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)
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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