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HomeMy WebLinkAbout2001-0712 Regular City Commission Meeting SUMMARY MINUTES Thursday, July 12, 2001, 7:00 p.m. CITY OF SUNNY ISLES BEACH, FLORIDA ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS,COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:03 p.m., with the following officials present: Mayor David Samson Vice Mayor Lila Kauffman Commissioner Danny Iglesias Commissioner Connie Morrow Commissioner Irving Turetsky City Manager Christopher J. Russo City Attorney Lynn M. Dannheisser City Clerk Richard Brown-Morilla 2. PLEDGE OF ALLEGIANCE AND INVOCATION Action: Commissioner Danny Iglesias led the Pledge of Allegiance to the flag. 3. APPROVAL OF MINUTES - None 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Item 9A prior to hearing 7A; 9A.Additional Information; and 9D. Amendment to Resolution. Action: City Attorney Dannheisser requested that item 9A (Impact Fee Manual & Report) be heard prior to item 7A and that a memo from Jorge Vera regarding impact fees be added to 9A, and the City Commission agreed. City Clerk Brown-Morilla requested that Resolution 9D amending the recipients be replaced. Commissioner Morrow moved and Commissioner Iglesias seconded a motion to make the changes to the agenda and it was approved by a voice vote of 5-0. 5. SPECIAL PRESENTATIONS - None 6. ZONING (No Zoning Hearings Scheduled) Summary Minutes:Special City Commission Meeting July 12,2001 City of Sunny Isles Beach,Florida 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Repealing Ordinance Numbers 98-17 and 98-25;Providing for the Imposition of a Police Facilities Impact Fee on All New Residential and Non-Residential Development; Providing for Purpose and Intent; Providing for Rules of Construction and Definitions; Providing for Procedures for Imposition, Calculation, Collection, Expenditure and Administration of Impact Fees; Providing for Impact Fee Accounts, Appropriation of Fees and Refund of Fees; Providing for Procedures for Appeal; Providing for Exemptions/Waiver; Providing for Enforcement; Providing for Method of Payment; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title. City Attorney Dannheisser read her report indicating it applied to all three proposed impact fee ordinances [City Clerk's note: see also agenda items 7B, and 7C]. She noted there were minor amendments to each proposed impact fee ordinance: on page 2 of the ordinance, in the 5'h Whereas clause, delete the word "additional" and replace the words "future replacement"police vehicles;on page 1 Oofthe ordinance, Section D,Collection(1)c, delete the words"letter of credit"and replace with"performance bond", and delete the phrase"irrevocable letter of credit" and replace with "cash bond"; and on page 13 of the ordinance, Section 5 Appeals, in fifth line,delete"cash"and replace with"performance"bond, and delete"or letter of credit", and in the last line on that page, delete the words "or letter of credit". • Mayor Samson asked the City Clerk to make those changes in each ordinance prior to second reading. City Attorney Dannheisser said that the votes would be separate for each ordinance. Public Speakers: none Commissioner Iglesias moved and Vice Mayor 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 held on Tuesday, July 24, 2001, at 5:00 p.m. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman y Mayor Samson yes 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Repealing Ordinance Numbers 98-18 and 98-26;Providing for the Imposition of a Parks and Recreation Impact Fee on All New Residential Development; Providing for Purpose and Intent; Providing for Rules of Construction and Definitions; Providing for Procedures for Imposition, Calculation, Collection, Expenditure and Administration of Impact Fees; Providing for Impact Fee Accounts, Appropriation of Impact Fees and 2 Summary Minutes:Special City Commission Meeting July 12,2001 City of Sunny Isles Beach,Florida Refund of Fees; Providing for Procedures for Appeals; Providing for Exemptions/Waiver; Providing for Enforcement; Providing for Method of Payment; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title.[City Clerk's note: see agenda item 7A for City Attorney Dannheisser's report which applies to all three proposed impact fee ordinances, with minor amendments noted for the recordJ. Public Speakers: none Commissioner Turetsky 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 held on Tuesday, July 24, 2001, at 5:00 p.m. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky y Vice Mayor Kauffman yes Mayor Samson yes 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Providing for the Imposition of a Municipal Facilities Impact Fee on All New Residential and Non-Residential Development;Providing Purpose and Intent;Providing for Rules of Construction Definitions; Providing for Procedures for the Imposition, Calculation, Collection, Expenditure and Administration of Impact Fees; Providing for Impact Fee Accounts, Appropriation of Fees and Refund of Fees; Providing for Procedures for Appeal; Providing for Exemptions/Waivers;Providing for Enforcement; Providing for Method of Payment;Providing for Severability;Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title.[City Clerk's note:see agenda item 7A for City Attorney Dannheisser's report which applies to all three proposed impact fee ordinances, with minor amendments noted for the record]. Public Speakers: none Vice Mayor 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 held on Tuesday, July 24, 2001, at 5:00 p.m. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 3 • Summary Minutes:Special City Commission Meeting July 12,2001 City of Sunny Isles Beach,Florida 8. ORDINANCES FOR SECOND READING (Public Hearings) 8A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 2000-88, Establishing the Operating Departments of the City;Providing for Severability;Providing for Repealer;Providing for an Effective Date. (First Reading 6/21/01) Action: City Clerk Brown-Morilla read the title and City Manager Russo introduced the item. Public Speakers: none Commissioner Turetsky moved and Vice Mayor Kauffman seconded a motion to adopt the ordinance. Ordinance No. 2001-123 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 8B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 99-65, Pertaining to "Elections," By Amending Section 5, "Canvass of Election Returns,Certificate of Election"By Revising the Composition of the Canvassing Board; Providing for Repeal of Conflicting Provisions; Providing for Severability; Inclusion in the Code; and Providing for an Effective Date. (First Reading 6/21/01) Action: City Clerk Brown-Morilla read the title and gave his report. Public Speakers: none Vice Mayor Kauffman moved and Commissioner Turetsky seconded a motion to adopt the ordinance. Ordinance No. 2001-124 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 8C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance Numbers 2000-87&2000-98;to Include a Subsection(E)Entitled "Termites; Development of Land; Annual Inspection";Providing for the Mandatory 4 Summary Minutes:Special City Commission Meeting July 12,2001 City of Sunny Isles Beach,Florida Treatment of Vacant Land; Providing for the Annual Inspection of Multi-Complex Dwellings of Ten(10)Units or More; Providing for Penalties;Providing for a Repealer; Providing for Severability; Providing for Inclusion in the Code; and Providing for an Effective Date. (Requested by Mayor David Samson) (First Reading 6/21/01) Action: City Clerk Brown-Morilla read the title and Mayor Samson presented his report. Public Speakers: none Commissioner Morrow moved and Vice Mayor Kauffman seconded a motion to adopt the ordinance. Ordinance No. 2001-125 was adopted by a roll call vote of 5-0 in favor. • Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 8D. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Designating the Code of Ordinances of the City of Sunny Isles Beach; Providing for Definitions and Rules of Construction for Code of Ordinances; Providing for the Repealing and Severability of Parts of the Code; Providing for an Effective Date for MI Ordinances; Further Providing for General Penalties for Violations of Code of Ordinances; Providing for an Effective Date. (First Reading 6/21/01) Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser gave her report. Mr. Malkin suggested that after the codification of the Code of Ordinances it would be helpful to have a copy on file with the Public Library in Aventura. Public Speakers: Joseph Malkin Commissioner Morrow moved and Commissioner Turetsky seconded a motion to adopt the ordinance. Ordinance No. 2001-126 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 5 Summary Minutes:Special City Commission Meeting July 12,2001 City of Sunny Isles Beach,Florida 8E. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Repealing City Ordinance No. 99-64 Entitled "Security Alarms" and Creating a New Ordinance of the City of Sunny Isles Beach Entitled "Alarm Systems Registration"; Providing for a Purpose;Providing Definitions;Providing for Registration;Providing for Registration Fee; Providing for Alarm Systems in Apartment Complexes;Providing for Proper Alarm Systems Operation and Maintenance; 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. (First Reading 6/21/01) Action: City Clerk Brown-Morilla read the title and Code Enforcement and Licensing Director Christopher Steers gave his report. Commissioner Turetsky noted that the responsibility is being switched from the Police Department to Licensing and Code Enforcement. Public Speakers: Gerry Goodman Vice Mayor Kauffman moved and Commissioner Turetsky seconded a motion to adopt the ordinance. Ordinance No. 2001-127 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 8F. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Repealing City Ordinance No. 2000-103 Entitled "Certificates of Use"; Amending Definitions; Providing for Application Procedures; Providing for an Origination Fee of S80; Providing for a S35 Annual Renewal Fee; Providing for Specific Grounds for Denial; Providing for Duties of the Code Enforcement& Licensing Director; Providing for Approval of Business Location; Providing for Lost or Stolen Certificates; Providing for Revocation of Certificate of Use; Providing for Procedures Pursuant to Which a Certificate of Use is Revoked; Providing for Right of Inspection; Providing for Severability;Providing for Repeal of Conflicting Provisions; Providing for Inclusion in Code; Providing for an Effective Date. (First Reading 6/21/01) Action: City Clerk Brown-Morilla read the title and Code Enforcement and Licensing Director Chris Steers gave his report. Vice Mayor Kauffman asked about a computer system for automatic renewal notification that could then be mailed. Mr. Steers noted that in part the purpose was to also grant the authority to do inspections. Public Speakers: none 6 Summary Minutes:Special City Commission Meeting July 12,2001 City of Sunny Isles Beach,Florida Commissioner Morrow moved and Commissioner Turetsky seconded a motion to adopt the ordinance. Ordinance No. 2001-128 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 8G. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Repealing All References to the "Planning Director", "Community Planning & Development Director" or "Director of Building, Planning and Zoning" (or Some Facsimile Thereof)Contained in the Ordinances Listed in the Attached Exhibit"A,"and Substituting Therefore the Term"City Manager and His/Her Designee,"as Appropriate; Providing for Severability; Providing for Repealer; Providing Inclusion into the Code; and Providing for an Effective Date. (First Reading 6/21/01) Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser gave her report. Public Speakers: none Commissioner Turetsky moved and Vice Mayor Kauffman seconded a motion to adopt the ordinance. Ordinance No. 2001-129 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 8H. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Relating to Requiring and Collecting Permit Fees from Providers of Communications Services and Increasing the Local Communications Services Tax; Providing for Intent; Providing for Election Not to Require and Collect Permit Fees; Providing for Election to Increase Local Communications Services Tax; Providing for Notice to the Department of Revenue; Providing for Repealer; Providing for a Savings Clause; Providing for Severability; Providing for an Effective Date. (First Reading 6/21/01) Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser gave her report for both agenda items H and I. Public Speakers: none 7 Summary Minutes:Special City Commission Meeting July 12,2001 City of Sunny Isles Beach,Florida Commissioner Turetsky moved and Commissioner Iglesias seconded a motion to adopt the ordinance. Ordinance No. 2001-130 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 8I. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Relating to Increasing the Local Communications Services Tax Rate; Providing for . Intent;Providing for Increased Local Communications Services Tax Rate;Providing for Notice to the Department of Revenue; Providing for Severability; Providing for an Effective Date. (First Reading 6/21/01) Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser gave her report. Public Speakers: none Vice Mayor Kauffman moved and Commissioner Morrow seconded a motion to adopt the ordinance. Ordinance No. 2001-131 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Morrow y Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 8J. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Requiring Charges Incurred by the City for Such Consultants that May be Necessary for Any Zoning Application Including Engineering, Planning, Legal, Technical,or Environmental Consultant or Professional(s)Employed by the City to be Paid by the Applicant in Accordance with the Actual Hourly Rates, in Addition to Any Other Application Fees Required by Law; Providing that the Applicant Shall Reimburse the City for the Cost of Such Consultant Services Upon Submission of a Copy of the Voucher; Providing for the Establishment of an Escrow Account From Which Withdrawals May be Made to Reimburse the City for the Cost of Professional Review Services;Providing that the Balance in Such Escrow Account When Reduced to One-Third of the Initial Amount, Shall Require the Applicant to Deposit Additional Funds into Such Account to Bring Its Balance Up to the Amount of the Initial Deposit Such that if Such an Account is Not Replenished Within Thirty (30) Days After the Applicant is Notified, in Writing, of the Requirement for Such Additional Deposit, the 8 Summary Minutes:Special City Commission Meeting July 12,2001 City of Sunny Isles Beach,Florida City May Suspend Its Review of the Application; and Further Providing that a Building Permit or Certificate of Use and Occupancy Shall Not be Issued Unless All Professional Review Fees Charged in Connection With the Applicant's Project Have Been Reimbursed;Providing that All Fees Required Under This Ordinance Shall be Collected by the Zoning Director;Providing for Repealer;Providing for Severability;Providing for Inclusion into the Code; Providing for an Effective Date. (First Reading 6/21/01) Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser gave her report. Public Speakers: none Vice Mayor Kauffman moved and Commissioner Iglesias seconded a motion to adopt the ordinance. Ordinance No. 2001-132 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 9. RESOLUTIONS 9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Adopting the Manual and Report Attached as Exhibit "A", Providing Rationale, Data Sources and Methodologies Used to Derive Impact Fees for Police,Parks and Recreation, and Municipal Facilities as Imposed Ordinances Numbers 2001- 2001- 2001- ; Providing for Definitions; Adopting General Provisions and Applicability, Including Types of Development Affected and Effective Payment of Impact Fees and Other Applicable Land Use and Land Development Regulations; Adopting Procedures for Imposition, Calculation and Collection of Impact Fees; Providing for Repealer; Providing for an Effective Date. Action: [City Clerks Note: This item was heard prior to 7A, and a memo regarding Analysis of Impact Fees from Zoning Director Jorge Vera was distributed at the meeting. The Ordinances referenced in the title are the proposed ordinances considered on first reading in this agenda; see agenda items 7A, 7B and 7C]. City Clerk Brown- Morilla read the title and City Attorney Dannheisser gave her report. Public Speakers: none Commissioner Morrow moved and Vice Mayor Kauffman seconded a motion to approve the resolution. Resolution No. 2001-343 was adopted by a voice vote of 5-0 in favor. 9 Summary Minutes:Special City Commission Meeting July 12,2001 City of Sunny Isles Beach,Florida 9B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2001-328 Establishing a Revised Schedule for City Commission Meetings for the Remainder of Calendar Year 2001 by Calling for Special Meetings on: Tuesday, July 24, 2001 to Adopt the Impact Fee Ordinances; Tuesday, July 31, 2001 to Adopt Ordinances from July 19, 2001; Tuesday, September 4, 2001 and Wednesday, September 19, 2001 for Fiscal Year 2001/02 Budget Hearings; and Wednesday, September 12, 2001 to Accept the Results of the General Election and Install the Officers; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title. He asked the Commission to amend the proposal to add another Special Meeting to hear second reading of an ordinance authorizing the State Revolving Loan for stormwater improvements. The proposal Resolution was amended to include a Special Meeting on Tuesday, July 31, 2001 at 12:30 p.m. Vice Mayor Kauffman reported she would be out of town on that date. Public Speakers: none Commissioner Morrow moved and Commissioner Turetsky seconded a motion to approve the resolution as amended. Resolution No.2001-344 was adopted by a voice vote of 5-0 in favor. 9C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Mayor to Enter into a Local Area Programming (LAP) Agreement with the Florida Department of Transportation; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo gave his report. George Fisher will take the executed Resolution and Agreement to FDOT since this is a timely issue. Public Speakers: none Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2001-345 was adopted by a voice vote of 5-0 in favor. 9D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Rescinding Resolution No. 2001-339,that had Supported a Baby Teeth Study Known as the"Tooth Fairy Project",Relating to Radiation and Public Health; Establishing a City Commission Policy of Not Adopting Any Resolution that goes Beyond the Scope of Matters Directly Affecting the Health,Safety and Welfare of the Residents of the City of Sunny Isles Beach; and Providing for an Effective Date. Action: [City Clerks Note:a revised Resolution and a new memo was handed out at the meeting] City Clerk Brown-Morilla read the title and noted that the at the request of Florida Power and Light Company, the proposed Resolution was revised to include in Section 3 distributing copies of the rescinding Resolution to additional entities that had received the original Resolution No. 2001-339 (adding 30 Miami-Dade County 10 Summary Minutes:Special City Commission Meeting July 12,2001 City of Sunny Isles Beach,Florida Municipalities, Miami-Dade County Mayor Alex Penelas, and the Dade League of Cities). Mayor Samson gave a report. Public Speakers: none Commissioner Turetsky moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2001-346 was adopted by a voice vote of 5-0 in favor. The City Clerk will distribute the Resolution to the appropriate parties. 10. MOTIONS - None 11. DISCUSSION ITEMS A. Add-on: Introduction of new Human Resources Director City Manager Russo introduced Tom Acquaro,the City's first Human Resources Director, and a new resident of the City. B. Add-on: Commission designee for the Canvassing Board Commissioner Turetsky asked about the City Commission designee for the Canvassing Board, and City Clerk responded that the item would appear on their July 19,2001 agenda, at which time the Commission would be asked to select one registered voter to serve on the Canvassing Board,and who would remain neutral in the Election. Mayor Samson asked if the incumbent members on the Commission who were candidates could be apolitical in their selection. 12. CITIZENS' FORUM:REQUESTS,PETITIONS&OTHER COMMUNICATIONS 13. ADJOURNMENT Vice Mayor Kauffman moved and Commissioner Iglesias seconded a motion to adjourn the meeting. The motion was approved by a unanimous voice vote of 5-0 at 8:04 p.m. Respectfully submitted by: Approved ., the City Commission on July 19,2001 - Ji r i ‘‘Y • A 1 / Richard Brown-Morilla, City Clerk David Samson, ayor r. 4 11 *