NEWSRACKS; NEWSRACKS MOUNTING STANDARDS; SPECIFIC PROHIBITIONS; PROVIDING FOR VIOLATIONS; DETERMINING NEWSRACK ABANDONMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR INCLUSION OF THE CODE AND AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City Attorney Dannheisser introduced the item, explaining that there are currently no regulations in place governing newsracks. Commissioner Kauffman questioned the penalty provisions. Public Speakers: William Stokkan, Joe Malkin Commissioner Morrow moved, and Commissioner Kauffman seconded a motion to adopt the ordinance on second reading. Ordinance No. 98-24 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias y Commissioner Kauffman ves Commissioner Morrow yes Vice-Mayor Turetsky Mayor Samson yes C. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 5 OF ORDINANCE 98-17 ESTABLISHING AN INTERIM IMPACT FEE SCHEDULE FOR POLICE SERVICES; PROVIDING FOR AN AMENDED IMPACT FEE COMPUTATION FORMULA, PROVIDING FOR APPLICABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City Attorney Dannheisser introduced the item, noting that the fees would be paid by developers. Public Speakers: none Commissioner Kauffman moved, and Commissioner Iglesias seconded a motion to adopt the ordinance on second reading. Ordinance No. 98-25 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes Page 5 of 8 - Summary Minutes of the March 12, 1998, City Commission Meeting D. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 5 OF ORDINANCE 98-18 ESTABLISHING INTERIM PARKS AND RECREATION IMPACT FEES SCHEDULE; PROVIDING FOR AN AMENDED IMPACT FEE SCHEDULE; PROVIDING FOR APPLICABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City Attorney Dannheisser introduced the item, noting that the fees would be paid by developers. Vice Mayor Turetsky read the proposed impact fees. Public Speakers: Martin Eifan Commissioner Morrow moved, and Commissioner Kauffman seconded a motion to adopt the ordinance on second reading. Ordinance No. 98-26 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias y Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky ves Mayor Samson yes 9. RESOLUTIONS: A. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, IMPOSING AN ADMINISTRATIVE FEE TO ALLOW FOR STRUCTURAL ENGINEERING REVIEW OF BUILDING PLANS; f fiOVIDINC roll CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. ACTION: The City Clerk read the title and City Building Official Michael Berkman introduced the item. Commissioner Morrow moved, and Commissioner Kauffman seconded a motion to approve the resolution. Resolution No. 98-36 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow y Vice-Mayor Turetsky Mayor Samson 10. MOTIONS: A. PURCHASE OF FINANCIAL SOFTWARE. ACTION: The City Clerk read the title and City Manager DiPietro introduced the item. Commissioner Morrow moved, and Commissioner Kauffman seconded a motion to approve the purchase, which was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow y Vice-Mayor Turetsky yes Mayor Samson ves Page 6 of 8 - Summary Minutes of the March 12. 1998, City Commission Meeting 11. DISCUSSION ITEMS: A. APPOINTMENT OF SPECIAL MASTER (CODE ENFORCEMENT JUDGE) ACTION: The City Clerk read the title and City Manager DiPietro introduced Judge Manuel Ramos, his appointee as the City's Special Master. Vice Mayor Turetsky moved, and Commissioner Kauffman seconded a motion to ratify the Manager's appointment of Judge Manuel Ramos as Special Master, which was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman y Commissioner Morrow ves Vice-Mayor Turetsky des Mayor Samson yes B. Mayor Samson announced that there will be a City Commission Public Workshop meeting on Thursday, March 19, 1998, at 7:00 p.m. to discuss: 1) the standards and conditions to be applied to zoning application public hearings, 2) definitions and standards for use and non-use variances, and 3) other zoning issues. City Attorney Dannheisser reported that on Monday, March 16, 1998, she would distribute a 15 page memo for the workshop. C. City Manager DiPietro introduced Public Works Superintendent Robert Pushkin, and his wife Eileen. D. Mayor Samson announced the City had purchased our first City vehicle. E. Mayor Samson announced his appreciation for the accurate reporting of Miami Herald reporter Ivonne Perez regarding Police Department issues. Mayor Samson said he had met with Miami-Dade Mayor Penelas and had asked for an answer by Monday, March 16, 1998. 12. REQUESTS, PETITIONS & OTHER COMMUNICATIONS A. Joe Malkin inquired if the City intended to have a sub-station if we create our own Police force. Mayor Samson affirmed that there will be a mini-station. B. Ellen Wynne asked about the opportunity of getting a city newspaper to the resident since the residents in Golden Shores do not receive the Aventura News, nor the High Riser. Mayor Samson announced he has been discussing with Dan Palmer, editor of the Aventura News, to have a "Sunny Isles Beach News" paper printed without taxpayer expense. Ms. Wynne also asked for a listing of City officials so she could share the information with her concerned neighbors. City Manager DiPietro promised to send her a listing. Page 7 of 8 Summary Minutes of the March 12, 1998, City Commission Meeting C. Iry Diamond said there was confusion in some condo buildings about the recently adopted ordinance requiring building contractors conducting business within our City to register with the City and to pay a registration fee. He suggested the City should publicize the existence of the new ordinance. [Ordinance No. 98-22, adopted on February 26, 1998]Vice Mayor Turetsky explained that the security guards in every condo building should be instructed that contractors should have proof of City registration, and the City would be notifying the large contractor companies directly. Mayor Samson said the registration ordinance was designed to try to protect our residents from unlicenced contractors, and that the City will try to get word into the news media. Commissioner Kauffman asked if the City could do a mailing to all residents to better inform them on various issues. Roslyn Brezin suggested doing a mailing to the management offices of the condo buildings. Commissioner Morrow suggested having a workshop with civic leaders and condominium association presidents. City Manager DiPietro responded that the City could do that: sending an informational mailing to every business office and/or have a meeting in City Hall, depending on the pleasure of the Commission. Joe Rosenzweig inquired about liability insurance as it might relate to the new ordinance. Michael Berkman clarified the applicability of the ordinance to various types of situations. Iry Diamond related a story about five floors being soaked with water after a BrandsMart delivery man installed a dishwasher. City Manager DiPietro announced that copies of the Contractor Registration Ordinance were available for the audience. Mary Anne Eicke questioned the applicability of the ordinance. D. Armand Larouche complained about the danger posed by fast vehicle traffic. E. Rocco Desangro asked if the City would issue its own occupational licenses, and the Mayor responded yes once the ordinance is adopted. 13. ADJOURNMENT: At 8:17 p.m., Commissioner Morrow moved, and Commissioner Kauffman seconded a motion to adjourn which was approved by a unanimous voice vote. Respectfully submitted: Approved y the City Commission this 26th VAIN-; day of M h, 1998. Richard Browri-Morilla, City Clerk David Samson, M yor Page 8 of 8 - Summary Minutes of the March 12, 1998, City Commission Meeting