HomeMy WebLinkAbout1998-0108 Regular City Commission Meeting
City of Sunny Isles Beach
City Hall, 17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida
SUMMARY MINUTES
City Commission Meeting - Thursday, January 8, 1998
I. CALL TO ORDER AND ROLL CALL: The meeting was called to order by MayorSamson
at 7:05 p.m. The following officials were present:
Mayor David Samson
Vice-Mayor Irving Turetsky
Commissioner Danny Iglesias
Commissioner Lila Kauffman
Commissioner Connie Morrow (returned at 7:07 p.m.)
City Manager James DiPietro
City Attorney Lynn M. Dannheisser
City Clerk Richard Brown-Morilla
II. PLEDGE OF ALLEGIANCE:
ACTION: Commissioner Lila Kauffman led the Pledge of Allegiance.
III. APPROVAL OF MINUTES:
ACTION: Mayor Samson requested two revisions to the minutes of the December 11,
1997 Commission meeting: on page 9, item "0", replacing the phrase "County Attorney"
with "City Attorney"; and on page 10, item "H", clarifying that the Public Workshop of
January 6, 1998 occured in the Sunny Isles Beach Resort Association Conference Room.
Commissioner Morrow moved, and Vice-Mayor Turetsky seconded approval of the
minutes, as revised, of the December 11, 1997 Commission Meeting. The motion was
approved by a voice vote of 5-0 in favor.
City Clerk Brown-Morilla reported that he had reviewed the tapes from the meeting of
November 20, 1997, as Commissioner Kauffman had requested. During the November
20th meeting, there had not been a motion to defer the zoning item in question [Agenda
item IX (1) Collins Restaurant Group, Inc. d/b/a Black Angus Steakhouse, Hearing #97-
389] and so the minutes correctly stated the facts. Commissioner Morrow moved and
Commissioner Iglesias seconded a motion to approve the minutes of the November 20,
1997 Commission Meeting. The motion was approved by a voice vote of 5-0 in favor.
IV. AGENDA/ORDER OF BUSINESS (additions/deletions/withdrawals)
Reflected in these minutes where appropriate. [Clerk's Note: Agenda Items were
renumbered prior to the meeting, but after the agenda package was prepared.]
ACTION: City Attorney Dannheisser reported that the second reading of the proposed
Page 1 of 8 - Minutes of the January 8, 1998, City Commission meeting
City of Sunny Isles Beach
City Hall, 17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida
SUMMARY MINUTES
City Commission Meeting — Thursday, January 8, 1998
1. CALL TO ORDER AND ROLL CALL: The meeting was called to order by MayorSamson
at 7:05 p.m. The following officials were present:
Mayor David Samson
Vice -Mayor Irving Turetsky
Commissioner Danny Iglesias
Commissioner Lila Kauffman
Commissioner Connie Morrow (returned at 7:07 p.m.)
City Manager James DiPietro
City Attorney Lynn M. Dannheisser
City Clerk Richard Brown - Morilla
II. PLEDGE OF ALLEGIANCE:
ACTION: Commissioner Lila Kauffman led the Pledge of Allegiance.
111. APPROVAL OF MINUTES:
ACTION: Mayor Samson requested two revisions to the minutes of the December 11,
1997 Commission meeting: on page 9, item "D ", replacing the phrase "County Attorney"
with "City Attorney ", and on page 10, item "H ", clarifying that the Public Workshop of
January 6, 1998 occured in the Sunny Isles Beach Resort Association Conference Room.
Commissioner Morrow moved, and Vice -Mayor Turetsky seconded approval of the
minutes, as revised, of the December 11, 1997 Commission Meeting. The motion was
approved by a voice vote of 5 -0 in favor.
City Clerk Brown - Morilla reported that he had reviewed the tapes from the meeting of
November 20, 1997, as Commissioner Kauffman had requested. During the November
20th meeting, there had not been a motion to defer the zoning item in question [Agenda
item IX (1) Collins Restaurant Group, Inc. d /b /a Black Angus Steakhouse, Hearing #97-
389] and so the minutes correctly stated the facts. Commissioner Morrow moved and
Commissioner Iglesias seconded a motion to approve the minutes of the November 20,
1997 Commission Meeting. The motion was approved by a voice vote of 5 -0 in favor.
IV. AGENDA/ORDER OF BUSINESS ( additions /deletions /withdrawals)
Reflected in these minutes where appropriate. [Clerk's Note: Agenda Items were
renumbered prior to the meeting, but after the agenda package was prepared.]
ACTION: City Attorney Dannheisser reported that the second reading of the proposed
Page 1 of 8 - Minutes of the January 8, 1998, City Commission meeting
Occupational License Tax Ordinance was withdrawn from the agenda. Commissioner
Kauffman inquired if the agenda item relating to a moratorium [see item VII, B (4)]
"included signs as well as the building, until we get our Building and Zoning person on
board ?" Mayor Samson clarified that the moratorium related to the issuance of permits for
wireless transmission and tower facilities within the City.
V. SPECIAL PRESENTATIONS:
A. MAYOR'S STATE OF THE CITY ADDRESS AS REQUIRED BY SECTION
2.2(a)(iii) OF THE CITY CHARTER.
ACTION: Mayor Samson read his State of the City Address covering the first six months
of the City's existence. [the full text appears in the agenda package]
B. INTRODUCTION OF NEW EMPLOYEES
ACTION: City Manager DiPietro introduced three new City employees: Priscilla Walker,
Executive Secretary to the City Manager; Jorge Vera, Zoning and Code Administrator; and
Jack Neustadt, Finance Director.
C. PRESENTATION FROM CHARLES WACHSBERG:
ACTION: Charles Wachsberg, the artist who designed and created the City Seal,
presented each City Official with a signed photocopy of the City Seal. Mr. Wachsberg also
presented the City with a large painting of the new City Seal. He also asked the City
Officials to autograph one of the copies of the City Seal for him to keep as a momento.
VI. ZONING: no items
VII. ORDINANCES:
A. FIRST READING:
1. AN ORDINANCE RELATING TO THE RULES OF PROCEDURE OF THE CITY
COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA; REPEALING
SECTION 2 -1 OF ARTICLE 1, CHAPTER 2 OF THE CODE OF METROPOLITAN
DADE COUNTY, FLORIDA, IN ITS ENTIRETY, RESOLUTION 97 -2 OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, ADOPTING ROBERT'S RULES OF ORDER,
ENACTING THE NEW RULES OF PROCEDURE OF THE CITY COMMISSION,
PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE
DATE.
ACTION: The City Clerk read the ordinance by title. The City Attorney explained that the
ordinance had been substantially revised as a result of suggestions that were made during
the City Commission Public Workshop on Tuesday, January 6, 1998, and subsequent
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suggestions from the City Manager. Commissioner Morrow moved and Commissioner
Iglesias seconded a motion to adopt the ordinance on first reading, which was
approved by a roll call vote of 5 -0 in favor. Second reading and public hearing will
be on January 22, 1997.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow yes
Vice -Mayor Turetsky yes
Mayor Samson yes
2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, ESTABLISHING AN INTERIM IMPACT FEE SCHEDULE FOR
POLICE SERVICES; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING
DEFINITIONS; PROVIDING FOR IMPACT FEES IN GENERAL; PROVIDING FOR
IMPACT FEE COMPUTATION FORMULA; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR IMPACT FEE EXPENDITURES; PROVIDING FOR
ESTABLISHMENT OF IMPACT FEE FUND; PROVIDING FOR SEVERABILITY AND
AN EFFECTIVE DATE.
ACTION: The City Clerk read the ordinance by title. The City Attorney explained that the
ordinance is designed to have new developments pay an impact fee based on the
County's computation of the cost of providing police services for the new development.
The cost per unit is approximately $96.00 /residential unit, and $.14 /square foot for non-
residential.
Public Speakers: James Wood
Commissioner Morrow moved and Vice -Mayor Turetsky seconded a motion to adopt the
ordinance on first reading, which was approved by a roll call vote of 5 -0 in favor.
Second reading and public hearing will be on January 22, 1997.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow yes
Vice -Mayor Turetsky yes
Mayor Samson yes
3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, ESTABLISHING INTERIM PARKS AND RECREATION IMPACT
FEES SCHEDULE; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING
DEFINITIONS; PROVIDING FOR IMPACT FEES IN GENERAL; PROVIDING FOR
IMPACT FEE SCHEDULE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR
IMPACT FEE EXPENDITURES; PROVIDING FOR ESTABLISHMENT OF IMPACT
FEE FUND, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
ACTION: The City Clerk read the ordinance by title. Mayor Samson explained that this
ordinance was to establish interim parks and recreation impact fees. He noted that
although land was in short supply in the City and funding is not currently available, we
Page 3 of 8 - Minutes of the January 8, 1998, City Commission meeting
would like to have parks and recreation areas, and are looking at possible projects.
Public Speakers. Stella Halpern
Commissioner Morrow moved and Commissioner Kauffman seconded a motion to adopt
the ordinance on first reading, which was approved by a roll call vote of 5 -0 in favor.
Second reading and public hearing will be on January 22, 1997.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow yes
Vice -Mayor Turetsky yes
Mayor Samson yes
VII. ORDINANCES:
B. SECOND READINGIPUBLIC HEARINGS:
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, GRANTING TO BELLSOUTH TELECOMMUNICATIONS, INC., A
NON- EXCLUSIVE PERMISSION IN THE CITY OF SUNNY ISLES BEACH;
AUTHORIZING BELLSOUTH TELECOMMUNICATIONS, INC., TO USE THE PUBLIC
RIGHTS -OF -WAY AND STREETS OF THE CITY, FOR THE PURPOSE OF
ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF
TELEPHONE EQUIPMENT THEREON AND THEREUNDER; PROVIDING FOR A
PERMISSION FEE; PROVIDING THE TERMS AND CONDITIONS OF SUCH GRANT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
AND PROVIDING FOR AN EFFECTIVE DATE.
ACTION: The City Clerk read the ordinance by title, and a public hearing was opened.
The City Attorney explained the ordinance and noted that several immaterial changes had
been made to the ordinance after first reading. [changes appeared as underlined text in
the agenda]
Public Speakers. Don Saddler, Director of Corporate and External Affairs for Bell South;
Sam Frolic.
Commissioner Kauffman moved, and Commissioner Morrow seconded a motion to adopt
the ordinance on second reading. Ordinance No. 98 -11 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
2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, ADOPTING THE OFFICIAL SEAL OF THE CITY; PROVIDING
FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
Page 4 of 8 - Minutes of the January 8, 1998, City Commission meeting
ACTION: The City Clerk read the ordinance by title, and a public hearing was opened.
Public Speakers: none
Commissioner Morrow moved and Commissioner Kauffman seconded a motion to adopt
the ordinance on second reading. Ordinance No. 98 -12 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
3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, DESIGNATING THE CITY COMMISSION AS THE LOCAL
PLANNINGAGENCY FORTHE CITY, PROVIDING FORTRANSMITTAL; PROVIDING
FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
ACTION: The City Clerk read the ordinance by title, and a public hearing was opened.
The City Attorney explained the ordinance. Vice -Mayor Turetsky informed the residents
that each ordinance had been read in detail by each Commissioner prior to the meeting.
Public Speakers. Stella Halpern
Commissioner Morrow moved and Commissioner Iglesias seconded a motion to adopt
the ordinance on second reading. Ordinance No. 98 -13 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
4. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, PROVIDING FOR AND IMPOSING A SIX (6) MONTH
MORATORIUM ON THE ISSUANCE OF PERMITS FOR WIRELESS TRANSMISSION
AND TOWER FACILITIES WITHIN THE MUNICIPAL LIMITS OF THE CITY;
PROVIDING FINDINGS OF FACT; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND,
PROVIDING FOR AN EFFECTIVE DATE.
ACTION: The City Clerk read the ordinance by title, and a public hearing was opened.
The City Manager explained the ordinance, and the difference in regard to panel antenna.
Public Speakers: Sam Frolich
Vice -Mayor Turetsky moved and Commissioner Iglesias seconded a motion to adopt the
ordinance on second reading. Ordinance No. 98 -14 was adopted by a roll call vote
of 5 -0 in favor.
Vote: Commissioner Iglesias rtes
Page 5 of 8 - Minutes of the January 8, 1998, City Commission meeting
Commissioner Kauffman rtes
Commissioner Morrow rtes
Vice -Mayor Turetsky rtes
Mayor Samson rtes_
VIII. RESOLUTIONS:
1. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, IMPOSING A
ZONING AND PLANNING APPLICATION REVIEW FEE; PROVIDING FOR A
SAVINGS CLAUSE, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
ACTION: The City Clerk read the title, and the City Manager explained the proposed
resolution.
Commissioner Iglesias moved and Commissioner Morrow seconded a motion to adopt
the resolution. Resolution 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
2. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT TO BE ATTACHED AS EXHIBIT
"A" FOR PROFESSIONAL LEGISLATIVE RELATIONS AND LOBBYING SERVICES
BETWEEN THE CITY OF SUNNY ISLES BEACH AND RONALD L. BOOK, P.A.
[LOBBYIST]; PROVIDING FOR AN EFFECTIVE DATE.
ACTION: The City Clerk read the resolution by title. Mayor Samson explained the need
for lobbyist services.
Commissioner Iglesias moved and Vice -Mayor Turetsky seconded a motion to adopt the
resolution. Resolution No. 98 -26 was adopted by a roll call vote of 5 -0 in favor.
Vote: Commissioner Iglesias Y�S_
Commissioner Kauffman yes
Commissioner Morrow yes
Vice -Mayor Turetsky yes
Mayor Samson yes
3. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING
"THE CITY OF SUN AND SEA" AS THE SLOGAN FOR THE CITY OF SUNNY ISLES
BEACH; AND PROVIDING AN EFFECTIVE DATE.
Page 6 of 8 - Minutes of the January 8, 1998, City Commission meeting
ACTION: The City Clerk read the resolution by title. Mayor Samson asked for, and
received audience reaction to the various proposals for a City slogan.
Commissioner Kauffman moved and Commissioner Morrow seconded a motion to adopt
the City slogan as "The City of Sun and Sea." Resolution No. 98 -27 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
4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH AUTHORIZING THE CITY MANAGER TO REIMBURSE EMPLOYEES FOR
THE USE OF THEIR PERSONAL CAR WHILE CONDUCTING CITY BUSINESS.
ACTION: The City Clerk read the title, and the City Manager explained the proposed
resolution.
Public Speakers. W. Donald Stewart
Commissioner Morrow moved and Commissioner Kauffman seconded a motion to adopt
the resolution. Resolution No. 98 -28 was adopted by a roll call vote of 5 -0 in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow rtes
Vice -Mayor Turetsky yes
Mayor Samson yes
5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, ESTABLISHING AN EMPLOYEE FUNDED 457 DEFERRED
COMPENSATION PLAN. R -98 -29
ACTION: The City Clerk read the title, and the City Manager explained the proposed
resolution.
Commissioner Kauffman moved and Commissioner Morrow seconded a motion to adopt
the resolution. Resolution No. 98 -29 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
IX. MOTIONS: (NONE)
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X. DISCUSSION ITEMS:
A. Mayor Samson requested that in future City Commission agendas the City Manager
should be listed as the contact for any [ADA] special accommodation needs.
B. Mayor Samson reported that for the next meeting the elevator would be operational.
C. Commissioner Morrow proposed that when the Comprehensive Plan is being prepared,
she would like to see a physical scale model of the City. Mayor Samson suggested that
it might be several years before we would be ready to consider adoption of a
Comprehensive Plan. Commissioner Iglesias suggested that making a physical model
was impractical, but that a CAD model(computer assisted display) would be helpful.
D. City Manager DiPietro reported that a courtesy letter had been mailed to businesses
within the City regarding the removal of illegal signs.
E. Mayor Samson complimented the City Manager for his efforts to have the Sun City
building demolished.
XI. PUBLIC DISCUSSION:
A. Laurent Lemieux congratulated the Mayor and Commissioners on their good work. He
voiced concerns regarding the beach access point north of the Golden Strand, where
he said hazards exist. Mayor Samson explained the history of beach access points,
beach re- nourishment, detailing that the easements belong to the property owners,
and that the County is liable, but that we would follow -up.
B. Sam Frolich reported that at the corner of 1781h and Collins Avenue there is a hedge
that is too tall, blocking the view for drivers of automobiles.
XII. ADJOURNMENT:
Commissioner Morrow moved and Commissioner Kauffman seconded a motion for
adjournment which was unanimously approved by a voice vote at 8:39 p.m.
Respectfully submitted: Approv/�d by the City Commission this
22n' clz of Januarv. 1998.
Richard E. Brown - Morilla, City Clerk
010898 summary minutes
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