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HomeMy WebLinkAbout1998-0716 Regular City Commission Meeting SUMMARY MINUTES City of Sunny Isles Beach City Commission Meeting — Thursday, July 16, 1998 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:02 p.m. The following officials were present: Mayor David Samson Vice-Mayor Irving Turetsky Commissioner Danny Iglesias 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: Ben and Matt Berkman, sons of City Building Official Michael Berkman, 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 June 25, 1998, Commission Meeting. Commissioner Iglesias noted that the Agenda was incorrect as to the date of the minutes, since it indicated approval of the Minutes from "June 11", when it should have been "June 25, 1998". Commissioner Kauffman pointed out that the Minutes had the correct date.The motion was approved 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. AGENDA/ORDER OF BUSINESS (ADDITIONS/DELETIONS) ACTION: [Clerk's Note: A package of memos from City Manager DiPietro was submitted at the meeting: providing additional documentation for agenda items 9-A, and 9-B; adding New agenda items 9-G, 10-F, and 10-G; and substituting Revised agenda items 7-A and 8-B). Later in the meeting, City Manager DiPietro announced that Agenda item 9-E was being tabled [withdrawn]. {Clerk's note: see each agenda item for details] Commissioner Morrow moved and Commissioner Kauffman seconded a motion to add-on new agenda item 9-G. The motion was approved by a voice vote of 5-0 in favor. See also items 11-C, 11-D, 11-E, 11-F and 12. Summary Minutes of the July 16, 1998, City Commission Meeting - Page 1 of 20 After the vote on agenda item 6-D, City Manager DiPietro noted that two consultants were waiting in the audience for items 9-A and 9-B. Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to move items 9-A,and 9-B out of sequence, and hear them next. The motion was approved 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 After the vote on agenda item 9-B, the City Manager noted that to reduce the City's expense of having the Court Reporter stay later, perhaps the Commission could hear item 8-A next. Vice Mayor Turetsky moved and Commissioner Iglesias seconded a motion to take item 8-A out of sequence, and hear it next. The motion was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias y Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson 5. SPECIAL PRESENTATIONS: None 6. ZONING Public Hearings: A. Hearing No. Z980008 REQUEST OF RESIDENCES OF SUNNY ISLES INC, OWNER OF PROPERTY AT THE NORTHWEST CORNER OF 192ND STREET AND COLLINS AVENUE FOR THE FOLLOWING: 1. Unusual Use to permit a home for the aged. 2. Special Exception for site plan approval to permit a proposed home for the aged. 3. Non-Use Variance of setback and spacing requirements to permit proposed garage to setback 10'-3" (20' required) from the front (south) property line and be spaced 15' (20' required) from the principal building. 4. Non-Use Variance of parking requirements to permit 603 parking spaces (718 parking spaces required). 5. Non-Use Variance of parking requirements to permit 95 of the 603 parking spaces to be tandem spaces (not permitted). Ex-parte disclosures 0 Protests 3 Waivers 0 ACTION: City Clerk Brown-Morilla read the applicant's name, City Attorney Dannheisser said the applicant had requested a deferral until September 17, 1998. Public Speakers: none Commissioner Kauffman moved, and Commissioner Iglesias seconded a motion to defer the item until the September 17, 1998, City Commission meeting at 7:00 p.m. The motion was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Summary Minutes of the July 16, 1998, City Commission Meeting - Page 2 of 20 Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 6- B. Hearing No. Z97000480a[C] REQUEST OF MARINA BAY CLUB, INC, PROPERTY OWNER SOUTH OF 183RD STREET BETWEEN NORTH BAY ROAD AND ATLANTIC BOULEVARD FOR THE FOLLOWING: 1. Modification of Condition #2 of Resolution 4-ZAB-235-92 passed and adopted by the Zoning Appeals Board on the 15th day of July, 1992 reading as follows: From: #2 - That in the approval of the plan, the same be substantially in accordance with that submitted for the hearing entitled "Belle Vere Condominium," as prepared by Tomas Ortiz and Associates, Inc., dated 4/6/92, except as herein modified to require that the 8' high garden wall be placed 2' in from the abutting property and that landscaping be provided between the property line and said wall. To: #2 -That in the approval of the plan the same be substantially in accordance with that submitted for the hearing entitled "Golden View Apartments," prepared by Kobi Karp Architects dated 11/10/97 consisting of 14 sheets. The purpose of this request is to allow the applicant to submit new plans showing additional floors and units than previously approved. 2. Non-use variance of setback requirements to permit proposed building to setback 28.00'(43.94'required)from the side street(north& northwest)property line and setback 28.75' (43.94' required) interior side (south) property line. Ex-parte disclosures 0 Protests 0 Waivers 4 ACTION: City Clerk Brown-Morilla read the applicant's name, hearing number, and location, and *administered the oath to the witnesses for all of the evening's Zoning hearings. City Attorney Dannheisser read a disclaimer for all**of the evening's Zoning hearings. Public Speakers: Stanley Price, Esq.; Zoning and Code Administrator Jorge Vera; City Building Official Michael Berkman; Frank LoPresti; Ada Valiente Garcia; Kathleen Kennedy; Claire Fuchs Mr. Price submitted five letters of waiver. [Clerk's note:The letter of waiver from Martin Eisen was withdrawn during the meeting by Mr. Eisen,who expressed the opinion that some facts about the project had not been accurately presented to him.] Zoning and Code Administrator Vera presented a favorable Zoning recommendation. City Building Official Berkman presented his report, explaining why there were differing Zoning and Planning recommendations, with his Planning recommendation being negative. Mayor Samson questioned the "apartment/hotel" category and how it could be enforced in the future. Commissioner Kauffman moved to deny the application, however the motion failed for lack of a second. Summary Minutes of the July 16, 1998, City Commission Meeting - Page 3 of 20 Commissioner Iglesias asked if the proposed project would be required to collect the bed tax for any occupancies less than six months. Mr. Price agreed to include in a covenant the requirement of a regular reporting of tax collections. Vice Mayor Turetsky moved to approve the request with the conditions of the Zoning recommendation, and with a covenant, however the motion failed for lack of a second. Commissioner Morrow moved to defer until September 17, 1998 at 7:00 p.m. in order to do a traffic study regarding the impact on the area; however the motion failed for lack of a second. Mr. Price stated that a traffic study was a part of the application. [He submitted a copy to be made a part of the record.] Commissioner Kauffman moved to deny the application based on Mr. Berkman's negative recommendation; however the motion failed for lack of a second. Vice Mayor Turetsky moved to approve the request with the conditions recommended by Mr. Vera, and with a strong covenant regarding the apartment/hotel use. Mayor Samson passed the gavel, and said he was going to second the Vice Mayor's motion, but before he completed the second, he then asked the City Attorney what would happen if the Commission continued to be stalemated. City Attorney Dannheisser said the closest analogy would be to a tie vote, and in that case the item would be carried over to the next regularly scheduled Commission meeting for consideration, unless the Commission designates a different time. Commissioner Morrow moved and Mayor Samson seconded a motion to defer the request until the September 17, 1998, City Commission meeting at 7:00 p.m. The motion to defer was approved by a roll call vote of 3-2 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman no Commissioner Morrow ves Vice-Mayor Turetsky no Mayor Samson yes 6- C. Hearing No. Z96000556 REQUEST OF SHOPPING CENTER, LTD, PROPERTY OWNER OF 17070 COLLINS AVENUE FOR THE FOLLOWING: 1. Modification of plans approved pursuant to Resolution 4-ZAB-89-92,passed and adopted by the Zoning Appeals Board on the 261h Day of February, 1992 reading as follows: From: Plans entitled "R.K. Apartments #1 ," as prepared by Norman M. Giller & Associates, Inc., consisting of 3 sheets, dated received 9-6-91; and survey as prepared by Zurwelle Whittaker, Inc. dated last revised 4-8-91. To: Plans entitled "Aventura Beach Marina Apartments" prepared by Kobi Karp Architect dated 11/18/97 and a survey by Fortin, Leavy, Skiles, Inc. dated 7/23/97 and landscape plan by Witkin Design Group sealed Summary Minutes of the July 16, 1998, City Commission Meeting - Page 4 of 20 12/13/97. 2. Modification of Condition #2 of Resolution 4-ZAB-308-92, passed and adopted by the Zoning Appeals Board on the 14th day of October, 1992 reading as follows: From #2: That in the approval of the plan, the same be substantially in accordance with that submitted for the hearing entitled "R.K." Apartments North Bay Rd., Sunny Isles," as prepared by Giller & Giller, Inc., consisting of 7 sheets, dated received 6-1'7-92; landscape plan as prepared by O'Leary Design Associates, dated last revised 6-5-92; and survey as prepared by Zurwelle Whittaker, Inc., dated last revised 4-8-91. From #2: That in the approval of the plan, the same be substantially in accordance with that submitted for the hearing entitled "Aventura Beach Marina Apartments," prepared by Kobi Karp Architect dated 11/18/97 and a survey by Fortin, Leavy, Skiles, Inc. dated 7/23/97 and landscape plan by Witkin Design Group sealed 12/13/97. The purpose of these requests is to allow the applicant to submit new plans for a proposed apartment development. 3. Special Exception for site plan approval to permit an apartment development. 4. Use variance to permit a density of 75 units per acres (50 units per acre permitted). 5. Non-use variance of floor area ratio to permit proposed development with an F.A.R. of 2.67 (2.0. F.A.R. permitted). 6. Non-use variance of lot coverage requirements to permit a lot coverage of 56% (40% permitted). 7. Non-use variance of setback requirements to permit the proposed structure to setback varying from 24.75 ft to 28.33 ft (50 ft required) from the font (east) property line, setback varying from 55.93 ft to 64.25 ft (131.93 ft. required)from the rear (west) property line, setback 59ft from the (north) property line and setback 120 ft from the (south) property line (156.08 ft required) from both property lines. 8. Non-use variance of Zoning Regulation to permit all accessory buildings and uses (tennis court, basketball court, shallow pool and club house) on a site without a principal building (not permitted). Ex-parte disclosures 0 Protests 5 Waivers 4 ACTION: City Clerk Brown-Morilla read the applicant's name, hearing number, and location, and *administered the oath to the witnesses for the Zoning hearing. **City Attorney Dannheisser read a disclaimer for the record. Public Speakers: Stanley Price, Esq.; Kobi Karp, AIA; City Building Official Michael Berkman; Zoning and Code Administrator Jorge Vera; Nancy Landy; Ira Kukafka; Kathleen Kennedy; Cecile Sippin, Sunny Isles Beach Citizens Coalition; Bill Lone, Director of the Sunny Isles Beach Resort Association; Roy Mechanic; Frank LoPresti; Martin Eisen, president of the Winston Towers 700 Building; Phillip Chernoff Summary Minutes of the July 16, 1998, City Commission Meeting - Page 5 of 20 Mayor Samson reacted to a statement which the Miami Herald had attributed to Amold Shevlin, of the applicant's management staff. The Mayor said the City did not owe the applicant any special favors, since the City had leased a significant amount of vacant retail space in his shopping center and was paying a fair market rate. Mr. Price said the County wanted a unity of title on the property, and the Shoreline Review Committee had recommended protecting the mangroves. He explained that the applicant sought to move North Bay Road three to four feet, and he submitted a letter from DERM for the record. He noted that the applicant had submitted new plans that scaled back the two buildings on the Intracoastal Waterway to 20 stories of residential units on top of three stories of parking, and siting the buildings on an angle to improve the view corridors. A third building would be 15 stories. The project would include a park area for City use along the northern boundary. He also said the only variance being requested was a side setback due to turning the angle of the two taller buildings. Mr. Price submitted four letters of support [waivers] for the record. Kobi Karp, the architect for the proposed project, showed a video of a computer model showing the sight lines from the Winston Towers buildings, and two posters of composite photos. City Building Official Berkman noted that the staff written recommendations in the agenda did not apply to the new proposal which had only been received by the City within the last 24 hours. He explained that the new proposal sought to take all the density from across the street (transfer of development rights) to build the tall buildings. Mr. Berkman noted that neither the County nor the City have a transfer of development rights provision, and to allow the transfer would create a problematic precedent. Mayor Samson asked who had jurisdiction over North Bay Road, and who would own the park. Mr. Price said the City could own the park if it wanted. Martin Eisen read a Resolution prepared by Judge Manuel Ramos, and also presented signed petitions for the record opposing the original request. Mayor Samson said if the development is approved, the developer would be responsible for the sea wall. He also said he would like a foot bridge from the southern end of 174th Street across the canal. Mr. Price offered a commitment to make good faith efforts to obtain the approvals for a foot bridge. Vice Mayor Turetsky moved and Commissioner Morrow seconded a motion to approve the new request as related by Mr. Price with staff conditions and recommendations including that: 1)a site plan be submitted to and meet with the approval of the City Director of Building, Planning and Zoning upon the submittal of an application for a building permit (said plan to include among other things, but not be limited to location of structure,types,sizes, and location of signs, light standards, off street parking areas, exits and entrances, etc.; 2) the approval of the plan be substantially in accordance with those plans that were submitted at this meeting and are on the record; 3) that the use be established and maintained in accordance with those plans; 4)that the applicant Summary Minutes of the July 16, 1998, City Commission Meeting - Page 6 of 20 submit to the Department for review and approval a Landscaping plan that indicates the type and size of plant material prior to the issuance of a building permit; 5) a recordable agreement be submitted to meet with the approval of the Director of the Department for permanent safe access for pedestrian and vehicular traffic, and those things related to fire hydrants and public works; 6) the Developer submit an easement for a park to be designated approximately 100' by 1,345'; 7)the Developer maintain a sea wall; 8)the Developer perpetually maintain all improvements in the aforementioned park; and 9) the Developer utilize its best efforts to pursue permits in good faith to secure a foot bridge at the south end of 174th Street across the canal to the Winston Towers area. [City Clerk's note: City Attorney Dannheisser provided a detailed list of conditions of approval which were incorporated into the motion; and Commissioner Iglesias also refined the condition that the landscape plan for the park area be submitted for approval by the City's landscape architect; all of which was agreed to by Vice Mayor Turetsky and seconded by Commissioner Morrow.]The City Attorney noted that the City Clerk sought clarification as to whether the"park"would be a "public park". Mr. Price said the Developer would either dedicate the site to the City, or if the City did not want to accept the dedication, the Developer would file a "scenic easement" under the Dade County Chapter 24 so the Developer would maintain the area in perpetuity, and give a non-exclusive easement for the right of enjoyment of the citizens of Sunny Isles Beach and their guests to use the park. City Manager DiPietro recommended that the City accept the easement, rather than the dedication. The motion was approved as Resolution No. 98-Z-15, by a roll call vote of 4-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson no [Clerk's note: after the vote on this item the Mayor announced a ten minutes recess] 6- D. Hearing No. Z980007 REQUEST OF SHOPPING CENTER, LTD., PROPERTY OWNER OF 17070 COLLINS AVENUE FOR THE FOLLOWING: 1. Modification of Condition #2 of Resolution 5-ZAB-200-94 as further modified by Resolution 5-ZAB-354-95 passed and adopted by the Zoning Appeals Board on the 6th of September 1995, reading as follows: From: That in the approval of the plan, the same be substantially in accordance with that submitted for the hearing entitled "Proposed Tenant Improvements at R.K. Commercial Center" as prepared by Roger Piper Architecture, consisting of 4 sheets, dated 12-15-94, a "Sketch As-Built Survey" as prepared by Zurvelle Whittaker, Inc. dated stamp received April 6, 1995, a"Liquor Survey"as prepared by Fortin, Leavy, Skiles, Inc., consisting of 5 sheets: "Store No. T17032, T17082, T250A, T111 (T266 & T267), plans dated 2-8-95: Christine Lee's Restaurant at R.K. Summary Minutes of the July 16, 1998, City Commission Meeting - Page 7 of 20 Commercial Center" as prepared by Roger Piper Architecture dated 5-8- 95, except as herein modified to exclude the parking variance and to comply with the previously approved plans as it pertains to the parking. To: That in the approval of the plan the same be substantially in accordance with that submitted for the hearing entitled "R.K. Centre at Aventura Beach" prepared by Kobi Karp Associates dated stamp received 4-7-98 and plans entitled "detached sign"prepared by unknown dated stamp received 4/7/98, only as it applies to the site plan. The purpose of this request is to allow the applicant to revise the site plan to show dedicated parking for the City of Sunny Isles Beach Police Department and to show an additional sign for the shopping center and reduce the amount of parking spaces. 2. Modification of Plans approved pursuant to resolution 4-ZAB-2-91, passed and adopted by the Zoning Appeals Board on the 16th of January, 1991 reading as follows: From: Plans entitled "General Site Plan for R.K. Commercial Center," as prepared by Norman M. Giller and Associates, Inc., dated revised 12-7-90; revised parking for Coffee House @201, 202, & 203; and to add 54 sq. ft. wall sign and replace pylon sign: and revised 10-24-90 to add curve cuts, show patron areas, correct Taco Bell Layout; plans for "Partial 1st & @2nd floor plans (east)for Coffee House Layout,"as prepared by Norman M. Giller&Assoc., Inc. dated revised 12-7-90; plans for"Liquor Survey," as prepared by Fortin, Leavy, Skiles, Inc., dated 12-19-90 and "Pantry Pride," illuminated sign reading "Food Emporium," dated 11-26-90 and "Pantry Pride Super Markets," as prepared by Mc Neal Signs, Inc., dated 1-31-90. To: That in the approval of the plan the same be substantially in accordance with that submitted for the hearing entitled "R.K. Centre at Aventura Beach" prepared by Kobi Karp Associates dated stamped received 4-7- 98 and plans entitled "detached sign" prepared by unknown dated stamped received 4-7-98, only as it applies to the site plan. The purpose of this request is to allow the applicant to revise the site plan to show dedicated parking for the City of Sunny Isles Beach Police Department and to show an additional sign for the shopping center and reduce the amount of parking spaces. 3. Non-use variance of parking requirements to permit 600 parking spaces (1,108 spaces required) (1,052 spaces previously approved.) 4. Non-use variance of sign requirements to permit a 4th detach sign (not permitted) 32 sq.ft. in size(3 detach signs previously approved)(2 detach signs permitted). 5. Non-use variance of fence height requirements to permit a 12 ft. high chain link fence (8 ft. high permitted). Ex-parte disclosures 0 Protests 0 Waivers 0 ACTION: City Clerk Brown-Morilla read the applicant's name, hearing number, and location, and *administered the oath to the witnesses. **City Attorney Dannheisser read a disclaimer for the record. Public Speakers: Zoning and Code Administrator Jorge Vera; City Building Official Michael Berkman Summary Minutes of the July 16, 1998, City Commission Meeting - Page 8 of 20 Mr. Vera and Mr. Berkman recommended approval of the application which would permit parking for City Police cars and equipment, and a non-use variance to permit a detached sign, and a non-use variance for fence height around the parking area. Mr.Vera noted that the approval would be subject to the relocation of the parking area, which is currently a green space, meeting with DERM approval. Commissioner Kauffman moved Commissioner Morrow seconded a motion to approve City staff recommendations and conditions . The motion was approved as Resolution No. 98-Z-16, by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes • Commissioner Morrow y Vice-Mayor Turetsky yes Mayor Samson yes 7. ORDINANCES FOR FIRST READING: A. [City Clerk's note: *a revised proposed Ordinance was handed-out and filed with the meeting records.] AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REPEALING CHAPTER 2 "ADMINISTRATION" OF THE CODE OF MIAMI-DADE COUNTY AS ADOPTED BY CHARTER SECTION 8.03 OF THE CHARTER OF THE CITY OF SUNNY IS LES BEACH, EXCEPT LEAVING INTACT ARTICLE 1, SECTION 2-11.1 "CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE", SUBSTITUTING EVERY REFERENCE TO"COUNTY PERSONNEL" WITH "CITY PERSONNEL", SUBSTITUTING EVERY REFERENCE TO "THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY" WITH "THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH"; SUBSTITUTING EVERY REFERENCE TO "THE CLERK OF THE BOARD OF COUNTY COMMISSIONERS" WITH "THE CITY CLERK"; SUBSTITUTING THE TERM "ETHICS COMMISSION" WITH"SPECIAL MASTER AS DESIGNATED BY THE CITY MANAGER OF THE CITY OF SUNNY ISLES BEACH"; LEAVING INTACT ARTICLE XV "PUBLIC WORKS DEPARTMENT" SECTION 2-99 THROUGH SECTION 2-103.16; LEAVING INTACT ARTICLE XV "DEPARTMENT OF PLANNING, DEVELOPMENT AND REGULATION" SECTION 2-113 THROUGH 2-116 SOLELY AS IT RELATES TO MIAMI-DADE COUNTY COMPREHENSIVE DEVELOPMENT MASTER PLAN AS ADOPTED BY THE CITY OF SUNNY ISLES BEACH AND SUBSTITUTING EVERY REFERENCE TO THE DEPARTMENT OF PLANNING, DEVELOPMENT AND REGULATION TO MEAN AND INCLUDE THE PLANNING, BUILDING AND ZONING DEPARTMENT OF THE CITY OF SUNNY ISLES BEACH,AND SUBSTITUTING THE TERM "BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY FLORIDA,". WITH "THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA," AND FURTHER SUBSTITUTING ANY REFERENCE TO "THE DEVELOPMENTAL IMPACT COMMITTEE AND COUNTY BOARDS"TO MEAN"THE CITY OF SUNNY ISLES BEACH CITY COMMISSION" UNTIL SUCH TIME AS THE CITY OF SUNNY ISLES BEACH ADOPTS ITS OWN COMPREHENSIVE PLAN; LEAVING INTACT ARTICLE XIII(A) "NUISANCE ABATEMENT" INCLUDING Summary Minutes of the July 16, 1998, City Commission Meeting - Page 9 of 20 SECTIONS 2-98.4 THROUGH SECTIONS 2-98.10, SUBSTITUTING THE TERM "METROPOLITAN DADE COUNTY PUBLIC NUISANCE ABATEMENT BOARD," WITH THE TERM "NUISANCE ABATEMENT BOARD AS DESIGNATED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH"AND SUBSTITUTING EVERY REFERENCE TO "THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY" WITH "THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH"; AMENDING ARTICLE I, SECTION 2-11.1(s) "LOBBYING", BY AMENDING SECTION (s)(2) TO INCREASE LOBBYIST REGISTRATION FEES, AND AMENDING SECTIONS (s)(8) and (s)(10)TO PROVIDE THAT THE PERSONS OR ENTITIES VIOLATING THE LOBBYING PROVISIONS OF CITY LAW BE PROHIBITED FROM ENGAGING IN LOBBYING ACTIVITIES FOR A SPECIFIED TIME PERIOD, REVISING PENALTIES; PROVIDING FOR A REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title and explained that the revisions to the proposed ordinance primarily incorporated two recent County amendments to the "Lobbying" provisions of Chapter 2, increasing Lobbyist registration fees, and revising penalties. He noted a positive economic benefit from administering the mandatory ordinance, with the current registration fee of $25.00 increasing to $125.00, and the biennial fee (that must be paid by October 1 of even numbered years) being increased from $125.00 to $500.00. Mayor Samson asked for a definition of a "lobbyist" and the Clerk read the definition. There was general discussion about the Lobbyist Registration Ordinance, and City Attorney Dannheisser suggested that we should consider inviting Murray Greenberg from the County Attorney's Office to explain the ordinance. Public Speakers: none Commissioner Morrow 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 August 13, 1998, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 8. ORDINANCES FOR SECOND READING ( PUBLIC HEARINGS) A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PROVIDING FOR A MORATORIUM ON THE FILING AND CONSIDERATION OF ZONING APPLICATIONS WITH CERTAIN EXCEPTIONS; PROVIDING FOR A BUILDING MORATORIUM ON THE ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS AS DEFINED BY SECTION 163.3164, FLORIDA STATUTES (1995) WITH CERTAIN EXCEPTIONS; PROVIDING FOR WAIVERS; Summary Minutes of the July 16, 1998, City Commission Meeting - Page 10 of 20 PROVIDING A TERM; PROVIDING FOR VESTED RIGHTS; PROVIDING FOR APPEAL; PROVIDING FOR MODIFICATION TO EXEMPT DEVELOPMENT; PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; PROVIDING FOR REPLACEMENT OF MORATORIUM PROVISIONS OF SECTION 33-319, ET SEQ., OF THE CODE OF MIAMI-DADE COUNTY WITH THE SPECIFIC MATTERS ADDRESSED HEREIN; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City Attorney Dannheisser introduced the item. Public Speakers: none Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to adopt the ordinance on second reading. Ordinance No. 98-40 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 8- B. [City Clerk's note: *a revised proposed Ordinance was handed-out and filed with the meeting records, therefor the ordinance was considered as a first reading.] AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING AN OCCUPATIONAL LICENSE TAX PURSUANT TO CHAPTER 205, FLORIDA STATUTES (1995); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City City Manager DiPietro introduced the item noting that due to changes in the proposed occupational license tax schedule, the ordinance was back to a first reading. Public Speakers: none Commissioner Kauffman moved and Commissioner Morrow seconded a motion to approve the proposed ordinance on first reading, which was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be August 13, 1998, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes Summary Minutes of the July 16, 1998, City Commission Meeting - Page 11 of 20 8- C. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PROVIDING FOR LEGAL REPRESENTATION FOR THE DEFENSE OF CITY INTERESTS IN ANY CIVIL ACTIONS FILED AGAINST ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES,APPOINTEES,OR AGENTS;GUARANTEEING PAYMENT OF LEGAL FEES AND COSTS; PROVIDING FOR RECOVERY OF LEGAL FEES AND COSTS; PROVIDING FOR REIMBURSEMENT OF LEGAL FEES AND COSTS; PROVIDING FOR MAXIMUM AUTHORIZED PAYMENT; PROVIDING FOR APPLICATION; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CITY CODE; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Attorney Dannheisser introduced the proposed ordinance. Public Speakers: none Commissioner Kauffman moved and Vice Mayor Turetsky seconded a motion to adopt the ordinance on second reading. Ordinance No. 98-41 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson ves 8- D. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 33-36.1 OF THE CODE OF MIAMI-DADE COUNTY, ADMINISTRATIVE VARIANCE; REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City Building Official Berkman introduced the item. Public Speakers: none Commissioner Morrow moved and Commissioner Kauffman seconded a motion to adopt the ordinance on second reading. Ordinance No. 98-42 was adopted by a roll call vote of 4-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman ves Commissioner Morrow ves Vice-Mayor Turetsky no Mayor Samson yes Summary Minutes of the July 16, 1998, City Commission Meeting - Page 12 of 20 8- E. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PURSUANT TO THE REQUIREMENT OF SECTION 8.10 OF THE MUNICIPAL CHARTER, CALLING FOR A SPECIAL ELECTION TO BE HELD ON THURSDAY, OCTOBER 1, 1998, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF SUNNY ISLES BEACH A PROPOSED AMENDMENT TO THE SUNNY ISLES BEACH MUNICIPAL CHARTER CHANGING THE NAME OF THE CITY TO "AVENTURA BEACH." ACTION: City Clerk Brown-Morilla read the title and explained that the City Charter required approving the proposed ordinance to call a Special Election. Public Speakers: none Vice Mayor Turetsky moved and Commissioner Morrow seconded a motion to adopt the ordinance on second reading. Ordinance No.98-43 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman ves Commissioner Morrow ves Vice-Mayor Turetsky yes Mayor Samson yes 9. RESOLUTIONS: A. [City Clerk's note: a revised draft agreement was handed-out and filed with the meeting records.] A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA SELECTING THE FIRM OF WALTER H. KELLER, INC., IN JOINT VENTURE WITH BEISWENGER, HOCK&ASSOCIATES, INC., TO SERVE AS THE CITY'S COMPREHENSIVE MASTER PLAN CONSULTANT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed resolution. City Manager DiPietro introduced the item and Mr. Keller. He also noted that the first staff meeting with the consultants would occur the following Tuesday, July 21, and the process of adopting our own Comprehensive Master Plan would include community input. Public Speakers: none Commissioner Kauffman moved and Commissioner Morrow seconded a motion to adopt the resolution. Resolution No. 98-61 was adopted by a roll call vote of 4- 0-1 in favor. Commissioner Iglesias announced he abstained since both he and Mr. Keller are retained by FDOT. Vote: Commissioner Iglesias Abstain Commissioner Kauffman des Commissioner Morrow yes Vice-Mayor Turetsky yn Mayor Samson Summary Minutes of the July 16, 1998, City Commission Meeting - Page 13 of 20 9- B. [City Clerk's note: a revised draft agreement was handed-out and filed with the meeting records.] A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, SELECTING THE FIRM OF ROSENBERG DESIGN GROUP, INC. TO SERVE AS THE CITY'S LANDSCAPE ARCHITECT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE AGREEMENT ATTACHED AS EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed resolution, and City Manager DiPietro presented the item. Vice Mayor Turetsky moved and Commissioner Morrow seconded a motion to approve the resolution. Resolution No. 98- 62 was adopted by a roll call vote of 4-0-1 in favor. Commissioner Iglesias announced he abstained since both he and Mr. Rosenberg are retained by FDOT. Vote: Commissioner Iglesias Abstain Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 9- C. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING IN CONCEPT THE TERMS TO BE INCLUDED IN A CONTRACT FOR THE SALE AND PURCHASE OF VACANT PROPERTY DESCRIBED AS BLOCK 8, LOTS 1, 2, 3, 7,8,9,10, 11, SUNNY ISLES SHORES, SEC. B, PB 65-47, LOCATED AT NORTH BAY ROAD AND 178Th DRIVE, ON THE TERMS AND CONDITIONS PROVIDED IN THE LETTERS OF INTENT SET FORTH AS COMPOSITE EXHIBIT "A"; AUTHORIZING THE CITY ATTORNEY TO DRAFT SUCH A CONTRACT; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed resolution, and City Manager DiPietro introduced the proposal relating to the purchase of approximately 2.84 acres for $1,435,000. Commissioner Kauffman noted the proposed use of the land to provide additional public park land, and she expressed the preference for a passive, open air park, not a basketball court, etc. City Manager DiPietro said that the decision was up to the Commission, and that we would ask the planner. It was also noted that an additional possibility might be for use as a future site for a City Hall and Police Department complex. Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 98- 63 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 Summary Minutes of the July 16, 1998, City Commission Meeting - Page 14 of 20 9- D. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REPEALING RESOLUTION NO. 98-44, ADOPTING A PARKS INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY, AND SPECIFICALLY DECLINING TO ENTER INTO SUCH AN INTERLOCAL AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed resolution, and City Manager DiPietro explained that because of the issue of the cost of providing lifeguards the Administration was in favor of repealing the previously approved Parks Agreement. City Attorney Dannheisser noted that the City did not have to. Vice Mayor Turetsky moved and Commissioner Iglesias seconded a motion to adopt the resolution. Resolution No. 98- 64 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 9- E. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ESTABLISHING A PROCEDURE FOR THE PRESENTATION OF PROCLAMATIONS; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed resolution, and City Manager DiPietro said the item was withdrawn. 9- F. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY, AN AGREEMENT WITH THE Jsee list of entities below], FLORIDA, FOR POLICE MUTUAL AID; AND AUTHORIZING THE POLICE CHIEF OF THE CITY TO EXECUTE A JOINT DECLARATION AS NECESSARY TO THE PROTECTION OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. City of Aventura City of Miami City of Miami Beach City of North Miami City of North Miami Beach County of Miami-Dade Town of Bay Harbor Islands Town of Golden Beach Town of Surfside Village of Bal Harbour Village of Indian Creek Village of Miami Shores ACTION: City Clerk Brown-Morilla read the title of the proposed resolutions, and City Police Chief Richard Harrison introduced the item. Commissioner Kauffman asked Summary Minutes of the July 16, 1998, City Commission Meeting - Page 15 of 20 about the City's obligation in the event there was a crisis in Miami and the Chief confirmed that under a mutual aid agreement we would support each other. Commissioner Iglesias moved and Commissioner Morrow seconded a motion to adopt the resolutions. Resolution Nos. 98- 65 through 98-76 were adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman ves Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson ves City of Aventura: Reso. No. 98-65; City of Miami: Reso. No. 98-66 City of Miami Beach: Reso. No. 98-67; City of North Miami: Reso. No. 98-68 City of North Miami Beach: Reso. No. 98-69; County of Miami-Dade: Reso. No. 98-70 Town of Bay Harbor Islands: Reso. No. 98-71; Town of Golden Beach: Reso. No. 98-72 Town of Surfside: Reso. No. 98-73; Village of Bal Harbour: Reso. No. 98-74 Village of Indian Creek: Reso. No. 98-75; Village of Miami Shores: Reso. No. 98-76 9- G. Add-on item: A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OF SUNNY ISLES BEACH URGING THE UNITED STATES CONGRESS TO FUND ROUND II OF THE FEDERAL EMPOWERMENT ZONE AND ENTERPRISE COMMUNITIES PROGRAM. ACTION: City Clerk Brown-Morilla read the title of the proposed resolution, and City Manager DiPietro introduced the item that was requested by the Miami-Dade County League of Cities. Commissioner Kauffman moved and Commissioner Morrow seconded a motion to adopt the resolution. Resolution No. 98- 77 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 10. MOTIONS: A. AWARD OF BID (SOLE SOURCE VENDOR) - DEFIBRILLATORS. ACTION: [City Clerk's note: This item was read following agenda item 7-B; see also related agenda item 7-C.] The City Clerk read the title, and Commander Nannette Murray introduced the item. Summary Minutes of the July 16, 1998, City Commission Meeting - Page 16 of 20 Commissioner Morrow moved and Vice Mayor Turetsky seconded a motion to approve, which was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias y Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky )'eS Mayor Samson yes 10. B. AWARD OF BID - 06-01-98 - LANDSCAPING MAINTENANCE CONTRACT. ACTION: City Clerk Brown-Morilla read the title, and City Public Works Superintendent Robert Pushkin introduced the item, asking the Commission to approve the award to Oasis Lawn, Inc. Mayor Samson asked to have the contract include a 30 day cancellation clause. Commissioner Kauffman asked if the contractor would be cleaning every street. Vice Mayor Turetsky moved and Commissioner Kauffman seconded a motion to approve the item. The motion was approved 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 10. C. CHANGE ORDER P.O. TRASH RECEPTACLES ACTION: City Clerk Brown-Morilla read the title, and City Public Works Superintendent Pushkin introduced the item. Commissioner Kauffman asked if this had originally been a public bid, and City Manager DiPietro said yes. Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve the item. The motion was approved 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 10. D. CHANGE ORDER P.O. #063 - BANNERS ACTION: City Clerk Brown-Morilla read the title, and City Public Works Superintendent Pushkin introduced the item. Mayor Samson asked to table the item, and questioned the price of an 8' banner. Commissioner Morrow moved and Commissioner Kauffman seconded a motion to defer the item. The motion was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Summary Minutes of the July 16, 1998, City Commission Meeting - Page 17 of 20 Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 10. E. FORMATION OF CITIZENS ADVISORY COMMITTEE FOR SUNNY ISLES BEACH POLICE DEPARTMENT. ACTION: City Clerk Brown-Morilla read the title, and City Police Captain Fred Maas introduced the item. Commissioner Morrow moved and Commissioner Kauffman seconded a motion to approve the item. The motion was approved 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 10. F. Add-on item: SCHEDULE OF SEPTEMBER CITY COMMISSION MEETING DATES, INCLUDING THE TWO PUBLIC HEARINGS ON THE BUDGET ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced the item, requesting the Commission approve the following schedule of Commission meetings for September: September 10, 1998 at 7:00 p.m. Budget Hearing September 17, 1998 at 7:00 p.m. Regular City Commission Meeting September 24, 1998 at 7:00 p.m. Final Budget Hearing Commissioner Iglesias moved and Vice Mayor Turetsky seconded a motion to adopt the schedule of meeting dates for September. The motion was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow y Vice-Mayor Turetsky yes Mayor Samson yes 10. G. Add-on item: CITY MANAGER'S PROPOSED MILLAGE RATE ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced the item, requesting the Commission to confirm the proposed Millage Rate of 2.399 per $1,000 of assessed valuation. Commissioner Morrow moved and Commissioner Kauffman seconded a motion to approve the proposed millage rate. The motion was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Summary Minutes of the July 16, 1998, City Commission Meeting - Page 18 of 20 Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 10. H. Add-on item: EXTENSION OF THE MEETING TIME BEYOND MIDNIGHT ACTION: At approximately 11:57 p.m., City Clerk Brown-Morilla notified the Commission that the City Charter required a vote to extend the meeting beyond midnight. Commissioner Kauffman moved and Commissioner Morrow seconded a motion to extend the meeting beyond midnight, which was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman ves Commissioner Morrow ves Vice-Mayor Turetsky yes Mayor Samson ves 11. DISCUSSION ITEMS: A. DELEGATION OF COMMISSION AUTHORITY TO AWARD BIDS, FOR THE DEMOLITION OF TWO BEACHFRONT ABANDONED BUILDINGS (CITY PARK SITE). ACTION:City Clerk Brown-Morilla read the title. City Manager DiPietro recommended approval. Commissioner Kauffman moved and Commissioner Iglesias seconded approval of the item, which was approved 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 11. B. DELEGATION OF COMMISSION AUTHORITY TO AWARD BID FOR COMMISSION CHAMBERS SOUND AND RECORDING SYSTEM. ACTION:City Clerk Brown-Morilla read the title. City Manager DiPietro recommended the item. Commissioner Iglesias moved and Vice Mayor Turetsky seconded approval of the item, which was approved 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 Summary Minutes of the July 16, 1998, City Commission Meeting - Page 19 of 20 11. C. Add-on item: Mayor Samson asked that signs be posted regarding decorum during City Commission meetings. He said that in the future there would be a Police Officer present during meetings. The Officer would be asked to remove anyone engaging in actions that were disrupting the public meeting. 11. D. Add-on item: Mayor Samson read a statement entitled "Goals Accomplished!"which identified many of the promises which have been already achieved in the recent months of the City's existence. 11. E. Add-on item: Commissioner Kauffman complimented City Public Works Superintendent Pushkin for the fine job that was done installing flags in the City. Mayor Samson also expressed that both Bob Pushkin and his assistant, Anthony Payne, are doing an excellent job. 11. F. Add-on item: During discussion of agenda item 10-D,Commissioner Kauffman asked if an American flag had been obtained yet for the exterior of City Hall, as she had previously requested. 12. REQUESTS, PETITIONS & OTHER COMMUNICATIONS: A. Kathleen Kennedy thanked Mayor Samson for the rapid response in having North Bay Road cleaned up. 12. B. Phillip Chernoff addressed the problem of shopping carts being removed from stores such as Publix, and being left throughout the community. City Manager DiPietro said that the City would be addressing the issue in a future Commission agenda with a proposed ordinance relating to abandoned shopping carts. 12. C. Lillian Ramos expressed public safety concerns about the rapid timing of traffic lights, (particularly on Collins Avenue in front of the Publix store)which make it very difficult for pedestrians to cross the street safely. Mayor Samson asked the City Manager to have the timing of the lights adjusted. 13. ADJOURNMENT: At 12:06 a.m. Friday, Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to adjourn the meeting,which was approved by a unanimous voice vote. Respectfully submitted by: Approved by the City Commission this 13th day of August, 19'8. 1/4, Richard Brown-Morilla, City Clerk David Samson, ayor • 4 - t..1 •e • - `•'- ° 4 mm Suary Minutes of the July 16, 1998, City Commission Meeting - Page 20 of 20