2007 0419 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting April 19, 2007 City of Sunny Isles Beach, Florida 9B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Creating a New Chapter Entitled "Nuisance" to Establish Guidelines to Regulate Various Types of Public Nuisance Within the City's Jurisdiction; Providing for Penalties and Enforcement; Providing for Repeal, Severability, Codification and an Effective Date. (First Reading 3/15/07) Action: City Clerk Hines read the title and Community Development Director Robert Solera reported. Public Speakers: None Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to adopt the ordinance. Ordinance No. 2007-282 was adopted by a roll call vote of 4-0-1 (Commissioner Goodman absent) in favor. Vote: Commissioner Brezin yes Commissioner Goodman absent Commissioner Iglesias m Vice Mayor Thaler yes Mayor Edelcup yes 9C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 193 of the Sunny Isles Beach Code of Ordinances Entitled "Noise" by Establishing Regulations Relating to Various Types of Noise; Providing for Repeal, Severability, Codification and an Effective Date. (First Reading 3/15/07) Action: [City Clerk's Note: Memorandumfrom City Manager Szerlag distributed prior to the meeting (see Item 4A)J City Clerk Hines read the title and Community Development Director Robert Solera reported. Public Speakers: Amy Huber, Esq.; George Gonzalez [Ocean IV/Related Group] City Manager Szerlag noted that a test is scheduled for Sunday, April 22, 2007 at Ocean IV to measure the noise level with and without the fans on, and measure the ambient background noise. He said if it is over 60 dbs then we will find another method to conform as there are other methods but they are very expensive. City Attorney Ottinot noted a technical amendment to clarifY continuous sound. He stated that 60 dbs is still the threshold. Amy Huber, Esq. of Shubin and Bass, representing Related Group of Florida/Ocean IV, asked for a deferral until after the test is made at the site, and to permit them time to work with staff to come into compliance to install C02 fans which is at a substantial cost to the developer. She placed into the record a Memorandum from City Manager Szerlag regarding "Enforcement of Proposed Noise Ordinance" dated April l7, 2007, and Section 404 "Enclosed Parking Garages" of the Florida Building Code - Mechanical. City Attorney Ottinot said he did the research and is comfortable with this ordinance. Mayor Edelcup said he prefers to defer for 30 days to give the developers time to come into 4