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HomeMy WebLinkAbout1999-0311 Regular City Commision Meeting SUMMARY MINUTES City of Sunny Isles Beach City Commission Meeting — Thursday, March 11, 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 present: Mayor David Samson Vice Mayor Irving Turetsky Commissioner Danny Iglesias Commissioner Lila Kauffman Commissioner Connie Morrow City Manager James DiPietro City Attorney Lynn M. Dannheisser City Clerk Richard Brown-Morilla 2. PLEDGE OF ALLEGIANCE ACTION: Mayor David Samson introduced Helena Forbes, a resident and Clerk Typist for the City, and he announced that Ms. Forbes had recently become a U.S. citizen. Ms. Forbes then led the Pledge of Allegiance to the flag. 3. APPROVAL OF MINUTES: 3A. REGULAR COMMISSION MEETING - FEBRUARY 11, 1999 3B. SPECIAL COMMISSION MEETING - FEBRUARY 18, 1999 ACTION:Commissioner Kauffman moved and Vice Mayor Turetsky seconded a motion to approve the minutes of the February 11, and February 18, 1999, Commission Meetings. The motion was approved by a unanimous voice vote of 5-0 in favor. 4. AGENDA/ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS) A. ACTION: [Clerk's Note: A package of memos from City Manager DiPietro, and City Clerk was submitted at the meeting: additional information for agenda items: 6-A, 9-C, 9-E, and 10-C, and a revised substitute ordinance for item 7-D. A package of letters of waivers and protest was submitted by City Clerk Brown-Morilla for items 6-A and 6-B.] [City Clerk's note: See each agenda item for details. See also agenda items 11 and 12.] Summary Minutes of the March 11, 1999, City Commission Meeting - Page 1 of 17 5. SPECIAL PRESENTATIONS: 5A. OFFICER OF THE MONTH JANUARY/FEBRUARY - EDWARD SANTIAGO ACTION: Police Chief Richard Harrison introduced Officer Santiago, and announced his selection as the Police Officer of the month for January/February, 1999. 5B. FAIR HOUSING MONTH PROCLAMATION ACTION: Mayor Samson presented a Proclamation to Ms. Marcella Mingo-Banks, Housing Coordinator for the Miami-Dade County Department of Human Services,declaring April, 1999 to be Fair Housing Month in the City of Sunny Isles Beach. 6. ZONING: 6A. Hearing No. Z99-01 REQUEST OF AKPEZ OF MIAMI, INC., PROPERTY OWNER OF 17008 COLLINS AVENUE FOR THE FOLLOWING: 1. Use Variance to permit an adult night club in the BU-1A district as would be permitted in the BU-3 district. 2. Special Exception of spacing requirements as applied to adult night club, to permit aforementioned adult night club to be spaced less than 660 feet from an RU (residential) district and spaced less than 1,000 feet from a religious facility. 3. Special Exception of spacing requirements as applied to alcoholic beverage uses to permit an adult night club spaced less than the required 1,500 feet from other alcoholic beverage uses and spaced less than the required 2,500 feet from a religious facility. 4. Non Use Variance ofzoning regulations requiring nightclubs to have an aggregate floor area 2,200 square feet and a dance floor area of 308 square feet to waive same to permit aforementioned adult night club with an aggregate floor area of 1,803 square feet and a dance area of 80 square feet. 5. Non Use Variance of parking requirements to permit 600 parking spaces (1129 parking spaces required) (1,108 spaces previously approved). ACTION: [City Clerk's Note: The business is known as "The Boardwalk." See documents distributed at the meeting by the City Clerk,Jorge Vera and Stanley Price]. City Clerk Brown- Morilla read the applicant's name,hearing number,and location, read into the record two(2) Ex-Parte disclosures, and noted that the following written documents had been submitted: Protests: 2 ; and Waivers 22. *The City Clerk administered the oath to the witnesses for all of the evening's Zoning hearings. City Attorney Dannheisser read a disclaimer for all** of the evening's Zoning hearings. Public Speakers: Stanley Price, Esq.; Elizabeth Schwartz, Esq.; John de Leon, ACLU; Kathleen Kennedy; Alan Cohen; Zoning & Code Administrator Jorge Vera; City Building Official Michael Berkman; Bernie Mickley; Cecille Sippen; Gregg Bernard; Eddie O'Reilly, owner of Ozone; William Coates; Gene Sweed . Summary Minutes of the March 11, 1999, City Commission Meeting - Page 2 of 17 Mr. Price, Esq., speaking on behalf of the applicant, said that the basis of the variance request is equal treatment under the law, noting that the City had previously approved a use variance for the Black Angus Steakhouse under similar facts [City Clerk's Note: see Res. No. 97-Z-4, approved on November 20, 1997] He also asserted that the Zoning is not uniform on the west side of Collins Avenue,and the Boardwalk had been operating for16 years at the same address. Zoning&Code Administrator Jorge Vera summarized his written recommendation for denial, and City Building Official Michael Berkman read his entire report. Through questions by Commissioner Danny Iglesias it was noted that the Black Angus approval was granting a non- use variance. Police Chief Richard Harrison introduced Sgt. Kelvin Davis who reported on a total of four(4) legal administrative actions. Vice Mayor Turetsky asked if any other such businesses are located in strip shopping centers, and Mr. Berkman said there were two adult book stores, and also one free standing building. Commissioner Iglesias observed that the business could continue to sell liquor and stay open as a bar if the requests were denied. Commissioner Kauffman asked if a legal"hardship"had been presented to justify granting the variance request, and Mr. Berkman said"no". Mr. Price objected, noting that he made it very clear that the applicant was not asserting a right to a variance based on "hardship."Mr. Price repeated that there are two ways to obtain a variance, one is "hardship", the other is "discrimination" and he said he had proved that the City gave permission to the Black Angus to have a five piece band and a vocalist without having a license for a nightclub.Mr.Price said he was arguing a claim of discrimination, not hardship. He also pointed out that there is no legal location in this City for an adult entertainment nightclub. Mayor Samson asked the City Attorney how it could be that the Boardwalk had so many years of longevity without licensing and a certificate of occupancy. City Attorney Dannheisser said the County apparently did not adequately enforce its Code, but that the City is entitled to enforce our Zoning laws. Commissioner Morrow suggested that the applicant reapply to be located on 163t Street, saying she would be more agreeable to such an application. Commissioner Iglesias noted that the County had denied the same request five times, yet the business had been operating illegally for 15 years. He said he was bothered by the allegation that the City had approved such a use variance request for one applicant, and might deny it for another. The City Attorney said the City has never granted any use variance. Commissioner Kauffman said she didn't see why this couldn't continue to be a cocktail lounge and package liquor store, and that she sees no hardship. Mr. Price said that the prior zoning requests were made by other owners, not Victor Zepka, and that he only learned about his lack of licensing when the City cited him. Mayor Samson said that community discussions during incorporation made clear that the people wanted a local Police force and to have Code enforcement Summary Minutes of the March 11, 1999, City Commission Meeting - Page 3 of 17 Commissioner Morrow moved and Vice Mayor Turetsky seconded a motion to defer tonight's decision until the applicant has a chance to consider making a new application to take his business onto 163rd Street. Mayor Samson asked if the intent was that the business continue operating as a bar in the meanwhile. Commissioner Morrow characterized her motion as a compromise until the applicant could rethink his request and reapply. City Attorney Dannheisser Dannheisser asked how much time was being proposed for a deferral and if the Boardwalk would be permitted to continue operating as a bar. After debate Mr. Zepka, the business owner, said he had no interest in relocating his business, and have yet another public meeting. Commissioner Morrow withdrew the motion. Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to deny the request without prejudice in accordance with City staff recommendations. The motion was failed, by a roll call vote of 2-3 Vote: Commissioner Iglesias Les Commissioner Kauffman yes Commissioner Morrow no Vice Mayor Turetsky no Mayor Samson no After questioning by the City Attorney and some discussion, Mayor Samson said he had misunderstood the last vote,and that he had voted incorrectly. He had intended to vote to deny the application. City Clerk Brown-Morilla noted that a member of the City Commission from the prevailing side of the last vote could make a motion for reconsideration. Mayor Samson passed the gavel,and moved and Commissioner Kauffman seconded a motion to reconsider the last vote. The motion was approved by a roll call vote of 3-2 Vote: Commissioner Iglesias ves Commissioner Kauffman y Commissioner Morrow no Vice Mayor Turetsky no Mayor Samson des Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to deny the request without prejudice in accordance with City staff recommendations. The motion was approved as Resolution No. 98-Z-29, by a roll call vote of 3-2 Vote: Commissioner Iglesias yes Commissioner Kauffman Morrow no Vice Mayor Turetsky no Mayor Samson }_es 6B. Hearing No. Z98-14 REQUEST OF WINSTON YACHT CLUB, INC., OWNER OF PROPERTY LOCATED APPROXIMATELY 250 FEET SOUTH OF 174TH STREET AND WEST OF NORTH BAY ROAD, FOR THE FOLLOWING: Summary Minutes of the March 11, 1999, City Commission Meeting - Page 4 of 17 1. Unusual Use to permit the maintenance and continued use of a water use facility to wit; a marina. 2. Non Use Variance of parking requirements to permit 0 parking spaces (25 parking spaces required). ACTION: [City Clerk's Note: see documents distributed at the meeting by the City Clerk, Allan Marcus,Esq.,and Judge Manuel Ramos].City Clerk Brown-Morilla read the applicant's name,hearing number, location, and read into the record one(1)Ex-Parte disclosure, and noted that the following written documents had been submitted: Protests: 1. *The City Clerk administered the oath to the witnesses for all of the evening's Zoning hearings. City Attorney Dannheisser read a disclaimer for all** of the evening's Zoning hearings., Public Speakers:Allan Marcus,Esq.; Jorge Vera;Judge Manuel Ramos;Sherrie Blank;Nicole Blank;Alan Handis;Cecille Sippen; Bonnie Katz;Morris Brody;Helen Shane;Steve Corbett. Allan Marcus, Esq, appearing on behalf of the applicant, submitted a copy of County Resolution No. 4-ZAB-347-88, six photos, and a Declaration of Restrictive Covenants. He discussed the details of the parking, and noted that the applicant would pay the expense to develop public parking meters and also pay the going rate set by the City for five parking permits. He read from the Declaration including provisions for no bar or restaurant; no commercial fishing boats,only pleasure boats;no major repairs or heavy maintenance; fueling will be limited to two hours per week and only be done by a regulated company;no loud noise after 11:00 p.m.; they will have insurance and will hold Winston Towers harmless. Jorge Vera summarized the staffs recommendation for approval. Vice Mayor Turetsky said there had been a meeting of the Winston Towers Condominium Association at which Mayor Samson and he were present,but they both left when the marina was going to be discussed. Judge Ramos asked Mr. Corbett about the removal of posts and a fence, and was told the applicant would repair it or remove it so that it looks better. Mr. Marcus stipulated to having only one live aboard, floating home for the marina manager. In response to Mayor Samson's question, Jorge Vera responded it was legal to have a live aboard vessel, if it is properly tied-in. Mayor Samson inquired about landscaping, and who would govern the rates and sale of permits. City Manager Jim DiPietro said the City will administer sales and issue tickets for infractions, noting that permits would have to be displayed. Commissioner Kauffman inquired about the taxi cabs on the streets. Mayor Samson said he has been fighting for years against using 174th street as an access to 163r4 Street. He questioned what would happen if Miami-Dade County or the State asks the City to open the connection? The City Manager said the County would need the City's opinion. Summary Minutes of the March 11, 1999, City Commission Meeting - Page 5 of 17 Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve the request in accordance with City staff recommendations, and with the additional stipulation of one house boat being permitted for the dock master. The motion was approved as Resolution No. 99-Z-30, by a roll call vote of 5-0 Vote: Commissioner Iglesias y Commissioner Kauffman yes Commissioner Morrow y Vice Mayor Turetsky ves Mayor Samson ves 7. ORDINANCES FOR FIRST READING: 7A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,PURSUANT TO THE REQUIREMENTS OF SECTION 2.4 OF THE MUNICIPAL CHARTER,ADOPTING STATE LAWS RELATING TO ELECTIONS; PROVIDING CITY COMMISSION TO PERFORM DUTIES OF BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR A RESOLUTION BY CITY COMMISSION CALLING FOR AN ELECTION; PROVIDING FOR CITY CLERK TO SERVE AS SUPERVISOR OF ELECTIONS; PROVIDING FOR CANVASS OF ELECTION RETURNS AND CERTIFICATE OF ELECTION; PROVIDING FOR QUALIFYING AS A CANDIDATE FOR THE OFFICE OF MAYOR OR CITY COMMISSIONER, FEE, OATH, SINGLE CANDIDATE CONSIDERED ELECTED;PROVIDING FOR A SUPPLEMENTAL QUALIFYING PERIOD; PROVIDING FOR CONTENT, FILING AND FORM OF OATH; PROVIDING FOR NAMES OF QUALIFIED CANDIDATES TO BE PRINTED ON BALLOT;PROVIDING FOR INSTALLATION OF NEW OFFICERS;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, AND FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title and introduced the proposed ordinance, reporting that the City's Charter required several procedural matters relating to the conduct of City elections to be specified by ordinance. Public Speakers: none Commissioner Iglesias asked about Section 5 of the proposed ordinance, pertaining to the canvass of election returns. City Clerk Brown-Morilla explained that our Charter requires the passage of an ordinance to specify how City elections would be canvassed,but it was up to the City Commission whether to approve the staff recommendations or to make any changes. He explained the duties of a canvassing committee. In response to Commissioner Iglesias' question, the City Clerk said members of the public could serve on a canvassing committee. Commissioner Kauffman moved to approve the proposed ordinance as written. Summary Minutes of the March 11, 1999, City Commission Meeting - Page 6 of 17 Commissioner Iglesias proposed amending the ordinance,to have registered voters serve on the canvassing committee, instead of City staff or elected officials. Vice Mayor Turetsky noted that the City Clerk is the City Supervisor of Elections and suggested the City Clerk should serve on the committee with two citizens. Mayor Samson passed the gavel and seconded Commissioner Kauffman's motion to approve the proposed ordinance as written. Commissioner Iglesias suggested that instead of having City staff,except for the City Clerk, who he thought had to be on the committee, he would like to amend the proposal to have only members of the public,registered voters,serve on the canvassing committee.City Clerk Brown-Morilla stated that the City Clerk did not have to be on the committee.Commissioner Morrow suggested having the City Clerk and two members of the public. Mayor Samson said it could be the City Clerk, City Attorney and City Manager and residents.Commissioner Iglesias repeated that he wanted at least two residents involved,and that five people would be ok. City Clerk Brown-Morilla clarified a procedural question when he said that the specific residents to serve on the committee could be specified in the resolution calling an election. Vice Mayor Turetsky suggested to Commissioner Kauffman,as the mover of the motion,that the motion be amended to read that the canvassing committee be composed of the City Clerk and two lay persons. Commissioner Kauffman said that would be hard to accept, commenting that it would be difficult to pick two citizens. City Clerk Brown-Morilla restated the motion. Mayor Samson again suggested that the committee could be the Clerk, Attorney and Manager, and two members of the public. Commissioner Kauffman restated the motion to approve the proposal with an amendment: having the City Clerk, City Attorney, City Manager and two resident, registered voters designated by the City Commission, serve as the canvassing committee e; seconded by Mayor Samson. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be April 15, 1999, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 7B. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PROVIDING THE TERMS AND CONDITIONS FOR THE OPERATION OF CABLE TELEVISION SYSTEMS AND THE APPLICATION, PROCEDURES AND REQUIREMENTS RELATING TO THE GRANT OF FRANCHISES FOR Summary Minutes of the March 11, 1999, City Commission Meeting - Page 7 of 17 THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF CABLE TELEVISION SYSTEMS, EQUIPMENT AND FACILITIES IN, ON, ACROSS, ABOVE OR THAT IN ANY MANNER FOR THE USE THE CITY'S PUBLIC RIGHTS-OF-WAYS AND TO ENSURE THAT USE OF THE CITY'S PUBLIC RIGHTS-OF-WAYS IS IN THE PUBLIC INTEREST AND IN CONFORMANCE WITH APPLICABLE LAW; PROVIDING FOR THE REPEAL OF SECTION 8AA OF THE CODE OF MIAMI-DADE COUNTY AS ADOPTED BY SECTION 8.3 OF THE CHARTER OF THE CITY OF SUNNY ISLES BEACH AS ITS OWN ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title and City Attorney Dannheisser introduced the proposed ordinance, which was precipitated by the immanent transfer of Cablevision to another entity. The proposed ordinance is based on the Aventura model, which was prepared by special consultants. The City would grant use of its streets for the installation of cable in return for a franchise feet payment to the City. She noted that the ordinance has stringent customer service requirements. Public Speakers: none Vice Mayor Turetsky complimented the City Attorney for her efforts on the ordinance. 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 April 15, 1999, at 7:00 p.m. Vote: Commissioner Iglesias Commissioner Kauffman y Commissioner Morrow Turetsky Les Mayor Samson yes 7C. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING THE GENERAL FUND OPERATING BUDGET AND CAPITAL BUDGET FOR FISCAL YEAR COMMENCING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998; AMENDING ORDINANCE 98-46 AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title and City Manager DiPietro introduced the proposed ordinance, which was for the prior year, which actually involved 14 months. Public Speakers: none Commissioner Morrow moved and Commissioner Kauffman seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be April 15, 1999, at 7:00 p.m. Summary Minutes of the March 11, 1999, City Commission Meeting - Page 8 of 17 Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow Vice-Mayor Turetsky Mayor Samson }_es 7D. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING THE GENERAL FUND OPERATING BUDGET, CAPITAL BUDGET AND ENTERPRISE FUND FOR FISCAL YEAR COMMENCING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999; AMENDING ORDINANCE 98-49 AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: Before the ordinance title was read, Vice Mayor Turetsky moved and Commissioner Morrow seconded a motion to amend the proposed ordinance to provide that the City Clerk be granted a $5,000 increase in salary. In response to Commissioner Iglesias's question, City Clerk Brown-Morilla said his current salary is $53,000. Commissioner Morrow asked what other cities pay their City Clerks, and Vice Mayor Turetsky said the average is S64,000. Mayor Samson asked how long the cities have existed and how long the employee has been on the job. Vice Mayor Turetsky said Pinecrest's Clerk makes $60,000. Commissioners Kauffman and Iglesias said the Aventura Clerk also earns S60,000. Commissioners Kauffman said it was a very reasonable suggestion. The motion was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson ves Mayor Samson asked the City Attorney if he could change people in positions. Restating his question, he asked if someone is appointed to a position, could he rescind the appointment by vote of the Commission. City Attorney Dannheisser said she would have to know what the Mayor was talking about. Mayor Samson said he would talk to her later. City Clerk Brown-Morilla then read the title of the proposed ordinance and City Manager DiPietro introduced the proposal which is for the current fiscal year. The City Manager said that for the second reading in April, the ordinance would be amended to reflect the change in salary, social security, etc. Commissioner Kauffman said she did not recall ever having voted on a raise before with such general discussion. Mayor Samson and Vice Mayor Turetsky each responded that they had previously proposed increases for the City Attorney and City Manager. Summary Minutes of the March 11, 1999, City Commission Meeting - Page 9 of 17 City Manager DiPietro noted that the budget amendment would appropriate the S2,000,000 grant for the park, reduce reliance on borrowing, and put more money into landscaping. Commissioner Kauffman asked what the additional vehicle was in the proposal. The City Manager answered that a civilian Public Safety Aide would be hired to write traffic tickets, and they would need a vehicle. Public Speakers: none Commissioner Morrow moved and Vice Mayor Turetsky seconded a motion to approve the amended ordinance on first reading.The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be April 15, 1999, at 7:00 p.m. Vote: Commissioner Iglesias Commissioner Kauffman +Les Commissioner Morrow ves Vice-Mayor Turetsky ves Mayor Samson Les 7E. AN ORDINANCE OF THE CITY OF THE SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCES 98-18 AND 98-26, ESTABLISHING INTERIM PARKS AND RECREATION IMPACT FEE SCHEDULES; TO REPEAL THE 7 1/2% GENERAL ADMINISTRATIVE CHARGE FOR THE PROCESSING OF MATERIALS RELATING TO IMPROVEMENTS AT A LOCAL PARK; PROVIDING FOR APPLICABILITY; PROVIDING FOR A REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title and Zoning & Code Administrator Jorge Vera introduced the proposed ordinance, which he characterized as house cleaning. Public Speakers: none Commissioner Kauffman moved and Commissioner Morrow seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be April 15, 1999, at 7:00 p.m. Vote: Commissioner Iglesias ves Commissioner Kauffman ves Commissioner Morrow Les 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 CODE SECTION ENTITLED "SECURITY ALARMS"; TO PROVIDE A PURPOSE; PROVIDING DEFINITIONS; PROVIDING FOR Summary Minutes of the March 11, 1999, City Commission Meeting - Page 10 of 17 REGISTRATION, APPLICATION, TRANSFERABILITY, AND FALSE STATEMENTS; PROVIDING FOR ALARM SYSTEMS IN APARTMENT COMPLEXES; PROVIDING FOR REGISTRATION INFORMATION UPDATE; PROVIDING FOR PROPER ALARM SYSTEMS OPERATION AND MAINTENANCE; PROVIDING FOR REGULATION OF SIGNALS SENT TO GOVERNMENTAL AGENCIES; PROVIDING FOR INDIRECT ALARM REPORTING; PROVIDING FOR ALARM SYSTEM OPERATING INSTRUCTIONS; PROVIDING FOR ALARM DISPATCH RECORDS; PROVIDING FOR SYSTEM PERFORMANCE REVIEWS; TO PROVIDE FOR FALSE ALARM NOTIFICATIONS; PROVIDING FOR APPEAL OF FEES OR PENALTIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND 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 Vice mayor Turetsky seconded a motion to adopt the ordinance on second reading. Ordinance No. 99-64 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson ves 9. RESOLUTIONS: (Items (9-A, was a Public Hearing) 9A. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING ADMINISTRATIVE REGULATIONS 1-2, 1-3, 1-4, 1-6,AND 2-1, IN ACCORDANCE WITH ORDINANCE NO. 99-62; PROVIDINiG FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced the proposal which was presented because the City Charter requires the City Commission to review administrative regulations. He briefly explained each regulation generally. Public Speakers: none Commissioner Kauffman moved and Commissioner Morrow seconded a motion to approve the proposal. Resolution No. 99-127-A was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow ves Summary Minutes of the March 11, 1999, City Commission Meeting - Page 11 of 17 Vice-Mayor Turetsky yes Mayor Samson yes 9B. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ISSUE A PARKING LOT LEASE AGREEMENT TO THE CITY. ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced the item, recommending approval. He said this was one of the Mayor's initiatives. Public Speakers: none Commissioner Kauf&nan moved and Vice Mayor Turetsky seconded a motion to approve the proposal. Resolution No. 99-128 was adopted by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias Abstain Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 9C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,ACCEPTING THE FINAL PLAT OF GOLDEN VIEW T-18054; PROVIDING FOR AN EFFECTIVE DATE. ACTION: [City Clerk's note: a map was handed-out at the meeting]. City Clerk Brown- Morilla read the title, and City Attorney Dannheisser introduced the item, saying that the vote was a ministerial act for the City Commission since the County had already approved the change. Public Speakers: none Commissioner Morrow moved and Commissioner Kauffman seconded a motion to approve the proposal. Resolution No. 99-129 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 9D. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED CONTRACT ATTACHED AS EXHIBIT"A"FOR PROFESSIONAL LEGISLATIVE RELATIONS AND LOBBYING SERVICES BETWEEN THE CITY OF SUNNY ISLES BEACH,AND RONALD L. BOOK, ESQ.; PROVIDING FOR AN EFFECTIVE DATE. Summary Minutes of the March 11, 1999, City Commission Meeting - Page 12 of 17 ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro explained that the proposal provided for an overall increase in compensation from S106,250 to S119,250. Public Speakers: none Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve the proposal. Resolution No. 99-130 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffrnan yes Commissioner Morrow ves Vice-Mayor Turetsky yes Mayor Samson ves 9E. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED CONTRACT ATTACHED AS EXHIBIT"A"FOR JANITORIAL SERVICES AT CITY HALL AND THE POLICE DEPARTMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND HUGO'S CLEANING SERVICE OF SOUTH FLORIDA, INC.; PROVIDING FOR AN EFFECTIVE DATE. ACTION: [City Clerk's note: a revised agreement was handed-out at the meeting]. City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced the item. Public Speakers: none Vice Mayor Turetsky asked if the contract required cleaning our carpet, and Mayor Samson commented about some of the marks on the carpet. Commissioner Kauffman said carpet cleaning is addressed in the agreement, and noted that if spots are so badly stained that they can't be cleaned, the spot should be replaced with a small piece of new carpet. Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve the proposal. Resolution No. 99-131 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 yes Mayor Samson ves 10. MOTIONS: 10A. AWARD OF BID - LANDSCAPING OF COLLINS AVENUE IN THE VICINITY OF LEHMAN CAUSEWAY (BID #99-01-01) ACTION: City Clerk Brown-Morilla read the title,and Consulting Architect Ken Gardener of Rosenberg Design Group introduced the item. City Manager DiPietro said there were five complete bids (and one incomplete bid that was disqualified). The recommendation is to award to Recio, the low bidder. He disclosed that Recio employs the son of Bob Pushkin, Summary Minutes of the March 11, 1999, City Commission Meeting - Page 13 of 17 City Public Works Superintendent. The City Manager recommended the bid award is for S271,302.97, plus alternates 2 and 3. He pointed out that S60,000 would be paid by State grant funds; and Ocean One and Ocean Two will pay S68,401.80; leaving the City only having to pay S142,901.17. Commissioner Kauffman asked if we could expect similar contributions from new developments such as the Ocean One and Two have made. The City Manager said that would occur if the developer seeks bonuses under our new Zoning ordinance. Commissioner Iglesias said there is more State grant money available for landscaping that we should apply for. Public Speakers: Ken Gardener Vice Mayor Turetsky moved and Commissioner Morrow seconded a motion to approve the item, which was approved 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 yes 10B. AWARD OF BID - BANKING SERVICES (BID #99-01-02 ). ACTION: City Clerk Brown-Morilla read the title, and Finance Director Jack Neustadt introduced the items, asking for three separate motions. Public Speakers: none Vice-Mayor Turetsky moved and Commissioner Kauffman seconded a motion to authorize the City Manager to implement a sweep account with Colonial Bank and a direct deposit system for employee payroll, which was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow absent Vice-Mayor Turetsky yes Mayor Samson yes Vice-Mayor Turetsky moved and Commissioner Kauffman seconded a motion to grant an award to both Colonial Bank and SunTrust for a five year credit facility, which was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow absent Vice-Mayor Turetsky yes Mayor Samson yes Summary Minutes of the March 11, 1999, City Commission Meeting - Page 14 of 17 Commissioner Kauffman asked about the ability of the City to accept credit card payments, and Mr. Neustadt said yes it would be possible. He noted that Chase submitted a bid after the bid process, and their bid for credit card use appeared to be the best offer. Mayor Samson asked about the transaction fee the City would have to pay per credit transaction, and Mr. Neustadt explained the different rates. Mayor Samson passed the gavel and moved and Commissioner Kauffman seconded a motion to authorize the City Manager to use that facility (either Colonial Bank, SunTrust, or Chase) that is in the best interest of the City, provided that any transaction fee be included in the payment charged. The motion was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias Commissioner Kauffman ves Commissioner Morrow absent Vice-Mayor Turetsky Les Mayor Samson yes IOC. CONCEPTUAL REVIEW AND APPROVAL OF BEACHFRONT PARK PLAN. ACTION: City Clerk Brown-Morilla read the title,and Consulting Architect Ken Gardener reviewed the proposed design of the beachfront park. Commissioner Kauffman expressed a desire for a fountain. Mayor Samson said he wanted the volleyball court eliminated from the park, saying it belonged on the beach. The architects noted that the shore area might not be wide enough to accommodate a volleyball court, and if located on the beach it would greatly reduce the lounging areas on the shoreline. City Manager DiPietro reviewed the concept of having a 15' wide beachfront boardwalk,with some nodes of 20'width with seating and lighting. He also said the County has money for dunes, and so we would be working with DERM to accomplish installation of dunes. Bill Lane, architect of the concession area, described that the building would house restrooms,a small concession area with coin operated machines(no kitchen). Commissioner Kauffman suggested incorporating barbecue facilities. Mayor Samson suggested removing the volleyball court and leave sand in the area. Public Speakers: Ken Gardener; Bill Lane Commissioner Morrow moved and Commissioner Kauffman seconded a motion to approve the item without a volleyball court,substituting just sand,which was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman y Commissioner Morrow yes Vice-Mayor Turetsky Summary Minutes of the March 11, 1999, City Commission Meeting - Page 15 of 17 Mayor Samson ves Commissioner Morrow moved and Vice-Mayor Turetsky seconded a motion to authorize additional revised consulting services with Bill Rosenberg per the City Manager's recommendation. The motion was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky ves Mayor Samson ves 10D. CONCEPTUAL REVIEW AND APPROVAL OF 163RD STREET, AT COLLINS AVENUE, PARK PLAN AND ADJACENT MEDIANS. ACTION: City Clerk Brown-Morilla read the title,and Consulting Architect Ken Gardener introduced the item, noting the FDOT would be using part of the area as a staging area for at least two years, but other median areas could be landscaped now. Public Speakers: Ken Gardener Commissioner Kauffman moved and Commissioner Morrow seconded a motion to approve the item, which was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias Abstain Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky Les Mayor Samson yes City Manager DiPietro clarified that the entire project would be designed,but we would only bid the installation of half, leaving the staging area installation for later. 10E. AWARD OF BID - INSTALLATION OF AMERICAN DISABILITY ACT SIDEWALK RAMPS AT INTERSECTIONS, DAMAGED SIDEWALK REPLACEMENT THROUGHOUT THE CITY AND NEW SIDEWALKS AT 178 STREET AND ATLANTIC BOULEVARD INTERSECTION. ACTIOeV: City Clerk Brown-Morilla read the title, and City Public Works Superintendent Bob Pushkin introduced the proposal to award the project to Bannerman at a cost of approximately S17,210.25 based on unit costs. Mr. Pushkin said the Temple had agreed to pay 50%of the cost of the sidewalk by their property. Commissioner Kauffman asked about whether the project on the north side of the street, [Mr. Boulanger: apartment/hotel) would be ready to participate in finishing the sidewalk in the area. Staff said there are no plans submitted yet. Mayor Samson asked about the cost for the extra sidewalk, Mr. Pushkin said 170 feet were required, at a cost of S2,422. Public Speakers: none Summary Minutes of the March 11, 1999, City Commission Meeting - Page 16 of 17 Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve the item, which was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky ves Mayor Samson ves 11. DISCUSSION ITEMS: A. Mayor Samson announced that today,the City had acquired the land on 163rd street for a new City Hall. B. Commissioner Kauffman reported seeing a sign at 183 Street and Collins for ballroom dancing, and Mayor Samson said it had already been cited by staff. Mayor Samson complimented Commissioner Kauffman and encouraged others to also report any improper actions or events, so they could be quickly addressed. 12. REQUESTS, PETITIONS & OTHER COMMUNICATIONS: A. Luis Soro asked for permission to sometimes leave his van behind his store, if he finishes a job late at night. Mayor Samson said the laws must be uniformly applied, and that he should obey the laws. 13. ADJOURNMENT: Commissioner Kauffman moved and Vice-Mayor Turetsky seconded a motion to adjourn the meeting which was approved by a unanimous voice vote at 11:47 p.m. Respectfully submitted by: I _ Approves by he City fission on April 15, 1999 I•kicliartPBrbwn-Morilla, City Clerk *avid Samson, May. • ; `• • sue\ ` O. J . • ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO LOBBYING. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFOFLMATION. Summary Minutes of the March 11, 1999, City Commission Meeting - Page 17 of 17