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HomeMy WebLinkAbout1998-1217 Regular City Commission Meeting SUMMARY MINUTES City of Sunny Isles Beach City Commission Meeting — Thursday, December 17, 1998 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:04 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: Commissioner Kauffman led the Pledge of Allegiance to the flag. 3. APPROVAL OF MINUTES: ACTION: Commissioner Kauffman moved and Commissioner Morrow seconded a motion to approve the minutes of the November 12, 1998, Commission Meeting. The motion was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Kauffman ves Commissioner Morrow yes Vice Mayor Turetsky absent Commissioner Iglesias ves Mayor Samson yes 4. AGENDA/ORDER OF BUSINESS (ADDITIONS/DELETIONS) ACTION: [Clerk's Note: A package of memos from City Manager DiPietro was submitted at the meeting: letter of protest to 6-A; a revisions to agenda items 8-C, and 9-M; and add-on item 9-N]. [Clerk's note: see each agenda item for details] Commissioner Morrow moved and Commissioner Kauffman seconded a motion to consider 9-A prior to 8-D. The motion was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Kauffman yes Commissioner Morrow yes Vice Mayor Turetsky ves Commissioner Iglesias Mayor Samson ves Summary Minutes of the December 17, 1998, City Commission Meeting - Page 1 of 13 Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to add-on agenda item 9-N, which was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Kauffman yes Commissioner Morrow yes Vice Mayor Turetsky ves Commissioner Iglesias y Mayor Samson y See also item 11-A. 5. SPECIAL PRESENTATIONS: A. ED PICKERING - OFFICER OF THE MONTH (NOVEMBER) ACTION: Police Chief Richard Harrison presented Officer Ed Pickering, and announced his receipt of a Commendation, and selection as the Police Officer of the month for November, 1998. Mayor David Samson presented Officer Pickering with a certificate as Officer of the Month/Life Saving Award and a check from the Police Citizens Advisory Committee. B. DETECTIVE BUREAU UNIT COMMENDATION ACTION: Police Chief Richard Harrison presented the Detective Bureau with a Unit Commendation: Captain Fred Maas, Sgt. William Craig, Detective Ray Atesiano, Detective Paul Manzella, Crime Scene Technician Tiffany Barton. Mayor Samson mentioned a recent incident where a female resident was beaten and robbed, but with the help of our Police Department the perpetrator was caught. He then presented a Certificate of Appreciation to the Police Department from the family and friends of Carole Alter Truly. C. RICHARD C. SCHULMAN - CITY HISTORIAN & PHOTOGRAPHER ACTION: Mayor Samson read a Proclamation declaring Richard C. Schulman to be City Historian & Photographer, and declaring December 17, 1998, as Richard C. Schulman Day in the City of Sunny Isles Beach. Mayor Samson thanked Mr. Schulman for his many hours of volunteer assistance helping City Officials as well as creating a history book of news clippings and photographs. Mr.Schulman expressed his gratitude and praised the Mayor,Commissioners and City staff for all their rapid accomplishments. 6. ZONING: A. Hearing No. Z 97000126[C] REQUEST OF CASTELITA INVESTMENT CORP/ M & N PROPERTIES L.L.C./D.P. CARAVAN L.L.0 OWNER OF THE PROPERTY LOCATED AT 19101 - 19111 - 19115 COLLINS AVENUE FOR THE FOLLOWING: 1. Special Exception for site plan approval to permit an apartment development. 2. Non Use Variance of lot coverage requirements to permit proposed development with a lot coverage of 49% (40% permitted). 3. Non Use Variance of floor area ratio (F.A.R.) requirements to permit a floor area ratio of 2.916 for the proposed development, provided request is made to the City to accept dedication of an 80 ft easement to acquire F.A.R. bonus increase in accordance with Sec. Summary Minutes of the December 17, 1998, City Commission Meeting - Page 2 of 13 33.222 to reduce F.A.R. requirement to 2.5 (2.0 F.A.R. permitted). 4. Non Use Variance of setback requirement to permit proposed building to setback 146 ft (179ft required) from the rear(east) property line. 5. Non Use Variance of setback requirement to permit proposed building to setback 31.16 ft (202 ft required) from the interior side (south) property line and setback 87.67 ft (131 ft required) from the interior side (north) property line. 6. Non Use Variance of height requirements to permit proposed building with a height varying from (24 floors) 256.33 ft to (39 floors) 396.33 ft (76.21 ft to 370 ft permitted height). Ex-pane disclosures 0 Protests 1 Waivers 0 ACTION: City Clerk Brown-Morilla read the applicant's name,hearing number, and location. *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: Michael Dezer; Tom Daily; Kobi Karp; Building Official Michael Berkman; Zoning & Code Administrator Jorge Vera; Stella Halpern; Dominick Penn; Bill Lone; Cecille Sippin; George San Jose Mr.Berkman submitted for the record an executed written Declaration ofRestrictive Covenants proffered by the applicant, which was subsequently amended, with the change being initialed by Peter Weiner. Kobi Karp showed a diagram of the project. Mr. Berkman read his Commission memo on the subject of this application. City staff recommended approval of the request with conditions noted in their memos. Mayor Samson questioned why there were restricted hours being proposed for beach access. Peter Weiner proffered an agreement to change to 24 hour access easement. Zoning & Code Administrator Jorge Vera mentioned that the beach access easement would tie-into a future City boardwalk. George San Jose objected to only receiving 15 day written notice, pointing out that many owners live out of town and so extra time is needed for the forwarding of mail. Commissioner Iglesias expressed the desire that the landscaping plans be approved by the City. Vice Mayor Turetsky moved and Commissioner Morrow seconded a motion to approve the request in accordance with City staff conditions. The motion was approved as Resolution No. 98-Z-28, by a roll call vote of 5-0 Vote: Commissioner Iglesias Commissioner Kauffman y Commissioner Morrow Vice Mayor Turetsky des Mayor Samson ves Following the vote, Mr. Tom Daily said he had made a proffer to the Radisson that he would agree to bury the utilities underground, but they wanted money for a gym instead. He verbally proffered to pay for under-grounding the utilities in front of the Radisson anyway, and also suggested he might work a private parking garage like was done for Ocean One. Summary Minutes of the December 17, 1998, City Commission Meeting - Page 3 of 13 7. ORDINANCES FOR FIRST READING: A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NO. 98-40 WHICH PROVIDES FOR A MORATORIUM ON THE FILING AND CONSIDERATION OF ZONING APPLICATIONS AND A MORATORIUM ON THE ISSUANCE OF DEVELOPMENT PERMITS, TO PROVIDE THAT THE MORATORIUM BE EXTENDED UNTIL MARCH 11, 1999; PROVIDING THAT ALL OTHER TERMS AND CONDITIONS OF ORDINANCE NO. 98-40 SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL SUCH TIME; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: [City Clerk's note: this item was a public hearing] City Clerk Brown-Morilla read the title and City Attorney Lynn Dannheisser introduced the proposed ordinance. Public Speakers: Gerald Goodman Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be January 21, 1999, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 7. B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NO. 98-45 WHICH ADOPTED AN OCCUPATIONAL LICENSE TAX PURSUANT TO CHAPTER 205, FLORIDA STATUTES (1997); AMENDING SECTION 12, ENTITLED APPROVAL OF BUSINESS LOCATION TO ELIMINATE SAME AND PROVIDE INSTEAD FOR SPECIFIC APPLICATION PROCEDURES; AMENDING SECTION 13, ENTITLED DENIAL OF LICENSE APPLICATION TO PROVIDE FOR SPECIFIC GROUNDS FOR DENIAL AND SET FORTH APPEAL PROCESS; PROVIDING FOR A LIMITATION AND RENEWAL PROCEDURES; PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION AND EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title and City Attorney Lynn Dannheisser introduced the proposed ordinance. 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 January 21, 1999, at 7:00 p.m. Vote: Commissioner Iglesias ves Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky ves Mayor Samson yes Summary Minutes of the December 17, 1998, City Commission Meeting - Page 4 of 13 8. ORDINANCES FOR SECOND READING (PUBLIC HEARINGS) A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 33, ZONING ARTICLE VI, *SIGNS,* WITH RESPECT TO FURTHER PROHIBITED SIGNS AND ENFORCEMENT REGULATIONS AMENDING SECTION 33-95 TO INCLUDE THE ISSUANCE OF CITATIONS BY THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Manager Jim DiPietro introduced the proposal which provides for the removal of signs in public rights of way.. Public Speakers: none Commissioner Morrow moved and Commissioner Iglesias seconded a motion to adopt the ordinance on second reading. Ordinance No. 98-55 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias Commissioner Kauffrnan yes Commissioner Morrow Les Vice-Mayor Turetsky ves Mayor Samson ves 8. B. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 33-13 TO DELETE ANY REFERENCE TO OUTDOOR PATIO AND TABLE SERVICE IN CONNECTION WITH RESTAURANT AND PROVIDING NSTEAD AN AMENDMENT TO THE CODE OF ORDINANCES OF THE CITY TO PROVIDE FOR A NEW SECTION ENTITLED OPEN-AIR CAFE; PROVIDING FOR REPEAL OF CONFLICTNG PROVISIONS OF THE MIAMI-DADE COUNTY CODE;PROVIDING FOR SEVERABILITY, NCLUSION IN THE CODE AND AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and Zoning & Code Administrator Jorge Vera introduced the item designed to speed the zoning approval process for open-air cafes. Public Speakers: none Vice Mayor Turetsky moved and Commissioner Iglesias seconded a motion to adopt the ordinance on second reading. Ordinance No. 98-56 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias Les Commissioner Kauffman Les Commissioner Morrow Les Vice-Mayor Turetsky Les Mayor Samson Summary Minutes of the December 17, 1998, City Commission Meeting - Page 5 of 13 8. C. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NO. 98-21 ESTABLISHING A CODE ENFORCEMENT PROCEDURE; PROVIDING DEFINITIONS;PROVIDING FOR CIVIL INFRACTIONS AND PENALTIES; QUALIFICATIONS,APPOINTMENT,REMOVAL AND COMPENSATION OF SPECIAL MASTERS;SETTING FORTH THE POWERS OF SPECIAL MASTERS;AUTHORITY TO INITIATE ENFORCEMENT AND SETTLE CASES*;PROVIDING FOR ENFORCEMENT PROCEDURES INCLUDING THE CONTENTS AND METHOD OF SERVICE OF CIVIL VIOLATION NOTICES; PROVIDING FOR CIVIL PENALTIES AND RELATED TERMS CONSTRUED;PROVIDING FOR RIGHTS OF VIOLATORS;PAYMENT OF FINE;RIGHT TO APPEAL; FAILURE TO PAY AND CORRECT OR TO APPEAL; WILFUL REFUSAL TO ACCEPT CIVIL VIOLATION NOTICE; SCHEDULING AND CONDUCT OF HEARING; PROVIDING REMEDIES TO RECOVER UNPAID CIVIL PENALTIES; UNPAID PENALTIES TO CONSTITUTE A LIEN AND PROVIDING FOR FORECLOSURE; PROVIDING FOR APPEALS OF ORDERS OF SPECIAL MASTERS; PROVIDING FOR ADDITIONAL ENFORCEMENT POWERS; ESTABLISHING A SCHEDULE OF CIVIL PENALTIES; PROVIDING FOR REHEARING;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE.* ACTION: [*City Clerk's note: a revised ordinance was distributed at the meeting] City Clerk Brown-Morilla read the title, and City Attorney Lynn Dannheisser introduced the item, noting that the reason for the revised handout was that recent negotiations with the City's Special Master had resulted in the deletion ofproposed language relating to City staff being able to compromise and settle cases. Public Speakers: none Commissioner Morrow moved and Commissioner Iglesias seconded a motion to adopt the ordinance on second reading. Ordinance No. 98-57 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 yes Mayor Samson yes 8. D. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 2 OF ORDINANCE NO.98-40 WHICH PROVIDES FOR A MORATORIUM ON THE FILING AND CONSIDERATION OF ZONING APPLICATIONS AND A MORATORIUM ON THE ISSUANCE OF DEVELOPMENT PERMITS TO PROVIDE AN ADDITIONAL WAIVER(OR EXCEPTION)FROM SAID ORDINANCE;PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER AND PROVIDING FOR AN EFFECTIVE DATE. [City Clerk's note: amnesty] ACTION: City Clerk Brown-Morilla read the title, and City Attorney Lynn Dannheisser introduced the item. Public Speakers: Stella Halpern Summary Minutes of the December 17, 1998, City Commission Meeting - Page 6 of 13 City Attorney Dannheisser read the proposed wording for the ordinance following Ms. Halpem's remarks. Commissioner Morrow moved and Commissioner Kauffman seconded a motion to adopt the ordinance on second reading. Ordinance No. 98-58 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias }_es Commissioner Kauffinan y Commissioner Morrow des Vice-Mayor Turetsky ves Mayor Samson ves 9. RESOLUTIONS: (Items 9B and 9C are Public Hearings) A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,AMENDING 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 ZONE G 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 5100 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 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 Code and Licensing Enforcement Officer Christopher Steers introduced the proposal. Public Speakers: none Commissioner Kauffman moved and Commissioner Morrow seconded a motion to approve the proposal. Resolution No. 98-99 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman ves Commissioner Morrow }_es Vice-Mayor Turetsky ves Mayor Samson des Summary Minutes of the December 17, 1998, City Commission Meeting - Page 7 of 13 9. B. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, GRANTING A WAIVER FROM ORDINANCE NO. 98-40 IN ACCORDANCE WITH SECTION 2 THEREOF,TO CLUB 1 REALTY INC., LOCATED AT 17141 COLLINS AVENUE,TO ALLOW CONSIDERATION OF A ZONING APPLICATION TO PERMIT BUSINESS USE OF AN EXISTING GIFT SHOP AND REAL ESTATE OFFICE; PROVIDING FOR AN EFFECTIVE DATE. ACTION: [City Clerk's note: this was a public hearing]City Clerk Brown-Morilla read the title, and Zoning & Code Administrator Jorge Vera introduced the item. Public Speakers: none Vice Mayor Turetsky moved and Commissioner Kauffman seconded a motion to approve the proposal. Resolution No. 98-100 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman yes Commissioner Morrow yn Vice-Mayor Turetsky ves Mayor Samson des 9. C. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, GRANTING A WAIVER FROM ORDINANCE NO. 98-40 IN ACCORDANCE WITH SECTION 2 THEREOF,TO WINSTON YACHT CLUB,INC.,LOCATED AT 270174TH STREET,TO ALLOW CONSIDERATION OF A ZONING APPLICATION TO PERMIT AN UNUSUAL USE OF AN EXISTING MARINA; PROVIDING FOR AN EFFECTIVE DATE. ACTION: [public hearing] City Clerk Brown-Morilla read the title, and Zoning & Code Administrator Jorge Vera introduced the item. Public Speakers: Stella Halpern Vice Mayor Turetsky moved and Commissioner Kauffman seconded a motion to approve the proposal. Resolution No. 98-101 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias }_es Commissioner Kauffman y Commissioner Morrow y Vice-Mayor Turetsky tees. Mayor Samson ves 9. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A STORISIWATER UTILITY INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE MIAMI-DADE COUNTY STORMWATER UTILITY; REPEALING RESOLUTIONS 98-52 AND 98-49; 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 Kauffman seconded a motion to approve the proposal. Resolution No. 98-102 was adopted by a roll call vote of 5-0 in favor. Summary Minutes of the December 17, 1998, City Commission Meeting - Page 8 of 13 Vote: Commissioner Iglesias ves Commissioner Kauffman ves Commissioner Morrow ves Vice-Mayor Turetsky y Mayor Samson yes 9. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN AND APPROVE THE ATTACHED DISASTER RELIEF FUNDING AGREEMENTS BY AND BETWEEN STATE OF FLORIDA,DEPARTMENT OF COMMUNITY AFFAIRS AND THE CITY OF SUNNY ISLES BEACH AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced the item Public Speakers: none Vice Mayor Turetsky moved and Commissioner Kauffman seconded a motion to approve the proposal. Resolution No. 98-103 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias Les Commissioner Kauffman y Commissioner Morrow ves Vice-Mayor Turetsky Mayor Samson 9. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE APPLICATION FOR A GRANT FROM THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM;AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATING THERETO; AUTHORIZING THE EXPENDITURE OF SAFE NEIGHBORHOOD PARKS BOND FUNDS RECEIVED; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Finance Director Jack Neustadt introduced the item Public Speakers: none Commissioner Kauffman moved and Vice Mayor Turetsky seconded a motion to approve the proposal. Resolution No. 98-104 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias Kauffman ves Commissioner Morrow Les Vice-Mayor Turetsky }_es Mayor Samson des Summary Minutes of the December 17, 1998, City Commission Meeting - Page 9 of 13 9. G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A VEHICLE LEASE AGREEMENT WITH MIAMI-DADE COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID LEASE; AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: [City Clerk's note: this item was heard and voted on together with agenda item 9-H]. City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced the item Public Speakers: David Fialkoff, MTA Commissioner Kauffman moved and Commissioner Morrow seconded a motion to approve the proposal. Resolution No. 98-105 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 9. H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,ADOPTING AN INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF SUNNY ISLES BEACH FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT;PROVIDING FOR AN EFFECTIVE DATE. ACTION: [City Clerk's note: this item was heard and voted on with agenda item 9-G] City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced the item Public Speakers: David Fialkoff, MTA Commissioner Kauffman moved and Commissioner Morrow seconded a motion to approve the proposal. Resolution No. 98-106 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 9. I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING RESOLUTION NO. 98-80, WHICH ESTABLISHED A CITIZENS PLANNING ADVISORY COMMITTEE, TO INCREASE THE NUMBER OF COMMITTEE MEMBERS FROM FIFTEEN TO TWENTY-ONE; AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced the item Public Speakers: none Commissioner Morrow moved and Commissioner Kauffman seconded a motion to approve the proposal. Resolution No. 98-107 was adopted by a roll call vote of 4-1 in favor. Summary Minutes of the December 17, 1998, City Commission Meeting - Page 10 of 13 Vote: Commissioner Iglesias ves Commissioner Kauffinan y Commissioner Morrow ves Vice-Mayor Turetsky no Mayor Samson Les In response to Commissioner Morrow's question, Vice Mayor Turetsky explained his opposition was based on his opinion that 15 members was adequate. 9. J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING ROSENBERG DESIGN GROUP TO RETAIN AND BILL SEPARATELY FOR SERVICES RENDERED BY PISTORINO & ALAM CONSULTING ENGINEERS FOR THE PROVISION OF ENGINEERING SERVICES IN CONNECTION WITH THE DESIGN OF CITY ENTRANCE SIGNS BASED ON THE AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced the item Public Speakers: none Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve the proposal. Resolution No. 98-108 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias Les Commissioner Kauffman s Commissioner Morrow Les Vice-Mayor Turetsky Les Mayor Samson ves 9. K. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH FLORIDA MUNICIPAL INSURANCE TRUST, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAME; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced the item relating to health insurance. Public Speakers: none Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve the proposal. Resolution No. 98-109 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias Commissioner Kauffman +Les Commissioner Morrow yes Vice-Mayor Turetsky Mayor Samson yes Summary Minutes of the December 17, 1998, City Commission Meeting - Page 11 of 13 9. L. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH STANDARD INSURANCE COMPANY FOR EMPLOYEE LIFE AND ACCIDENTAL DEATH AND DISABILITY INSURANCE,ATTACHED AS EXHIBIT"A";AUTHORIZING THE CITY MANAGER TO EXECUTE SAME; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Finance Director Jack Neustadt introduced the item Public Speakers: none Vice Mayor Turetsky moved and Commissioner Kauffman seconded a motion to approve the proposal. Resolution No. 98-110 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 des 9. M. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH TOTAL DATA SOLUTIONS, RELATING TO COMPUTER AIDED DISPATCH AND RECORDS MANAGEMENT SOFTWARE SYSTEM, ATTACHED AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAME; PROVIDING FOR AN EFFECTIVE DATE. ACTION: [*City Clerk's note: a revised agreement was distributed at the meeting] The City Clerk read the title, and Chief Harrison introduced the item costing S43,414. Public Speakers: Kevin Whitman, Total Data Solutions Mayor Samson expressed the strong desire that the contract include the provision of updates for more than just three years. Mr. Whitman said they were confident that their SQL and SMS products were state of the art but that five years was more difficult to foretell. Mayor Samson asked Mr. Whitman to agree in writing that unless there is a radical change in the technology in the next five years,that Total Data Solutions would agree to extend the provisions of updates to a total of five years. *Mr. Whitman agreed to put in writing the agreement that if SQL and SMS are still state of the art in the 36 month period, they would extend it for five years. Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve the proposal *as amended. Resolution No. 98-111 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias Les Commissioner Kauffman Les Commissioner Morrow ves Vice-Mayor Turetsky yes Mayor Samson yes Summary Minutes of the December 17, 1998, City Commission Meeting - Page 12 of 13 9. N. Add-On Item: A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING IN CONCEPT THE TERMS TO BE INCLUDED IN A CONTRACT FOR THE SALE AND PURCHASE OF VACANT PROPERTY DESCRIBED AS LOT 14, BLOCK 5, OF GOLDEN SHORES OCEAN BOULEVARD ESTATE, SECTION C,PLAT BOOK 51, PAGE 93 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LOCATED AT 201 19151 TERRACE,ON THE TERMS AND CONDITIONS PROVIDED IN THE LETTERS OF INTENT SET FORTH AS COMPOSITE EXHIBIT"A"; AUTHORIZING THE CITY ATTORNEY TO DRAFT SUCH A CONTRACT; EXEMPTING PROPERTY FROM APPRAISAL PURSUANT TO SECTION 166.045(B), FLORIDA STATUTES; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced the item, noting that the mini-park site is 100 feet by 100 feet in the northeast corner of Golden Shores at a price of$85,000. Public Speakers: none Vice Mayor Turetsky moved and Commissioner Iglesias seconded a motion to approve the proposal. Resolution No. 98-112 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias eses Commissioner Kauffman Les Commissioner Morrow Les Vice-Mayor Turetsky ves Mayor Samson ves 10. MOTIONS: None 11. DISCUSSION ITEMS: A. Commissioner Morrow asked City Attorney Dannheisser to provide copies of the proposed Interlocal Agreement with Miami-Dade County(regarding the issuance of film permits)to the members of the City Fashion, Film, Entertainment and Production Council for their review. 12. REQUESTS, PETITIONS & OTHER COMMUNICATIONS: None 13. ADJOURNMENT: Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to adjourn the meeting which was approved by a unanimous voice vote at 9:45 p.m. Respectfully submitted by: Approved the City Commission this 21" .-- '.€.t. day of ��aryy�1999. 6EIV nA l �*vvw--. X11 N�'_ --\ '. �tj f On Richard Brown-Morilla, CitiQ] rk.`: T= David Samson, Mayor l Y•e ATTENTION ALL LOBBYISTS: CITY4L4\V REQUIRES YOUR REGISTRATION PRIOR TO LOBBYING. PLEASE CONTACT THE CITY CLERK FOR REGISTRATION-FLORINS. - • _, r Summary Minutes of the December 17, 1998, City Commission Meeting - Page 13 of 13