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Home My WebLink About1999-0121 Regular City Commision Meeting SUMMARY MINUTES City of Sunny Isles Beach City Commission Meeting — Thursday, January 21, 1999 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:05 p.m. with the following officials 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: Commissioner Morrow led the Pledge of Allegiance to the flag. 3. APPROVAL OF MINUTES: ACTION:Vice Mayor Turetsky moved and Commissioner Kauffinan seconded a motion to approve the minutes of the December 17, 1998, Commission Meeting. The motion was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Kauffman des Commissioner Morrow yes Vice Mayor Turetsky Les Commissioner Iglesias ves Mayor Samson ves 4. AGENDA/ORDER OF BUSINESS (ADDITIONS/DELETIONS) ACTION: [Clerk's Note: A package of memos from City Manager DiPietro was submitted at the meeting: revisions to agenda items 9-G; and a substitute resolution for item 9-H See also add-on items 5-C, 11. See each agenda item for details] 5. SPECIAL PRESENTATIONS: A. REPORT ON STATE OF THE CITY - MAYOR SAMSON ACTION: Mayor Samson read his report on the State of the City. -- Summary Minutes of the January 21, 1999, City Commission Meeting - Page 1 of 10 5. B. SGT. DON REYNOLDS- OFFICER OF THE MONTH (OCTOBER) ACTION: Police Chief Richard Harrison introduced Sgt. Don Reynolds, and announced his receipt of a Commendation,and selection as the Police Officer of the month for October, 1998. Mayor David Samson presented Sgt. Reynolds with a certificate as Officer of the Month and a check from the Police Citizens Advisory Committee. Police Captain Fred Maas presented flowers to Sgt. Reynolds mother, sister and wife. C. Proclamation presented by Mayor Samson to Ernest and Marta Smit ACTION: Mayor Samson presented a proclamation to Ernest Smit acknowledging their boat trip from South Africa to Sunny Isles Beach. 6. ZONING: (NONE) 7. ORDINANCES FOR FIRST READING: A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 33-84 "DEFNITIONS" TO INCLUDE THE DEFINITION OF "WINDOW SIGNS"; AND AMENDING SECTIONS 33-103, 33-105 AND 33-106 TO INCLUDE THE TYPE OF WINDOW SIGN, THE SIZE OF A WINDOW SIGN, THE NUMBER OF SIGNS PERMISSIBLE, TO PROVIDE THAT ILLUMINTATION IS PROHIBITED EXCEPT FOR NEON SIGNS NOT EXCEEDING 50% OF ALLOWABLE AREA; ENUMERATING SPECIAL CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title and City Manager DiPietro introduced the proposed ordinance. Public Speakers: none Vice Mayor Turetsky asked if the existing signs would have to come into compliance with the new ordinance and City Manager DiPietro said yes. Commissioner Morrow 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 February 11, 1999, at 7:00 p.m. Vote: Commissioner Iglesias tes Commissioner Kauffman y Commissioner Morrow yes Vice-Mayor Turetsky des Mayor Samson ves Summary Minutes of the January 21, 1999, City Commission Meeting - Page 2 of 10 7. B. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RELATING TO HOME OCCUPATIONS; REPEALING SECTION 33-25.1 OF THE CODE OF MIAMI- DADE COUNTY AS ADOPTED BY THE CITY OF SUNNY ISLES BEACH BY SECTION 8.3 OF THE CHARTER AND ADOPTING IN ITS STEAD AS SECTION 33-25.1 A DEFINITION OF HOME OCCUPATION; PROVIDING FOR LICENSED HOME OCCUPATIONS AS PERMITTED USES IN RESIDENTIAL AREAS; PROVIDING STANDARDS FOR THE LOCATION AND OPERATION OF HOME OCCUPATIONS IN RESIDENTIAL DISTRICTS;PROVIDING FOR INCLUSION IN THE CODE;PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title and City Manager DiPietro introduced the proposed 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 February 11, 1999, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow ves Vice-Mayor Turetsky yes Mayor Samson ves 7. C. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,FLORIDA, ESTABLISHING A PROCEDURE FOR SEMI-ANNUAL SUBMISSIONS OF ADMINISTRATIVE REGULATIONS FOR PUBLIC COMMENT AND COMMISSION ADOPTION; PROVIDING FOR THE EFFECTIVE DATE OF SUCH ADMINISTRATIVE REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title and City Manager DiPietro introduced the proposed ordinance. Public Speakers: none Commissioner Morrow moved and Vice Mayor Turetsky 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 February 11, 1999, at 7:00 p.m. Vote: Commissioner Iglesias ves Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson ves Summary Minutes of the January 21, 1999, City Commission Meeting - Page 3 of 10 8. ORDINANCES FOR SECOND READING (PUBLIC HEARINGS) A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NO. 98-40 WHICH PROVIDES FOR A MORATORIUM ON THE FILING AND CONSIDERATION OF ZONING APPLICATIONS AND A MORATORIUM ON THE ISSUANCE OF DEVELOPMENT PERMITS,TO PROVIDE THAT THE MORATORIUM BE EXTENDED UNTIL MARCH 11, 1999; PROVIDING THAT ALL OTHER TERMS AND CONDITIONS OF ORDINANCE NO.98-40 SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL SUCH TIME;PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Attorney Lynn Dannheisser introduced the item. Public Speakers: Arnold Klein Commissioner Kauffman moved and Commissioner Morrow seconded a motion to adopt the ordinance on second reading. Ordinance No. 99-59 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias des Commissioner Kauffman y Commissioner Morrow Vice-Mayor Turetsky ves Mayor Samson ves 8. B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NO. 98-45 WHICH ADOPTED AN OCCUPATIONAL LICENSE TAX PURSUANT TO CHAPTER 205, FLORIDA STATUTES (1997); AMENDING SECTION 12, ENTITLED APPROVAL OF BUSINESS LOCATION TO ELIMINATE SAME AND PROVIDE INSTEAD FOR SPECIFIC APPLICATION PROCEDURES; AMENDING SECTION 13, ENTITLED DENIAL OF LICENSE APPLICATION TO PROVIDE FOR SPECIFIC GROUNDS FOR DENIAL AND SET FORTH APPEAL PROCESS; PROVIDING FOR A LIMITATION AND RENEWAL PROCEDURES;PROVIDING FOR REPEALER, SEVERABILITY,CODIFICATION AND EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Attomey Lynn Dannheisser introduced the item. Public Speakers: Don Stewart Vice Mayor Turetsky expressed the opinion that some of the license tax fees were high, and he requested that they be lowered. City Manager DiPietro noted that the administration was looking at the rates of some categories. Commissioner Kauffman inquired how we had arrived at the rates we were charging. Commissioner Iglesias moved and Vice Mayor Turetsky seconded a motion to adopt the ordinance on second reading. Ordinance No. 99-60 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Summary Minutes of the January 21, 1999, City Commission Meeting - Page 4 of 10 Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky ves Mayor Samson ves 9. RESOLUTIONS: (Items 9E, 9F and 9G were Public Hearings) A. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,APPROVING THE SALE AND PURCHASE OF 393-401 SUNNY ISLES BEACH BOULEVARD,FOR USE AS A GOVERNMENT CENTER,Ii\t ACCORDANCE WITH THE CONTRACT FOR SALE AND PURCHASE BY AND BETWEEN R.K. ASSOCIATES AND THE CITY OF SUNNY ISLES BEACH,ATTACHED HERETO AS EXHIBIT"A";PROVIDINGFOR EXECUTION BY THE MAYOR; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and Mayor Samson introduced the item, noting that the purchase was at a price of S1,100,000 for 69,000 to 70,000 sq ft. Public Speakers: none Commissioner Kauffman moved and Vice Mayor Turetsky seconded a motion to approve the proposal. Resolution No. 99-113 was adopted by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias Abstain Commissioner Kauffman ves Commissioner Morrow Vice-Mayor Turetsky ves Mayor Samson ves B. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,APPROVING THE SALE AND PURCHASE OF PROPERTY LOCATED AT 201 191sT TERRACE,SUNNY ISLES BEACH,FLORIDA,FOR GOLDEN SHORES POCKET PARK,IN ACCORDANCE WITH THE CONTRACT FOR SALE AND PURCHASE BY AND BETWEEN ROSENDO S. ALEMAN AND ORILDA ALEMAN AND THE CITY OF SUNNY ISLES BEACH, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR EXECUTION BY THE MAYOR; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Attorney Dannheisser introduced the item with a purchase price of S85,000. Public Speakers: none Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve the proposal. Resolution No. 99-114 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias Commissioner Kauffman ves Commissioner Morrow ves Vice-Mayor Turetsky ves Mayor Samson ves Summary Minutes of the January 21, 1999, City Commission Meeting - Page 5 of 10 9. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,APPROVING THE INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF SUNNY ISLES BEACH,TO PROVIDE THE CITY ITS SHARE OF FRANCHISE FEE REVENUES GENERATED WITHIN THE CITY; AUTHORIZING THE CITY MANAGER TO EXECUTE SAME; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Attorney Dannheisser introduced the item. Mayor Samson thanked City Attorney Dannheisser and City Manager DiPietro for their efforts in securing approximately S800,000 in additional revenues, which will become payable after July 2000. Public Speakers: none Vice Mayor Turetsky moved and Commissioner Iglesias seconded a motion to approve the proposal. Resolution No. 99-115 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman y Commissioner Morrow ves Vice-Mayor Turetsky ves Mayor Samson yes 9. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT AUTHORIZING THE COUNTY TO ISSUE PERMITS TO FILM FOR USE OF PROPERTY AND SERVICES WITHIN THE CORPORATE LIMITS OF THE CITY OF SUNNY ISLES BEACH AND APPROVING THE TERMS OF THE AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. ACTION: Mayor Samson thanked Commissioner Morrow for bringing forth the concept of encouraging the Fashion, Film, Entertainment and Production industries to do business within Sunny Isles Beach. City Clerk Brown-Morilla read the title, and City Attorney Dannheisser introduced the item, noting that the new Fashion,Film, Entertainment and Production Council had recommended the proposal at their first meeting.. Commissioner Morrow said she was honored that the Mayor had appointed her as Chairperson of the Fashion, Film, Entertainment and Production Council. She noted that she has been working with a producer who is trying to start a television series that would be based in Sunny Isles Beach. Public Speakers: Kathleen Kennedy; Arnold Klein; Mary Ann Eicke Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve the proposal. Resolution No. 99-116 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman y_es Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes Summary Minutes of the January 21, 1999, City Commission Meeting - Page 6 of 10 9. E. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, GRANTING A WAIVER FROM ORDINANCE NO. 98-40 IN ACCORDANCE WITH SECTION 2 THEREOF, TO BLESS YOU, INC., LOCATED AT 17001 COLLINS AVENUE, TO ALLOW CONSIDERATION OF A ZONING APPLICATION TO CONSIDER A PERMIT FOR A SIGN; PROVIDING FOR AN EFFECTIVE DATE. ACTION: [City Clerk's note: this was a public hearing] City Clerk Brown-Morilla read the title, and Zoning & Code Administrator Jorge Vera introduced the item. Commissioner Kauffman expressed opposition to granting this waiver until after the Comprehensive Plan is adopted. Public Speakers: none Commissioner Morrow moved and Vice Mayor Turetsky seconded a motion to approve the proposal. Resolution No. 99-117 was adopted by a roll call vote of 4-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman no Commissioner Morrow yes Vice-Mayor Turetsky ves Mayor Samson yes 9. F. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, GRANTING A WAIVER FROM ORDINANCE NO. 98-40 IN ACCORDANCE WITH SECTION 2 THEREOF, TO AKPEZ OF MIAMI,INC.,DB/A THE BOARDWALK,LOCATED AT 17008 COLLINS AVENUE, TO ALLOW CONSIDERATION OF A ZONING APPLICATION REQUESTING A USE VARIANCE TO PERMIT A NIGHT CLUB, SERVICE OF ALCOHOLIC BEVERAGES AND LIVE ADULT ENTERTAINMENT AT THIS LOCATION; REQUESTING A SPECIAL EXCEPTION TO PERMIT ADULT ENTERTAINMENT WITHIN 500 FEET OF A RESIDENTIAL DISTRICT; OR IN THE ALTERNATIVE, REQUESTING A SPECIAL EXCEPTION TO PERMIT A BAR WITHIN 500 FEET OF A RESIDENTIAL DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. ACTION: [City Clerk's note: this was a public hearing] City Clerk Brown-Morilla read the title, and Zoning & Code Administrator Jorge Vera introduced the item. Public Speakers: Kathleen Kennedy; Michael Larkin, Esq. Vice Mayor Turetsky inquired about the staff recommendation to deny the request for a temporary certificate of occupancy. Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve the proposal. Resolution No. 99-118 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 Summary Minutes of the January 21, 1999, City Commission Meeting - Page 7 of 10 Mayor Samson }_es 9. G. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, GRANTING A WAIVER FROM ORDINANCE NO. 98-40 IN ACCORDANCE WITH SECTION 2 THEREOF,TO WILLIAMS ISLAND OCEAN CLUB&RESORT,LOCATED AT 17875 COLLINS AVENUE, TO ALLOW CONSIDERATION OF A ZONING APPLICATION REQUESTING A MODIFICATION OF CONDITION#6* CONTAINED IN RESOLUTION NO. 98-Z-17, WHICH GRANTED APPROVAL OF AN UNUSUAL USE TO PERMIT A PRIVATE RECREATIONAL FACILITY (BEACH CLUB) IN CONJUNCTION WITH AN EXISTING HOTEL AND NON-USE VARIANCES(*THAT THE APPLICANT OBTAIN A CERTIFICATE OF USE AND OCCUPANCY FROM THE CITY, UPON COMPLIANCE WITH ALL TERMS AND CONDITIONS, [THE ISSUANCE BEING] SUBJECT TO CANCELLATION UPON VIOLATION OF ANY OF THE CONDITIONS); OR IN THE ALTERNATIVE TO ENABLE THE CITY TO CONSIDER THE ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY FOR THE OPERATION OF A BEACH CLUB WITHOUT THE HOTEL AS THE MAIN USE; PROVIDING FOR AN EFFECTIVE DATE. ACTION: [City Clerk's note: this was a public hearing, and there was a revised hand-out of correspondence from the developer to the City Attorney on this item.] City Clerk Brown- Mori lla read the title, and City Attorney Dannheisser introduced the item. Building Official Michael Berkman explained that the temporary certificate of occupancy would expire at midnight and should not be reissued. Public Speakers: Cliff Schulman, Esq.; Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve the proposal granting a waiver, but not a temporary certificate of occupancy. Resolution No. 99-119 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman Les Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION FOR THE STATE OF FLORIDA HIGHWAY BEAUTIFICATION GRANT ON BEHALF OF'THE CITY IN THE AMOUNT OF EIGHTY-FIVE THOUSAND ($85,000) DOLLARS WITH MATCHING FUNDS FROM THE CITY BASED ON CONCEPTUAL PLANS PROVIDED BY ROSENBERG DESIGN GROUP, ATTACHED AS EXHIBIT "A". ACTION: [City Clerk's Note:A revised resolution was distributed at the meeting and filed with the records] City Clerk Brown-Morilla read the title,and City Manager DiPietro introduced the item. Summary Minutes of the January 21, 1999, City Commission Meeting - Page 8 of 10 Public Speakers: Bill Rosenberg Commissioner Kauffman moved and Vice Mayor Turetsky seconded a motion to approve the proposal. Resolution No. 99-120 was adopted by a roll call vote of 3-0-2 in favor. Vote: Commissioner Iglesias Abstained Commissioner Kauffman yes Commissioner Morrow absent Vice-Mayor Turetsky ves Mayor Samson ves 10. MOTIONS: A. CONCEPTUAL APPROVAL OF CITY ENTRANCE SIGNS. ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced the item. Public Speakers: Bill Rosenberg Mayor Samson noted the possibility that the City Commission might not like the sign, saying we reserve the right to reject it. Commissioner Iglesias asked about incorporating colored neon rings on palm trees as Miami Beach has at the Julia Tuttle entrance to their city, but Mr. Rosenberg suggested that might be more reasonable at the future City Hall site.A citizen asked about using the City seal. Mayor Samson moved and Commissioner Kauffman seconded a motion to approve the proposal subject to final City Commission approval of the signage. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky y Mayor Samson ves 11. STAFF DISCUSSION ITEMS: A Mayor Samson complimented City Manager DiPietro for the fact that the process of under- grounding utilities was beginning in the north of the city. B. Mayor Samson introduced Phil Schoenberg City Commissioner of North Bay Village. 12. REQUESTS, PETITIONS & OTHER COMMUNICATIONS: None Summary Minutes of the January 21, 1999, City Commission Meeting - Page 9 of 10 1 1 13. ADJOURNMENT: Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to adjourn the meeting which was approved by a unanimous voice vote at 8:47 p.m. . Respectfully submitted by: Approved by the City Commission this 11th day of Fe , 1999. ir•ri f} C . y ;Richard Brown.Morilla, City Clerk David Samson, ayor 'S � /''.� t• i c . i \a •. ' ,AT•TENTION.KILL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO LOBBYING. PLEASE CONTACT 1.THE.CITY f,CLERK FOR REGISTRATION FORMS. Summary Minutes of the January 21, 1999, City Commission Meeting - Page 10 of 10