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HomeMy WebLinkAbout2001-0621 Regular City Commission Meeting SUMMARY MINUTES Thursday, June 21, 2001, 7:00 p.m. CITY OF SUNNY ISLES BEACH, FLORIDA ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF,BOARDS,COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:01 p.m., with the following officials present: Mayor David Samson Vice Mayor Lila Kauffman Commissioner Danny Iglesias Commissioner Connie Morrow Commissioner Irving Turetsky City Manager Christopher J. Russo City Attorney Lynn Dannheisser City Clerk Richard Brown-Morilla 2. PLEDGE OF ALLEGIANCE AND INVOCATION Action: City Clerk Richard Brown-Morilla led the Pledge of Allegiance to the flag, and Richard Schulman gave an invocation. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting—May 17, 2001. 3B. Special City Commission Meeting— May 29, 2001. Action: Commissioner Turetsky moved and Vice Mayor Kauffman seconded a motion to approve both the May 17, 2001 and May 29, 2001 Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Item 9G after 5B; Add-On Item: 7J. First Reading on Professional Fee Reimbursement Ordinance; 9B. Amendment to Resolution; and 9H. Replacement Option Agreement. Action: City Clerk Brown-Morilla read the following requests: that item 9G(Donation) be heard after item 5B; add to the agenda, item 7J (Pt reading of the Professional Fee Reimbursement Ordinance);replacement for Resolution 9B(amending the Rank Ordering Summary Minutes Regular City Commission Meeting June 21,2001 City of Sunny Isles Beach,Florida of the Landscape Architectural Firms);replacement for Resolution 9H(Option Agreement for Purchase and Sale of Real Property). City Clerk Brown-Morilla asked if there were any other additions or deletions from the agenda. Vice Mayor Kauffman moved and Commissioner Turetsky seconded a motion to approve the modifications to the agenda. The motion was approved by a voice vote of 5-0 in favor. 5. SPECIAL PRESENTATIONS 5A. Police Officer of the Month for June, 2001 —Officer Brian Schnell. Action: Police Chief Fred Maas introduced Police Officer Brian Schnell as Police Officer of the Month for June 2001, and presented him with a certificate, and a check. Sgt Hopkins also announced that Officer Blake Royal had also been awarded the Miami-Dade County Chiefs of Police Award as Officer of the Month. 5B. A Proclamation to be Presented Declaring July 2001 as "City of Hope Volunteers Month in the City of Sunny Isles Beach". Action: Mayor Samson read the Proclamation, and City Clerk Brown-Morilla announced that the Proclamation had already mailed it to City of Hope. 6. ZONING (No Zoning Hearings Scheduled) 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 2000-88, Establishing the Operating Departments of the City; Providing for Severability;Providing for Repealer;Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo gave his report. Public Speakers: None Commissioner Turetsky moved and Vice Mayor 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 held on Thursday, July 12, 2001, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman y Mayor Samson yes 2 Summary Minutes Regular City Commission Meeting June 21,2001 City of Sunny Isles Beach,Florida 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 99-65 Pertaining To "Elections," By Amending Section 5, "Canvass of Election Returns,Certificate of Election"By Revising the Composition of the Canvassing Board;Providing For Repeal of Conflicting Provisions;Providing For Severability; Inclusion In the Code; and Providing For an Effective Date. Action: City Clerk Brown-Morilla read the title and presented his report. Public Speakers: None Vice Mayor 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 held on Thursday,July 12, 2001, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 2000-87 & 2000-98; to Include a Subsection (E) Entitled "Termites;Development of Land;Annual Inspection";Providing for the Mandatory Treatment of Vacant Land; Providing for the Annual Inspection of Multi-Complex Dwellings of Ten(10)Units or More; Providing for Penalties;Providing for a Repealer; Providing for Severability; Providing for Inclusion in the Code; and Providing for an Effective Date. (Requested by Mayor David Samson) Action: City Clerk Brown-Morilla read the title and Mayor Samson gave his report. Public Speakers: none Commissioner Morrow 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 held on Thursday,July 12, 2001, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 3 Summary Minutes Regular City Commission Meeting June 21,2001 City of Sunny Isles Beach,Florida 7D. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Designating the Code of Ordinances of the City of Sunny Isles Beach; Providing for Definitions and Rules of Construction for Code of Ordinances; Providing for the Repealing and Severability of Parts of the Code; Providing for an Effective Date for All Ordinances; Further Providing for General Penalties for Violations of Code of Ordinances; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser reported. Public Speakers: none Commissioner Turetsky moved and Commissioner Iglesias seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday, July 12, 2001, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 7E. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Repealing City Ordinance No. 99-64 Entitled "Security Alarms" and Creating a New Ordinance of the City of Sunny Isles Beach Entitled "Alarm Systems Registration"; Providing for a Purpose;Providing Definitions;Providing for Registration;Providing for Registration Fee; Providing for Alarm Systems in Apartment Complexes;Providing for Proper Alarm Systems Operation and Maintenance; 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 Code & Licensing Enforcement Officer Chris Steers gave his report. Public Speakers: none Vice Mayor Kauffrnan 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 held on Thursday,July 12, 2001, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 4 Summary Minutes Regular City Commission Meeting June 21,2001 City of Sunny Isles Beach,Florida 7F. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance .No. 2000-103 Entitled "Certificates of Use", Amending Definitions; Providing for Application Procedures; Providing for an Origination Fee of 580; Providing for a S35 Annual Renewal Fee; Providing for Specific Grounds for Denial; Providing for Duties of the Code Enforcement&Licensing Director; Providing for Approval of Business Location;Providing for Lost or Stolen Certificates;•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 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 & Licensing Enforcement Officer Chris Steers gave his report. Public Speakers: none Commissioner Turetsky moved and Vice Mayor 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 held on Thursday, July 12, 2001, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 7G. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Repealing All References to the "Planning Director", "Community Planning & Development Director" or "Director of Building, Planning and Zoning (or Some Facsimile Thereof)Contained in the Ordinances Listed in the Attached Exhibit"A,"and Substituting Therefore the Term"City Manager and His/Her Designee,"as Appropriate; Providing for Severability; Providing for Repealer; Providing Inclusion into 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 Morrow moved and Vice Mayor 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 held on Thursday,July 12, 2001, at 7:00 p.m. 5 Summary Minutes Regular City Commission Meeting June 21,2001 City of Sunny Isles Beach,Florida Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 7H. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Relating to Requiring and Collecting Permit Fees from Providers of Communications Services and Increasing the Local Communications Services Tax; Providing for Intent; Providing for Election Not to Require and Collect Permit Fees; Providing for Election to Increase Local Communications Services Tax; Providing for Notice to the Department of Revenue; Providing for Repealer; Providing for a Savings Clause; Providing for Severability; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser gave her report for both items 7H and 7I. Public Speakers: none Vice Mayor 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 held on Thursday,July 12, 2001, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 7I. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Relating to Increasing the Local Communications Services Tax Rate; Providing for Intent;Providing for Increased Local Communications Services Tax Rate;Providing for Notice to the Department of Revenue; Providing for Severability; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser gave her report. Public Speakers: none Commissioner Morrow moved and Commissioner Turetsky seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a 6 Summary Minutes Regular City Commission Meeting June 21,2001 City of Sunny Isles Beach,Florida roll call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday, July 12, 2001, at 7:00 p.m. Vote: Commissioner Iglesias yes Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 7J. Add-On Item An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Requiring Charges Incurred by the City for Such Consultants that May be Necessary for Any Zoning Application Including Engineering, Planning, Legal, Technical,or Environmental Consultant or Professional(s)Employed by the City to be Paid by the Applicant in Accordance with the Actual Hourly Rates, in Addition to Any Other Application Fees Required by Law; Providing that the Applicant Shall Reimburse the City for the Cost of Such Consultant Services Upon Submission of a Copy of the Voucher; Providing for the Establishment of an Escrow Account From Which Withdrawals May be Made to Reimburse the City for the Cost of Professional Review Services;Providing that the Balance in Such Escrow Account When Reduced to One-Third of the Initial Amount, Shall Require the Applicant to Deposit Additional Funds into Such Account to Bring Its Balance Up to the Amount of the Initial Deposit . Such that if Such an Account is Not Replenished Within Thirty (30) Days After the Applicant is Notified, in Writing, of the Requirement for Such Additional Deposit, the City May Suspend Its Review of the Application; and Further Providing that a Building Permit or Certificate of Use and Occupancy Shall Not be Issued Unless All Professional Review Fees Charged in Connection With the Applicant's Project Have Been Reimbursed;Providing that All Fees Required Under This Ordinance Shall be Collected by the Zoning Director; Providing for Repealer; Providing for Severability; Providing for Inclusion into the Code: Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser read her report. She said City Manager Russo had suggested the legislation, using a model from Rye Brook, NY. City Manager Russo noted that the title of the Ordinance should be changed to reflect the new title of the "Zoning Director." Public Speakers: none Commissioner Iglesias moved the amended motion 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 held on Thursday,July 12, 2001, at 7:00 p.m. Vote: Commissioner Iglesias yes 7 Summary Minutes Regular City Commission Meeting June 21,2001 City of Sunny Isles Beach,Florida Commissioner Morrow yes Commissioner Turetsky yes Vice Mayor Kauffman yes Mayor Samson yes 8. ORDINANCES FOR SECOND READING (Public Hearings) (None) 9. RESOLUTIONS 9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding a Bid to Brown & Brown/Coregis Insurance Group, for Comprehensive Insurance& Brokerage Services;Authorizing the City Manager to Award Bid to Said Company and Negotiate Insurance Agreement; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo presented his report. Public Speakers: none Vice Mayor Kauffman moved and Commissioner Morrow seconded a motion to approve the resolution. Resolution No. 2001-337 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 Ranking of Landscape Architectural Firms and Authorizing the City Manager to Negotiate an Agreement By and Between the City of Sunny Isles Beach and O'Leary Design Associates, P.A., for Various Landscape Architectural Services; Authorizing the City Manager to Take Any and All Action as May be Necessary to Effectuate the Resolution; Providing for an Effective Date. Action: [Clerk's Note: A revised Resolution was handed out] City Clerk Brown-Morilla read the title and City Manager Russo reported. Public Speakers: none Commissioner Iglesias moved and Commissioner Turetsky seconded a motion to approve the resolution. Resolution No. 2001-338 was adopted by a voice vote of 5-0 in favor. 8 Summary Minutes Regular City Commission Meeting June 21,2001 City of Sunny Isles Beach,Florida 9C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Supporting the Baby Teeth Study Known as the "Tooth Fairy Project"; Relating to Radiation and Public Health;Providing for an Effective Date. (Requested by Vice Mayor Lila Kauffman) Action: City Clerk Brown-Morilla read the title and Vice Mayor Kauffman presented her report. Public Speakers: none Vice Mayor Kauffman moved and Commissioner Morrow seconded a motion to approve the resolution. Resolution No. 2001-339 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 a Change Order,Regarding the Contract By and Between the City of Sunny Isles Beach and Choice Hire for Human Resources Services, as Outlined in Exhibit"A", Attached Hereto, Increasing Services and the Amount of Compensation by S4,680; Authorizing the City Manager to Do All Things Necessary to Effectuate Said Change Order; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo presented his report. Public Speakers: none Commissioner Morrow moved and Vice Mayor Kauffman seconded a motion to approve the resolution. Resolution No. 2001-340 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, Consenting to the Assignment of the CATV Franchise from Interlink Communications Partners, LLC (D/B/A Charter Communications) to TCI Cable Partners of St. Louis, L.P. (D/B/A AT&T Broadband); and Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser stated that the item was withdrawn. Public Speakers: none 9F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Compromise, Settle and Pay All Claims Which May be Discharged by a Payment of Amount Not to Exceed Ten Thousand Dollars(S 10,000) for Each Individual Claim;Further Authorizing the City Manager and the City Attorney to 9 Summary Minutes Regular City Commission Meeting June 21,2001 City of Sunny Isles Beach,Florida Compromise, Settle and Pay All Claims Which May be Discharged by an Amount in Excess of Ten Thousand Dollars (S10,000) But Not More Than Twenty-Five Thousand Dollars($25,000) for Each Individual Claim Requiring that Any Proposed Settlements in Excess of Twenty-Five Thousand($25,000)for an Individual Claim Shall be Submitted to the City Commission for its Approval; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser read her report. Public Speakers: none Vice Mayor Kauffman moved and Commissioner Morrow seconded a motion to approve the resolution. Resolution No. 2001-341 was adopted by a voice vote of 5-0 in favor. 9G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Accepting a Donation of 525,000 From ARCOS-1 Project, to be Utilized for Improvements in the Gilbert Samson Memorial Park; Authorizing the City Manager to Do All Things Necessary to effectuate this Resolution;Providing for an Effective Date. Action: [Clerk's Note: This item was heard after item 5B] City Clerk Brown-Morilla read the title and City Manager Russo presented his report. Mayor Samson presented a plaque to David Warnes, CEO of New World Network expressing appreciation for the donation. Public Speakers: none Commissioner Morrow moved and Vice Mayor Kauffman seconded a motion to approve the resolution. Resolution No. 2001-336 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 the Option Agreement for Purchase and Sale of Real Property, of Approximately Three (3) Acres on Which the Tony Roma Restaurant is Situated, at 18050 Collins Avenue, in the Amount of $2.4 Million With an Option Deposit of $50,000 for a 120-Day Option, Which Deposit Shall be Applied to the Purchase Price if the City Proceeds to Purchase and to be Sacrificed if the City Declines to Proceed, Attached Hereto as Exhibit "A"; Providing, in Concept, for the Construction of a New Tony Roma Restaurant Site, Either to be Incorporated in the City Hall Site or Adjacent to the City Hall Site, on the Terms Set Forth in a Letter Agreement Attached Hereto as Exhibit"B"; Providing the City Manager and the City Attorney Authorization to Proceed to Negotiate a Lease Agreement and Contract with Romacorp,Which Lease and Contract 10 Summary Minutes Regular City Commission Meeting June 21,2001 City of Sunny Isles Beach,Florida Will be Brought Before the Commission for Final Approval; Providing for an Effective Date. Action: [Clerk's Note: A revised Option Agreement was handed out] City Clerk Brown- Mori lla read the title and Mayor Samson presented his report. City Manager Russo reviewed the history of the decision not to proceed with the Sunny Isles Boulevard city hall site. He noted that the cost of land has been increasing rapidly within our city. Commissioner Iglesias mentioned that there are a variety of positive options from the proposal. Public Speakers: Cecile Sippin; Don Stewart; Phillip Chemoff Commissioner Morrow moved and Vice Mayor Kauffinan seconded a motion to approve the resolution. Resolution No. 2001-342 was adopted by a voice vote of 5-0 in favor. 10. MOTIONS (None) 11. DISCUSSION ITEMS 11A. Report by Commissioner Connie Morrow, Chairperson of the Fashion, Film, Entertainment and Production Council (FFEPC) regarding 1) the Film and Photo Opportunity Boat and Bus Tour of the City for Film and Photo Producers and Location Scouts, Including Representatives from the Miami-Dade County Mayor's Office of Film and Entertainment; and, 2) Brochure. Action: City Clerk Brown-Morilla read the title and Commissioner Morrow presented her report and announced that the Premier Film and Photo Tour would take place on Friday, June 29,2001. She thanked City Clerk Brown-Morilla for his help,and she thanked City Manager Russo for supporting the efforts of the FFEPC projects, for printing the Film Industry Brochure, and for the staff help with the Tour. Commissioner Morrow noted there had already been a noticeable increase Film Industry interest in our City following the City mailing of our new Film Industry Brochure. Public Speakers: Phillip Chemoff 11B. Add-on: Commissioner Turetsky noted that it had been several years since the City had held informal Town Hall meetings in the community. He proposed that the City again conduct several informal Town Hall meetings, such as the City had done in the past. Mayor Samson expressed a concern that such meetings might be perceived as being political. Commissioner Morrow and Vice Mayor Kauffman agreed it was a good idea to hold the informal town hall meetings. The consensus was to hold an informal town hall meeting in the northern area of the City on Tuesday July 17, and in the southern area on 11 Summary Minutes Regular City Commission Meeting June 21,2001 City of Sunny Isles Beach,Florida Tuesday July 31 at the Arlen House. It was agreed that City staff would make arrange for the locations and the City Clerk would provide public notice to the community. [City Clerk's Note: Subsequent to the City Commission meeting,the informal town hall meetings were postponed until October, 2001] 12. CITIZENS' FORUM: REQUESTS,PETITIONS&OTHER COI\ 7UNICATIONS A. Phillip Chemoff asserted that the Shopping Cart Ordinance was not being enforced. Chris Steers reviewed the City's efforts to better educate the community about not removing the carts and/or the need to return them. 13. ADJOURNMENT Commissioner Morrow and Vice Mayor Kauffman moved to adjourn the meeting. The meeting was adjourned at 8:28 p.m. Respectfully submitted by: Approve y the City Co mission on July 19, 2001 ,ded 1,;Richard'Bkown N_ orilla, City Clerk David Samson, Mayor t'. Y..J • ••' r e t 12