HomeMy WebLinkAbout1999-0211 Regular City Commision Meeting •
SUMMARY MINUTES
City of Sunny Isles Beach
City Commission Meeting — Thursday, February 11, 1999
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 Irving Turetsky
Commissioner Danny Iglesias (arrived at 7:03 p.m.)
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 Kauffman led the Pledge of Allegiance to the flag.
3. APPROVAL OF MINUTES:
ACTION: Commissioner Kauffman moved and Commissioner Morrow seconded a motion to
approve the minutes of the January 21, 1999,Commission Meeting. The motion was approved by
a unanimous voice vote of 5-0 in favor.
4. AGENDA/ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS)
A. REQUEST TO TAKE ITEMS 9G AND 9H OUT OF ORDER.
ACTION: [Clerk's Note: A package of memos from City Manager DiPietro was submitted
at the meeting: administrative withdrawal of items 7-A,9-C,9-E and 10-A;revised substitute
resolutions for items 9-G and 9-H; and add-on item 9-I. During the meeting, City Attorney
Dannheisser handed out revisions to agenda item 9-F].
B. Vice Mayor Turetsky moved and Commissioner Morrow seconded a motion to add-on
agenda item 9-I which was approved by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias ves
Commissioner Kauffman ves
Commissioner Morrow ves
Vice-Mayor Turetsky ves
Mayor Samson ves
[City Clerk's note: See each agenda item for details. See also agenda items 11 and 12.]
Summary Minutes of the February 11, 1999, City Commission Meeting - Page 1 of 10
5. SPECIAL PRESENTATIONS:
A. City officials posed for a photograph with a check for 52,068,100 from Miami-Dade County
Safe Neighborhood Parks Bond Fund for acquisition costs of purchasing the oceanfront park
. at 174 Street and Collins Avenue.
6. ZONING: (NONE)
7. ORDINANCES FOR FIRST READING:
A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, AMENDING ARTICLE XIX, RU-4A, HOTEL APARTMENT
HOUSE DISTRICT, SECTIONS 33-217 THROUGH SECTION 33-223, OF THE CODE
OF MIAMI-DADE COUNTY, TO PROVIDE FOR USES PERMITTED; TO PROVIDE
FOR SITE PLAN REVIEW GENERALLY; TO PROVIDE FOR THE CRITERIA FOR
SITE PLAN REVIEW; TO PROVIDE FOR MINIMUM LOT WIDTH AND AREA;
PROVIDING FOR SETBACK REQUIREMENTS; PROVIDING FOR VIEW
CORRIDORS TO THE BAY OR OCEAN AND MAXIMUM BUILDING OBSTRUCTION
OF VIEWS OF THE BAY OR THE OCEAN;TO PROVIDE HEIGHT REQUIREMENTS;
TO PROVIDE FLOOR AREA RATIO AS DEFINED INCLUDING FLOOR AREA RATIO
BONUSES, BEACH OR BAY ACCESS BONUS, BUILDING AMENITIES BONUS,
COLLINS AVENUE BUILDING SETBACK BONUS; ADDITIONAL SITE SETBACK
BONUS;BUS TURNOUT BAY BONUS;BEACH RE-NOURISHMENT AND FACILITY
MANAGEMENT BONUS;PEDESTRIAN SAFETY IMPROVEMENT FUND;MEDIAN
LANDSCAPING BONUS AND BEACH BOARDWALK BONUS; PROVIDING FOR A
MAXIMUM NUMBER AND MINIMUM FLOOR AREA OF UNITS; PROVIDING FOR
DENSITY BONUSES INCLUDING A LOCAL MASS TRANSIT DENSITY BONUS;
BUS STOP AND SHELTER DENSITY BONUS; MEDIAN LANDSCAPING DENSITY
BONUS; BEACH BOARDWALK DENSITY BONUS; BEACH RE-NOURISHMENT
DENSITY BONUS; PROVIDING FOR SUBDIVISION OF HOTELS AND MOTELS;
PROVIDING FOR PARKING AND OPEN SPACE; PROVIDING FOR TREES AND
LANDSCAPING; PROVIDING FOR ACCESSORY USES AND OTHER SPACING;
PROVIDING FOR CONSOLIDATION OF REQUESTS REQUIRING APPROVAL BY
PUBLIC HEARING INTO ONE HEARING APPLICATION; PROVIDING FOR
SEVERABILITY, INCLUSION INTO THE CODE AND PROVIDING FOR AN
EFFECTIVE DATE.
ACTION: Administratively withdrawn by memo, and rescheduled for first reading/public
hearing at a Special City Commission meeting on Thursday February 18, 1999 at 5:01 p.m.,
and tentatively scheduled for second reading public hearing on Monday, March 1, 1999 at
5:01 p.m.
Summary Minutes of the February 11, 1999, City Commission Meeting - Page 2 of 10
7B. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING
A CODE SECTION ENTITLED"SECURITY ALARMS"; TO PROVIDE A PURPOSE;
PROVIDING DEFINITIONS; PROVIDING FOR REGISTRATION, APPLICATION,
TRANSFERABILITY, AND FALSE STATEMENTS; PROVIDING FOR ALARM
SYSTEMS IN APARTMENT COMPLEXES; PROVIDING FOR REGISTRATION
INFORMATION UPDATE; PROVIDING FOR PROPER ALARM SYSTEMS
OPERATION AND MAINTENANCE;PROVIDING FOR REGULATION OF SIGNALS
SENT TO GOVERNMENTAL AGENCIES; PROVIDING FOR INDIRECT ALARM
REPORTING; PROVIDING FOR ALARM SYSTEM OPERATING INSTRUCTIONS;
PROVIDING FOR ALARM DISPATCH RECORDS; PROVIDING FOR SYSTEM
PERFORMANCE REVIEWS; TO PROVIDE FOR FALSE ALARM NOTIFICATIONS;
PROVIDING FOR APPEAL OF FEES OR PENALTIES; PROVIDING FOR
SEVERABILITY,INCLUSION IN THE CODE AND PROVIDING FOR AN EFFECTIVE
DATE.
ACTION: City Clerk Brown-Morilla read the title and City Attorney Dannheisser
introduced the proposed ordinance. Commissioner Kauffman asked about including fire
alarms also, however the City Attorney noted that Miami-Dade County handles fire calls,
not the City.
Public Speakers: none
Vice Mayor Turetsky 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 11, 1999, at 7:00 p.m.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow yes
Vice-Mayor Turetsky
Mayor Samson yes
8. ORDINANCES FOR SECOND READING (PUBLIC HEARINGS)
8A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING
SECTION 33-84 "DEFINITIONS" 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 ILLUMINATION 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 item.
Public Speakers: Luis Soro
Commissioner Kauffman asked about having a master plan relating to signs, and the City
Attorney said there would eventually be a comprehensive sign ordinance.
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to adopt
Summary Minutes of the February 11, 1999, City Commission Meeting - Page 3 of 10
the ordinance on second reading. Ordinance No. 99-61 was adopted by a roll call vote
of 5-0 in favor.
Vote: Commissioner Iglesias
Commissioner Kauffman y
Commissioner Morrow yes
Vice-Mayor Turetsky
Mayor Samson ves
8B. 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 item.
Public Speakers: Don Stewart; Phillip Chernoff
Commissioner Kauffman asked how individuals would pay for their license. Mayor Samson
and City Manager DiPietro responded that the fees will be the same,and be handled the same
as other licenses.
Commissioner Morrow moved and Vice Mayor Turetsky seconded a motion to adopt the
ordinance with an amendment to allow for one employee with criteria to regulate the
activity so as not to adversely impact the community. The motion failed by a roll call
vote of 2-3 in favor.
Vote: Commissioner Iglesias no
Commissioner Kauffman no
Commissioner Morrow yes
Vice-Mayor Turetsky
Mayor Samson no
Commissioner Iglesias expressed concerns regarding the parking demands in some
condominium buildings if multiple businesses were allowed to operate. Commissioner
Kauffman suggested the need for an appeal process for hardship situations.
Commissioner Kauffman moved and Vice Mayor Turetsky seconded a motion to adopt the
ordinance with an amendment to allow for an appeal for hardship exception which
could be appealed to the City Commission. The motion failed by a roll call vote of 2-3
in favor.
Vote: Commissioner Iglesias no
Commissioner Kauffman yes
Summary Minutes of the February 11, 1999, City Commission Meeting - Page 4 of 10
Commissioner Morrow no
Vice-Mayor Turetsky ves
Mayor Samson no
Commissioner Iglesias moved and Commissioner Morrow seconded a motion to defer the
ordinance, which was adopted by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias ves
Commissioner Kauffman yes
Commissioner Morrow ves
Vice-Mayor Turetsky ves
Mayor Samson ves
[City Clerk's note: After the meeting, the proposed ordinance was administratively
withdrawn.]
8C. 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 ADMNISTRATIVE
REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE.
ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced
the item.
Public Speakers: none
Commissioner Kauffman moved and Iglesias seconded a motion to adopt the ordinance
on second reading. Ordinance No. 99-62 was adopted by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias
Commissioner Kauffman yes
Commissioner Morrow des
Vice-Mayor Turetsky ves
Mayor Samson ves
9. RESOLUTIONS: (Items (9-A, 9-B were Public Hearings,)
9A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, REQUESTING A WAIVER FROM ORDINANCE NO. 98-40 IN
ACCORDANCE WITH SECTION 2 THEREOF, TO PUBLIC STORAGE, INC.,
LOCATED AT 301 SUNNY ISLES BOULEVARD,TO ALLOW CONSIDERATION OF
A ZONING APPLICATION REQUESTING APPROVAL FOR THE STORAGE OF
RENTAL TRUCKS IN CONJUNCTION WITH AN EXISTING PUBLIC STORAGE
FACILITY; PROVIDING FOR AN EFFECTIVE DATE.
ACTION: [City Clerk's note: this was an advertised public hearing] City Clerk Brown-
Morilla read the title, and Zoning & Code Administrator Jorge Vera introduced the item,
recommending approval.
Summary Minutes of the February 11, 1999, City Commission Meeting - Page 5 of 10
Public Speakers: none
Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve
the proposal. Resolution No. 99-121 was adopted by a roll call vote of 4-1 in favor.
Vote: Commissioner Iglesias ves
Commissioner Kauffman ves
Commissioner Morrow
Vice-Mayor Turetsky no
Mayor Samson ves
9B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, REQUESTING A WAIVER FROM ORDINANCE NO. 98-40 IN
ACCORDANCE WITH SECTION 2 THEREOF, TO GOLDEN GATE ESTATES AND
MARINA,LOCATED AT 19500 COLLINS AVENUE,TO ALLOW CONSIDERATION
OF A ZONING APPLICATION REQUESTING APPROVAL FOR A DETACHED SIGN
FOR AN EXISTING RESIDENTIAL DEVELOPMENT; PROVIDING FOR AN
EFFECTIVE DATE.
ACTION: [City Clerk's note: this was an advertised public hearing] City Clerk Brown-
Morilla read the title, and Zoning & Code Administrator Jorge Vera introduced the item,
recommending approval.
Public Speakers: none
Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve
the proposal. Resolution No. 99-122 was adopted by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow yes
Vice-Mayor Turetsky Yes
Mayor Samson ves
9C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, REQUESTING A WAIVER FROM ORDINANCE NO. 98-40 IN
ACCORDANCE WITH SECTION 2 THEREOF,TO INTERCOASTAL YACHT CLUB,
LOCATED AT 16900 NORTH BAY ROAD, TO ALLOW CONSIDERATION OF A
ZONING APPLICATION REQUESTING A MODIFICATION TO CITY RESOLUTION
NO. 98-Z-8 (WHICH GRANTED APPROVAL OF AN APARTMENT AND
APARTMENT/HOTEL USE), TO GRANT THE APPLICANT A USE VARIANCE TO
PERMIT ADDITIONAL DENSITY IN ORDER TO CONVERT THE HOTEL USE TO
RESIDENTIAL USE; PROVIDING FOR AN EFFECTIVE DATE.
ACTION: [City Clerk's Note: Administratively withdrawn by memo per the request of
Stanley Price, Esq., the applicant's attorney.]
Summary Minutes of the February 11, 1999, City Commission Meeting - Page 6 of 10
9D. 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 GRANT ON BEHALF OF THE
CITY IN THE AMOUNT OF EIGHTY THOUSAND ($80,000) DOLLARS FOR THE
PROCUREMENT OF A MARINE VESSEL FOR THE POLICE DEPARTMENT TO
ENFORCE BOATING SAFETY AND ENVIRONMENTAL REGULATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
ACTION: City Clerk Brown-Morilla read the title, and Police Commander Nannette
Murray introduced the item.
Public Speakers: none
Commissioner Morrow moved and Commissioner Kauffman seconded a motion to approve
the proposal. Resolution No. 99-123 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 ves
Mayor Samson yes
9E. A RESOLUTION OF THE CITY OF SUNNY t ISLES BEACH, FLORIDA, ADOPTING
ADMINISTRATIVE REGULATIONS 1-2, 1-3, 1-4, 1-6,AND 2-1,IN ACCORDANCE
WITH ORDINANCE NO. 99- 62; PROVIDING FOR AN EFFECTIVE DATE.
ACTION: [City Clerk's Note: Administratively withdrawn by memo, and rescheduled for
advertised public hearing on Thursday March 11, 1999 at 7:00 p.m.]
9F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH,FLORIDA,APPROVING THE TRANSFER OF CONTROL OF THE CABLE
TELEVISION FRANCHISE FROM RIFKIN NARRAGANSETT CATV LIMITED
PARTNERSHIP ("RNSF") TO INTERLINK COMMUNICATIONS PARTNERS,
LLLP ("ICP"); PROVIDING FOR AN EFFECTIVE DATE.
ACTION: City Clerk Brown-Morilla read the title, and City Attorney Dannheisser
introduced the item,noting that it was conditioned on successful negotiation of an agreement
of cable franchise.
Public Speakers: none
Commissioner Kauffman moved and Commissioner Morrow seconded a motion to approve
the proposal. Resolution No. 99-124 was adopted by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias ves
Commissioner Kauffman ves
Commissioner Morrow yes
Vice-Mayor Turetsky ves
Mayor Samson • ves
Summary Minutes of the February 11, 1999, City Commission Meeting - Page 7 of 10
9G. A RESOLUTION OF CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, REAPPOINTING MANUEL RAMOS AS A SPECIAL MASTER FOR A
PERIOD OF ONE YEAR, IN ACCORDANCE WITH ORDINANCE NO. 98-57;
PROVIDING FOR AN EFFECTIVE DATE.
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.
Public Speakers: none
Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve
both agenda items 9-G and 9-H. Resolution No. 99-125 was adopted by a roll call vote
of 5-0 in favor.
Vote: Commissioner Iglesias ves
Commissioner Kauffman ves
Commissioner Morrow yes
Vice-Mayor Turetsky yes
Mayor Samson ves
9H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, APPOINTING MARSHALL ADER AS A SPECIAL MASTER,
FOR A PERIOD OF ONE YEAR, IN ACCORDANCE WITH ORDINANCE NO. 98-57;
PROVIDING FOR AN EFFECTIVE DATE.
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.
Public Speakers: none
Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve
both agenda items 9-G and 9-H. Resolution No. 99-126 was adopted by a roll call vote
of 5-0 in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow ves
Vice-Mayor Turetsky ves
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Mayor Samson yes
91. Add-On item A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA,APPROVING AN AMENDMENT TO THE
VEHICLE LEASE AGREEMENT WITH MIAMI-DADE COUNTY,PREVIOUSLY
APPROVED BY RESOLUTION NO. 98-105; AUTHORIZING THE CITY
Summary Minutes of the February 11, 1999, City Commission Meeting - Page 8 of 10
MANAGER TO EXECUTE SAID VEHICLE TRANSFER AGREEMENT;
PROVIDING FOR AN EFFECTIVE DATE.
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.
Public Speakers: none
Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve
both agenda items 9-G and 9-H. Resolution No. 99-126 was adopted by a roll call vote
of 5-0 in favor.
Vote: Commissioner Iglesias ves
Commissioner Kauffman ves
Commissioner Morrow ves
Vice-Mayor Turetsky ves
Mayor Samson
10. MOTIONS:
A. SCHEDULING OF SPECIAL COMMISSION MEETING-MARCH 3, 1999 AT 6:00 P.M.
ACTION: This item was administratively withdrawn by memo, noting that a Special City
Commission meeting (for a first reading/public hearing on the proposed RU-4A zoning
ordinance)has been scheduled for Thursday, February 18, 1999 at 5:01 p.m.,with a second
Special City Commission meeting tentatively scheduled for a second reading/public hearing
on Monday, March 1, 1999 at 5:01 p.m.
11. DISCUSSION ITEMS:
A. Mayor Samson announced that the community shuttle bus service would begin on Tuesday,
February 23, 199, and provide free rides for the first month.
12. REQUESTS, PETITIONS & OTHER COMMUNICATIONS:
A. Luis Soro inquired and expressed opinions regarding restrictions on signs particularly when
appearing on vehicles. Phillip Chemoff noted that an agenda item had authorized granting
a waiver from the moratorium To Public Storage,Inc., located at 301 Sunny Isles Boulevard,
to allow consideration of a zoning application requesting approval for the storage of rental
trucks in conjunction with an existing public storage facility. [City Clerk's note: see agenda
item 9-A] He commented that those rental vans generally have signs, including rental rates,
painted on the sides, and would therefore be illegal.
B. Don Stewart commented that if the proposed Police marine patrol vessel was necessary, the
City should get it now. [City Clerk's note: see agenda item 9-D]
Summary Minutes of the February 11, 1999, City Commission Meeting - Page 9 of 10
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13. ADJOURNMENT:
Commissioner Morrow moved and Commissioner Iglesias seconded a motion to adjourn the meeting
which was approved by a unanimous voice vote at 8:18 p.m.
Respectfully submitted by: Approved b. the City Commission this 11 ih day of
March, 19
4 114 ��l/�,/
r ,' .,Richard Blown-Morilla, City Clerk David Samson, Mayor
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ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO LOBBYING. PLEASE CONTACT
THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION.
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Summary Minutes of the February 11, 1999, City Commission Meeting - Page 10 of 10