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HomeMy WebLinkAbout2013-0620 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, June 20, 2013, 6:30 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 Edelcup at 6:30 p.m. with the following officials present: Mayor Norman S. Edelcup City Manager Christopher J. Russo Vice Mayor Isaac Aelion City Attorney Hans Ottinot Commissioner Jeanette Gatto City Clerk Jane A. Hines, CMC Commissioner Jennifer Levin Deputy City Manager Stan Morris Commissioner George "Bud" Scholl Deputy City Any Fernando Amuchastegui 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Commissioner Levin led the Pledge of Allegiance to the flag, and City Historian Richard C. Schulman gave the invocation. Mayor Edelcup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting— May 16, 2013. Action: Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the above mentioned Summary Minutes. The motion was approved by a voice vote of 5- 0 in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items. 5. SPECIAL PRESENTATIONS 5A. Presentation by Florida International University (FIU) to Sunny Isles Beach First Generation Scholarship Winners. Action: Mayor Edelcup reported and introduced Vice Provost Steve Moll of FIU who presented Certificates to the scholarship winners who combined represent a grade point average of 3.7 on a 4.0 scale. Three of the ten recipients were present: Latasha Waggoner, Claudia Sanabria, and Roey Farag. The other winners were: Natalie Restrepo-Hernandez, Steven Azulis, Sally Gorenstein, Ortal Farag,Natalia Rodriguez, Marcus Stevens,and Brian DePaula. Summary Minutes:Regular City Commission Meeting June 20.2013 City of Sunny Isles Beach.Florida 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. None 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending the City Charter to Accept those Charter Amendments Approved by a Majority of the Voters on Tuesday, June 4, 2013 According to Official Results; Amending Section 2.4 "Qualifications"; Amending Section 3.2 "Powers and Duties of the City Manager"; Amending Section 7.4 "Charter Revision"; Amending Certain Sections for Clarification Purposes and to Correct Grammatical Errors; Providing for Repealer; Providing for Severability; Directing the City Clerk to Amend the City Charter in Accordance with the Election Results and this Ordinance;Providing for Inclusion into the City Charter and Code; Providing for an Effective Date. Action: [City Clerk's Note: Items 7A. and 7A.1 were heard together.] City Clerk Hines read the title, and reported. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto 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 Thursday,July 18,2013, at 6:30 p.m. Vote: Commissioner Gatto yes Commissioner Levin yes Commissioner Scholl yes Vice Mayor Aelion yes Mayor Edelcup yes 7A.1 A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Accepting the Results of the Special Election Held on Tuesday, June 4, 2013, on Proposed Amendments to the City Charter; Discharging the Canvassing Board; Providing for an Effective Date. Action: City Clerk Hines read the title, and reported with thanks to Canvassing Board member Emanuel Pine. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the Resolution. Resolution No. 2013-2066 was adopted by a voice vote of 5-0 in favor. 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None Summary Minutes:Regular City Commission Meeting June 20,2013 City of Sunny Isles Beach,Florida 9. ORDINANCES FOR SECOND READING (Public Hearings) Sitting in as the Local Planning Agency and the City Commission, to Consider the Following Ordinance Amending the Land Development Regulations (LDRs): 9A. A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida, Recommending to the City Commission of Sunny Isles Beach, the Ordinance Amending Section 265-45 of the City Code Relating to Fences on Residential Lots to Provide that Fences or Walls Constructed by the City for Public Purposes May Exceed Six (6) Feet in Height to a Maximum of Eight (8) Feet in Height, Attached as Exhibit "A"; Providing for an Effective Date. Action: [City Clerk's Note: Items 9A. and 9A.1 were heard together.] City Clerk Hines read the title. Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the Resolution. LPA Resolution No. 2013-75 was adopted by a vote of 5-0 in favor. 9A.1 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,Amending Section 265-45 of the City Code Relating to Fences on Residential Lots to Provide that Fences or Walls Constructed by the City for Public Purposes May Exceed Six (6) Feet in Height to a Maximum of Eight(8) Feet in Height;Providing for Severability;Providing for Repeal of Conflicting Provisions; Providing for Inclusion in the Code;and Providing for an Effective Date. (First Reading 05/16/13) Action: City Clerk Hines read the title, and City Attorney Ottinot reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Levin seconded a motion to adopt the Ordinance on second reading,as amended. Ordinance No.2013-406 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Gatto ves Commissioner Levin ves Commissioner Scholl ves Vice Mayor Aelion yes Mayor Edelcup ves 3 Summary Minutes:Regular City Commission Meeting June 20,2013 City of Sunny Isles Beach,Florida Sitting in as the Local Planning Agency and the City Commission, to Consider the Following Ordinance Amending the Land Development Regulations (LDRs): 9B. A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida, Recommending to the City Commission of Sunny Isles Beach, the Ordinance Amending Section 265-34 of the City Code to Clarify Permitted Retail and Office Uses Within the Medium-High Density Multifamily Residential (RMF-2) District, Attached as Exhibit"A"; Providing for an Effective Date. Action: [City Clerk's Note: Items 9B. and 9B.1 were heard together.] City Clerk Hines read the title. Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the Resolution. LPA Resolution No. 2013-76 was adopted by a vote of 5-0 in favor. 9B.1 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,Amending Chapter 265 "Zoning" Section 265-34 of the City Code to Clarify Permitted Retail and Office Uses Within the Medium-High Density Multifamily Residential (RMF-2) District; Providing for Severability; Providing for Repeal of Conflicting Provisions; Providing for Inclusion in the Code; and Providing for an Effective Date. (First Reading 05/16/13) Action: City Clerk Hines read the title, and City Attorney Ottinot reported. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to adopt the Ordinance on second reading. Ordinance No.2013-407 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Gatto yes Commissioner Levin yes Commissioner Scholl yes Vice Mayor Aelion yes Mayor Edelcup yes Sitting in as the Local Planning Agency and the City Commission, to Consider the Following Ordinance Amending the Land Development Regulations (LDRs): 9C. A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida, Recommending to the City Commission of Sunny Isles Beach, the Ordinance Amending Section 265-36 of the City Code to Include Development Standards for Hotels Within the Neighborhood Business (B-1) District, Attached as Exhibit "A"; Providing for an Effective Date. Action: [City Clerk's Note: Items 9C. and 9C.1 were heard together.] City Clerk Hines read the title. Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the Resolution. LPA Resolution No. 2013-77 was adopted by a vote of 5-0 in favor. 4 Summary Minutes:Regular City Commission Meeting June 20,2013 City of Sunny Isles Beach,Florida 9C.1 An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Chapter 265 "Zoning" Section 265-36 of the City Code to Include Development Standards for Hotels Within the Neighborhood Business (B-1) District; Providing for Severability; Providing for Repeal of Conflicting Provisions; Providing for Inclusion in the Code; and Providing for an Effective Date. (First Reading 05/16/13) Action: City Clerk Hines read the title, and City Attorney Ottinot reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to adopt the Ordinance on second reading,as amended. Ordinance No.2013-408 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Gatto yes Commissioner Levin yes Commissioner Scholl yes Vice Mayor Aelion Mayor Edelcup yes 9D. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Ordinance NO. 2012-391; Amending the City's Budget for the 2012-2013 Fiscal Year- Building Fund for Additional Staff in the Building Department; Authorizing the City Manager to-Do All Things Necessary to Implement the Terms and Conditions of this Ordinance; and Providing for an Effective Date. (First Reading 05/16/13) Action: City Clerk Hines read the title, and Finance Director Minal Shah reported. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to adopt the Ordinance.on second reading. Ordinance No.2013-409 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Gatto Commissioner Levin yes Commissioner Scholl yes Vice Mayor Aelion yes Mayor Edelcup yes 5 Summary Minutes:Regular City Commission Meeting June 20,2013 City of Sunny Isles Beach,Florida 10. RESOLUTIONS 10A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving the Second Amendment to Agreement with Unique Charters for Transportation Services- Motor Coach Rental,in an Amount Not to Exceed$50,000.00,Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant Cultural and Community Services Director Sylvia Flores reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the Resolution. Resolution No. 2013-2067 was adopted by a voice vote of 5-0 in favor. 10B. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the City Manager to Expend up to $35,000.00 Annually with Elite Tent Company for . _ __ Rental of Tents.and Supplies for the City's Special Events; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk•Hines read the title, and Assistant Cultural and Community Services Director Sylvia Flores reported. Public Speakers: None Commissioner.Scholl moved and Commissioner Gatto seconded a motion to approve the Resolution: Resolution No. 2013-2068 was adopted by a voice vote of 5-0 in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Acceptance Of a Donation of Two(2)Trees Including Installation from Doubletree by Hilton Ocean Point.Resort& Spa for Placement in Town Center Park;Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution;Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant Cultural and Community Services Director Sylvia Flores reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the Resolution. Resolution No. 2013-2069 was adopted by a voice vote of 5-0 in favor. 6 Summary Minutes:Regular City Commission Meeting June 20,2013 City of Sunny Isles Beach,Florida 10D. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the City to Participate in the "Prestige Cultural Series at Biscayne Bay Campus 2013- 2014"Program;Authorizing a Charitable Contribution to the Biscayne Bay Campus of Florida International University(FIU),in the Amount of$5,000.00,and a Performance Donation to the School of Music, in the Amount of$15,000.00; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title. Assistant Cultural and Community Services Director Sylvia Flores introduced Vice Provost Steven Moll of FIU who reported and requested a contribution in the amount of$5,000 for the Prestige Cultural Series. Public Speakers: None Mayor Edelcup reported that this is also a contribution in the amount of$15,000 to the FIU School of Music for the Four Seasons Concert Series. Commissioner Gatto moved and Commissioner Levin seconded a motion to approve the Resolution. Resolution No. 2013-2070 was adopted by a voice vote of 5-0 in favor. 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying Additional Insurance Coverage with Brown& Brown/Preferred Government Insurance Trust(PGIT)for the Period of October 1,2012 through September 30,2013,in an Amount Not.to.Exceed $75,700.00; Authorizing the City Manager to Do All Things Necessary to .Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Deputy City Manager Stan Morris reported. Public Speakers: None Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the Resolution. Resolution No. 2013-2071 was adopted by a voice vote of 5-0 in favor. 10F. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving the First Amendment to Agreement with Keith and Schnars, P.A. for Utility Undergrounding Consultant. Services for Phase II, in an Amount Not to Exceed $220,350.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Engineer Helen Gray reported noting that completion is expected to be in the Spring of 2014 dependent upon the performance of FDOT and FPL. We are trying to get it in before the Collins Avenue resurfacing project scheduled for the summer of 2015. Public Speakers: None Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the Resolution. Resolution No. 2013-2072 was adopted by a voice vote of 5-0 in favor. 7 Summary Minutes:Regular City Commission Meeting June 20,2013 City of Sunny Isles Beach,Florida Mayor Edelcup noted as a reminder that staff will need to come back to the Commission by September with a plan on how to treat properties that still need to be undergrounded with either a fee or an assessment. 10G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying an Existing Easement Agreement with the City of North Miami Beach for the Construction, Operation and Maintenance of Water Facilities Including Necessary Rights of Ingress and Egress through Pier Park, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Engineer Helen Gray reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the Resolution. Resolution No. 2013-2073 was adopted by a voice vote of 5-0 in favor. 10H.A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Bill of Sale to the City of North Miami Beach for the Construction,Operation and . Maintenance of .Water Facilities at Pier Park, Attached Hereto as Exhibit "A"; Authorizing the City-Manager to Do All Things Necessary to.Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Engineer Helen Gray reported. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the Resolution. Resolution No. 2013-2074 was adopted by a voice vote of 5-0 in favor. 10I. A Resolution of the City_Commission of the City of Sunny Isles Beach, Florida,Approving the-Second Amendment to Agreement with A & A Drainage& Vac Services, Inc. for Storm Water Catch-Basin Cleaning and Line Jetting Services, in an Amount Not to Exceed$52,890.00,Attached Hereto as Exhibit"A";Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City-Clerk Hines read the title, and Assistant City Manager Bill Evans reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the Resolution. Resolution No. 2013-2075 was adopted by a voice vote of 5-0 in favor. 8 Summary Minutes:Regular City Commission Meeting June 20,2013 City of Sunny Isles Beach,Florida 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Accepting the Final Re-Plat for Terra Beachwalk, LLC A/K/A Atlantic 15 for the Properties Located at 18915, 18925, 18955, 18965, 18985, 19001, 19025, and 19035 Atlantic Boulevard (the "Property"); Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Planner Claudia Hasbun reported. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto and Vice Mayor Aelion seconded a motion to approve the Resolution. Resolution No. 2013-2076 was adopted by a voice vote of 5-0 in favor. 10K. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the Termination of the Grant of Easement Across Certain Real Property Owned by the Pinnacle Condominium Association, Inc., (the "Association") and Described in Exhibit "A" Attached Hereto(the"Easement Property");Authorizing the Mayor to Execute Said Termination Agreement; Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting the purpose is to enlarge a 5-foot easement to a 17-foot easement. Public Speakers: None Vice Mayor Aelion moved-and Commissioner Scholl seconded a motion to approve the Resolution. Resolution No. 2013-2077 was adopted by a voice vote of 5-0 in favor. 10L. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida, Approving Budget Amendment No. BA1213-017 to Fiscal Year 2012/2013 Budget to the General Fund (10) Which Includes a Reduction in the Contingency Fund by $15,000.00 and an Increase to City Commission Donations to Fund a Donation to Florida International University's (FIU) School of Music and to Ensure Budgetary Compliance; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Finance Director Minal Shah reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the Resolution. Resolution No. 2013-2078 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 9 Summary Minutes:Regular City Commission Meeting June 20,2013 City of Sunny Isles Beach,Florida 12. DISCUSSION ITEMS None 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 14. ADJOURNMENT Mayor Edelcup adjourned the meeting at 6:56 p.m. • Cif. t f Respectfully submitted by: Approved by the City Commission on July 18)2013 Jane.X. Hines, C C,City Clerk N rman S. Edelcup, Ma or 10 _ I SU"uY 1st F City of Sunny Isles Beach O _�.._� _�'-'3.l ORS AO' 18070 Collins Avenue " .. . `�" - _41 = :: : B:a: Florida 33160 Ci all c`'''or S,,N 0° (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Jane A. Hines, CMC, City Clerk DATE: 7/18/2013 RE: Summary Minutes for the June 20, 2013 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the June 20, 2013 Regular City Commission Meeting. REASONS: N/A ATTACHMENTS: • Summary Minutes Agenda Item No 3A Date 7/18/2013 8