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HomeMy WebLinkAbout1999-1014 Regular City Commision Meeting SUMMARY MINUTES City of Sunny Isles Beach Regular City Commission Meeting - Thursday, October 14, 1999, 7:00 p.m. 1. CALL TO ORDER/ROLL CALL OF MEMBERS Mayor Samson called the meeting to order at 7:07 p.m.,with the following officials present: Mayor David Samson Vice Mayor Irving Turetsky Commissioner Danny Iglesias Commissioner Lila Kauffman Commissioner Connie Morrow City Manager Jack Neustadt City Attorney Lynn Dannheisser City Clerk Richard Brown-Morilla 2. INVOCATION/PLEDGE OF ALLEGIANCE ACTION: Police Commander Nannette Murray led the Pledge of Allegiance to the flag and Richard Schulman gave the invocation. 3. APPROVAL OF MINUTES: None. 4. AGENDA/ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS) ACTION: [The City Commission agreed to add-onto the agenda the following new items: 5G,5H,5I,5J,5K, 7B,9M,which were distributed at the start of the meeting. A revision to 9K was also handed out. See each item below for specific details.] 5. SPECIAL PRESENTATIONS: 5A. SWEARING OF POLICE CHIEF FRED MAAS ACTION: City Clerk Brown-Morilla read the title and then administered the oath of office to Police Chief Fred Maas. Mayor Samson and City Manager Jack Neustadt pinned the Chief's new stars. Chief Maas expressed words of gratitude, and City Manager Neustadt complimented the Chief and the Police Department personnel. There was a brief discussion about purchasing two jet skis. Police Department staff expressed their thanks for the opportunity to work in Sunny Isles Beach and presented a plaque to Mayor Samson and the City Commission. Mayor Samson expressed his gratitude for the plaque and his pride in the department. Police Officer Kim Bowerman made a presentation from the Department to Chief Maas. Summary Minutes of the October 14, 1999, Regular City Commission Meeting - Page 1 of 14 5B. FAY PARKIN FOUNDATION PROCLAMATION ACTION: City Clerk Brown-Morilla read the title and City Manager Neustadt noted that it was through the efforts of Richard Schulman that the City was receiving a donation from the Fay Parkin Foundation. Mr. Jonathan Marks presented a check for S22,000 to be used to purchase defibrillators for use in City Police cars. The City Manager presented the City's Proclamation declaring Thursday, October 14, 1999, as Fay Parkin Foundation Day. 5C. OFFICER OF THE MONTH JULY/AUGUST - DWIGHT SNYDER ACTION: City Clerk Brown-Morilla read the title and Chief Maas presented a certificate to Corporal Dwight Snyder and a check. 5D. OFFICER OF THE MONTH SEPTEMBER/OCTOBER - JAMES BUCHANAN ACTION: The City Clerk read the title and then Chief Maas presented a certificate to Officer James "Buck" Buchanan and a check. 5E. APPOINTMENT OF RABBI ELLIOT WINOGRAD AS POLICE CHAPLAIN ACTION: City Clerk Brown-Morilla read the title and Chief Maas introduced B'nai Zion Rabbi Winograd as the newest Police Chaplain and the Rabbi made some remarks. 5F. INTRODUCTION OF MARLA DUMAS, DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT ACTION: The City Clerk read the title and then City Manager Neustadt introduced Marla Dumas, who made introductory remarks. 5G. Add-on item: MICHAEL AND BERNIE GRAND NETTI PROCLAMATION ACTION: City Manager Neustadt expressed appreciation for the valuable assistance provided by Officer Michael Grandinetti and his brother(Personal Computers)with many City computer issues. Mayor Samson provided a Proclamation declaring October 14, 1999, to be Michael and Bernie Grandinetti Day in the City. 5H. Add-on item: ALYCE HANSON, CECILLE HAYLES, PRISCILLA WALKER AND JEAN WATSON PROCLAMATION ACTION: City Manager Jack Neustadt expressed his great appreciation for the extra efforts made by City employees: Alyce Hanson,Cecille Hayles,Priscilla Walker,and Jean Watson who worked quickly to prepare two grant applications. Alyce Hanson accepted the Proclamations for the others not in attendance. Mayor Samson asked if the individuals were also being rewarded with checks for their efforts, and the City Manager said yes. 5I. Add-on item: RON BOOK PROCLAMATION ACTION: City Clerk Brown-Morilla read the title and City Manager Neustadt credited Ron Book for the great successes of the City in receiving County and State grants. He expressed gratitude for the efforts of Mr. Book and presented a Proclamation declaring Saturday, October 16, 1999 as Ron Book Day. Summary Minutes of the October 14, 1999, Regular City Commission Meeting - Page 2 of 14 5J. Add-on item: FLAG PRESENTATION TO MAYOR DAVE SAMSON ACTION: No action was taken on this item at the meeting. 5K. Add-on item:ECKERD DRUG CORPORATION SALUTE TO WOMEN,CERTIFICATE OF AWARD PRESENTATION TO CONNIE MORROW ACTION: City Clerk Brown-Morilla read the title and Jay Palin, Eckerd District Operations Manager presented the Certificate of Award to Vice Mayor Connie Morrow"in recognition for her commitment to making the community a better place to live." 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. REQUEST OF PUBLIC STORAGE INC.,OWNER OF PROPERTY LOCATED AT 301 SUNNY ISLES OCEAN BOULEVARD FOR THE FOLLOW NG: (Public Hearing #Z99-13) 1. Non Use Variance of Zoning Regulations requiring to an 8 foot high wall enclosing the vehicle storage area; to waive same to omit the wall. 2. Non Use Variance of Zoning Regulations requiring to a landscape buffer between the masonry wall and abutting road ways; to waive same to provide no landscaping buffer. 3. Non Use Variance of Zoning Regulations requiring the area of self storage facilities be not less than 2.5 acres; to waive same to permit an existing self storage facility with an area of 0.91 acres. Protests 0 Waivers 0 Ex-Parte 0 ACTION: Mayor Samson read a statement regarding procedure and decorum. City Clerk Brown-Morilla read the applicant's name, hearing number, and location. The City Clerk administered the oath to the witnesses for the evening's Zoning hearings, and City Attorney Dannheisser read a disclaimer for the Zoning hearings. Public Speakers: Michael Meikle, representative of the applicant; Zoning and Code Administrator Jorge Vera; Luis Soro; Mary Ann Eicke; Community Planning and Development Director Marla Dumas; Code Enforcement Licensing Officer Chris Steers Zoning and Code Administrator Jorge Vera read from his report and recommended against approval. Commissioner Turetsky asked about the view of the trucks if the request was approved. Mr. Meikle showed photos of the view and made arguments regarding the fact that State law requires the truck signage. Commissioner Kauffman said she would have no objection as long as there were a wall or fence to obstruct the view of the vehicles. It was clarified that there is landscaping, but no wall. Chris Steers said that a County ordinance prohibits the type of signage on commercial vehicles that was being proposed. Both Commissioners Morrow and Iglesias suggested that no decision be made on this type of request until more decisions are made regarding the future use of Sunny Isles Boulevard and the future site of the new government center. Summary Minutes of the October 14, 1999, Regular City Commission Meeting - Page 3 of 14 Commissioner Kauffman moved, and Commissioner Iglesias seconded a motion to deny the application without prejudice in accordance with City staff recommendations.The motion to deny was approved as Resolution No. 99-Z-36, by a roll call vote of 5-0. Vote: Commissioner Iglesias yes Commissioner Kauffman }es Commissioner Turetsky y Vice Mayor Morrow yes Mayor Samson yes 6B. REQUEST OF FLORIDA BELLEVUE ASSOCIATES,LTD., OWNER OF PROPERTY SOUTH OF 183RD STREET BETWEEN NORTH BAY ROAD AND ATLANTIC BOULEVARD. (Public Hearing #Z99-15) 1. Modification of Condition A& G of Resolution 98-Z-20,passed and adopted by the City Commission of the City of Sunny Isles Beach on the 17th day of September, 1998 reading as follows: From A: The applicant provide a Declaration of Non-Modifiable Restrictive Covenants that the property will remain an apartment/hotel,rental apartments and all services provided by a hotel,including daily linen services, front desk,valet and all services connected with a hotel operation,including a covenant that no unit will be sold as a condominium unit in perpetuity. To A: The applicant provide a Declaration of Non-Modifiable Restrictive Covenants that the property will remain an apartment/hotel, rental apartments and all services provided by hotel, including daily linen services, front desk,valet and all services connected with a hotel operation. From G: That the applicant agrees that all units will be made for rental and no more than five percent(5%)of all individual apartment units shall be occupied for more than six(6)months. To G: The applicant agrees that there shall not be the sale,conveyance,or long-term lease or sublease(for more than six(6)months)of five(5)percent or more cumulatively,of the units to the same buyer, lessor or sublessor. Protests 0 Waivers 0 Ex-Parte 0 ACTION: Mayor Samson read a statement regarding procedure and decorum. City Clerk Brown-Morilla read the applicant's name, hearing number, and location. The City Clerk administered the oath to the witnesses for the evening's Zoning hearings, and City Attorney Dannheisser read a disclaimer for the Zoning hearings. Public Speakers: Stanley Price, Esq.; David Hirchfeld; Jorge Vera; Mr. Price asserted that the developer couldn't get financing without the ability to sell the units as an apartment hotel. He also said the requested change doesn't alter the usage of the property. He characterized the application as a request to change a condition that was previously imposed by the City Commission. Mr. Vera stated that since no Zoning or legal issues were involved, he had no recommendation on the application; and it was a Commission policy decision. Commissioner Turetsky moved and Commissioner Iglesias seconded the motion to approve the application,which was approved as Resolution No. 99-Z-37,by a roll call vote of 5-0. Summary Minutes of the October 14, 1999, Regular City Commission Meeting - Page 4 of 14 Vote: Commissioner Iglesias Les Commissioner Kauffman y Commissioner Turetsky Les Vice Mayor Morrow Les Mayor Samson 7. ORDINANCES FOR FIRST READING: 7A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NO. 98-45 &99-60 WHICH ADOPTED AN OCCUPATIONAL LICENSE TAX PURSUANT TO CHAPTER 205, FLORIDA STATUTES (1997); AMENDING SECTION 5,ENTITLED TERM OF LICENSE AND TRANSFER; AMENDING SECTION 11, ENTITLED OCCUPATIONAL LICENSE TAX SCHEDULE TO AMEND SAME PROVIDING FOR TAX REDUCTIONS, REVISIONS, AND CATEGORY ADDITIONS;PROVIDING FOR FUTURE TAX REDUCTIONS BY ADMINISTRATIVE ORDER OF THE CITY MANAGER;PROVIDING FOR INCLUSION IN TIC CODE,FOR SEVERABILITY, AND AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance and City Code and Licensing Enforcement Officer Chris Steers introduced the item. Public Speakers: none Commissioner Turetsky proposed amending Section 2 of the proposed ordinance: "...by administrative order of the City Manager..." to add the words, "subject to the City Commission's approval." City Manager Neustadt proposed instead to delete the specific sentence entirely regarding the ability of the City Manager to administratively reduce the fees, since he never asked for that power or authority. Chris Steers noted the changes would result in S30,000 to $35,000 in tax relief for liquor licenses. Commissioner Iglesias moved the proposed ordinance as amended by the City Manager[City Clerk's note: deleting the sentence in Section 2, that had granted the ability of the City Manager to administratively reduce the fees], and Commissioner Kauffinan seconded a motion to approve the amended proposal on first reading. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be November 18, 1999. Vote: Commissioner Iglesias Commissioner Kauffman y Commissioner Turetsky Vice Mayor Morrow Mayor Samson yes 7B. Add-on item:AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,AMENDING ORDINANCE 99-63 AMENDING ARTICLE XIX, Summary Minutes of the October 14, 1999, Regular City Commission Meeting - Page 5 of 14 • RU-4A, HOTEL APARTMENT HOUSE DISTRICT, SECTIONS 33-217 THROUGH SECTION 33-223, OF THE CODE OF MIAMI-DADE COUNTY, AMENDING USES PERMITTED TO ALLOW COOKING FACILITIES; AMENDING THE CRITERIA FOR SITE PLAN REVIEW; SPECIFICALLY RELATING TO WALLS, FENCES, SITE LIGHTING;AMENDING LOT COVERAGE AND SETBACK REQUIREMENTS AS THEY RELATE TO BOTH EAST SIDE AND WEST SIDE OF COLLINS AVENUE AND AS TO THE MINIMUM SEPERATION OF THE BUILDINGS;AMENDING VIEW CORRIDORS TO THE BAY OR OCEAN AND MAXIMUM BUILDING OBSTRUCTION OF VIEWS OF THE BAY OF THE OCEAN; AMENDING HEIGHT REQUIREMENTS; AMENDING FLOOR AREA RATIO AS DEFINED INCLUDING FLOOR AREA RATIO BONUSES, BEACH AND BAY ACCESS BONUS, BUILDING AMENITIES BONUS FOR HOTELS; COLLINS AVENUE BUILDING SETBACK BONUS; ADDITIONAL SITE SETBACK BONUS; PEDESTRIAN SAFETY IMPROVEMENT FUND; MEDIAN LANDSCAPING BONUS AND BEACHWALK BONUS; PROVIDING FOR EVIDENCE OF BONUS PERFORMANCE; AMENDING THE MAXIMUM NUMBER AND MINIMUM FLOOR AREA OF UNITS INCLUDING MIXED USES; AMENDING DENSITY BONUSES; AMENDING BEACHWALK DENSITY BONUS;BEACH RE-NOURISHMENT DENSITY BONUS-AND PROVIDING FOR EVIDENCE OF BONUS PERFORMANCE;AMENDING SUBDIVISION OF HOTELS AND MOTELS; AMENDING MAXIMUM NUMBER AND MINIMUM FLOOR AREA OF UNITS; AMENDING PARKING PROVISIONS; AMENDING OPEN SPACE REQUIREMENTS; AMENDING ACCESSORY USES TO INCLUDE CABANAS; PROVIDING FOR A REPEALER, PROVIDING FOR SEVERABILITY, INCLUSION INTO THE CODE, AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance and City Attorney Dannheisser introduced the item, explaining the proposed substantive changes. She said this was an add-on because they were waiting for a recommendation from the Citizens' Planning Advisory Committee. Jorge Vera reviewed changes that were made to correct errors. Public Speakers: Cliff Schulman,Esq.;Community Planning and Development Director Marla Dumas; Zoning and Code Administrator Jorge Vera; John Shepherd, Chairperson of the Citizens' Planning Advisory Committee Chairperson John Shepherd said the Committee recommended the proposed ordinance, but asked staff to make additional review of two remaining issues relating to kitchens and valet parking. Extensive discussion followed on those two topics. Mayor Samson directed the Administration and the City Attorney to continue reviewing the two issues and to bring a report back to the City Commission meeting in November. Commissioner Iglesias moved the proposed ordinance and Commissioner Kauffinan seconded a motion to approve the proposal on first reading. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be November 18, 1999. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Turetsky yes Vice Mayor Morrow yes Mayor Samson yes Summary Minutes of the October 14, 1999, Regular City Commission Meeting - Page 6 of 14 8. ORDINANCES FOR SECOND READING (PUBLIC HEARINGS) 8A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 33-103, "PERMANENT POINT OF SALES SIGNS IN THE RU-4 AND RU- 4A DISTRICTS"OF THE MIAMI-DADE COUNTY CODE AS ADOPTED BY SECTION 8.3 OF THE CITY CHARTER, TO AMEND THE REQUIREMENTS FOR"DETACHED" SIGNS AND TO INCLUDE A SEPARATE CATEGORY TO BE ENTITLED "TEMPORARY CONSTRUCTION SIGNS"; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance and announced the item was a public hearing. Zoning and Code Administrator Jorge Vera read his report. Public Speakers: Zoning and Code Administrator Jorge Vera; Kathleen Kennedy It was clarified that the signs should not exceed 120 days, but they could ask for a variance Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to adopt the ordinance as amended on second reading. Ordinance No.99-80 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Turetsky Mayor Morrow des Mayor Samson yes ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to adopt the ordinance on second reading. Ordinance No.99-80 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yn Commissioner Kauffman yes Commissioner Turetsky yes Vice-Mayor Morrow y_es Mayor Samson yes 9. RESOLUTIONS: 9A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH AUTHORIZING THE CITY MANAGER TO APPLY FOR, RECEIVE AND EXPEND 59,352.00 FROM THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT AVAILABLE THROUGH MIAMI-DADE DEPARTMENT OF HUMAN SERVICES AND TO EXECUTE AGREEMENTS WITH THE PURPOSE OF Summary Minutes of the October 14, 1999, Regular City Commission Meeting - Page 7 of 14 CREATING A BUSINESS SECURITY PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title,and Police Commander Murray introduced the item. Public Speakers: none Vice Mayor Morrow moved and Commissioner Turetsky seconded a motion to approve the proposal. Resolution No. 99-158 was adopted by a voice vote of 5-0 in favor. 9B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ACCEPTING A FIFTY-THOUSAND DOLLAR (S50,000.00) DONATION, TO BE UTILIZED TO CONSTRUCT A BOARDWALK IN THE LINEAR PARK PROFFERED ON NORTH BAY ROAD AND 172ND STREET IN ACCORDANCE WITH ZONING RESOLUTION NO. 99-34; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Attorney Lynn Dannheisser introduced the item. Public Speakers: Gerry Goodman; Jorge Vera; Marla Dumas; Following extensive discussion that disclosed that the area is mostly water,and would require a lot of fill, the consensus was that to construct a boardwalk would exceed the S50,000 being offered. The suggestion was that the City recommends that the developer restore the riprap and/or sea wall to prevent erosion, and use funds for beautification of North Bay Road. Commissioner Iglesias moved and Vice Mayor Morrow seconded a motion to deny the proposal. The motion to deny was approved by a voice vote of 5-0 in favor. 9C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, DECLARING CONNIE MORROW AS VICE MAYOR FOR A PERIOD OF ONE YEAR; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and introduced the proposal that is an annual requirement in the City's Charter. Public Speakers: none Commissioner Turetsky moved and Commissioner Iglesias seconded a motion to declare Connie Morrow as Vice Mayor and to approve the proposal. Resolution No.99-159 was adopted by a voice vote of 5-0 in favor. 9D) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,APPROVING LEASE AGREEMENT WITH FDOT FOR PUBLIC PARKING ON PARKING LOTS 1, 2, 3 UNDER THE WILLIAM LEHMAN CAUSEWAY, ATTACHED AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH LEASE AND TO TAKE WHATEVER ACTION IS NECESSARY TO Summary Minutes of the October 14, 1999, Regular City Commission Meeting - Page 8 of 14 FURTHER THE AIMS OF THE AGREEMENT;PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and the City Attorney introduced the proposal. Public Speakers: Ellen Wynne Following discussion about the parking problems in the area of Ocean One, Mayor Samson suggested putting up a fence with a lock thereby reducing the number of parking spaces under the bridge: which could allow for reducing the quantity of handicap parking spaces and for the installation of parking meters. Public Works Superintendent Pushkin cautioned about the quantity of handicap parking spaces that must be provided. Commissioner Turetsky moved and Commissioner Iglesias seconded a motion to approve the proposal. Resolution No. 99-160 was adopted by a voice vote of 5-0 in favor. 9E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ACCEPTING THE FINAL REPLAT OF LOTS 4, 5, 6, PAGE 95, LYING IN SECTION 11,TOWNSHIP 52 SOUTH,RANGE 42 EAST, LOCATED AT NORTH BAY ROAD BETWEEN 180TH DRIVE AND 182ND DRIVE; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and the City Attorney read the report. Public Speakers: none Commissioner Kauffman moved and Commissioner Turetsky seconded a motion to approve the proposal. Resolution No. 99-161 was adopted by a voice vote of 5-0 in favor. 9F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING MAYOR SAMSON AS THE CITY'S DELEGATE TO THE MIAMI-DADE LEAGUE OF CITIES FROM THE CITY OF SUNNY t ISLES BEACH AND COMMISSIONER KAUFFMAN AS THE ALTERNATE TO ATTEND MEETINGS DURING THE 1999-2000 BUDGET YEAR; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and the City Manager Neustadt introduced the proposal. Public Speakers: none Commissioner Turetsky moved and Commissioner Iglesias seconded a motion to appoint Mayor Samson as the delegate and Commissioner Kauffman to be the alternate. Resolution No. 99-162 was adopted by a voice vote of 5-0 in favor. Summary Minutes of the October 14, 1999, Regular City Commission Meeting - Page 9 of 14 9G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES TO NEGOTIATE AN AGREEMENT FOR SERVICES WITH JAMES A. CUMMINGS, INC., OF FT. LAUDERDALE, FLORIDA AS THE CONSTRUCTION MANAGER-AT-RISK; PROVIDING FOR AN EFFECTIVE DATE. [for the new government center] ACTION: City Clerk Brown-Morilla read the title, and the City Manager Neustadt read the report. Mayor Samson asked what the cost would be, and the City Manager read from page 8 in the agenda documents: total fees of S 1,204,918,subject to change depending on the building budget. Mayor Samson asked about the construction schedule and the possibility of adding additional floors for future expansion. Public Speakers: Rick Darrow, Exec. Vice President of Cummings Commissioner Iglesias moved and Commissioner Turetsky seconded a motion to approve the proposal. Resolution No. 99-163 was adopted by a voice vote of 5-0 in favor. 9H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, INSTRUCTING THE MANAGER TO INCREASE THE TOTAL BUDGET FOR THE CONSTRUCTION OF THE GOVERNMENT CENTER INCLUDING GEOTECHNICAL SERVICES BY$3,647,468.00; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and the City Manager Neustadt asked that the proposal be deferred until after the scheduled public workshop on October 28, 1999. Public Speakers: none Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to defer, which was approved by a voice vote of 5-0 in favor. 9I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CHIEF OF POLICE, IN ACCORDANCE WITH SECTION 932.7055, F.S. (1978) TO EXPEND $18,268.35 FOR THE PURPOSES AS SET FORTH HEREIN; PROVIDING FOR AN EFFECTIVE DATE. [City Clerk's note: expenditure of forfeiture money, pursuant to the Florida Contraband Forfeiture Act] ACTION: City Clerk Brown-Morilla read the title, and the City Manager Neustadt explained it. Commissioner Kauffman asked if the money could be used for a civilian public safety group. Public Speakers: none Summary Minutes of the October 14, 1999, Regular City Commission Meeting - Page 10 of 14 Commissioner Iglesias moved and Commissioner Kauffman seconded a motion to approve the proposal. Resolution No. 99-164 was adopted by a voice vote of 5-0 in favor. 9J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO REVISE, THE ICMA RETIREMENT CORPORATION'S MANAGEMENT EMPLOYEES' 401 MONEY PURCHASE RETIREMENT PLAN AND TRUST ADOPTION AGREEMENT AS ESTABLISHED IN ACCORDANCE WITH RESOLUTION NO.97-22,TO PROVIDE FOR EMPLOYEE MATCHING CONTRIBUTIONS AND SUCH OTHER CHANGES AS DEEMED APPROPRIATE; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and the City Manager Neustadt read his report. Public Speakers: none Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve the proposal. Resolution No. 99-165 was adopted by a voice vote of 5-0 in favor. 9K) A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, GRANTING JACK NEUSTADT,AS INTERIM CITY MANAGER,A CAR ALLOWANCE IN THE AMOUNT OF S500 PER MONTH AND HEALTH INSURANCE ALLOWANCE IN THE AMOUNT OF $418.98 PER MONTH AND FURTHER GRANTING JACK NEUSTADT THE ABILITY TO RETURN TO HIS FORMER POSITION AS DIRECTOR OF FINANCE AT SUCH TIME AS A PERMANENT CITY MANAGER IS APPOINTED; PROVIDING FOR AN EFFECTIVE DATE. [City Clerk's Note: a Revised Resolution was distributed at the meeting] ACTION: City Clerk Brown-Morilla read the title, and Mayor Samson passed the gavel. Public Speakers: none City Manager Neustadt said he would address the inconsistencies in benefits being given to department heads so that they will all receive equal benefits. He noted that the City Attorney's contract provided for her to receive the same health and car allowance as the former City Manager;however he said the former Manager did not give the Attorney equity. City Manager Neustadt said that from this point forward he would give the equal benefit to the City Attorney. Mayor Samson said he agreed, and then asked the City Manager to include on the next City Commission agenda(November 18, 1999)the issue of providing retroactive equity to this date(October 14,1999)for any Department heads who have not been treated equally with regard to car allowance or health insurance. City Attorney Dannheisser proposed amending Section 1 of the proposed Resolution to delete the words "and thereafter, upon his return to Director of Finance,". Mayor Samson moved and Commissioner Iglesias seconded a motion to approve the amended proposal providing a car allowance in the amount of$500 per month and health insurance allowance in the amount of $418.98 per month. Resolution No. 99-166 was Summary Minutes of the October 14, 1999, Regular City Commission Meeting - Page 11 of 14 adopted by a voice vote of 5-0 in favor. 9L. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA ESTABLISHING A SCHEDULE FOR CITY COMMISSION MEETINGS FOR CALENDAR YEAR 2000, AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and reported on the schedule. Public Speakers: none Commissioner Kauffman moved and Commissioner Turetsky seconded a motion to approve the proposal. Resolution No. 99-167 was adopted by a voice vote of 5-0 in favor. 9M. Add-on item: A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING RESOLUTION 99-156 TO PROVIDE: A RESOLUTION ESTABLISHING AND IMPOSING THE CITY OF SUNNY ISLES BEACH AD VALOREM TAX MILLAGE LEVY RATE AT 2.303 MILLS PER ONE THOUSAND($1000)DOLLARS OF TAXABLE ASSESSED VALUE WHICH IS THREE AND SIX TENTHS PERCENT (3.6%) GREATER THAN THE `ROLLED BACK' RATE OF 2.223 MILLS FOR FISCAL YEAR 1999/2000; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Manager Neustadt read his report noting that the original resolution had not included a statement detailing what percentage the tax increase was over the rollback rate. The Trim Bill for "truth in millage" requires the statement. Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve the proposal. Resolution No. 99-168 was adopted by a voice vote of 5-0 in favor. 10. MOTIONS: None 11. DISCUSSION ITEMS: I IA. CITY HALL CONCEPTUAL IMAGES ACTION: Larry Kline, Senior Vice President of Spillis Candela & Partners, Ins. displayed artist's renderings of the proposed eight story new government center, and he answered questions. City Manager Neustadt asked to schedule a Workshop. Commissioner Kauffman moved and Vice Mayor Morrow seconded a motion to schedule a public Workshop on the new government center,which was approved by a voice vote of 5-0 in favor. City Clerk Brown-Morilla announced that the Workshop would be held on Summary Minutes of the October 14, 1999, Regular City Commission Meeting - Page 12 of 14 Thursday, October 28, at 9:00 a.m. 11B. UNUSUAL USE ZONING ITEMS ACTION: Zoning& Code Administrator Jorge Vera introduced the item indicating that staff was seeking guidance from the Commission on how to deal with certain occupations currently categorized as"unusual uses"therefore requiring an expensive public hearing process in order to be permitted. Akiva Ofshtein, Esq. spoke for clients who were requesting the City Commission to instruct staff that the business of a "psychic" should be permitted without a public hearing process. The clients had applied for a license, but to grant one, also requires them to apply for a public hearing. Mr. Vera noted that it would cost S3,500 for a public hearing. The City Commission took no action. 11C. REPORT BY VICE MAYOR MORROW ON THE FASHION,FILM AND PRODUCTION COUNCIL ACTION: Vice Mayor Morrow, Chairperson of the Fashion, Film And Production Council, reported on her attendance at both the League of Cities State Conference and the Florida Motion Picture&Television Association(FMPTA)Conference in Orlando,where she said she had a productive discussion with Lt. Governor Brogan regarding film production. She announced that the FMPTA Board gave unanimous support to her proposal of encouraging other cities to adopt resolutions like ours, creating their own committees to promote the film and production industries in Florida as a boost to the economy. In furtherance of the initiative, she spoke to the FMPTA of Southwest Florida meeting. Vice Mayor Morrow distributed statistical information regarding the quantity of film permits that had been issued in Sunny Isles Beach, and the economic benefit from the productions to the entire County. 11D. Add-On Item: INTRODUCTIONS ACTION: Mayor Samson introduced Lee Watts and Patti Fazzino from the Office of Senator Gwen Margolis, Miami-Dade County Commission Chairperson. 11E. Add-On Item: APPRECIATION ACTION: Mayor Samson expressed appreciation to Police Commander Nannette Murray for her efforts in the City obtaining the Reverse 911 Phone System. 1 IF. Add-On Item: REDUCTION IN DEATHS ACTION:During agenda item 5E,Mayor Samson commented that there had been a reduction in deaths from traffic accidents. He attributed this to the Police efforts. He asked that Police Officers begin a two-week warning period prior to enforcing no jaywalking,to protect life and the new plantings in the medians. Summary Minutes of the October 14, 1999, Regular City Commission Meeting - Page 13 of 14 11G.Add-On Item: FLOODING ON NORTH BAY ROAD ACTION: During agenda item 9E, Commissioner Kauffman asked when the problem of flooding on North Bay Road would be addressed. City Manager Neustadt said DERM had provided the engineering to study the problem, and the City was ready to hire a consulting engineer as soon as possible to address the problem. 12. REQUESTS, PETITIONS & OTHER COMMUNICATIONS: ACTION: Geoffrey Ehrich spoke regarding his interest in the Recreation Director position. Commissioner Kauffman asked why the City was proceeding to hire a Recreation Director at this time, since none of the parks would be completed for many, many months. 13. ADJOURNMENT: Commissioner Kauffman moved and Commissioner Morrow seconded a motion to adjourn the meeting. The motion was approved by a unanimous voice vote of 5-0 at 11:08 p.m. •Respectfilly,submitted by: Approved by the City Commission on January 20, 2000. • Jr A• '`-?.:Richard Browr=Morilla, City Clerk David Samson, M or \1 H ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO LOBBYING. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. Summary Minutes of the October 14, 1999, Regular City Commission Meeting - Page 14 of 14