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HomeMy WebLinkAbout2010-0520 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, May 20, 2010,6:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIQR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORM A TION. AGENDA 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 6:30 p.m. with the following officials present: Mayor Norman S. Edelcup Vice Mayor Lewis J. Thaler Comm. Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl City Manager Rick Conner City Attorney Hans Ottinot Assistant City Manager/Services Jorge Vera City Clerk Jane A. Hines, CMC Assistant City Attorney Fernando Amuchastegui 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Judge Flora Seffled the Pledge of Allegiance to the flag, and City Historian Richard C. Schulman gave the invocation. Police Chief Fred Maas noted that two years ago Judge Seff was presented with a Law Enforcement Officers A ward as the Prosecutor of the Year. Mayor Edelcup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - April 15, 2010. Action: Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5- o in favor. 4. ORDER OF BUSINESS (AdditionslDeletions/Amendments) 4A. Request to Hear Items. Deferral: Item 10e. Purchase of Concession stand for Skateboard Park; Withdraw Item lOG. Charitable Contribution to Jewish Community Services, and Item 10K. Agreement with Argent System Inc.; Revised Item 10L. Resolution re: Bill of Sale to W ASD; Additional Information: Item 12A. Memorandum of Understanding with Raanan Katz. Action: Mayor Edelcup noted the above changes to the agenda. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the above changes to the agenda. The motion was approved by a voice vote of 5-0 in favor. Summary Minutes: Regular City Commission Meeting May 20,2010 City of Sunny Isles Beach, Florida 5. SPECIAL PRESENT A TIONS 5A. A Presentation to Police Sergeant Ken Hackett Upon his Retirement, and to Police Officer Katie Hunker-Turner who is Moving Away. Action: Police Chief Maas noted that Police Officer Katie Hunker-Turner's husband is in the military and is being reassigned to Jacksonville, Florida, and was unable to attend tonight's Commission meeting. He presented retired Police Sergeant Ken Hackett (and his wife) a plaque of his three badges worn while on duty with the City, and Mayor Edelcup read the Proclamation into the record and presented it to Sergeant Hackett. 5B. A Proclamation to be Presented to Sid Gersh Declaring May 20, 2010 as "Sid Gersh Day in Sunny Isles Beach". Action: Mayor Edelcup read the Proclamation into the record and presented it to Sid Gersh (and his wife) for all the public service he has done over the years for this community and surrounding municipalities. Mr. Gersh thanked the Commission and presented Mayor Edelcup with an autographed NFL Miami Dolphin Football in celebration of his recent birthday. 5e. A Proclamation to be Presented Proclaiming the Week of May 16 - 22, 2010 as "National Public Works Week in the City of Sunny Isles Beach". Action: Mayor Edelcup read the Proclamation into the record and presented it to Acting Public Works Director Rob Williamson and Administrative Assistant Marlen Martell. 5D. A Proclamation to be Presented Proclaiming the Week of May 24 - 31, 2010 as "National Beach Safety Week in the City of Sunny Isles Beach". Action: Mayor Edelcup read the Proclamation into the record and presented it to Ocean Rescue Supervisor Justin Broman. 6. ZONING None 7. ORDINANCES FOR FIRST READING None 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 2 Summary Minutes: Regular City Commission Meeting May 20,2010 City of Sunny Isles Beach, Florida 9. ORDINANCES FOR SECOND READING (Public Hearings) Sitting in as the Local Planning Agency and the City Commission, to Consider the Following Ordinance Amending the Land Development Regulations (LDRs): 9A.l A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida, Recommending to the City Commission of Sunny Isles Beach, the Ordinance Amending its Comprehensive Plan to Update the Capital Improvements Element Five-Year Capital Improvements Schedule, Attached as Exhibit "A", and the Required Transmittal to the State Land Planning Agency; Providing for an Effective Date. Action: City Clerk Hines read the title. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. LP A Resolution No. 2010-62 was adopted by a voice vote of 5-0 in favor. 9A.2 An Ordinance of the City Commission ofthe City of Sunny Isles Beach, Florida, Amending its Comprehensive Plan to Update the Capital Improvements Element Five-Year Capital Improvements Schedule Pursuant to Section 163.3177(3 )(B) 1., Florida Statutes (F.S.) and Rule Chapter 9J-5.016(5), Florida Administrative Code (F.A.C.); Providing that the Text, as Amended or Revised, Shall be Substituted for and Replace in Full the Existing Text in the Adopted Capital Improvements Element; Providing for Transmittal of the Adopted Amendment to the State Land Planning Agency; Providing a Conflicts Clause and a Severability Clause; Providing an Effective Date; and for Other Purposes. (First Reading 04/15/10) Action: City Clerk Hines read the title, and Mayor Edelcup reported. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2010-345 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler ~ Mayor Edelcup yes 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Shorty's Bar-B-Q for Catering Services for the City's 13th Anniversary Celebration on Sunday, June 13, 2010, in an Amount Not to Exceed $24,127.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Cultural and Human Services Director Susan 3 Summary Minutes: Regular City Commission Meeting May 20. 2010 City of Sunny Isles Beach, Florida Simpson reported. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2010-1559 was adopted by a voice vote of 5-0 in favor. lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Apply For, Receive and Accept a Safe Neighborhood Parks (SNP) Bond Program Grant with Miami-Dade County, for the 16100 Collins Avenue :lM SuaRY Isles Boule~lard Park Project, in the Amount of $200,000.00; Authorizing the City Manager to Take Any and All Action Necessary with Respect to the Obtaining and Distribution of Grant Monies, as Appropriate, and to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Conner revised the address to 16100 Collins Avenue. Public Speakers: none Commissioner Scholl moved and Commissioner Goodman seconded a motion to approve this resolution, as amended. Resolution No. 2010-1560 was adopted by a voice vote of 5-0 in favor. 10e. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Purchase of a Prefabricated Concession Stand Unit from AES Precast Company, Inc. for the Skateboard Park Within Town Center Park, in an Amount Not to Exceed $18,500.00, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: Deferred to June 17,2010 in order to look into purchasing a larger building. 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Ten (10) Year Extension for the Useful Life of Development Rights Owned by Fort Apache Marina LLe., Providing that Required Annual Payments are Made to Preserve Such Rights; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager/Services Jorge Vera reported noting that the owner will be paying $2,741.00 annually. Public Speakers: none Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve this resolution. Resolution No. 2010-1561 was adopted by a voice vote of 5-0 in favor. 4 Summary Minutes: Regular City Commission Meeting May 20, 2010 City of Sunny Isles Beach, Florida 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Industrial Shadeports, Inc. to Furnish and Install a Covered Walkway for Pelican Community Park, in an Amount Not to Exceed $18,000.00 $17,255.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: A sketch was handed out.) City Clerk Hines read the title. City Manager Conner changed the amount to $18,000.00 to cover any unexpected costs. Assistant City Manager/Services Jorge Vera reported. Public Speakers: none Mayor Edelcup asked for a date of installation or a penalty for failure to perform by a specific date. Mr. Vera said once the order is placed, it will take 4 to 6 weeks, and we will put in the contract a date specific and penalty. Mayor Edelcup said to approve it with the condition that a specific date be inserted into the contract before it is executed and that a penalty also be provided for, in the event that they are failing to perform in accordance with the contract. He said to come up with an appropriate penalty but it needs to be a monetary penalty, and for our purposes, we will be expecting a July 1 installation date. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve this resolution, as revised. Resolution No. 2010-1562 was adopted by a voice vote of5-0 in favor. [City Clerk's Note: Industrial Shadeports, Inc. has pulled out of this project.) 10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying an Existing Utility Easement Agreement with Florida Power & Light Company ("FPL") for Heritage Park, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager/Services Jorge V era reported. Public Speakers: none Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve this resolution. Resolution No. 2010-1563 was adopted by a voice vote of 5-0 in favor. lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Charitable Contribution to the Jewish Community Services, in an Amount Not to Exceed $8.000.00 $14,000.00, to be Used as Rent to Provide a Daily Congregate Meal Program for Seniors in Sunny Isles Beach; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: Withdrawn as this will be paid out of the operating budget for FY 2009/2010. 5 Summary Minutes: Regular City Commission Meeting May 20, 2010 City of Sunny Isles Beach, Florida 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Consultant Agreement with Calvin, Giordano and Associates, Inc. to Provide Capital Improvement Projects Management Services, in an Amount Not to Exceed $55,000.00 $130,000.00 Annually, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Conner asked that 1) the proposal be changed to an amount not to exceed $55,000.00 for this fiscal year, and 2) on page 100 there are three special provisions, we recommend eliminating the first two, the third one is appropriate. Mayor Edelcup said in clarification, by eliminating that it makes the contract term stand that termination can be with seven (7) days notice, and that this amount will take us to September 30,2010, if we haven't found a permanent project manager. Public Speakers: Chris Giordano Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve this resolution, as amended. Resolution No. 2010-1564 was adopted by a voice vote of5-0 in favor. 10I. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Declaring Consideration of a Temporary Moratorium on the Acceptance and Processing of Any Application for Demolition of Any Non-Residential Building or Structure Pending the City's Study of Potential Additions to the Existing Designations of Historic Landmarks Under the City Historic Landmarks Code, Chapter 171 of the Code of Ordinances; Providing for Severability; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting that the purpose of this resolution is to maintain status quo at any time when the City Historic Preservation Board is considering a potential site as an historic site. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2010-1565 was adopted by a voice vote of 5-0 in favor. 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Second Quarter Budget Amendments to Fiscal Year 2009/2010 Budget: General Fund, Capital Improvement Projects Fund, 2010 Capital Projects Fund, and Land Bank Trust Fund; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager/Finance Minai Shah reported. Mayor Edelcup noted that they went over this in detail at the Workshop. Public Speakers: none Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve this resolution. Resolution No. 2010-1566 was adopted by a voice vote of 5-0 in favor. 6 - Summary Minutes: Regular City Commission Meeting May 20, 2010 City of Sunny Isles Beach, Florida 10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Consultant Agreement with Argent System, Inc., to Provide Information Technology Services, in an Amount Not to Exceed $100,000.00 Annually, Attached Hereto As Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: Withdrawn. See action under Item 4A. 10L.A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Bill of Sale for the Sanitary Sewer System Improvements on Atlantic Isles as Part of the Sunny Isles Beach CGA Project 05-4893, to the Miami-Dade Water and Sewer Department, in Substantially the Same Form as Attached Hereto as Exhibit "A"; Providing the City Manager and the City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: A revised Resolution was distributed prior to the meeting. See action under Item 4A.) Mayor Edelcup passed the gavel to Vice Mayor Thaler and he, along with Commissioner Scholl, abstained as they are property owners on Atlantic Isles. City Clerk Hines read the title, and City Manager Conner reported. Public Speakers: none Commissioner Brezin moved and Commissioner Goodman seconded a motion to approve this resolution. Resolution No. 2010-1567 was adopted by a voice vote of 3-0-2 (Mayor Edelcup and Commissioner Scholl abstained) in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Discussion regarding the Possible Development of an Agreement with Raanan Katz for the Proposed Collins Avenue Streetscape Extension. Action: [City Clerk's Note: A Memorandum of Understanding with Raanan Katz was distributed prior to the meeting. See action under Item 4A.) City Manager Conner reported that this is an opportunity to move forward with our streetscape program, and the essence of this agreement is that the City will build the sidewalk section as we have been doing on the west side of Collins Avenue moving south through the City, and we will continue that work in front of the two shopping centers at 171 st to 168th Streets. The property owner, Raanan Katz, will develop the 10- foot area behind that on private property with the same landscaping considerations that we have installed in the other areas up to an amount of $150,000, and beyond that amount the City would contribute to finish that area with those amenities. It is our estimate that we will have an expenditure of $150,000 and Mr. Katz will have an expenditure of$150,000 and his expenditure will be credited against his future payments for his naming rights on the gymnasium at Pelican Community Park. Public Speakers: none 7 Summary Minutes: Regular City Commission Meeting May 20,2010 City of Sunny Isles Beach, Florida Mayor Edelcup said for the record that Mr. Katz offered to make the payment in order for us to accelerate the development which otherwise would have been all at our cost anyway, as it has been at the 183 rd to 180th Shopping Center. The landscaping and the sidewalk are the City's responsibility and our beautification project, but in order to induce the City to move quicker and to provide the additional funds so that the City could move quicker, Mr. Katz is making this $150,000 prepayment on his naming rights at the basketball gymnasium in order to accelerate the development of the improvement ofthe streetscape and to that end he thinks it is a very good win-win situation. City Attorney Ottinot said it is basically the internals of the public aspect of it, he thinks the City Manager will bring back an extension of the T enex contract for approval and with respect to the private aspect, he thinks direction to the City Manager to follow through on this is all that is needed. Commissioner Scholl asked if we are managing all the work, or is RK managing a portion and the City is managing a portion, and City Manager Conner said as the agreement stands we would manage the portion involving the pavers, the sidewalk portion, and RK would manage the portion on the public easement, the landscaping easement. Commissioner Scholl asked how we ascertain that we are staying within the same integrity of the landscaping that we have already put in, and City Manager Conner said we have a set of plans that have been created for that project and the agreement is that it references those plans. Commissioner Scholl said then that the agreement binds him to the plans and specifications that ensure us that we will have the same architectural integrity or landscape integrity in the process. City Attorney Ottinot said that is correct, it also has to be identical to the landscaping project on 180th Street and RK has submitted plans to the City Manager for review and approval, and he thinks the City will present those plans to an outside reviewing agency, and so we have some formal control over the plans. Commissioner Goodman said it was always his recollection to make the sidewalk a little wider, and Mayor Edelcup said the sidewalk was never made wider, we asked for an easement to do the landscaping to the west of the sidewalk, and that is what we have done from the north end of the City to the south end of the City. City Manager Conner stated that RK said they would pay for an architect to do the actual design on the segment and so we provided his architect the plans from the prior segments and said that they must repeat these plans, they did, and we verified it. City Attorney Ottinot asked if the City Manager has the authority to extend the contract with Tenex to cover 171st and 168th for the sidewalk improvements, and to come back with a change order to ratify it. Mayor Edelcup said to call this one Phase 3 because there are still a couple more phases yet to go, and with that you have the clear instruction to move forward with it, and we are happy to get the landscaping done sooner. 12B. Discussion on the Establishment of a Cultural/Multi Media Center on Behalf of the City Advisory Committee/Cultural Fine Arts and Enrichment Sub Committee. Action: [City Clerk's Note: Bob Caplan handed out a Preliminary Report on the Cultural Multi-Media Center Conceptual Proposal at the May 19, 2010 Workshop.] City Manager Conner noted at the last City Advisory Committee (CAC) meeting, Bob Caplan made a presentation regarding a Cultural Center, and the Committee took a vote to support the idea 8 - Summary Minutes: Regular City Commission Meeting May 20, 2010 City of Sunny Isles Beach, Florida and recommended that he present this information to the City Commission. Public Speakers: Bob Caplan; Bob Welsh Bob Caplan, Chair of the CAC Cultural Fine Arts and Enrichment Sub Committee, said with the planned redevelopment of the south end ofthe City, it is the ideal time to incorporate a Cultural Arts Center in this project. Every real estate indicator shows our emergence from the surplus to the resurgence resulting in increased revenues for the City, this means three things: 1) the City's revenues will increase and will continue to do so; 2) our land values will be increasing; and 3) the City is in a stronger position with developers to negotiate with those who want a stake in the City. He handed out a supplementary report to help clarify how they envision the Cultural Center to function. He said he had a discussion with Arthur Hertz about integrating this concept into his project, we need a location and until we have a location we don't have a destination. He is asking the Commission to adopt this project and encourage its development, and to direct the City Manager to involve them as liaison between potential developers to establish the design and function criteria of this facility. Bob Welsh thanked Bob Caplan and his Committee for their input into this project and he summarized that Mr. Caplan is asking the Commission to support his efforts to explore getting this Cultural Center without a cost to the City. After discussion it was the consensus of the City Commission to support the idea to put the concept into a building project whether it is the concept that was laid out from Arthur Hertz for the Seaquarium or other possibilities throughout the City. Overall, it is a very good concept to get started with. Commissioner Scholl is happy to see someone from the community take some initiative, as it takes vision and leadership to get anything accomplished. Mayor Edelcup said it is a wonderful concept and is glad that we have an advisory committee set up to be able to create some of these wonderful new thoughts and processes for our City, and he commended Mr. and Mrs. Caplan and the Committee for all their hard work. They have the entire support of the Commission to move forward with Arthur Hertz or any other developer, and hopefully they can bring to the City a wonderful gift that is tax free to our residents and yet benefits them and all the visitors to our City. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 14. ADJOURNMENT Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to adjourn the meeting, and Mayor Edelcup adjourned it at 7:42 p.m. Respectfully submitted by: Approved by the City Commission on June 17,2010 ~ 9 ~AL Jane A. Hines, CMC, City Clerk Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 3ft (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Jane A. Hines, CMC, City Clerk DATE: 6/17/2010 RE: Summary Minutes for the May 20, 2010 City Commission Meeting RECOMMENDA TION: Attached for your consideration are the Summary Minutes for the May 20, 2010 Regular City Commission Meeting. REASONS: N/A A TT ACHMENTS: . Summary Minutes http://sibagenda.sibfl.net/agendalPreview.aspx?ItemID=271 &MeetingID=O&MeetingDate=... 6/312010