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HomeMy WebLinkAbout2003-0424 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, April 24, 2003, 7:30 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 7:31 p.m., with the following officials present: Mayor David Samson Vice Mayor Norman S. Edelcup Commissioner Gerry Goodman Commissioner Danny Iglesias City Manager Christopher J. Russo City Attorney Lynn M. Dannheisser Acting City Clerk Jane A. Hines Absent: Commissioner Lila Kauffman (ill) 2. PLEDGE OF ALLEGIAiNCE Action: Vice Mayor Edelcup led the Pledge of Allegiance to the flag. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting—March 20, 2003. 3B. Special City Commission Meeting—April 8, 2003. Action: Commissioner Iglesias moved and Vice Mayor Edelcup seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 4-0-1 in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Amend 8A and Add-on Item 8A.1. Action: Mayor Samson said that Item 8A, Amendments to the City Charter Ordinance, was revised pursuant to a meeting held on April 21, 2003 by the Charter Revision Commission, who deleted a B allot question t hat a mended Section 7.8 "Fire Rescue Service"; and that a new Resolution was added, Item 8A.1, amending Resolution 2003- 524, calling for a Special Election on June 10, 2003, deleting that Ballot question. Summary Minutes:Regular City Commission Meeting April 24,2003 City of Sunny Isles Beach,Florida Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve the above-mentioned changes to the agenda. The motion was approved by a voice vote of 4-0-1 in favor. 5. SPECIAL PRESENTATIONS 5A. A Proclamation Declaring the Month of May 2003, as "Civility Month" in the City of Sunny Isles Beach. Action: Mayor Samson read the Proclamation, and Acting City Clerk Hines will mail it to the Florida Bar Association. 6. ZONING No 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. 99-65 and Ordinance No. 2001-124 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: Acting City Clerk Hines read the title and reported. Public Speakers: none Vice Mayor Edelcup moved and Commissioner Goodman 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 Thursday, May 15, 2003, at 7:30 p.m. Vote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Kauffman absent Vice Mayor Edelcup yes Mayor Samson }_es 2 Summary Minutes:Regular City Commission Meeting April 24,2003 City of Sunny Isles Beach,Florida 8. ORDINANCES FOR SECOND READING (Public Hearings) 8A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Providing for Amendments to the City Charter by Adding a Lobbying Provision that Would Require the City Commission Pass an Ordinance Mandating Lobbyists to Disclose Compensation and for that Information to be Disseminated to the City Commission; Providing for an Amendment of Section 2.3(c) "Limitations on Length of Service" to Provide that No Person Shall Serve as Mayor for More than Two Elected Four-Year Terms and No Person Shall Serve as Commissioner for More than Two Elected Four-Year Terms; Providing for an Amendment of Section 2.6, "Compensation/Reimbursement for Expenses"to Provide a Stipend for Commissioners and the Mayor; Amending Section 2.5, "Residential Areas in the Election" to Allow Candidates to Remain in Office if S/He Ceases to Reside in Residential Area;Amending Section 2.2(b) "Mayor and Vice Mayor" to Provide for a Vice Mayor to Serve for the Term of the Mayor's Tenure;Amending Section 3.5 "City Clerk"to Render the Clerk an Appointee of the City Manager;Providing for an Amendment of Section 3.2"Powers and Duties of the City Manager" to Except Employees of the Office of the City Attorney From Appointment, Supervision and Removal by the Manager; Providing for an Amendment of Section 3.4 "Bond of the City Manager" to Provide for Fidelity Bond; Providing for the Amendment of Section 4.3(a), "Actions Requiring an Ordinance" to Except Service and User Charges; Providing for an Amendment of Section 4.7, "Appropriation Amendments During the Fiscal Year" to Add the Authority of the Manager to Redistribute Previously A pproved Appropriations B etween D epartment Accounts; Amending Section 5.1(i) "Elections Commencement of Terms" to Provide that the Term of Elected Office Commence on the Thirtieth Day Following the Election; Providing for an Amendment of Section 2.1 "City Commission"to Provide Examples of Legislative Powers; Providing for an Amendment to Section 6.1(c), "Submission to Electors" to Allow Mail Ballot; Providing for an Amendment of Section 7.4 "Charter Revision" to Require Each Commissioner Appoint One Charter Revision Commission Member; Providing for Amendment of Section 7.8 "Fire Rescue Service" to Eliminate the Mandate to Utilize Metro Dade Fire Rescue; Providing for Elimination of Certain Transition Provisions; Providing for the Permission to Make Technical and Stylistic Amendments; Providing for Copies of the Resolution and Ordinance for Charter Amendments to be Available for Public Inspection; Providing for the City Clerk to Utilize the Services of Miami-Dade County Supervisor of Elections;Requiring the City Commission to Enact an Enabling Resolution; Providing Requisite Ballot Language for Submission to Electors; Providing for Severability; Providing for Inclusion into the City Charter and Code; Providing for an Effective Date. (First Reading 3/20/03) Action:[City Clerk's Note: An amended Ordinance and Commission Memorandum was distributed] Acting City Clerk Hines read the title and City Attorney Dannheisser reported that the Charter Revision Commission, at its April 21, 2003 meeting, deleted from the Ballot, an amendment of Section 7.8 "Fire Rescue Service", to Eliminate the 3 Summary Minutes:Regular City Commission Meeting April 24,2003 City of Sunny Isles Beach,Florida Mandate to Utilize Metro-Dade Fire Rescue; and noted that George "Bud" Scholl, Chairperson of the Charter Revision Commission,was in the audience for any questions. Public Speakers: none Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to adopt the ordinance as amended. Ordinance No. 2003-168 was adopted by a roll call vote of 4- 0-1 in favor. Vote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Kauffman absent Vice Mayor Edelcup yes Mayor Samson yes 8A.1 Add-On A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2003-524 Calling for a Special Election on Proposed Amendments to the City Charter to be Held on June 10, 2003, to Consider Amendments to the City Charter as Amended at Second Reading of Ordinance No. 2003-168 to Delete an Amendment to Section 7.8"Fire Rescue Service"Such that the Ballot Shall be as Follows: to Consider Providing for Amendments to the City Charter as Follows: Adding a Lobbying Provision that Would Require the City Commission Pass an Ordinance Mandating Lobbyists to Disclose Compensation and for that Information to be Disseminated to the City Commission; Providing for an Amendment of Section 2.3(c) "Limitations on Length of Service"to Provide that No Person Shall Serve as Mayor for More than Two Elected Terms and No Person Shall Serve as Commissioner for More than Two Elected Terms; Providing for an Amendment of Section 2.6, "Compensation/Reimbursement for Expenses"to Provide a Stipend for Commissioners and the Mayor; Amending Section 2.5, "Residential Areas in the Election" to Allow Candidates to Remain in Office if S/He Ceases to Reside in His/Her Residential Area; Amending Section 2.2(b)"Mayor and Vice Mayor"to Provide for a Vice Mayor to Serve for the Term of the Mayor's Tenure; Amending Section 3.5 "City Clerk"to Render the Clerk an Appointee of the City Manager; Providing for an Amendment of Section 3.2 "Powers and Duties of the City Manager"to Except Employees of the Office of the City Attorney from Appointment, Supervision and Removal by the Manager;Providing for an Amendment of Section 3.4 "Bond of the City Manager" to Provide for Fidelity Bond; Providing for the Amendment of Section 4.3(a), "Actions Requiring an Ordinance" to Except Service and User Charges; Providing for an Amendment of Section 4.7, "Appropriation Amendments During the Fiscal Year" to Add the Authority of the Manager to Redistribute Previously A pproved Appropriations B etween D epartment Accounts; Amending Section 5.1(i) "Elections Commencement of Terms" to Provide that the Term of Elected Office to Commence o n the Thirtieth Day F ollowing the Election; Providing for an Amendment of Section 2.1 "City Commission" to Provide 4 Summary Minutes:Regular City Commission Meeting April 24,2003 City of Sunny Isles Beach,Florida Examples of Legislative Powers; Providing for an Amendment to Section 6.1(c), "Submission to Electors"to Allow Mail Ballot; Providing for an Amendment of Section 7.4 "Charter Revision" to Require Each Commissioner Appoint One Charter Revision Commission Member; Providing for General Elimination of Transition Provisions; Providing for the Permission to Make Technical and Stylistic Amendments; Providing for Copies of the Resolution and Ordinance for Charter Amendments to be Available for Public Inspection; Providing for the City Clerk to Utilize the Services of Miami-Dade County Supervisor of Elections; Requiring the City Commission to Enact an Enabling Resolution; Providing Requisite Ballot Language for Submission to Electors;Providing for Severability; Providing for Notice; Providing for an Effective Date. Action: City Attorney Dannheisser reported. Public Speakers: none Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to adopt the resolution. Resolution No. 2003-535 was adopted by a voice vote of 4-0-1 in favor. 8B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 99-75 and Ordinance No. 2001-142,Entitled "Flood Damage Prevention"; Providing for Amendment of Definitions, General Provisions and Administration; Amending Conditions for Variances; Providing for Severability, Providing for Repealer; Providing for Inclusion in the Code and an Effective Date. (First Reading 4/08/03) Action: Acting City Clerk Hines read the title and City Attorney Dannheisser reported. Public Speakers: none Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to adopt the ordinance. Ordinance No. 2003-169 was adopted by a roll call vote of 4-0-1 in favor. Vote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Kauffman absent Vice Mayor Edelcup yes Mayor Samson yes 5 Summary Minutes:Regular City Commission Meeting April 24,2003 City of Sunny Isles Beach,Florida 9. RESOLUTIONS 9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Designating Kaspar Wire Works, Inc., as a Sole Source Vendor of the Desired Newsracks; Approving the Purchase of Newsracks from Kaspar Wire Works,Inc.,in an Amount Not to Exceed 530,000.00; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and Public Works Director James Watts reported. Public Speakers: none Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to approve the resolution. Resolution No. 2003-536 was adopted by a voice vote of 4-0- 1 in favor. 9B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Amendment No.2 to Agreement by and between the City of Sunny Isles Beach and Vila& Son Landscaping Corp., for Landscape Improvements for State Road A-1-A(Collins Avenue), in an Amount of S31,650.00,Attached Hereto as Exhibit "A";Authorizing the Mayor to Execute Said Amendment;Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of Amendment No. 2;Providing for an Effective Date. Action: Acting City Clerk Hines read the title and Public Works Director James Watts reported and said that this will replace the plants that Jaywalkers had trampled,and noted that there is now a Jaywalking Abatement Program currently in place. City Manager also noted that this replaces the plants by the William Lehman Causeway that the dump truck ran over, and the plants that were stolen. Public Speakers: none Commissioner Iglesias moved and Vice Mayor Edelcup seconded a motion to approve the resolution. Resolution No. 2003-537 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, Approving an Engineering Consultant Agreement by and between the City of Sunny Isles Beach and Marlin Engineering,Inc.,in the Amount of 5128,573.61,Attached Hereto as Exhibit "A", for the Design Work on the Sunny Isles Boulevard/SR826 Traffic Calming Project; Authorizing the Mayor to Execute Said Agreement; Authorizing the 6 Summary Minutes:Regular City Commission Meeting April 24,2003 City of Sunny Isles Beach,Florida City Manager to Take Any and All Action as May be Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and City Manager Russo reported that this project will include reducing lanes from five to four, reducing the width of the lanes to eleven feet, and increase the sidewalk from five feet to fourteen feet on Sunny Isles Boulevard. Commissioner Iglesias noted that this project was approved by FDOT and that there is highway grant money for this project. City Manager Russo introduced Scott Gombar,the Capital Projects Director of Calvin,Giordano&Associates,who reviewed the Proposal from Marlin Engineering, and made a recommendation to approve it. Commissioner Iglesias asked Mr. Sergio Alfonso and Mr. Miguel Soria, from Marlin Engineering,to coordinate with FPL since they will be doing work in the substation,and to look into the teardrop lighting design. Bill O'Leary will also be coordinating the landscaping. Public Speakers: Sergio Alfonso, Executive Vice President,and Miguel Soria,Assistant Vice President of Marlin Engineering Commissioner Iglesias moved and Vice Mayor Edelcup seconded a motion to approve the resolution. Resolution No. 2003-538 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, Approving Amendment No. 1 to Contract by and between the City of Sunny Isles Beach and Spillis Candela & Partners, Inc. for Additional Services as City Hall Threshold Inspector, and to Design a Grease Trap System,with Respect to the New Government Center Facility Located at 18050-18070 Collins Avenue,in the Amount of S46,860.00, Attached Hereto as Exhibit"A"; Providing for Execution by the Mayor; Authorizing the City Manager to Do All Things Necessary to Effectuate Said Amendment; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and Planning and Zoning Administrator Jorge Vera reported. Public Speakers: none Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to approve the resolution. Resolution No.2003-539 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, Reappointing Maurice Donsky as Special Master in Accordance with Ordinance No. 7 Summary Minutes:Regular City Commission Meeting April 24,2003 City of Sunny Isles Beach,Florida 2001-141; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and City Manager Russo reported. Public Speakers: none Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to approve the resolution. Resolution No.2003-540 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 Professional Services Agreement by and between the City of Sunny Isles Beach and the Altius,Inc.,for Consulting Services for the Design and Production of Branding to Various Materials, in an Amount Not to Exceed S24,500.00 per Fiscal Year, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and Administrative Services Director Alyce Hanson reported. Public Speakers: none Commissioner Iglesias moved and Vice Mayor Edelcup seconded a motion to approve the resolution. Resolution No. 2003-541 was adopted by a voice vote of 4-0-1 in favor. 9G. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Pursuant to Resolution No. 2003-524 Calling a Special Election on Proposed Amendments to the City Charter to be Held on June 10, 2003,Providing for City Commission Designation of Two Registered Voters Who Shall Serve with the City Clerk as the Canvassing Board for the Special Election on June 10, 2003; Providing for Conducting the Election, Polling Places, Form of Ballot, Voter Registration,Notice of Election; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and reported. Public Speakers: none Commissioner Goodman moved and Commissioner Iglesias seconded a motion to defer this item until after second reading of the Canvassing Board Ordinance on May 15, 2003. Deferral was approved by a voice vote of 4-0-1 in favor. 8 Summary Minutes:Regular City Commission Meeting April 24,2003 City of Sunny Isles Beach,Florida 911. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2002-472, Establishing a Revised Schedule for City Commission Meetings for the Calendar Year 2003,by Scheduling a City Commission Meeting the First Thursday of the Month, as Needed, for Zoning Hearings; Authorizing the City Clerk to Notice the Public of any Meeting Cancellations; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and reported. It was agreed to change the starting time of the Zoning Hearings to 7:00 p.m., and that the October meeting may be changed as Vice Mayor Edelcup had a conflict with October 1, 2003. It was decided to defer this item to the next meeting so that Commissioner Kauffman can be in attendance. Public Speakers: none Commissioner Goodman moved and Commissioner Iglesias seconded a motion to defer this item to May 15, 2003. Deferral was approved by a voice vote of 4-0-1 in favor. • 10. MOTIONS None 11. DISCUSSION ITEMS 11A. Discussion regarding Resident On-Street Permit Parking. Action: [City Clerk's Note: A Site Plan for the Passive Park and for the Active Park Areas were distributed, as well as a report entitled "Resident-Only Accessory Parking Concept" prepared by Code Enforcement & Licensing Director through the City Manager.] City Manager Russo reported and introduced Code Enforcement and Licensing Director, Christopher Steers, who made the presentation. Mr. Steers stated that because of development of our Passive Park, Gwen Margolis Park, and the future plans for development of a community center and ball field on the Active Park site,it has created a need for parking. Mr. Steers reported that retrofitting of approximately thirty-six parking spaces along Atlantic Boulevard has already been accomplished and is within walking distance of the Active Park site. He stated that there are two additional accessory parking conceptual plans that create about 111 new restricted parking spaces that are close to the active park and the passive park sites, and the plans preserve the exclusivity of the surrounding areas by restricting the use of the spaces for "Resident Only" Decal Parking, through permitting and signage (no metered parking). He asked Administrative Services 9 Summary Minutes:Regular City Commission Meeting April 24,2003 City of Sunny Isles Beach,Florida Director Alyce Hanson to help in designing the parking decals. Mayor Samson asked if a car parks without a decal, and they have been warned, and continue to park there, can it be towed, and Mr. Steers said yes, that it can be immediately towed. Public Speakers: Lewis Thaler Lewis Thaler asked how many new parking spaces would be created in total, and Mr. Steers responded that there would be 111 new spaces. Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the Resident-Only Accessory Parking Concept. The conceptual plan was approved by a voice vote of 4-0-1 in favor. 11B. Discussion of Conceptual Approval of the Atlantic Isle Stone Bridge Landscaping and Lane Narrowing Project. Action: [City Clerk's Note: City Manager Russo handed out two conceptual site plans at the meeting.] City Manager Russo reported on landscaping and lane narrowing of the Atlantic Isle Stone Bridge and that there is a weight limitation on the bridge that will not allow large trucks to cross. The next step is to go out to bid on this project. Vice Mayor Edelcup commended City Manager Russo and Vila Landscaping. Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve the conceptual plan. The conceptual plan was approved by a voice vote of 4-0-1 in favor. 12. CITIZENS' FORUM: REQUESTS,PETITIONS&OTHER COMMUNICATIONS None 13. ADJOURNMENT Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to adjourn the meeting. The motion was adopted by a voice vote of 4-0-1 in favor and the meeting was adjourned at 8:27 p.m. Respectfully submitted by: Approved • e City • iesion on May 15, 2003 �` A / .. , JaneiA. Hines, Acting-City Clerk David Samson, Mayor a • 10