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HomeMy WebLinkAbout1999-0513 Regular City Commision Meeting SUMMARY MINUTES City of Sunny Isles Beach City Commission Meeting — Thursday, May 13, 1999 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:03 p.m. with the following officials present: Mayor David Samson Vice Mayor Irving Turetsky Commissioner Danny Iglesias Commissioner Connie Morrow City Manager James DiPietro City Attorney Lynn M. Dannheisser City Clerk Richard Brown-Morilla Commissioner Lila Kauffinan was absent from the meeting due to illness. 2. PLEDGE OF ALLEGIANCE ACTION: Mayor Samson led the Pledge of Allegiance to the flag. 3. APPROVAL OF MINUTES: 3A. REGULAR COMMISSION MEETING - APRIL 15, 1999 ACTION: Vice Mayor Turetsky moved and Commissioner Iglesias seconded a motion to approve the minutes of the April 15, 1999, regular City Commission Meeting. The motion was approved by a unanimous voice vote of 4-0-1 in favor. 4. AGENDA/ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS) 4A. REQUEST TO MOVE AGENDA ITEMS 10A AND IOB AND 10C OUT OF ORDER (TO FOLLOW ITEM 6) [City Clerk's note: item 4-A was corrected by a revised memo that was distributed at the meeting.] ACTION: Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve the agenda changes per the City Manager's memo of recommended additions/amendments that was submitted at the meeting: to substitute a revised memo for 4-A to hear items 10-B and 10-C out of order, after agenda item 6; to add-on agenda item 7-D and delete item 9-B on the same subject matter; to substitute a revised resolution for 9-C; to add-on agenda item 11-A, a request of Commissioner Kauffman for discussion related to Golden Shores repaving project, [City Clerk's note: 11-A was deleted from the agenda by the City Manager due to the absence of Commissioner Kauffman]; to add-on agenda item 11-B designation of voting member and alternate voting member to the Miami-Dade League of Cities. The motion was approved by a unanimous voice vote of 4-0-1 in favor. Summary Minutes of the May 13, 1999, Regular City Commission Meeting - Page 1 of 15 5. SPECIAL PRESENTATIONS: 5A. MARCH/APRIL OFFICER OF THE MONTH - ROBERT RANDAZZO ACTION: Police Chief Richard Harrison and Mayor Samson presented a commendation to Police Officer Robert Randazzo as Officer of the Month for March/April, 1999, and a check from the Citizens Advisory Committee. Officer Randazzo introduced his mother, Louise Randazzo and his wife, Suzzi. 6. ZONING: (NONE) 7. ORDINANCES FOR FIRST READING: 7A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 33-311(A)(4)(a) AND (A)(4)(b) TO DELETE ANY SEPARATE REFERENCE AND CRITERIA FOR THE GRANTING OF NON- USE VARIANCES WHICH INVOLVE A REQUEST IN THE CHANGE IN THE CRITERIA FOR SETBACKS, FRONTAGE REQUIREMENTS, HEIGHT LIMITATIONS, LOT SIZE RESTRICTIONS, YARD REQUIREMENTS AND OTHER VARIANCES WHICH HAVE NO RELATIONSHIP TO A CHANGE IN THE USE OF A PROPERTY IN QUESTION; TO RENDER ANY REQUEST FOR A VARIANCE FROM THE TERMS OF ZONING REGULATIONS, INCLUDING USE VARIANCES AND THOSE PREVIOUSLY KNOWN AS NON-USE VARIANCES, TO BE GRANTED BY THE CITY COMMISSION IF THEY ARE NOT CONTRARY TO THE PUBLIC INTEREST AND WHERE, OWING TO SPECIAL CONDITIONS A LITERAL ENFORCEMENT OF THE PROVISIONS THEREFORE WILL RESULT IN AN EXCEPTIONAL, UNDUE AND UNNECESSARY HARDSHIP SUCH THAT THE LANDOWNER CANNOT EARN A REASONABLE RETURN IF USED AS ZONED AND SO THE SPIRIT OF REGULATION SHALL BE OBSERVED AND SUBSTANTIAL JUSTICE BE DONE PROVIDED THAT ANY VARIANCE WILL BE HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE REGULATION AND THAT THE SAME IS THE MINIMUM VARIANCE THAT WILL PERMIT THE REASONABLE USE OF THE PREMISES; PROVIDING FOR EXCEPTIONS FOR CERTAIN ADMINISTRATIVE VARIANCES AND RETAINING THE CATEGORY AND STANDARDS FOR NON-USE VARIANCES SOLELY WITH RESPECT TO SINGLE FAMILY HOMES AND DUPLEXES; PROVIDING FOR A REPEALER;PROVIDING FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE. ACTION: Mayor Samson asked for a motion to delay consideration of the proposal for six months to see how the Interim RU-4A Zoning Ordinance does. Commissioner Morrow moved and Commissioner Iglesias seconded a motion to defer consideration of this proposal for six months. The motion was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman absent Commissioner Morrow y Vice Mayor Turetsky Mayor Samson }_es Summary Minutes of the May 13, 1999, Regular City Commission Meeting - Page 2 of 15 7B. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF A UTILITIES TAX REVENUE BOND, SERIES 1999, OF THE CITY OF SUNNY ISLES BEACH, FLORIDA IN A PRINCIPAL AMOUNT NOT TO EXCEED $1,000,000 FOR THE PURPOSES OF FINANCING ALL OR A PORTION OF THE COSTS OF ACQUISITION OF CERTAIN REAL PROPERTY IDENTIFIED AS TRACT A OF THE PERU TOWERS SUBDIVISION AS RECORDED IN PLAT BOOK 99, PAGE 66 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY AND LOCATED BETWEEN NORTH BAY ROAD AND 181ST AND 182ND STREETS 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. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance and City Finance Director Jack Neustadt introduced the item. Public Speaker: none Vice Mayor Turetsky confirmed that the bonds would be tax-free, and he asked if a member of the Commission could be permitted to purchase them. Mr. Neustadt said that while the bonds would be tax-free, SunTrust Bank had elected not to sell them, and would retain the bonds in their own portfolio. Vice Mayor Turetsky 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 4-0-1 in favor. Second reading, public hearing will be June 17, 1999. Vote: Commissioner Iglesias Xes Commissioner Kauffinan absent Commissioner Morrow Vice Mayor Turetsky y_es Mayor Samson 7C. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,ADOPTING A GENERAL PENALTY FOR VIOLATION OF THE CODE OF SUNNY ISLES BEACH, FLORIDA; ESTABLISHING CODE COMPLIANCE RESPONSIBILITY, CIVIL LIABILITY AND PENALTIES FOR VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR A REPEAL OF CONFLICTING PROVISIONS AND AN EFFECTIVE DATE. Summary Minutes of the May 13, 1999, Regular City Commission Meeting - Page 3 of 15 ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance and City Attorney Dannheisser introduced the item noting that it adds to the City's code enforcement remedies a judicial imposition of a civil penalty, not to exceed S5,000. She noted a clerical error in section 1(a) of the proposal: "Ordinance 98-54" should be corrected to read as "Ordinance Nos. 98-21 and 98-57." Public Speaker: none Vice Mayor Turetsky 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 June 17, 1999. Vote: Commissioner Iglesias des Commissioner Kauffman absent Commissioner Morrow Vice Mayor Turetsky yes Mayor Samson }_es 7D. Add-On Item: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING A REVISED FEE SCHEDULE FOR ZONING HEARINGS AND CERTIFICATES OF USE AND OCCUPANCY ATTACHED AS EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance and City Zoning & Code Administrator Jorge Vera introduced the item. Public Speaker: none Commissioner Morrow moved, and Vice Mayor Turetsky seconded a motion to approve the proposed ordinance as amended on first reading. The motion was approved by a roll call vote of 4-0-1 in favor. Second reading, public hearing will be June 17, 1999. Vote: Commissioner Iglesias des Commissioner Kauffman absent Commissioner Morrow }_es Vice Mayor Turetsky des Mayor Samson des 8. ORDINANCES FOR SECOND READING (PUBLIC HEARINGS) 8A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER FIFTEEN OF THE CODE OF MIAMI-DADE COUNTY AS ADOPTED BY SECTION 8.3 OF THE CHARTER OF THE CITY OF SUNNY ISLES BEACH, TO INCLUDE A SECTION ENTITLED "DUMPSTER ENCLOSURE"; PROVIDING FOR SPECIFICATIONS, MATERIALS, AND LOCATION RELATIVE TO DUMPSTER ENCLOSURES; PROVIDING FOR RESIDENTIAL TRASH AND Summary Minutes of the May 13, 1999, Regular City Commission Meeting - Page 4 of 15 GARBAGE RECEPTACLE PICK UP AND REMOVAL PROVISIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR DEFERRED ENFORCEMENT; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City Attorney Lynn Dannheisser introduced the item noting that the amended language regarding enclosure materials had been incorporated from first reading. She said that enforcement with citations would be delayed for six months after adoption. Public Speakers: Don Stewart; Bob Geise; Code and Licensing Enforcement Officer Christopher Steers Vice Mayor Turetsky moved and Commissioner Morrow seconded a motion to adopt the ordinance on second reading. Ordinance No. 99-70 was adopted by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 8B. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,ADOPTING COMMERCIAL VEHICLE PARKING REGULATIONS IN ALL RESIDENTIAL ZONING DISTRICTS INCLUDING PUBLIC RIGHT-OF-WAYS WITHIN SAID DISTRICTS; PROVIDING FOR DEFINITIONS; PROVIDING FOR CATEGORIES OF COMMERCIAL VEHICLES; PROVIDING FOR SPECIFIC PROHIBITIONS; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR INCLUSION IN THE CITY OF SUNNY ISLES BEACH CODE OF ORDINANCES AND AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City Code and Licensing Enforcement Officer Christopher Steers introduced the item. Public Speakers: City Attorney Dannheisser; City Code and Licensing Enforcement Officer Christopher Steers; Joe Malkin; Don Stewart; Gerry Goodman; Judge Manuel Ramos; City Manager DiPietro Mayor Samson and Commissioner Morrow inquired about different aspects of "commercial vehicles" and Mr. Steers responded. City Attorney Dannheisser stated that Section 1(A)(1)(a) should be deleted from the proposed ordinance. Commissioner Morrow moved and Commissioner Iglesias seconded a motion to defer the item. The motion failed by a roll call vote of 2-2-1. Vote: Commissioner Iglesias yes Summary Minutes of the May 13, 1999, Regular City Commission Meeting - Page 5 of 15 Commissioner Kauffman absent Commissioner Morrow Vice-Mayor Turetsky no Mayor Samson no City Attorney Dannheisser said that another motion was necessary. Vice-Mayor Turetsky moved and Mayor Samson seconded a motion to approve the proposed ordinance, 8-B. The motion was approved by a roll call vote of 3-1-1 in favor. Vote: Commissioner Iglesias Commissioner Kauffman absent Commissioner Morrow no Vice-Mayor Turetsky yes Mayor Samson yes Commissioner Morrow stated that she was not prepared to make the decision yet to vote in favor of the proposal because it posed a dilemma: either upgrading and maintaining values through strong standards, or perhaps inconveniencing the working community who may be in the habit of driving their commercial vehicles home. Judge Ramos objected that the vote of approval had occurred without deleting Section 1(A)(1)(a). He noted that the effect of approving the ordinance, was to still have Section 1(A)(1)(a) intact, since it had not been excluded, and the section was vague and unconstitutional. Commissioner Iglesias moved and Vice-Mayor Turetsky seconded a motion to reconsider the motion to approve. The motion was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson Vice Mayor Turetsky moved and Commissioner Morrow seconded a motion to approve the amended proposed ordinance, with the deletion of section 1(A)(1)(a). After discussion, Vice Mayor Turetsky withdrew his motion. Commissioner Iglesias moved and Commissioner Morrow seconded a motion to defer the proposed ordinance until after review at a workshop regarding vehicles in private driveways. The motion was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias Les Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes Summary Minutes of the May 13, 1999, Regular City Commission Meeting - Page 6 of 15 8C. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NO. 98-21 & 98-57 ESTABLISHING A CODE ENFORCEMENT PROCEDURE; PROVIDING FOR AMENDED DEFINITIONS TO INCLUDE RECURRING VIOLATIONS; PROVIDING FOR AMENDMENTS TO SECTION 3 RELATING TO QUALIFICATIONS OF SPECIAL MASTERS; APPOINTMENT AND REMOVAL; COMPENSATION; PROVIDING FOR AMENDMENTS TO SECTION 6 RELATING TO WARNING NOTICES OF VIOLATION; PROVIDING FOR AMENDMENTS TO SECTION 8 RELATING TO CIVIL PENALTIES AND RELATED TERMS CONSTRUED; PROVIDING FOR AMENDMENTS TO SECTION 9 RELATING TO CIVIL VIOLATION NOTICES; PROVIDING FOR AMENDMENTS TO SECTION 10 RELATING TO SCHEDULING AND CONDUCT OF HEARING; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; 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 Code and Licensing Enforcement Officer Christopher Steers introduced the item. Public Speakers: none Vice Mayor Turetsky moved and Commissioner Morrow seconded a motion to adopt the ordinance on second reading. Ordinance No. 99-71 was adopted by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias Les Commissioner Kauffman absent Commissioner Morrow des Vice-Mayor Turetsky des Mayor Samson yes 9. RESOLUTIONS: 9A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RE-ADOPTING FOR AN ADDITIONAL TIME PERIOD RESOLUTION NO. 98-99, WHICH AMENDED RESOLUTION NO. 98-94, ESTABLISHING A PROCEDURE TO ASSIST CITIZENS IN BRINGING EXISTING STRUCTURES AND USES WHICH HAVE HERETOFORE NOT RECEIVED PERMITS OR CERTIFICATES OF OCCUPANCY INTO COMPLIANCE WITH BOTH CHAPTER 33 OF THE CODE OF MIAMI-DADE COUNTY (AS ADOPTED BY THE CITY OF SUNNY ISLES BEACH) AND/OR THE SOUTH FLORIDA BUILDING CODE DURING AN AMNESTY PERIOD; PROVIDING FOR THE REDUCTION OF COSTS OF ANY APPLICATIONS FOR A ZONING HEARING WHICH WILL BE REDUCED DURING THE AMNESTY PERIOD BY 50% OF THE NORMAL COST OF ZONING HEARINGS; PROVIDING THE APPLICANT SHALL BEAR THE COST FOR ADVERTISING; PROVIDING THE COST OF THE BUILDING PERMITS PLUS 8100 IN ACCORDANCE WITH SECTION 305.1 OF THE SOUTH FLORIDA BUILDING CODE SHALL BE BORNE BY THE APPLICANT; PROVIDING FOR CONSENT AGREEMENTS; MANDATING LIFE SAFETY REQUIREMENTS OF Summary Minutes of the May 13, 1999, Regular City Commission Meeting - Page 7 of 15 THE SOUTH FLORIDA BUILDING CODE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced the item. Public Speakers: Victor Zepka; Zoning & Code Administrator Jorge Vera; Cecile Sippin; Gerry Goodman; Don Stewart Victor Zepka suggested that the City should lower the fees more than 50%, if not waive them entirely, since in his case, his zoning application cost $4,000. After discussion, City Manager DiPietro said that the City could perhaps reduce the fees further and still cover City expenses, but he requested an opportunity to review costs to make a recommendation. Zoning & Code Administrator Jorge Vera said that only five or six zoning applications had been made under the amnesty program, and perhaps 100 or 200 building permits were requested. Commissioner Morrow expressed the desire to resolve the bad feelings being created by this issue. Commissioner Iglesias asked what the break-even point might be for the City. City Manager DiPietro said that the City could perhaps reduce the fees to 33%, but beyond that he would like more time to study the issue. Commissioner Iglesias moved and Commissioner Morrow seconded a motion to defer the proposal, which was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes City Manager DiPietro emphasized that the amnesty period was scheduled to expire at the end of May, and then fees would go back-up to 100%of the original rates. He requested that the Commission approve the proposed extension of the amnesty period with the proposed fee structure of 50% for another 60 days, during which time staff would review expenses and make a new recommendation. Commissioner Morrow moved and Commissioner Iglesias seconded a motion to reconsider the motion to defer. The motion was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes Mayor Samson moved and Commissioner Iglesias seconded a motion to approve a revised resolution extending the amnesty for a period of 60 days [until July 31, 1999] Summary Minutes of the May 13, 1999, Regular City Commission Meeting - Page 8 of 15 pending the conduct of a workshop within said timeframe. Resolution No. 99-136 was adopted by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias y_es Commissioner Kauffman absent Commissioner Morrow �s Vice-Mayor Turetsky des Mayor Samson y_es 9B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING A REVISED FEE SCHEDULE FOR ZONING HEARINGS AND CERTIFICATES OF USE AND OCCUPANCY ATTACHED AS EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. ACTION: [City Clerk's note: During agenda item 4 above this item was deleted from the agenda and replaced with a first reading ordinance of the same subject matter, see 7-D] 9C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA, AMENDING RESOLUTION NO. 98 92, WHICH ESTABLISHED THE 1999 SCHEDULE OF CITY COMMISSION MEETINGS, CIIANGINC ME DATE OF THE JUNE MEETING TO JUNE 17, 1999, AND PROVIDING FOR AN EFFECTIVE DATE. [City Clerk's note: a revised resolution was distributed at the meeting with a new title:] A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING RESOLUTION NO. 98-92, WHICH ESTABLISHED THE 1999 SCHEDULE OF CITY COMMISSION MEETINGS, CHANGING THE DATES OF THE JUNE AND JULY MEETINGS TO JUNE 17, 1999, AND TO JULY 15, 1999, PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title noting that the revised proposal also contained an additional change of date for the July City Commission meeting. City Manager DiPietro asked the Commission to approve dates for: • a Special City Commission meeting on two zoning applications on May 27, 1999; • two Informal Town Meetings on June 8, 1999, and June 15, 1999; • a regular City Commission meeting on June 17, 1999; • a Special City Commission meeting on June 22, 1999; and • a change of the July City Commission meeting date to July 15, 1999. Due to a schedule conflict, the first Informal Town Meeting was changed to June 7ih. Mayor Samson asked Commissioner Kauffman to arrange a location for the Informal Town meeting in the north-end, and for Commissioner Morrow to arrange a location for the Informal Town meeting in the south-end. Mayor Samson introduced the proposed resolution, and Peter Weiner said that the zoning application time frame should be adjusted if the regular July City Commission meeting is advanced by two weeks earlier. City Manager DiPietro said that if the City Commission approved, he would agree, in this instance, to waive fourteen days from the Summary Minutes of the May 13, 1999, Regular City Commission Meeting - Page 9 of 15 zoning application timeframe to accommodate the change in the July meeting date. Public Speakers: Peter Weiner; Phillip Chemoff; Gerry Goodman Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve the proposed schedule of extra meetings, which was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky }es Mayor Samson yes Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve the proposed resolution. Resolution No. 99-137 was adopted by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias Les Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 9D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ACCEPTING THE FINAL PLAT OF THE SUNNY ISLES TRACT, THE SAME BEING A REPLAT OF LOTS 1, 2, 3, 7, 8,9, 10 AND 11,BLOCK 8, OF SUNNY ISLES SHORES SECTION B, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 65 AT PAGE 47 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, LOCATED AT 178TH STREET AND NORTH BAY ROAD; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Attorney Dannheisser introduced the item. Public Speakers: none Vice-Mayor Turetsky moved and Commissioner Morrow seconded a motion to approve the proposal. Resolution No. 99-138 was adopted by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias Les Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 9E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER IN ACCORDANCE Summary Minutes of the May 13, 1999, Regular City Commission Meeting - Page 10 of 15 WITH ORDINANCE 97-10 TO PURCHASE A STREET SWEEPER IN THE AMOUNT OF $73,000.00, ACCORDING TO THE SPECIFICATIONS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR AN EFFECTVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced the item, noting that the unit was outside City Hall. Public Speakers: none Vice-Mayor Turetsky moved and Commissioner Iglesias seconded a motion to approve the proposal. Resolution No. 99-139 was adopted by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias Les Commissioner Kauffman absent Commissioner Morrow Vice-Mayor Turetsky des Mayor Samson Les 9F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER IN ACCORDANCE WITH ORDINANCE 97-10 TO PURCHASE COMPUTER NETWORK UPGRADE EQUIPMENT AND SERVICE MAINTENANCE ACCORDING TO THE SPECIFICATIONS ATTACHED HERETO AS EXHIBIT "A", IN THE AMOUNT OF ✓$2,�s1 Jrw$21,822.00FROM VML ENTERPRISES, INC.; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced the item, noting that the amount of expenditure was increased by 1% to a new total of S21,822.00, to purchase a second processor. Public Speakers: none Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve the proposal. Resolution No. 99-140 was adopted by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias Commissioner Kauffman absent Commissioner Morrow des Vice-Mayor Turetsky des Mayor Samson Les 10. MOTIONS: 10A. RANKING OF GOVERNMENT CENTER, POLICE FACILITY, AND LIBRARY DESIGN ARCHITECTURAL FIRMS. ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced Summary Minutes of the May 13, 1999, Regular City Commission Meeting - Page 11 of 15 the item, recommending the rank ordering of the City staff selection committee: Spillis Candela & Partners; Swanke Hayden Connell Architects; and Architects Design Group, Inc. Public Speakers: Victor Zepka; Kathleen Kennedy; Cecile Sippin Vice-Mayor Turetsky said he observed the meetings of the City staff selection committee and found it to be educational. Vice-Mayor Turetsky moved and Commissioner Iglesias seconded a motion to approve the proposal. The motion was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 10B. PRELIMINARY CONCEPTUAL DESIGN APPROVAL FOR NORTH BAY ROAD 2.8 ACRE PARK. ACTION: City Clerk Brown-Morilla read the title. City Manager DiPietro and Consulting Architect Bill Rosenberg introduced the passive park item proposing to initially spend approximately $200,000 for fill, irrigation, grass seeding, sod, trees, palms and hedges to landscape the edges of the paik. This includes use of approximately S60,000 of free fill, with additional future elements such as perimeter walkway, tot-lot, fence, lighting, etc. to be determined/funded later. Public Speakers: Consulting Architect Rosenberg; Gerry Goodman; Ada Valiente Garcia; Phillip Chemoff Commissioner Iglesias asked what types of trees were planned, and Mr. Rosenberg responded "native trees." Mayor Samson asked about the timing of planting trees, installing a sidewalk, fence, and water source. There was discussion about the appropriate starting point in the design elements of the passive park. Mayor Samson explained that the grant funds require that the park be a passive park, and that the County was unwilling to allow the placement of children's recreational equipment. There was discussion about whether the Citizens Planning Advisory Committee should be asked to review the use of the parks, and if there would be restrictions such as, no dogs, picnicking, ball playing. Vice Mayor Turetsky moved and Commissioner Morrow seconded a motion to approve the written proposal, [spending S200,0001. The motion was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffinan absent Commissioner Morrow yes Vice-Mayor Turetsky yes Summary Minutes of the May 13, 1999, Regular City Commission Meeting - Page 12 of 15 Mayor Samson yes 10C. ACKNOWLEDGMENT OF RECEIPT OF AUDITOR'S REPORT FOR THE PERIOD JUNE 16, 1997 THROUGH SEPTEMBER 30, 1998. ACTION: City Clerk Brown-Morilla read the title. City Manager DiPietro and Michael Futterman, CPA, of Rachlin Cohen & Holtz, Independent Auditors, introduced the item. Public Speakers: Michael Futterman, CPA; Ellen Wynne In response to Ellen Wynne's question, City Manager DiPietro explained the financial arrangement with the County to fund the storm water drainage projects in the Golden Shores area. Commissioner Morrow moved and Vice Mayor Turetsky seconded a motion to acknowledge receipt of the audit report. The motion was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kaufman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 1OD. DESIGNATION OF CAPITAL IMPROVEMENTS LOCAL OPTION GAS TAX FOR FISCAL YEAR 1998-99 (OCTOBER- SEPTEMBER). ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro and Independent Architect introduced the item detailing storm water drainage work for the new year(S72,000 anticipated gas tax funds). Public Speakers: none Commissioner Iglesias moved and Vice Mayor Turetsky seconded a motion to approve the recommendation. The motion was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 11. DISCUSSION ITEMS: HA. Add-On item: GOLDEN SHORES STREET PAVING PROJECT ACTION: [City Clerk's note: this item, a request of Commissioner Kauffman for discussion related to Golden Shores repaving project, was deleted from the agenda by the City Manager due to the absence of Commissioner Kauffman.] Summary Minutes of the May 13, 1999, Regular City Commission Meeting - Page 13 of 15 During discussion of agenda item 10-C above, Ellen Wynne complimented the work being done on the storm drainage, and asked for the street resurfacing to be done expeditiously also. 11B. Add-On item: DESIGNATION OF VOTING MEMBER AND ALTERNATE VOTING MEMBER TO THE MIAMI-DADE LEAGUE OF CITIES ACTION: Mayor Samson and City Manager DiPietro introduced the item. Vice-Mayor Turetsky moved and Commissioner Iglesias seconded the nomination of Commissioner Kauffman to be the voting designee to attend the Miami-Dade League of Cities meetings. The motion was approved by a roll call vote of 3-1-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky no Mayor Samson yes Mayor Samson moved and Commissioner Iglesias seconded the nomination of Commissioner Morrow to be the alternate voting designee to attend the Miami-Dade League of Cities meetings. The motion was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 12. REQUESTS, PETITIONS & OTHER COMMUNICATIONS: A. Donna Tarsitano and Donna Bock,residents of Oceania Tower One presented a request that dogs be allowed to exercise/walk on the beach, if their owners had registered them with the City and paid an annual registration fee of S175.00, with proof of up-to-date medical records required. Ms. Tarsitano said that County Parks Supervisor Hoover had allegedly claimed that in October 1999, the City would be taking over the beach park. Mayor Samson said there are no current intentions for the City to take over the beach. He said he had asked City staff to research the issue of whether the City could have the right to set our own rules for the beach, without taking formal control of the beach. City Attorney Dannheisser said she would report to the Commission on this issue at the next City Commission meeting. B. Hurricane Evacuation: During discussion of agenda item 10-C above, Ellen Wynne noted that the evacuation points listed in the Sunny Isles Beach Sun for hurricane season, did not include a pick-up stop in Golden Shores. C. Don Stewart suggested televising the City Commission meetings, and Mayor Samson suggested that the main reason for not doing so was that no one would attend the meetings if they could stay home to watch on TV. D. Victor Zepka complained about mounds of dirt being stored on the beach-side of Collins Avenue where buildings have been demolished, and asked why we didn't require a Summary Minutes of the May 13, 1999, Regular City Commission Meeting - Page 14 of 15 fence/wall to screen the construction areas, and why property owners were allowed to have weeds overgrown on those sites (Oceania site). City Manager DiPietro said the City could do something about the weeds, and Jorge Vera said that Oceania was using the site for storage of soil while doing construction elsewhere. City Manager DiPietro said he would report back to the City Commission at the next City Commission meeting with suggestions about how to address the issues of beautification (e.g. placing sod or fencing for vacant sites). 13. ADJOURNMENT: Commissioner Morrow moved and Vice Mayor Turetsky seconded a motion to adjourn the meeting. The motion was approved by a unanimous voice vote of 4-0-1 at 10:03 p.m. .d ,-• Respectfiilly'submitted by: Approved • I e City Commission on June17,1999. • ; t, 1!"� • Richard Brown-Morilla, City Clerk lam Samson, mayor 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 May 13, 1999, Regular City Commission Meeting - Page 15 of 15