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HomeMy WebLinkAbout1998-0813 Regular City Commission Meeting SUMMARY MINUTES City of Sunny Isles Beach City Commission Meeting — Thursday, August 13, 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: Richard Schulman, led the Pledge of Allegiance to the flag. 3. APPROVAL OF MINUTES: ACTION: Commissioner Iglesias moved and Vice Mayor Turetsky seconded a motion to approve the minutes of the July 16, 1998, Commission Meeting. 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 6-B, substituting Revised agenda items 7-D, 8-B (exhibit A only) and 9-A (final amended contract)]. [Clerk's note: see each agenda item for details] See also items 11-A, 11-B, 11-C, 11-D, 11-E, and 12. 5. SPECIAL PRESENTATIONS: ACTION: Mayor Samson announced that City Attorney Lynn Dannheisser had worked very hard to produce a City book for each Commissioner including the Charter, Organizational Chart, and information on such topics as the Public Records Law, Sunshine Law, Conflict of Interest and Ethics laws, and zoning procedures. Summary Minutes of the August 13, 1998, City Commission Meeting - Page 1 of 14 6. ZONING: A) Hearing No. Z980009 REQUEST OF WILLIAMS ISLAND OCEAN CLUB, INC., OWNER OF PROPERTY AT 17875 COLLINS AVENUE FOR THE FOLLOWING: 1. Unusual Use to permit a private recreational facility (to wit, a beach club, lockers, restaurant/lounge and related uses)in conjunction with an existing hotel. 2. Non Use Variance of parking requirements to permit a total of 119 parking spaces (46 parking spaces are tandem) (226 spaces required). 3. Non Use Variance to permit tandem parking (none permitted). 4. Non Use Variance to permit an existing chickee hut to setback 0' ft (25' required) from the rear (east) property line. Ex-parte disclosures 0 Protests 0 Waivers 0 ACTION: [The Public Hearing for agenda item 6-B, No. Z980010 was held simultaneously with this item] City Clerk Brown-Morilla read the applicant's name, hearing number, location, and request. *The City Clerk 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: Joseph Goldstein, Esq.; City Building Official Michael Berkman; Zoning and Code Administrator George Vera; Bobby Dean Phillips; Rocco DeSangro; Cecile Sippin; Ada Valiente Garcia. Mr. Goldstein, displayed photos and diagrams to enable the beach club facility to operate their property at the Pan American Hotel site. He noted that 226 parking spaces would be required for the hotel under current code (they are 109 spaces short), and the proposed beach club facility would require 13 parking spaces, for a combined total of 239. Therefore they have requested the ability to have tandem parking in the main hotel facility and the tennis court facility, with the latter being used as a valet parking lot. To accommodate the beach access issue, a covenant for a grant of a ten foot wide easement is being provided, along with improvements to Collins Avene. Mr. Goldstein also proffered reinstallation of public utility underground. A signed covenant has been provided, and Mr. Goldstein said that an extra condition is that the applicant will provide a joinder from a mortgagee. Vice Mayor Turetsky asked about the elevation of the tennis court which is currently 2 or 3 feet higher. Commissioner Kauffman inquired about the term "joinder" and Mr. Goldstein indicated that the bank holding the mortgage will back up the commitment that runs with the land. Commissioner Morrow noted that if the site had a high rise, there would be greater traffic impact. She asked if there is any other favor that might come to benefit the residents of the club. Mr. Goldstein said that residents can become members, and they are providing a beach access. Mayor inquired when the beach access would be open to the public. Mr. Goldstein stated it would be before them getting the C.O. for the beach club. Mayor wants to have a sign saying "public beach access." Mr. Goldstein said yes but, expressed concern regarding safety; he said they will work with the City to coordinate it. City Attorney Dannheisser asked about rewording the covenant. Mr. Goldstein suggested leaving the covenant as it is, Summary Minutes of the August 13, 1998, City Commission Meeting - Page 2 of 14 and place a condition to provide reasonable beach access, assuming public safety, then provide public access until such time as a formal easement agreement is provided in accordance with the covenant. Both City Planning and Zoning recommend approval except for the chickee hut. Mr. DeSangro asserted a safety concern regarding the darkness of Atlantic Blvd., which is only approximately 18 ' wide, with no sidewalk, and fast moving valet drivers. Commissioners Iglesias suggested that in upgrading area landscaping the developers work with staff. Commissioner Kauffman moved, and Commissioner Morrow seconded a motion to approve the request with staff conditions and recommendations. The motion was approved as Resolution No. 98-Z-17, by a roll call vote of 5-0 Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Moroint yes Vice-Mayor Turetsky yes Mayor Samson yes 6. B) Hearing No. Z980010 REQUEST OF WILLIAMS ISLAND OCEAN CLUB, INC., OWNER OF PROPERTY AT APPROXIMATELY 100 SOUTH OF 178 ST. AND EAST OF ATLANTIC BLVD., FOR THE FOLLOWING: 1. Modification of Condition B of Resolution 4-ZAB-44-83 passed and adopted by the Zoning Appeals Board on the 9'" day of February, 1983 reading as follows: From B: That in the approval of the plan the same be in accordance with that submitted for the hearing entitled " Proposed Addition Two tennis Courts & Pro-Shop for Pan American Hotel, Inc., Miami, Florida", consisting of three pages, prepared by Wayne E. Dennis, Architect and planners, dated 1-7-83. To: That in the approval of the plan the same be in accordance with that submitted for the hearing entitled "Williams Island Ocean Club Inc.", prepared by Arc-tech Associates Incorporated dated 6/22/98, and plans entitled "Williams Island Ocean Club, Inc.", prepared by Bradshaw Gill & Associates dated 6/16/98 on sheet P-1 and dated 6/22/98 on sheet P-2 & P-3. The purpose of this request is to allow the applicant to submit plans showing a parking lot for the Williams Island Ocean Club on the East side of Collins Ave. 2. Unusual Use to permit a non-commercial parking lot to serve the Williams Island Ocean Club, Inc. located on a non-contiguous property on the West side of Collins Ave. 3. Non Use Variance to permit tandem parking ( none permitted ). Ex-parte disclosures 0 Protests 1 Waivers 0 ACTION:(The Public Hearing for this item was heard simultaneously with agenda Summary Minutes of the August 13, 1998, City Commission Meeting - Page 3 of 14 item 6-A, No. Z980009, see detail above] Mr. Goldstein noted that the applicant will provide the City with all appropriate joinders regarding the restrictive covenants. Commissioner Kauffman moved, and Commissioner Morrow seconded a motion to approve the request with staff conditions and recommendations. The motion was approved as Resolution No. 98-Z-18, by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias Les Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 6. C) Hearing No. Z980011 REQUEST OF COLLINS & 194Th ASSOCIATES, LTD., OWNER OF PROPERTY AT 19405 AND 19455 COLLINS AVENUE FOR THE FOLLOWING: 1. Non-Use Variance of Parking requirements to permit 409 parking spaces (449 parking spaces required). 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 for all of the evening's Zoning hearings. City Attorney Dannheisser read a disclaimer for all**of the evening's Zoning hearings. Public Speakers: Joseph Goldstein, Esq.; William Thompson, Vice President of Collins 194th. Mr. Goldstein presented a bound document, and a written"Proposed Condition"for the record. He agreed to commitments to improve: place utilities underground in front of their site, and provide additional landscaping along Collins Avenue in accordance with plans presented to the City or in accordance with the City's plan. Commissioner Kauffman inquired about Mr. Berkman's condition restricting any future owners from subdividing or partitioning, and Mr. Goldstein said it was agreed to. Vice Mayor Turetsky asked about the timing of the request relative to the City's Moratorium. Mr. Goldstein noted joinders will be provided into the declarations of restrictive covenants. City Attorney Dannheisser noted that the specific condition regarding future subdivision of spaces had not been addressed. Mr. Goldstein said it will be in a free standing covenant. Commissioner Kauffman asked when the beach access for residents would be available (given by Ocean One). Mr. Thompson said it should be in the summer of 1999. In response to the Mayor's question, Mr. Thompson said they would be providing two easements: 70 feet at the south end, and at the Mayors' request,ten feet at the north end. Summary Minutes of the August 13, 1998, City Commission Meeting - Page 4 of 14 Commissioner Morrow moved, and Commissioner Kauffman seconded a motion to approve the request with staff conditions and recommendations. The motion was approved as Resolution No. 98-Z-19, 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 7. ORDINANCES FOR FIRST READING: A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING THE GENERAL FUND OPERATING BUDGET AND CAPITAL BUDGET FOR FISCAL YAR COMMENCING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998; AMENDING ORDINANCE 98-30 AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title and City Manager DiPietro introduced the proposed ordinance which relates to the fiscal year just ending, and involves moving money from the contingency fund into two departments for capital expenses. He noted that the overall budget for the general fund is unchanged at $3,319,000. Public Speakers: none Commissioner Morrow 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 September 17, 1998, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yn Mayor Samson yes 7. B. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING STANDARDS, REQUIREMENTS AND RESTRICTIONS ON MATERIALS AND COLORS FOR EXTERIOR WALLS OF BUILDINGS; PROVIDING FOR FACING MATERIALS; PROVIDING FOR CHANGES IN PLANS AND SPECIFICATIONS AS REQUIRED; PROVIDING FOR SAMPLES OF COLOR AND PAINTING AND AWNING WORKS; PROVIDING FOR FEES FOR EXAMINATION OF PLANS AND SPECS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR INCLUSION INTO THE CODE AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title and City Attorney Dannheisser introduced the proposed ordinance which was requested by the Mayor. Public Speakers: none Summary Minutes of the August 13, 1998, City Commission Meeting - Page 5 of 14 Commissioner Kauffman moved and Commissioner Morrow seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 4-0-1 in favor. Second reading, public hearing will be September 17, 1998, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky absent Mayor Samson yes 7. C. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REPEALING ORDINANCE NO. 96-12 AMENDING SECTION 33-255.1 OF THE CODE OF MIAMI- DADE COUNTY PERTAINING TO ADULT ENTERTAINMENT; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title and City Attorney Dannheisser introduced the proposed ordinance. Public Speakers: none Commissioner Morrow 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 September 17, 1998, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 7. D. [City Clerk's note: *a revised proposed Ordinance was handed-out and filed with the meeting records.] AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PERTAINING TO THE REMOVAL OF UNATTENDED SHOPPING CARTS; PROVIDING FOR DEFINITIONS; PROVIDING FOR REMOVAL, DISPOSITION, AND AUCTION OF UNCOLLECTED SHOPPING CARTS BY THE CITY MANAGER; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title and City Manager DiPietro introduced the proposed ordinance. Public Speakers: Phillip Chernoff; Kathleen Kennedy;Arnold Klein;W. Donald Stewart; Iry Diamond; Ada Valiente Garcia; Claire Fuchs Mayor Samson encouraged the City Manager to insure that all business that have carts be notified. Mr. Chernoff questioned the issue of removal from private property, and the City Manager said he would research the issue and respond at the next meeting. City Attorney Dannheisser offered wording to the proposal to include Summary Minutes of the August 13, 1998, City Commission Meeting - Page 6 of 14 retrievals of unattended carts on private property by permission. Commissioner Kauffman moved as amended 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 September 17, 1998, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes [City Clerk's note: A few days after the meeting, the proposed ordinance was administratively withdrawn in light of a recent State statute.] 8. ORDINANCES FOR SECOND READING ( PUBLIC HEARINGS) A. 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 SECTIONS 2-98.4 THROUGH SECTIONS 2-98.10, SUBSTITUTING THE TERM"METROPOLITAN DADE COUNTY Summary Minutes of the August 13, 1998, City Commission Meeting - Page 7 of 14 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 proposal eliminates irrelevant County code provisions, and also incorporates two recent County amendments to the"Lobbying"provisions of Chapter 2, increasing Lobbyist registration fees, and revising penalties. Public Speakers: Tim Klune; Bobby Dean Phillips; Building Official Michael Berkman In response to a question, the City Clerk read the penalty provisions. City Attorney Dannheisser clarified that the County Code provisions of Lobbyist Registration apply to all Cities. Commissioner Kauffman moved and Vice Mayor Turetsky seconded a motion to adopt the ordinance on second reading. Ordinance No. 98-44 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow ves Vice-Mayor Turetsky yes Mayor Samson yes 8. B. [City Clerk's note: *a revised proposed Exhibit A, Tax Schedule was handed-out and filed with the meeting records.] 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. City Manager DiPietro introduced the item and explained that the County rates will decrease since the City is adopting its own ordinance. Public Speakers: Bill Lone; W. Donald Stewart; Bobby Dean Phillips Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to adopt the ordinance on second reading. Ordinance No. 98-45 was adopted by a Summary Minutes of the August 13, 1998, City Commission Meeting - Page 8 of 14 roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 9. RESOLUTIONS: A. [City Clerk's note: *a revised proposed final amended contract was handed-out and filed with the meeting records.] A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE CONTRACT FOR 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 CONTRACT FOR PURCHASE AND SALE ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO • EXECUTE SUCH CONTRACT; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed resolution, and City Attorney Dannheisser introduced the item noting that the price for the land purchase is $1,435,000. The closing is contingent upon the securing of a clean environmental audit and receipt by the City of a final tentative plat, which is paid for by the seller that reflects that the utility easements running through the property shall be vacated or , in the alternative, relocated. The City has the right to back-out of the contract if the engineers determine that utility easements cannot be relocated. Commissioner Kauffman sought clarification about the utility line running through the site. Mayor Samson explained that the City was seeking to purchase the property (2.8 acres) to level it and make a passive park. Public Speakers: Phillip Chernoff Vice Mayor Turetsky moved and Commissioner Kauffman seconded a motion to adopt the resolution. Resolution No. 98- 78 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. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, GRANTING A REQUEST FOR WAIVER TO ORDINANCE NO. 98-40, IMPOSING A MORATORIUM ON THE FILING AND CONSIDERATION OF ZONING APPLICATIONS AMONG OTHER THINGS, PURSUANT TO SECTION 2 OF SAID ORDINANCE TO AUTHORIZE CONSIDERATION OF A ZONING APPLICATION RELATING TO AN OUT-PARCEL ON BEHALF OF R. K. Summary Minutes of the August 13, 1998, City Commission Meeting - Page 9 of 14 ASSOCIATES IN THE 180Th STREET SHOPPING CENTER, NOT TO EXCEED 2500 SQUARE FEET IN ACCORDANCE WITH STAFF RECOMMENDATIONS; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed resolution, and City Building Official Michael Berkman introduced the item Public Speakers: Cecile Sippin; Commissioner Kauffman moved and Vice Mayor Turetsky seconded a motion to adopt the resolution. Resolution No. 98- 79 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 Mayor Samson yes 9. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ESTABLISHING A CITIZENS PLANNING ADVISORY COMMITTEE AND ITS COMPOSITION; PROVIDING FOR ITS SPECIFIC ADVISORY CAPACITY; RENDERING THE COMMITTEE SUBJECT TO THE SUNSHINE LAWS; PROVIDING FOR APPOINTMENTS TO BE MADE IN WRITING EFFECTIVE IMMEDIATELY UPON SUBMISSION TO THE CITY CLERK BY HIS/HER ACCEPTANCE AND FILING OF A FINANCIAL DISCLOSURE FORM 1; AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed resolution, and City Attorney Dannheisser introduced the item noting that their function would be to serve as a lay recommending body relative to the City's Comprehensive Plan, its Land Development Regulations, and to be responsible for following State, local and Federal government trends in which the City might be interested in. There will be a total of 15 members, three from each member of the Commission. Commissioner Iglesias suggested that the Commissioners representing districts nominate individuals from their own district so that all areas of the City will be represented. Mayor Samson suggested having a special meeting so that the proposed names can be reviewed. Commissioner Kauffman disagreed regarding the suggestion of only appointing from districts, they should be representatives for the whole City. Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to adopt the resolution. Resolution No. 98- 80 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 August 13, 1998, City Commission Meeting - Page 10 of 14 9. D. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, SELECTING THE FIRM OF RACHLIN COHEN & HOLTZ TO SERVE AS THE CITY'S AUDITOR; 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 introduced Mr. Jerry Chiocca and explained the item. Vice Mayor Turetsky moved and Commissioner seconded a motion to approve the recommendation of rank ordering of firms, designating Rachlin Cohen & Holtz. The motion was approved 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes Commissioner Morrow moved and Vice Mayor Turetsky seconded a motion to adopt the resolution. Resolution No. 98- 81 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 COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,GRANTING THE CITY MANAGER AUTHORITY TO ENTER INTO SERVICE AGREEMENTS BY AND BETWEEN THE CITY OF SUNNY ISLES BEACH AND PROPERTY OWNER(S) WHO MAY PRIVATELY OWN STREETS, ALLEYS AND ROADS AND REQUEST SAME TO BE POLICED BY THE CITY'S POLICE DEPARTMENT; SETTING A COMPENSATION FEE; SETTING TERM LIMITS; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed resolution, and City Police Chief Richard Harrison introduced the item. City Manager DiPietro responded to the Mayor's question regarding the fee, that it is proposed at a rate of$100.00 per year. Mayor Samson noted that other property owners do not have to pay a $100 fee, and everyone pays the same taxes. Commissioner Kauffman noted that if private property owners are going to get extra police protection, they should pay something. Mayor Samson suggested they would not be "getting extra services". The proposal was amended to delete the fee and substitute the wording "for good and valuable consideration." Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to adopt the amended resolution. Resolution No. 98-82 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman yes Summary Minutes of the August 13, 1998, City Commission Meeting - Page 11 of 14 Commissioner Morrow y Vice-Mayor Turetsky yes Mayor Samson yes 10. MOTIONS: A. MOTION FOR EXPENDITURE OF POLICE IMPACT FEES MONIES FOR FISCAL YEAR 1997-1998 IN ACCORDANCE WITH ORDINANCE NO. 98-17 AND AS FURTHER AMENDED BY ORDINANCE NO. 98-25. Action: [City Clerk's note: agenda items 10-B, and 10-C were voted on collectively] City Clerk Brown-Morilla read the title of each item, and City Police Chief Richard Harrison introduced them. Commissioner Kauffman asked if the funding was coming from the Police Impact fees, and City Manager DiPietro clarified that the first two items were funded by the Police Impact fees, but that the third item would be from the general fund for the lap-top computers. Vice Mayor Turetsky asked about purchasing the radios, Chief clarified that the first set were hand-held radios, and the second set were for the cars. The City Manager noted that we are following the County bid contract for radios. Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve items 10-A, 10-B and 10-C, 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 yes 10. B. A MOTION FOR EXPENDITURE OF POLICE IMPACT FEES MONIES FOR FISCAL YEAR 1998-1999 IN ACCORDANCE WITH ORDINANCE NO. 98-17 AND AS FURTHER AMENDED BY ORDINANCE NO. 98-25. Action: [City Clerk's note: see agenda item 10-A above] Approved 10. C. MOTION TO ACCEPT BID PROPOSAL— CDPD — FOR (8) LAPTOP COMPUTERS FOR THE CITY OF SUNNY ISLES BEACH POLICE DEPARTMENT. Action: [City Clerk's note: see agenda item 10-A above] Approved 11. DISCUSSION ITEMS: A. City Manager DiPietro summarized several points from his newsletter, including: • 30 additional litter baskets for Collins Avenue were ordered, for a total of 75 • 725 occupational license packets were sent out • high volume of calls to the Police Department • code enforcement continues on illegal signs • 180th Street beach access: an agreement with the County now enables the City to Summary Minutes of the August 13, 1998, City Commission Meeting - Page 12 of 14 cite the Golden Strand • Collins Avenue will be beautified in October with the planting of flowering plants 11. B. Given the high volume of calls being received by the new Police Department, Mayor Samson encouraged the public to use their best judgement as to the nature of the calls. 11. C. Mayor Samson introduced Rosa Rodriguez, as a candidate for County Court Judge. 11. D. Mayor Samson thanked the City Manager, City Attorney, City Clerk, Mr. Berkman, Mr. Vera. The Police Chief and Captain for their help in moving the City along so quickly. 11. E. City Manager announced there were handouts regarding the City's proposed tax rate. He also introduced the Police Chief who read from a report on the types of calls for Police Service. 12. REQUESTS, PETITIONS & OTHER COMMUNICATIONS: A. During discussion of 6-A , Ada Valiente Garcia expressed a concern about the poor maintenance condition of a parking area to owned by Turnbury. B. Bobby Dean Phillips asked if there was anything that could be done to assist part-time City residents who have their Corporate vehicle registration expire while they are away during the summer[and they received a ticket for driving with an expired tag when they returned]. The Police Chief noted that a renewal could be obtained three months prior to expiration. C. Bernie Mickley, Manager of Radio Shack, asked why they weren't invited to bid on the Police radios. The Chief explained that it was a sole source bid. D. Ada Garcia asked if the Police encountered any DUI situations, and if there were alarm calls. Chief Harrison said that there were alarm calls, but no DUI situations. He noted that the City does not have DUI equipment , but the County Police offers DUI testing at Station 6. E. Phillip Chernoff said there were no speed limit signs from Winston Tower on North Bay Road. Mayor Samson noted that State law regulates the permitted speed in a residential area. F. Kathleen Kennedy expressed thanks for the City taking down the rotting signs at the Plaza of the Americas, however she complained that they've put up 18 American flags. She asked if anything can be done. The City Attorney said she would research the issue as to the quantity of the signs and report back. Summary Minutes of the August 13, 1998, City Commission Meeting - Page 13 of 14 13. ADJOURNMENT: Commissioner Iglesias moved and Commissioner Morrow seconded a motion to adjourn the meeting which was approved by a unanimous voice vote at 10:09 p.m. Respectfully submitted by: Approved by the City Commission this 17`h day of Septem , 1998. c.. Richaid-Browtl-Morilla, City Clerk David Samson, Mayor bJ (,l c 4 ' }' . . f ,�.� I a e; -'; t, �l d fJ ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO LOBBYING. PLEASE CONTACT THE CITY CLERK FOR REGISTRATION FORMS. Summary Minutes of the August 13, 1998, City Commission Meeting - Page 14 of 14