HomeMy WebLinkAbout2000-0720 Regular City Commission Meeting SUMMARY MINUTES
Thursday, July 20, 2000, 7:00 p.m.
CITY OF SUNNY ISLES BEACH, FLORIDA
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I. 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 Connie Morrow
Commissioner Danny Iglesias
Commissioner Lila Kauffman
Commissioner Irving Turetsky
Acting City Manager James DeCocq
City Attorney Lynn Dannheisser
City Clerk Richard Brown-Morilla
2. PLEDGE OF ALLEGIANCE/INVOCATION
Action: Mayor Samson, Marcos and Frymet Napchan led the Pledge of Allegiance to the
flag and Richard Schulman gave an invocation.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting—May 18, 2000.
3B. Special City Commission Meeting—May 30, 2000.
Action: Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to
approve the Summary Minutes as amended (see item 4A below) [City Clerk's note:
Substituted page 3 of the Summary Minutes for the May 30, 2000 Special Commission
Meeting adding the words "was suspended" at the bottom of the page]. The motion was
approved by a voice vote of 5-0 in favor.
4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Hear Items.
City Attorney Lynn Dannheisser requested to defer item 7B; City Clerk Brown-Morilla
Substituted page 3 of the Summary Minutes of the May 30, 2000 Special Commission
Meeting adding the words "was suspended" at the bottom of the page; Revised documents
were submitted for Items 9E,9F and 9I. The City Manager's Monthly Report was submitted
as well as two Add-On Items: 9K and 9L.
Action: Mayor Samson read from the handout of proposed revisions. Vice Mayor Morrow
Summary Minutes:Regular City Commission Meeting July 20,2000 City of Sunny Isles Beach,Florida
moved and Commissioner Turetsky seconded a motion to approve the request. The request
was approved by a voice vote of 5-0 in favor.
5. SPECIAL PRESENTATIONS
5A. Police Employee of the Month for July, 2000— Sergeant Barry Noe.
Action: Chief Maas presented Sergeant Barry Noe with the Police Employee of the Month
Certificate and check.
511. Add-On
Action: Chief Maas acknowledged the sad,recent loss of Sergeant James`Buck"Buchanan.
5C. Recognition of Year 2000's Naturalized Citizens.
Action:Mayor Samson asked if there were any recently Naturalized Citizens and introduced
Marcos and Frymet Napchan who led the Pledge of Allegiance to the flag along with Mayor
Samson.
6. ZONING
ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. Request of Arlen House East Condominium Assoc. Inc. Et Al, Owner of the Property
Located at Northwest Corner of Bayview Drive(158th Street)and Collins Avenue for the
Following: (Public Hearing #Z2000-04)
1. Appeal of Administrative Decision that the Zoning Director erred in his decision on
approving Administrative Site Plan ASPR No. 99-01.
Protests 0 Waivers 0 Ex-Parte 0
Action: Mayor Samson read a statement regarding procedure and decorum. City Clerk
Brown-Morilla read the applicant's name, hearing number, location and then administered
the oath to the witnesses for the Zoning hearing. City Attorney Dannheisser read a
disclaimer for the Zoning hearing.
Public Speakers: Michael Feldman, Esq.; Jorge Vera; Joseph Malkin; Dr. Steven Zucker;
Kobi Karp
Michael Feldman, Esq.; submitted a copy of Declaration of Restrictive Covenants for the
record. Jorge Vera read his report.
Vice Mayor Morrow and Commissioner Kauffman each said they believed that their
decision could be assisted with an on-site visit.
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Summary Minutes:Reeular City Commission Meetine July 20.2000 City of Sunny Isles Beach.Florida
Vice Mayor Morrow moved to defer the item, however the motion failed for lack of a
second.
Commissioner Iglesias cautioned that the Florida Department of Transportation (FDOT)
controls traffic on Collins Avenue and probably would not approve a new entrance and exit
on Collins. Mayor Samson suggested deferral. Mr. Feldman suggested that instead of
having traffic flow onto Bayview Drive; the developer should be asked to re-design their
project to "flip"the building and put a new street on the north end of the development site.
Mayor Samson passed the gavel and made a motion for the applicant to go to FDOT and
then come before the City Commission again on Monday,August 14,2000 at 7:00 p.m.
as a continued public hearing; the motion was seconded by Vice Mayor Morrow.
Kobi Karp asked if the staff could continue to process the plans in the meantime. The
motion was approved as a voice vote of 5-0.
6B. Request of the City of Sunny Isles Beach, Florida, 393 Sunny Isles Boulevard, for the
Following: (Public Hearing #Z2000-05)
1. Non Use Variance of lot coverage requirements to permit the proposed building with a
total lot coverage of 60% (40% permitted).
2. Non Use Variance of floor area ratio requirements to permit the proposed building with
a floor area ratio of 1.36 (0.95 floor area ratio permitted).
3. Non Use Variance of setback requirements to permit the proposed building to setback
16.33 feet from the (north) property line and setback 17.16 feet from the (south)
property line (20 feet required).
4. Non Use Variance of height requirements to permit the proposed building with a total
height of 8 stories (123 feet) (2 to 4 stories permitted).
5. Non Use Variance of landscaping requirements permit 6.7% landscaping (20.5%
required).
6. Non Use Variance of parking requirements to permit 200 parking spaces(329 parking
spaces required).
Protests 0 Waivers 0 Ex-Parte 0
Action: Jorge Vera read his report and recommended approval.
Public Speakers: none
Mayor Samson moved and all Commissioners seconded a motion to approve. The
motion was approved as Zoning Resolution No. 00-Z-50*. 5-0
*Corrected page 12/1/00
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Summary Minutes:Regular City Commission Meeting July 20,2000 City of Sunny Isles Beach,Florida
7. ORDINANCES FOR FIRST READING
7A. An Ordinance of the City of Sunny Isles Beach,Florida,Amending Section 13 of Ordinance
No. 99-60 "Grounds For Denial" and Ordinance No. 98-45 Imposing an Occupational
License Tax;Further Providing for a Hearing Before a Special Master to Appeal a Denial
of an Application for an Occupational License; Establishing Guidelines for the City
Attorney and Code and Licensing Enforcement Official, or His Designee, to Conduct
the Hearing;Providing for a Repealer;Providing for Severability;Providing for Inclusion in
the Code; and Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser gave her
report.
Public Speakers: none
Commissioner Turetsky moved and Commissioner Kauffman seconded a motion to
approve the proposal on first reading. The motion was approved by a roll call vote of
5-0 in favor. Second reading, public hearing will be held on Thursday, September 14,
2000, at 7:00 p.m.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Turetsky yes
Vice Mayor Morrow yes
Mayor Samson yes
[City Clerk's note: After the meeting,the second readings were administratively rescheduled
for second reading on August 14, 2000 at 7:00 p.m.]
7B. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Ordinance No. 98-57, Establishing a Code Enforcement Procedure, Amending Section 3
Relating to Compensation of Special Masters to Provide that Special Masters,Pending Any
Hearing in Excess of Two (2) Hours Shall be Compensated at a Rate of S500 Per Hearing
Date, Which Fee Shall Include Case Preparation, Execution of Final Orders, Attendance at
All Hearings Including Appeals, if Necessary; Providing for Repeal of Conflicting
Provisions; Providing for Severability; Providing for Inclusion in the Code and Providing
for an Effective Date.
Action: During item 4A above, this item was deferred.
7C. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Section 33-8 of the Code of Miami-Dade County as Adopted by Section 8.3 of the Charter of
the City of Sunny Isles Beach, to Delete the Current Section and Create a New Section
Entitled "Certificates of Use", Creating Definitions; Providing for the Requirement of a
Certificate of Use; Providing for the Term of Certificate of Use and Transfer;Providing for
Application Procedures;Providing for an Origination Fee of S80;Providing for a S25 Annual
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Summary Minutes:Regular City Commission Meeting July 20,2000 City of Sunny Isles Beach,Florida
Renewal Fee; Providing for Specific Grounds for Denial; Providing for Renewals of
Certificates of Use;Providing for a Display of Certificate;Providing for Duties of the Zoning
and Code Administrator; Providing for Examination of Records and City Business Zoning
Classification Manual; Providing for Approval of Business Location;Providing for Lost or
Stolen Certificates;Providing for Circumstances Under Which a Certificate Maybe Deemed
Null and Void or Illegal; Providing for Revocation of Certificate of Use; Providing for
Procedures Pursuant to Which a Certificate of Use is Revoked; Providing for Right of
Inspection; Providing Penalties for Violations; Providing for a Transition Provision;
Providing for Severability; Providing for Repeal of Conflicting Provisions; Providing for
Inclusion in Code; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Code and Licensing Enforcement
Officer Chris Steers read his report.
Public Speakers:
Vice Mayor Morrow moved and Commissioner Kauffman seconded a motion to approve
the proposal on first reading. The motion was approved by a roll call vote of 5-0 in
favor.Second reading,public hearing will be held on Thursday,September 14,2000,at
7:00 p.m.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Turetsky yes
Vice Mayor Morrow yes
Mayor Samson yes
[City Clerk's note: After the meeting,the second readings were administratively rescheduled
for second reading on August 14, 2000 at 7:00 p.m.]
8. ORDINANCES FOR SECOND READING (Public Hearings)
8A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Section 33-316 of the Code of Miami-Dade County as Adopted by the City of Sunny Isles
Beach Pursuant to Section 8.3 of the Charter,to Provide the Steps Necessary and Required
to Take an Appeal of a Decision by the City Commission on a Zoning Matter for
Review Before the Circuit Court of the Eleventh Judicial Circuit in and for Miami-
Dade County; Providing Commencement and Computation of Time Within Which to
Appeal a Zoning Resolution Issued by the City Clerk;Providing No Modification on Effect
of the Terms of Ordinance No. 98-52; Providing for the Director of Zoning and/or the City
Clerk, as Applicable, to Make Available for Public Inspection and Copying All Records
Required for Such Appeal; Providing for the Clerk to Swear Any Witnesses and Upon
Timely Request in Writing, to Compel the Attendance of Witnesses in the Same Manner
Prescribed by the Circuit Court; Further Providing that the Applicant Shall Employ a
Qualified Court Reporter to Report the Proceeding, which Transcript May be Used When
Certified for Court Review;Deleting Any References to the Term"Zoning Appeals Board";
Providing for Severability;Providing for a Repealer;Providing for Inclusion into the Code;
Providing for an Effective Date.
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Summary Minutes:Regular City Commission Meeting July 20,2000 City of Sunny Isles Beach,Florida
Action: City Clerk Brown-Morilla read the title and City Attorney Lynn Dannheisser
presented her report.
Public Speakers: none
Commissioner Kauffman moved and Commissioner Turetsky seconded a motion to adopt
the ordinance on second reading. Ordinance No. 2000-100 was adopted by a roll call
vote of 5-0 in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Turetsky yes
Vice Mayor Morrow yes
Mayor Samson yes
813. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida;Amending
Ordinance No. 97-10 Which Established Purchasing Procedures, to Provide General
Provisions; to Provide for a Purchasing Agent; to Provide for Purchasing Limitations and
Competitive Bidding;to Provide for a Competitive Bidding Procedure for Purchases Under
525,000 and Purchases Over 525,000;Providing for Bid Awards,Responsibility of Bidders
or Offerors; Providing for the Event of Only One Responsive Bid; Providing for All Bids to
Become the Property of the City; Providing for a Waiver of Competitive Bidding
Procedures;Providing for Exemption from Bidding;Providing for Contract Administration;
Providing for Protest Procedures;Providing for Ethics in Public Contracting;Providing for a
Repeal of Conflicting Provisions;Providing for Severability;Providing for Inclusion in the
Code and Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Attorney Lynn Dannheisser read
her report.
Public Speakers: none
Vice Mayor Morrow moved and Commissioner Kauffman seconded a motion to adopt the
ordinance on second reading. Ordinance No. 2000-101 was adopted by a roll call vote
of 5-0 in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Turetsky yes
Vice Mayor Morrow yes
Mayor Samson yes
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Summary Minutes:Regular City Commission Meeting July 20,2000 City of Sunny Isles Beach,Florida
9. RESOLUTIONS
9A. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
the City Manager, or His Designee, to Sign All Required Contracts, Agreements, and
Purchase Orders that May Affect the Health, Safety, or Welfare of the City, and to
Temporarily Renew Existing Contracts Which May Expire, for Thirty(30) Days,From the
Last Commission Meeting in July 2000, Until the First Commission Meeting in September
2000, Subject to Ratification by the City Commission at its First Meeting in September
2000; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and presented his report.
Public Speakers: none
Commissioner Kauffman moved and Vice Mayor Morrow seconded a motion to approve
the resolution. Resolution No. 2000-251 was adopted by a voice vote of 5-0 in favor.
9B. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
the Removal and Replacement of Additional Curb and Guttering Along 174th Street
West of North Bay Road by H& R Paving, Inc.;Authorizing the City Manager to Do All
Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title. Acting Public Works Director James Watts
read his report noting that this was a change order to increase the amount of the work by an
additional $6,560.
Public Speakers: none •
Commissioner Kauffman commented that the original agreement provided that the Winston
Towers Complex was to pay for the cost of doing this work. She asked who would be
paying for the additional cost. Acting City Manager DeCocq said the City had asked for the
additional curb and gutter replacement work, and so would bear the expense.
There was uncertainty about whether 174t Street, west of North Bay Road, had previously
been painted with a lane stripe prior to the work.
Mayor Samson moved and Commissioner Kauffman seconded a motion to approve the
resolution, subject to the City Manager's determination of whether the street had
previously been striped, and if so to withhold the cost (approximately $900) of the
stripe. Resolution No. 2000-252 was adopted by a voice vote of 5-0 in favor.
[City Clerk's note: After the meeting, Using aerial photos it was determined that the street
had not been painted with a lane stripe except on the eastern bound side,at the intersection of
North Bay Road, as it currently exists.]
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Summary Minutes:Regular City Commission Meeting July 20,2000 City of Sunny Isles Beach,Florida
9C. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
the Utilization of Funds from the Public Works Department Budget to Purchase a New
Vehicle for the Police Department; Authorizing the City Manager and/or His Designee to
Negotiate a Contract, Not to Exceed S17,000, for Purchase of Said Vehicle; Further
Authorizing the City Manager to Take Any and All Action as May be Necessary to
Effectuate Purchase of Said Vehicle; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Acting Public Works Director James
Watts read his report.
Public Speakers: none
Vice Mayor Morrow moved and Commissioner Turetsky seconded a motion to approve the
resolution. Resolution No. 2000-253 was adopted by a voice vote of 5-0 in favor.
9D. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
the Conceptual Plan Prepared by Albert R. Perez and Associates, Attached Hereto as
Exhibit"A", for the City Park Located at North Bay Road and 181"Drive; Authorizing
the City Manager to Proceed with the Design and Bid Process for Said Park;Providing for an
Appropriation of Funds for that Purpose; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Recreation Director Ed Smith read his
report.
Public Speakers: none
Vice Mayor Morrow moved and Commissioner Kauffman seconded a motion to approve
the resolution. Resolution No. 2000-254 was adopted by a voice vote of 5-0 in favor.
9E. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
an Addendum to Spillis Candela and Partners Contract to Continue Subcontractor Services
with David Plummer and Associates for Further Traffic Analysis Regarding the City Hall
Government Complex, Attached Hereto as Exhibit"A"; Authorizing the City Manager to
Execute and Effectuate Said Additional Services Contract to Commence Traffic Studies;
Providing for an Effective Date.
Action: [City Clerk's note: Revised documents were submitted at the meeting] City Clerk
Brown-Morilla read the title and Zoning and Code Administrator Jorge Vera read his report
with a revised proposal for the Sunny Isles Causeway Circulation Plan. The new reduced
cost is S54,035.
Public Speakers: none
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Summary Minutes:Regular City Commission Meeting July 20,2000 City of Sunny Isles Beach,Florida
Commissioner Iglesias moved and Commissioner Kauffman seconded a motion to approve
the resolution pending further reduction of fees. Resolution No.2000-255 was adopted
by a voice vote of 5-0 in favor.
9F. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
Addendum No. I to the Professional Services Agreement with Bermello, Ajamil Partners,
Inc., for Surveying of Collins Avenue Phase I Streetscape Master Plan Preparation;
Approving the Addendum to the Contract with Bermello,Ajamil Partners,Inc.and the Scope
of Services Included as Attachment "A"; Authorizing the City Manager to Execute and
Effectuate Said Contract; Providing for an Effective Date.
Action: [City Clerk's note: Revised documents were submitted at the meeting] City Clerk
Brown-Morilla read the title and briefly summarized the report.
Public Speakers: Elizabeth Newland, Bermello, Ajamil Partners, Inc.
Commissioner Kauffman moved and Vice Mayor Morrow seconded a motion to approve
the resolution. Resolution No. 2000-256 was adopted by a voice vote of 4-0-1 in favor
(Commissioner Turetsky absent).
9G. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
Approval of a Citywide Streetscape Concept Plan, and Schematic Plans for Collins
Avenue; and Further Authorizing City Community Planning and Development Director
Marla Dumas to Initiate Review of the Collins Avenue Plans and Negotiations with All
Appropriate Parties and the Florida Department of Transportation;Providing for an Effective
Date.
Action: City Clerk Brown-Morilla read the title and summarized the report.
Public Speakers: Art Weissman; Herbert W. Abramson
Vice Mayor Morrow moved and Commissioner Iglesias seconded a motion to approve the
resolution. Resolution No. 2000-257 was adopted by a voice vote of 5-0 in favor.
9H. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
an Agreement with Eller Media Company for Continuation of Placement of Bus Shelters
within the Corporate Limits of the City of Sunny Isles Beach; Authorizing the City Manager
to Execute and Do All Things Necessary to Effectuate Said Agreement; Providing for an
Effective Date.
Action: City Clerk Brown-Morilla read the title and the report.
Public Speakers: Steven Alexander
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Summary Minutes:Regular City Commission Meeting July 20,2000 City of Sunny Isles Beach,Florida
Mayor Samson asked about a prior promise to increase the number of shelters by four more.
He was told that since this extension was only temporary, the company was not willing to
commit to the additional expense.
Vice Mayor Morrow moved and Commissioner Kauffman seconded a motion to approve
the resolution. Resolution No. 2000-258 was adopted by a voice vote of 5-0 in favor.
Mayor Samson asked the City Manager for a written financial report to be presented at
the next City Commission meeting regarding the status of the contract.
9I. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
an Impact Fee Study for the City in an Amount Not to Exceed$38,600,and Preparation of an
Impact Fee Ordinance as Set Forth in the Contract by and between the City of Sunny Isles
Beach and Tischler&Associates, Inc., Attached Hereto as Exhibit"A"; Further Approving
the Expenditure of S5,300 for a Special Assessment Study;Authorizing the City Manager to
Execute and Effectuate Said Contract; Providing for an Effective Date.
Action: [City Clerk's note: Revised documents were submitted at the meeting] City Clerk
Brown-Morilla read the title and City Clerk Lynn Dannheisser read the revised report.
Public Speakers: none
Commissioner Kauffman moved and Vice Mayor Morrow seconded a motion to approve
the resolution. Resolution No. 2000-259 was adopted by a voice vote of 5-0 in favor.
9J. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Awarding a
Bid to South Florida Supply Inc., in the Amount of$36,768, for Irrigation of the Collins
Avenue Medians, Authorizing the City Manager to Negotiate, Execute and Do All Other
Things Necessary to Effectuate a Contract; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Acting Public Works Director James
Watts read his report.
Public Speakers: none
Mayor Samson asked if this proposal included the areas presently covered with concrete and
Mr. Watts said yes.
Vice Mayor Morrow moved and Commissioner Kauffman seconded a motion to approve
the resolution. Resolution No. 2000-260 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting July 20,2000 City of Sunny Isles Beach,Florida
9K. Add-On
A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
the City Manager to Negotiate a Three-Year Lease/Purchase Agreement with Bobby
Jones Ford, for Twenty (20) Police Package Vehicles for Fiscal Year 2000/01 at an
Annual Cost Not to Exceed S159,000, Which Will be Funded in the Upcoming Budget
Years; Further Providing the Contract is Subsequently Approved as to Form and Legal
Sufficiency by the City Attorney; the City Manager Is Further Authorized to Execute the
Contract and to do All Other Things Necessary to Effectuate the Contract; Providing for an
Effective Date.
Action: During item 4A above Mayor Samson announced he was removing this item
from the agenda.
9L. Add-On
A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Resolution 2000-239 Authorizing the City Manager to Re-Name the Present Access Park
Located at 167th Street"Sunny Isles Beach Fishing Pier Park";Providing for an Effective
Date.
Action: City Clerk Brown-Morilla read the title and Mayor Samson presented his report
noting that a long-time resident had made the request.
Public Speakers: Kathleen Kennedy; Phillip Chemoff
Mayor Samson made a motion to approve the resolution,however after discussion,Mayor
Samson withdrew his motion.
10. MOTIONS
None.
11. DISCUSSION ITEMS
11A. City Manager Monthly Report.
Action: Acting City Manager James DeCocq summarized his written report.
11B. Comprehensive Plan Update.
Action: For information, no action taken.
11C. Add-on: During discussion of item 6-A Mayor Samson announced that the City's
Community Planning and Development Director had just lost her father.
11D. Add-on: Mayor Samson introduced our incoming City Manager Christopher Russo.
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Summary Minutes:Regular City Commission Meeting July 20,2000 City of Sunny Isles Beach,Florida
11E. Add-on: Mayor Samson congratulated Ed Smith for all of his recent hard work.
12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
13. ADJOURNMENT
Vice Mayor Morrow moved and Commissioner Kauffman seconded a motion to adjourn
the meeting. The motion was approved by a unanimous voice vote of 5-0 at 9:49 p.m.
,Respectfully submitted by: Approved by the City Commission on August 14, 2000
• 0 Richard Brown-Morilla, City Clerk David Samson, ayor
i•
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