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HomeMy WebLinkAbout1999-0715 Regular City Commision Meeting (2) • SUMMARY MINUTES City of Sunny Isles Beach City Commission Meeting — Thursday, July 15, 1999 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:02 p.m. with the following officials being 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/INVOCATION ACTION: Vice Mayor Irving Turetsky led the Pledge of Allegiance to the flag. 3. APPROVAL OF MINUTES: 3A. SPECIAL COMMISSION MEETING - MAY 27, 1999 3B. REGULAR COMMISSION MEETING - JUNE 17, 1999 3C. SPECIAL COMMISSION MEETING - JULY 1, 1999 ACTION: Commissioner Kauffman moved and Vice Mayor Turetsky seconded a motion to approve the minutes of the May 27, 1999, Special City Commission Meeting, the June 17, 1999, Regular City Commission Meeting, and the July 1, 1999, Special City Commission Meeting. The motion was approved by a unanimous voice vote of 5-0 in favor. 4. AGENDA/ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS) ACTION: [City Clerk's Note: Documents relating to changes in the agenda were distributed at the meeting relating to 6-B (correspondence), 9-C (correspondence); and new add-on items 10-D, 10-E, 11-A, 11-B, 11-C; 12-A request for deferral.] 5. SPECIAL PRESENTATIONS: 5A. CITIZEN OF THE MONTH - LUIS RAMIREZ ACTION: Police Captain Fred Maas presented a commendation to Luis Ramirez as Citizen of the Month/Life Saving Award for July, 1999. Summary Minutes of the July 15, 1999, Regular City Commission Meeting - Page 1 of 13 6. ZONING: 6A. REQUEST OF D.P. COLONIAL L.L.C. OWNER OF PROPERTY LOCATED AT 18101- 18145 COLLINS AVENUE FOR THE FOLLOWING (Public Hearing #Z99-05): Non-Use Variance of sign regulations to permit a 105 sq. ft. detached (temporary) real estate sign (24 sq. ft. permitted). Ex-parte disclosures: 0 Protests: 0 Waivers: 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: Peter Weiner [City Clerk's Note: Peter Weiner submitted a document at the meeting showing the proposed sign]; Zoning & Code Administrator Jorge Vera; Commissioner Kauffman noted that while the application was for permission to have the sign for 18 months, the new legislation being proposed would only allow for 10 months plus two months for pre-sale before issuance of permit. [City Clerk's Note: see agenda item 7-A]. Commissioner Morrow asked when the beach access would be available. Mr. Weiner said it would be impracticable to build the access until the construction is completed. Zoning & Code Administrator Jorge Vera recommends approval of the non-use variance to permit a temporary real estate sign with conditions. Mr. Weiner offered to agree to amend the request to a period of twelve (12) months with staff having the right to extend for another six months. He also offered an unsigned beach access for patrons to walk-through the Colonial Property. Commissioner Kauffman moved and Vice Mayor Turetsky seconded a motion to approve the request with the staff conditions. Mr. Weiner sought clarification that the approval was for the revised condition number 7, in favor of the easement through the parking lot of the Colonial. Ms. Dannheisser noted that condition 6 was also amended to read"12 months" limit with administrative approval for a six months extension. The motion was approved as Resolution No. 99-Z-33, by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman ves Commissioner Morrow ves Vice-Mayor Turetsky ves Mayor Samson ves 6B. REQUEST OF 17070 COLLINS AVENUE SHOPPING CENTER,LTD. OWNER OF THE PROPERTY LOCATED AT 17070 - 17100 COLLINS AVENUE FOR THE FOLLOWING (Public Hearing #Z99-07): 1. District Boundary Change from BU-1 A and BU-1 to BU-3. Request 1 on Exhibit A Summary Minutes of the July 15, 1999, Regular City Commission Meeting - Page 2 of 13 and B. 2. Unusual Use to permit a temporary commercial parking lot to serve a shopping center for over flow parking. Request 2 on Exhibit C. Protests 0 Waivers 0 Ex-Parte 1 ACTION: [City Clerk's Note: A letter/ex-pane communication from Arnold Shevlin to the Mayor and City Commissioners was filed and disclosed as a public record] 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 Larkin, Esq.; Arnold Shevlin; Raanan Katz; Zoning and Code Administrator Jorge Vera; Jack Silverman; Eliyohn Sufrin; Mary Ann Eicke; Shirley Silverman; Ed Anthony; Jeffrey Ehrich; Merry Wynne. Zoning and Code Administrator Vera read from his report recommending denial without prejudice of the requested district boundary change, but recommending approval of the unusual use for the temporary parking. Each specific item of permitted uses were reviewed in detail, with the Commission deciding which would be included: 1, 4, 10, 18, 20, (with public hearing), 21, 23, 24, 27, 28, and other similar uses as approved by the Director; or excluded: 2, 3, 5, 6, 7, 8, 9,11, 12, 13, 14, 15, 16, 17, 19, 22, 25, 26, and no adult pornographic entertainment. Commissioner Kauffman asked why the request was being made in light of all the restrictions. Mayor Samson asked to remove massage parlors. Commissioner Iglesias asked to delete pawn brokers (item 20). Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve the requested item 1 with the conditions as modified during the hearing, and with the applicant to provide a written covenant restricting the uses made on the record. The motion 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 ves Mayor Samson yes As to requested item 2, (request for temporary parking), Mayor Samson suggested that the approval be conditional and would cease once the new building construction begins, and approval be conditioned on the elimination of the temporary parking once City Hall moves out. Commissioner Morrow moved and Vice-Mayor Turetsky seconded a motion to approve the requested item 2 with the conditions as modified during the hearing. The motion was approved, by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman yes Commissioner Morrow ves Vice-Mayor Turetsky ves Mayor Samson ves The two motions were approved as Resolution No. 99-Z-34. Summary Minutes of the July 15, 1999, Regular City Commission Meeting - Page 3 of 13 7. ORDINANCES FOR FIRST READING: 7A. 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 City Zoning and Code Administrator Jorge Vera introduced the item. Public Speakers: none Vice Mayor Turetsky 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 September 9, 1999. [City Clerk's note: subsequently, the meeting was administratively rescheduled to September 30, 1999] Vote: Commissioner Iglesias ves Commissioner Kauffman ves Commissioner Morrow ves Vice Mayor Turetsky ves Mayor Samson ves 8. ORDINANCES FOR SECOND READING (PUBLIC HEARINGS) 8A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING A NEW CODE SECTION ENTITLED FLOOD DAMAGE PREVENTION; PROVIDING STATUTORY AUTHORIZATION, FINDINGS OF FACT. PURPOSE AND OBJECTIVES; PROVIDING FOR DEFINITIONS; PROVIDING FOR GENERAL PROVISIONS; PROVIDING FOR ADMINISTRATION; PROVIDING FOR FLOOD HAZARDS REDUCTION; PROVIDING FOR VARIANCE PROCEDURES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance and City Attorney Dannheisser introduced the proposal. Commissioner Iglesias noted this was a prerequisite for obtaining FEMA funds. Public Speakers: none Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to adopt the ordinance on second reading. Ordinance No. 99-75 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman y Summary Minutes of the July 15, 1999, Regular City Commission Meeting - Page 4 of 13 Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 8B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 33-36 OF THE CODE OF MIAMI- DADE COUNTY AS ADOPTED BY THE CITY OF SUNNY ISLES BEACH AS ITS ZONING CODE IN ACCORDANCE WITH ARTICLE 8.3 OF THE CHARTER OF THE CITY OF SUNNY ISLES BEACH, TO ADD A SECTION 33-36.2 TO BE ENTITLED "SUBSTANTIAL COMPLIANCE FOR HEARING APPROVED DRAWINGS AND SITE PLANS AND ADMINISTRATIVELY APPROVED SITE PLANS"; TO PROVIDE FOR THE AUTHORITY OF THE BUILDING, PLANNING AND ZONING DIRECTOR TO MAKE SUCH A DETERMINATION BASED ON DEVELOPMENT INTENSITY AND DEVELOPMENT SIMILARITY; 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 City Attorney Dannheisser read her report. Public Speakers: none Commissioner Morrow moved and Commissioner Kauffman seconded a motion to adopt the ordinance on second reading. Ordinance No. 99-76 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 Mayor Samson yes 8C. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, CREATING A CITYWIDE STORMWATER UTILITY AND ADOPTING STORMWATER UTILITY FEES TO PLAN, CONSTRUCT, OPERATE AND MAINTAIN A STORMWATER MANAGEMENT SYSTEM CONSISTENT WITH THE COMPREHENSIVE PLAN OF MIAMI-DADE COUNTY AS ADOPTED BY THE CITY OF SUNNY ISLES BEACH PURSUANT TO ARTICLE 8.3 OF THE CHARTER OF THE CITY OF SUNNY ISLES BEACH AND UNTIL SUCH TIME AS THE CITY OF SUNNY ISLES BEACH ADOPTS ITS OWN COMPREHENSIVE PLAN; PROVIDING FOR DEFINITIONS; PROVIDING FOR A FEE STRUCTURE FOR STORMWATER UTILITY SERVICES AND METHODS OF BILLING, COLLECTION AND ENFORCEMENT; PROVIDING FOR REPEAL, SEVERABILITY AND AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance and City Summary Minutes of the July 15, 1999, Regular City Commission Meeting - Page 5 of 13 Attorney Dannheisser read her report. Vice Mayor Turetsky asked if the County had approved the City's request to opt-out, and the City Attorney said she thought it had been on the County Commission's agenda. He also asked who would be billing for the fees, and City Manager DiPietro said he that had not yet been determined. The bills will go to every property owner. Public Speakers: none Commissioner Morrow moved and Commissioner Iglesias seconded a motion to adopt the ordinance on second reading. Ordinance No. 99-77 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman ves Commissioner Morrow ves Vice-Mayor Turetsky ves Mayor Samson yes 8D. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF A UTILITIES TAX REVENUE BOND, SERIES 1999B, OF THE CITY OF SUNNY ISLES BEACH, FLORIDA IN A PRINCIPAL AMOUNT NOT TO EXCEED S1,400,000 FOR THE PURPOSES OF FINANCING ALL OR A PORTION OF THE COSTS OF ACQUISITION OF CERTAIN REAL PROPERTY IDENTIFIED 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 IN THE CITY FOR USE AS A PARK AND RECREATION AREA AND OF PAYING CERTAIN COSTS RELATED THERETO; DETERMINING THE NEED FOR A NEGOTIATED SALE OF SUCH BOND TO SUNTRUST BANK, MIAMI, N.A.; PROVIDING FOR THE TERMS AND PAYMENT OF SUCH BOND AND FOR THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SUCH BOND; DESIGNATING SUCH BOND AS A "QUALIFIED TAX-EXEMPT OBLIGATION" WITHIN THE MEANING OF SECTION 265(b)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SUCH BOND; AND PROVIDING FOR AN EFFECTIVE DATE. [City Clerk's Note: 2.8 acre passive park] ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance and Finance Director Jack Neustadt read his report. Public Speakers: none Commissioner Kauffman moved and Commissioner Morrow seconded a motion to adopt the ordinance on second reading. Ordinance No. 99-78 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Summary Minutes of the July 15, 1999, Regular City Commission Meeting - Page 6 of 13 Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky Mayor Samson 9. RESOLUTIONS: 9A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, CONSENTING TO THE TRANSFER OF CONTROL OF THE CATV FRANCHISE FROM INTERLINK PARTNERS, LLLP TO CHARTER COMMUNICATIONS,INC., INCLUDING, AMONG OTHER THINGS, A CONSENT TO CHARTER'S PLEDGE AND GRANT A SECURITY INTEREST TO CHARTER'S LENDERS; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Attorney Dannheisser introduced the item. Public Speakers: none Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve the proposal. Resolution No. 99-146 was adopted by a voice vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 9B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR COMPLETION OF THE DESIGN OF A DRAINAGE IMPROVEMENT PROJECT LOCATED BETWEEN 183RD STREET AND 1741-11 STREET AND NORTH BAY ROAD; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Attorney Dannheisser introduced the item, noting that it was being required by the County since the City was opting-out of the County's Storm Water Utility. She noted that the fees to pay for the design plans had already been collected, might result in conflict. Commissioner Iglesias asked if the plans would be completed by December, 1999, since the report said completion in December, 2000. Ms. Dannheisser said "2000" was an error, completion would be December, 1999. Commissioner Iglesias asked the City Manager to look at design plans, construction fees and timetable for other areas of the City, (especially for the south side of Summary Minutes of the July 15, 1999, Regular City Commission Meeting - Page 7 of 13 North Bay Road). Commissioner Kauffman asked if we had prioritized the next projects and City Manager DiPietro answered affirmatively saying that the central area would be next, then North Bay Road (he would put some money in the budget for next year). In response to Vice Mayor Turetsky's question the City Manager said the City would begin getting money in October/November. Public Speakers: Kathleen Kennedy Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve the proposal. Resolution No. 99-147 was adopted by a voice vote of 4-0-1 in favor. Vote: Commissioner Iglesias y Commissioner Kauffman yes Commissioner Morrow absent Vice-Mayor Turetsky ves Mayor Samson ves 9C. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING IN CONCEPT ITEMS SET FORTH IN THE LETTER FROM SPILLIS, CANDELA & PARTNERS,INC., AS THE ARCHITECTURAL FIRM RETAINED FOR THE DESIGN OF THE NEW GOVERNMENT CENTER FACILITY ATTACHED AS EXHIBIT"A" AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN SUBSTANTIALLY THE SAME FORMAT AS THE CONTRACT ATTACHED HERETO AS EXHIBIT "B" WHICH, WHEN COMPLETED, WILL REFLECT SUBSTANTIALLY THE SAME BUSINESS TERMS SET FORTH IN EXHIBIT "A"; PROVIDNG FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Manager Jim DiPietro introduced Richard Arcuri from the State Department of Management Services, and Paul Reinerman. Public Speakers: none Mayor Samson passed the gavel, and moved and Commissioner Iglesias seconded a motion to approve the proposal. Resolution No. 99-148 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman ves Commissioner Morrow yes Vice-Mayor Turetsky ves Mayor Samson 9D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,AWARDING BEACH FRONT PARK BID AWARD TO COAST Summary Minutes of the July 15, 1999, Regular City Commission Meeting - Page 8 of 13 TO COAST CONSTRUCTION AND RESTORATION, INC., IN THE AMOUNT OF $609,885.00 SUBJECT, HOWEVER. TO THE PROCUREMENT OF A PERMIT FROM THE DEPARTMENT OF ENVIRONMENTAL PROTECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. ACTION: [City Clerk Note: item 10-A was heard in conjunction with item 9-D] City Clerk Brown-Morilla read the title, and Bill Rosenberg recommended the low bid. Public Speakers: none Commissioner Iglesias moved and Commissioner Kauffman seconded a motion to approve the proposal. Resolution No. 99-149 was adopted by a voice vote of 4-0-1 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman ves Commissioner Morrow absent Vice-Mayor Turetsky ves Mayor Samson ves 9E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA. AMENDING RESOLUTIONS NO. 98-80 AND NO. 98-107, WHICH ESTABLISHED THE CITIZENS' PLANNING ADVISORY COMMITTEE, TO PROVIDE FOR THE CONTINUATION OF EXISTENCE FOR ONE YEAR FROM THE ORIGINAL CREATION AND EACH YEAR THEREAFTER AT THE DISCRETION OF THE MAYOR; TO PROVIDE FOR THE APPOINTMENT OF FIFTEEN MEMBERS TO THE COMMITTEE AND THE APPOINTMENT OF THE CHAIR AND VICE CHAIR; PROVIDING FOR ITS SPECIFIC ADVISORY CAPACITY; RENDERING THE COMMITTEE SUBJECT TO THE SUNSHINE LAWS; PROVIDING FOR APPOINTMENTS AND REAPPOINTMENTS TO BE MADE IN WRITING EFFECTIVE UPON THE ONE YEAR EXPIRATION OF THE COMMITTEE FORMATION DATE AND UPON SUBMISSION TO THE CITY CLERK OF 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, and City Attorney Dannheisser introduced the item, noting that Commissioner Iglesias had requested the changes. Each member of the Commission is to appoint three members, with the Mayor designating the Chairperson and Vice Chairperson. Public Speakers: Gerry Goodman Commissioner Morrow moved and Commissioner Kauffman seconded a motion to approve the proposal. Resolution No. 99-150 was adopted by a voice vote of 5-0 in favor. Vote: Commissioner Iglesias ves Summary Minutes of the July 15, 1999, Regular City Commission Meeting - Page 9 of 13 Commissioner Kauffman ves Commissioner Morrow yes Vice-Mayor Turetsky ves Mayor Samson ves 9F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE TWO SHUTTLE BUSES FROM METROTRANS CORPORATION, FOR A TOTAL COST OF $131,302.00;PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Manager Jim DiPietro introduced the item with a cost of $65,651 each. He also noted that the buses would operate on both gasoline and compressed natural gas. He asked for authority to purchase a third bus, provided the funding is available for the purchase for a total price of$196,953. Public Speakers: none Mayor Samson passed the gavel to Vice Mayor Turetsky. Mayor Samson moved and Commissioner Morrow seconded a motion to authorize the City Manager to purchase three (3) buses, provided the funding is available for the purchase of the third bus. Resolution No. 99-151 was adopted by a unanimous voice vote of 5-0 in favor. In response to Commissioner Kauffman's question regarding additional buses, Mayor Samson expressed the desire to have City buses operating seven (7) days a week. 10. MOTIONS: 10A. CONCEPTUAL APPROVAL OF CITY ENTRANCE SIGN. ACTION: [City Clerk Note: item 9-D was heard in conjunction with item 10-A] City Clerk Brown-Morilla read the title, and Bill Rosenberg introduced the item noting that based on previous comments from the City Commission the proposed signage had been changed. Commissioner Kauffman questioned the size and the composition of the sign. Commissioner Morrow requested that the logo be larger, and she agreed with Commissioner Kauffntan regarding the composition of the material. Commissioner Iglesias noted that the Florida Department of Transportation(FDOT) would have final approval on what would be permitted to be installed at the entrance ways, based on safety factors due to the proximity to the roadways. Commissioner Morrow requested that the font style of the lettering be changed and Mr. Rosenberg agreed to work with her on such modifications. Commissioner Iglesias asked about having lighting for the Medjool Date Palms at the entrance ways. City staff is to attempt to obtain a power source from FPL. Mr. Rosenberg said that lighting for the signs was planned to be from solar energy. Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to Summary Minutes of the July 15, 1999, Regular City Commission Meeting - Page 10 of 13 approve the item. The motion was approved by a unanimous voice vote of 5-0 in favor. Mr. Rosenberg also showed a diagram of the type of playground equipment that would be installed in the oceanfront park(measuring approximately 40' in length by 6' in height, and intended for children up to age 6). • 10B. FORMATION OF CITIZEN ADVISORY COMMITTEE FOR SUNNY ISLES BEACH POLICE DEPARTMENT [dissolution] ACTION: City Clerk Brown-Morilla read the title. City Manager DiPietro read the report recommending that the City Committee be dissolved and that it be a private group. Mayor Samson said he did not want taxpayer money to be used in any way such as honoring a citizen [see agenda item 5-A above]. Commissioner Kauffman asked how the private group would get their money. Mayor Samson said we would make a motion to dissolve the Committee and then make a motion to accept. City Attorney said the City would not be forming the private group. City Clerk Brown-Morilla asked if the private group would be allowed to meet in City Hall. Mayor Samson suggested that it would still have something to do with the citizenry. Public Speakers: Gerry Goodman Vice Mayor Irving Turetsky moved and Commissioner Kauffman seconded a motion to dissolve the Citizen's Advisory Committee for the Police Department. The motion was approved by a unanimous voice vote of 5-0 in favor. IOC. PURCHASE OF TWO POLICE MOTORCYCLES. ACTION: City Clerk Brown-Morilla read the title and City Manager DiPietro explained that the low cost was $28,600, from Ft. Lauderdale Harley Davidson. The additional vehicles would bring the new total to four (4), with the first two vehicles being leased. Vice Mayor Irving Turetsky moved and Commissioner Morrow seconded a motion to approve. The motion was approved by a unanimous voice vote of 5-0 in favor. 10D. Add-On/ New Item: REQUEST OF WINSTON TOWERS COMPLEX FOR CONCEPTUAL AGREEMENT APPROVAL CONCERNING PAVING OF 174Th STREET, WEST OF NORTH BAY ROAD AND DEDICATION OF THE PRIVATE STREET TO THE CITY. ACTION: City Clerk Brown-Morilla read the title and City Manager DiPietro explained that Winston Towers Complex had agreed to fix the private portion of 174th Street, and dedicate the street to the City. Commissioner Kauffman asked why this was being Summary Minutes of the July 15, 1999, Regular City Commission Meeting - Page 11 of 13 requested after all these years. Mayor Samson explained that the Police were not able to issue parking tickets, or tow cars on the private street. Commissioner Kauffman asked about removing the gate from behind Walgreen's onto 174th Street. Mayor Samson said the owner of the private property was unwilling to do so due to increased liability. Commissioner Morrow moved and Commissioner Kauffman seconded a motion to approve the item, which was approved by a unanimous voice vote of 4-0-1 in favor, with Vice Mayor Turetsky saying he was abstaining since he is the President of the Winston Towers Complex. 10E. Add-On/ New Item: PURCHASE OF ONE KAWASAKI MULE, 250 UTILITY VEHICLE ACTION: City Clerk Brown-Morilla read the title and Public Works Superintendent Bob Pushkin explained that the vehicle was necessary to collect the trash from the beach. 11. DISCUSSION ITEMS: 11A. Add-on item: NEW RESIDENT WELCOME PROGRAM (requested by Commissioner Kauffman) ACTION: City Clerk Brown-Morilla read the title and Commissioner Kauffman explained that she felt the City should welcome new residents with information. Commissioner Morrow moved and Commissioner Kauffman seconded a motion to approve the item,which was approved by a unanimous voice vote of 5-0 in favor. 11B. Add-on item: REPORT CONCERNING OCEAN ONE EASEMENT (192 Street and Collins Avenue) (requested by Commissioner Morrow) ACTION: City Clerk Brown-Morilla read the title and Commissioner Morrow explained that, at the request of Ellen Wynne, she had discussions with Tom Daly regarding the Ocean One easement. At the request of Commissioner Morrow, City Clerk Brown-Morilla began to read a letter dated July 14, 1999 from Joe Goldstein, Esq. of Greenberg Traurig. Ms. Wynne began speaking. Public Speakers: Ellen Wynne Mayor Samson finished reading the letter. He asked Police Captain Maas whether the City Police could issue citations for illegal parking or deliveries that are occurring across the easement. Captain Maas said that Police could only issue citations on public streets. Ellen W}mne questioned whether the developer had obtained a permit from the State to allow their activities. Mayor Samson suggested that City staff have more conversations with Mr. Daly. Ms. Dannheisser said that prior to the City's incorporation,the County had approved Summary Minutes of the July 15, 1999, Regular City Commission Meeting - Page 12 of 13 a service entrance off of the public easement. Ms. Wynne expressed the desire to have the 75' easement restored, as donated by the Chatter's family. 11C. Add-on item: RESCHEDULING OCTOBER MEETING ACTION: City Clerk Brown-Morilla read the title, and City Attorney Dannheisser said the proposal was to change from October 21, the third Thursday, and changing to the second Thursday, October 14, 1999. Commissioner Kauffman moved and Commissioner Morrow seconded a motion to approve the item, which was approved by a unanimous voice vote of 5-0 in favor. 11D. Add-on item: Mayor Samson introduced his son and daughter-in-law Stuart and Shirley, visiting from Chicago. 11E. Add-on item: Gerry Goodman raised a concern regarding the short notice/timing of when the City Commission agenda is published. He also said he had come to City Hall attempting to see Mr. Vera on three occasions regarding the detail of agenda items but Mr. Vera was unavailable. City Attorney Dannheisser explained there is no legal requirement to publish the City Commission's agenda, which was done as a courtesy. City Manager DiPietro explained that multiple copies of the agenda are distributed one week before a meeting. City Clerk Brown-Morilla explained that Mr. Goodman had come to City Hall asking to see the documents after he had seen the advertised Zoning Notice, but before the agenda had been completed, and so no one else on staff had the documents (only Mr. Vera had them). 12. REQUESTS, PETITIONS & OTHER COMMUNICATIONS: 12A. CITIZEN REQUEST FOR FUNDING OF MARINE ANIMAL RESCUE SOCIETY. ACTION: [City Clerk's Note: Correspondence was submitted at the beginning of the meeting requesting a deferral of the item, see agenda item 4 above.] 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 10:05 p.m. Respectfully submitted by:in, Approved b 4 City Co ion on Nov. 18, 1999. 'Vl AL, r 4, ,� - Richard Bro.—yen-Mr a,C brillity6lerk3 David Samson, Mayor ; .. 'A < Summary Minutes of the July 15, 1999;•Regular City Commission Meeting - Page 13 of 13 > ¢ IC t `' •