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Home My WebLink About2000-0711 Special City Commission Meeting SUMMARY MINUTES Special City Commission Meeting - Tuesday, July 11, 2000, 7:00 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO LOBBYING. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. 1. CALL TO ORDER/ROLL CALL OF MEMBERS • The meeting was called to order by Mayor Samson at 7:05 p.m., with the following officials present: Mayor David Samson Vice Mayor Connie Morrow Commissioner Danny Iglesias Commissioner Irving Turetsky Acting City Manager James DeCocq • City Attorney Lynn Dannheisser City Clerk Richard Brown-Morilla Absent: Commissioner Lila Kauffman 2. PLEDGE OF ALLEGIANCE/INVOCATION Action: Mayor Samson introduced Lindsay Donzanti, City Receptionist, who became a citizen of the United States of America on this day. Ms. Donzanti led the Pledge of Allegiance to the flag. Richard Schulman gave the invocation. 3. APPROVAL OF MINUTES None presented. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. [City Clerk's note: a revised memo for item 4A was distributed at the meeting] Requests to hear Item 11A after 5A;to recess the Commission meeting after item 11A and to open the Workshop to discuss the Citywide Streetscape Master Plan,and the Collins Avenue Conceptual Plan; and at the conclusion of the Workshop to reconvene the Special City Commission meeting. The City Attorney requested to substitute a new page 13 in the agenda package under item 7B; and to add-on a new agenda item 9G, [A Resolution Requesting a Lease from FDOT for Parcels Situated In and Around the Proposed City Hall/Government Center Site]. Action: Vice Mayor Morrow moved and Commissioner Iglesias seconded a motion to approve the request. The request was approved by a voice vote of 4-0-1 in favor. Summary Minutes:Special City Commission Meeting July 11,2000 City of Sunny Isles Beach,Florida 4B. At 7:35 p.m. Vice Mayor Morrow moved and Commissioner Turetsky seconded a motion to recess the Special City Commission meeting and to open the Workshop to discuss the Citywide Streetscape Master Plan, and the Collins Avenue Conceptual Plan. The motion was approved by a voice vote of 4-0-1 in favor. 4C. At 8:21 p.m. Mayor Samson adjourned the Workshop and called a brief recess before the Special City Commission meeting was reconvened at 8:31 p.m. 5. SPECIAL PRESENTATIONS 5A. Mayor David Samson — Special Announcement regarding the Opening of Gilbert Samson Memorial Park Located at Collins Avenue and 174th Street. Action: Mayor Samson announced that the opening of Gilbert Samson Memorial Park would be held on Friday, July 21, 2000 and invited the community. 6. ZONING No items presented. 7. ORDINANCES FOR FIRST READING 7A. 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. Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser gave her report, noting that the ordinance was revised from the prior, first reading to clarify that this proposal would not effect the terms of Ordinance No. 98-52 [amortization ordinance]. Public Speakers: none 2 Summary Minutes:Special City Commission Meeting July 11,2000 City of Sunny Isles Beach,Florida Vice Mayor Morrow moved and Commissioner Turetsky seconded a motion to approve the proposal on first reading. The motion was approved by a roll call vote of 4-0-1 in favor. Second reading, public hearing will be held on July 20, 2000, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Turetsky yes Vice Mayor Morrow yes Mayor Samson yes 7B. 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 $25,000 and Purchases Over$25,000; 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 Dannheisser presented a detailed report,noting that there was a substitute agenda page 13 that had been handed-out. Public Speakers: none Commissioner Turetsky moved and Commissioner Iglesias seconded a motion to approve the proposal on first reading. The motion was approved by a roll call vote of 4-0-1 in favor. Second reading, public hearing will be held on July 20, 2000, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Turetsky yes Vice Mayor Morrow yes Mayor Samson yes 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 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 3 Summary Minutes:Special City Commission Meeting July 11,2000 City of Sunny Isles Beach,Florida Stolen Certificates;Providing for Circumstances Under Which a Certificate May be 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: Mayor Samson asked to defer the item. City Clerk Brown-Morilla read the title and Code and Licensing Enforcement Officer Chris Steers explained that the County law currently provided for such a fee. After discussion Mr. Steers agreed to withdraw the proposal. He said that he would resubmit the proposal on the agenda for July 20, 2000. Public Speakers: none 8. ORDINANCES FOR SECOND READING (Public Hearings) 8A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Chapter 15 of the Code of Miami-Dade County as Adopted by Section 8.3 of the Charter of the City of Sunny Isles Beach, to Include a Section Entitled "Single Family and Two Family Residential Garbage Can Location"; Providing for Specific Storage Location Relative Primary Building; Providing for Penalties for Violation; Providing for Conflicts; Providing for Severability;Providing for Codification;Providing for Deferred Enforcement; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Code and Licensing Enforcement Officer Chris Steers gave his report. Public Speakers: Chris Steers; Don Stewart; Geoffrey Ehrich Mayor Samson asked if there were specific days for garbage pick-up in Golden Shores. He noted that he had observed a large pile of bulk waste sitting in Golden Shores. Commissioner Iglesias moved and Vice Mayor Morrow seconded a motion to adopt the amended ordinance on second reading. Ordinance No. 2000-96 was adopted by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Turetsky yes Vice-Mayor Morrow yes Mayor Samson yes 4 Summary Minutes:Special City Commission Meeting July I I,2000 City of Sunny Isles Beach,Florida 8B. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Section 33-200 of the Code of Miami-Dade County as Adopted by Section 8.3 of the Charter of the City of Sunny Isles Beach, to Amend Section(3)Prohibiting the Keeping,Breeding, Raising or Maintaining of Poultry or Any Fowl Other than Customary Pets; Providing for Specific Prohibitions on Feeding of Stray or Wild Animals; Providing for Specific Prohibitions on Illegal Subdivision and Rental of Residential Property; Providing for Right of Inspection; 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 gave his report. Public Speakers: none Vice Mayor Morrow moved and Commissioner Turetsky seconded a motion to adopt the ordinance on second reading. Ordinance No. 2000-97 was adopted by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Turetsky yes Vice-Mayor Morrow yes Mayor Samson 8C. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Section 33-4.2 of the Code of Miami-Dade County as Adopted by Section 8.3 of the Charter of the City of Sunny Isles Beach, to Impose More Stringent Standards for Maintenance of Property,Buildings, Structures, Walls,Fences, Signs, Pavement and Landscape;Providing for the Addition of a Section "E"to Require Any Property Owner to be Responsible for the Elimination of Rodents,Insects, and Any Other Vermin Prior to the Demolition of Any Structure; Providing for a Repealer; Providing for Severability and Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Code and Licensing Enforcement Officer Chris Steers gave his report. Public Speakers: Bill Lone Commissioner Turetsky moved and Vice Mayor Morrow seconded a motion to adopt the ordinance on second reading. Ordinance No. 2000-98 was adopted by a roll call vote of • 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Turetsky y Vice-Mayor Morrow yes Mayor Samson yes 5 Summary Minutes:Special City Commission Meeting July 11,2000 City of Sunny Isles Beach,Florida 8D. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Relating to the Securing of Construction Sites, Setting Forth Definitions, Setting Forth Prohibitions, Including Prohibition from Engaging in Any Activity Posing a Danger to Persons Located Off the Construction Site;Prohibiting Unauthorized Access between the Hours of 7:00 p.m. and 7:00 a.m.; Requiring the Owner-Occupant or User of a Construction Site to Keep All Access Roads to the Construction Site Clear of Debris;Requiring Compliance With Section 105.3 of the South Florida Building Code During a Hurricane Watch, by Taking All Steps Necessary to Secure the Construction Site; Providing for a Fine in the Amount of S250 Each Day for Failure to Comply; Requiring the Parking of Construction Worker Vehicles to be Either on Site, in a Public Parking Lot or Along a Public Street Where Parking is Permitted, With Parking at Any Other Site Strictly Prohibited;Providing for Severability;Providing for a Repealer; Providing for Inclusion into the Code and Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Attorney Lynn Dannheisser gave her report. Public Speakers: Bill Lone Vice Mayor Morrow moved and Commissioner Iglesias seconded a motion to adopt the ordinance on second reading. Ordinance No.2000-99 was adopted by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffinan absent Commissioner Turetsky yes Vice-Mayor Morrow yes Mayor Samson yes 9. RESOLUTIONS 9A. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a Settlement Agreement by and between Jack Neustadt and the City of Sunny Isles Beach; Approving the Acknowledgement,Waiver and Release by Neustadt;Approving a Limited Release from the City, All of Which are Attached Hereto as Composite Exhibit "A"; Authorizing the Mayor to Execute Said Agreement and the Acting Manager to Execute Said Releases and Authorizing All Acts to be Taken Thereunder;Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Attorney Lynn Dannheisser read her report. Public Speakers: Don Stewart Commissioner Turetsky moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2000-244 was adopted by a voice vote of 4-0-1 in favor. 6 Summary Minutes:Special City Commission Meeting July 11,2000 City of Sunny Isles Beach,Florida 9B. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving Temporary Easements and Agreements for the Parcels Combined to Form the Gilbert Samson Memorial Oceanfront Park, and the Parcel Forming Pier Park, for Beach Renourishment Activities, by and between the City and Miami-Dade County, Attached Hereto as Exhibits"1", "2", and "3",Ratifying Execution of the Agreements by the Acting City Manager; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Acting City Manager James DeCocq read his report. Public Speakers: none Commissioner Iglesias moved and Commissioner Turetsky seconded a motion to approve the resolution. Resolution No. 2000-245 was adopted by a voice vote of 4-0-1 in favor. 9C. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing an Agreement by and between the City of Sunny Isles Beach and Earth America (Rapid Rooter)Attached Hereto as Exhibit"A",for Cleaning Storm Drains and Catch Basins,in the Amount of$23,900; 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 Iglesias seconded a motion to approve the resolution. Resolution No. 2000-246 was adopted by a voice vote of 4-0-1 in favor. 9D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Providing that, Except for the Equal Opportunity Employment and Sexual Harassment Policies and Complaint Procedures Which are Applicable to Everyone,the City Charter Positions and Employees of the Office of the City Attorney and the Office of the City Clerk are Exempt From the Provisions of the Employee Policies and Procedures Manual Issued by the City Manager, Except as the Applicability of Those Provisions that May be Specifically Agreed Upon between the City Attorney and City Manager, and the City Clerk and City Manager;Further Providing that the Charter Positions Should be Excluded as Non- Classified Employees With Respect to Position Classifications and Compensation Plans Under the Manual; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Attorney Lynn Dannheisser read her report. Mayor Samson said he had spoken with in-coming City Manager Chris Russo who had no objection to the proposal. There were various questions from members of the Commission. Public Speakers: none 7 Summary Minutes:Special City Commission Meeting July 11,2000 City of Sunny Isles Beach,Florida Vice Mayor Morrow moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2000-247 was adopted by a voice vote of 4-0-1 in favor. 9E. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a Contract by and between the City of Sunny Isles Beach and the Luft Consulting, Inc., Attached as Exhibit "A", for Revitalization Studies for Sunny Isles Boulevard and the West Side of Collins Avenue in the Amount of S90,000; Authorizing the City Manager to Execute and Effectuate Said Contract; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Community Planning and Development Director Marla Dumas read her report. Commissioner Iglesias moved and Vice Mayor Morrow seconded a motion to approve the resolution. Resolution No. 2000-248 was adopted by a voice vote of 4-0-1 in favor. 9F. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a Contract by and between the City of Sunny Isles Beach and The Chesapeake Group,Inc., Attached as Exhibit "A", for an Economic/Market Analysis Study in the Amount of 535,000; Authorizing the City Manager to Execute and Effectuate Said Contract;Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Community Planning and Development Director Marla Dumas read her report. Vice Mayor Morrow moved and Commissioner Turetsky seconded a motion to approve the resolution. Resolution No. 2000-249 was adopted by a voice vote of 4-0-1 in favor. 9G. Add-On A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Requesting a Lease from the Florida Department of Transportation for Parcels Situated In and Around the Proposed City Hall Site Described in Composite Exhibit "A"; Representing the Utilization of the Proposed Property will be for Public Purposes Not Inconsistent with Transportation Purposes; Providing for an Effective Date. [Government Center]. Action: City Clerk Brown-Morilla read the title and City Attorney Lynn Dannheisser read her report. Public Speakers: none Commissioner Turetsky moved and Vice Mayor Morrow seconded a motion to approve the resolution. Commissioner Iglesias announced that since he is employed by FDOT he had to abstain. Resolution No. 2000-250 was adopted by a voice vote of 3-0-2 in favor. 8 Summary Minutes:Special City Commission Meeting July 11,2000 City of Sunny Isles Beach,Florida 10. MOTIONS None. 11. DISCUSSION ITEMS 11A. Public Hearing to Consider the Proposed Facilities and Design for the Active,Recreational Park Located at North Bay Road and 181 `Drive. Action: City Clerk Brown-Morilla read the title and Recreation Director Ed Smith introduced Alberto Perez, the City's consultant, who then presented his report. Public Speakers: Ed Smith; Alberto Perez; Ellen Wynne No decision was made. 12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER CONENTUNICATIONS None 13. ADJOURNMENT The meeting was adjourned at 10:00 p.m. Respectfully.submitted by: Approved by t ity Commiss'sn on August 14, 2000 11 ' llvsnP�.cAlN4 Richard brown-Morilla, City Clerk David Samson, M or 1'\, J: . : • ;( J C ? r, ,•• 9