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
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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
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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
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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.
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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.
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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.
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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
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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
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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
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Jane A. Hines, CMC, City Clerk
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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