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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 • 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 • 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 •7i z ± i t a s' fr • i ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO LOBBYING. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. • Summary Minutes of the February 11, 1999, City Commission Meeting - Page 10 of 10