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HomeMy WebLinkAbout2009-0618 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, June 18,2009,6:30 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 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 Acting City Manager Rick Conner City Attorney Hans Ottinot City Clerk Jane A. Hines, CMC Assistant City Manager/Services Jorge Vera Assistant City Attorney Fernando Amuchastegui 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Arthur Forman led the Pledge of Allegiance to the flag, and City Historian Richard C. Schulman gave the invocation. Mayor Edelcup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - May 21, 2009. Action: Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5- o in favor. 3B. Special City Commission Meeting - June 5, 2009. Action: Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of5- o in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Revised Item 9B. Ordinance re: Rental of Parking Lot Spaces; Add- On Items 101. Payment to FPL, and 10J. Agreement with Rick Conner as City Manager; Hear out of Order: Items 1 OF. FlU, and 10E. Sunflower Society, before Item 10A. 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 June 18,2009 City of Sunny Isles Beach, Florida 5. SPECIAL PRESENT A TIONS SA. Presentation/Overview by Sally Alayon, Principal of the New State School QQQ-l (Adjacent to FlU), for 9th and 10th Grade Students. Action: Principal Sally Alayon congratulated the City and the Sunny Isles Beach K-8 Community School upon earning an "A" with the Florida Comprehensive Assessment Test. She presented a PowerPoint of the programs being offered at the new state-of-the-art high school "Alonzo and Tracy Mourning Sr. High Biscayne Bay Campus". Sunny Isles Beach children will also be attending this school which is opening on August 24, 2009 for 9th and 10th grades. The high school and FlU are working collaboratively to deliver a first class, rigorous curriculum with a "School- Within-A-School/ Academy Model" concept. Wilbur T. Holloway, School Board Member, was also present and asked for the support and involvement of the community. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. None 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 256 of the City Code to Reduce the Warning Period for Red Light Traffic Violators from 90 Days to 30 Days and Renumbering the "Dangerous Intersection Safety Act" from Article III to Article IV; Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Hines read the title, and Acting City Manager Conner reported. Public Speakers: none Vice Mayor Thaler noted that we are conforming to the surrounding commumtles. Commissioner Goodman asked when the cameras will be installed, and Acting City Manager Conner said tomorrow morning we will begin working with the contractor and getting them into place as quickly as we can. They will be installed in two intersections at 172nd Street and 174 th Street and Collins Avenue, with two poles at each intersection and it takes two cameras per direction per intersection. Commissioner Scholl moved and Vice Mayor Thaler 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 16,2009, at 6:30 p.m. Vote: Commissioner Brezin Commissioner Goodman Commissioner Scholl Vice Mayor Thaler Mayor Edelcup yes yes yes yes yes 2 Summary Minutes: Regular City Commission Meeting June 18, 2009 City of Sunny Isles Beach, Florida 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Relating to the Sea Turtles Protection, Turtle Nesting Protection Regulations; Providing for Purpose and Intent; Providing for Definitions; Providing for Prohibited Activities; Providing for Lighting Standards on Existing and New Developments in the Public Beach Area in the MUR District; Providing for Penalties for Violation; Providing for Severability; Providing for Repealer; Providing for Codification; Providing for an Effective Date. (First Reading 12/18/08 - Deferred from 01/15/09 & 03/19/09) Action: City Clerk Hines read the title and Assistant City Manager/Services Jorge Vera reported. Public Speakers: none Commissioner Brezin moved and Commissioner Goodman seconded a motion to approve the ordinance on second reading. Ordinance No. 2009-324 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 9B. An Ordinance of the City Commission ofthe City of Sunny Isles Beach, Florida, Amending Section 256-14 of the Vehicles and Traffic Code Relating to Rental of Parking Lot Spaces for Special Events; Establishing Hourly Parking Fees at Various Parking Meter Locations; Establishing Application Renewal; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 5/21/09) Action: [City Clerk's Note: A Revised Ordinance was distributed prior to the meeting. See action under Item 4A.] City Clerk Hines read the title and Assistant City Manager Vera reported. Public Speakers: none Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the ordinance on second reading, as amended. Ordinance No. 2009-325 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 3 Summary Minutes: Regular City Commission Meeting June 18, 2009 City of Sunny Isles Beach, Florida 9C. Sitting in as the Local Planning Agency and the City Commission, to Consider an Ordinance Amending the Land Development Regulations (LDRs) 9C.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 Section 265-710f the Landscape Code "Minimum Design Standards", Relating to Hurricane Preparation, Attached as Exhibit "A"; Providing for an Effective Date. Action: City Clerk Hines read the title. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. LP A Resolution No. 2009-56 was adopted by a voice vote of 5-0 in favor. 9C.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-710f the Landscape Code "Minimum Design Standards", Relating to Hurricane Preparation; Providing for Severability; Providing for Inclusion in the Code; Providing for Repealer; Providing for an Effective Date. (First Reading 5/21/09) Action: City Clerk Hines read the title and Assistant City Manager Vera reported. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the ordinance on second reading. Ordinance No. 2009-326 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 yes Mayor Ede1cup yes 9D. An Ordinance ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Amending Chapter 14 of the City of Sunny Isles Beach Code of Ordinances to Provide for Abatement Procedures and Authorizing the City to Recover its Costs and File a Lien; Providing for Severability; Providing for Inclusion in the Code; Providing for Repealer; Providing for an Effective Date. (First Reading 5/21/09) Action: City Clerk Hines read the title and Assistant City Manager Vera reported. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the ordinance on second reading. Ordinance No. 2009-327 was adopted by a roll call vote of 5-0 in favor. 4 Summary Minutes: Regular City Commission Meeting June 18, 2009 City of Sunny Isles Beach, Florida Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Ede1cup yes 9E. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 14 of the City of Sunny Isles Beach Code of Ordinances to Provide that Code Enforcement Liens Shall have Priority Equal to Taxes and Superiority to All Other Liens and Encumbrances; Providing for Severability; Providing for Inclusion in the Code; Providing for Repealer; Providing for an Effective Date. (First Reading 5/21/09) Action: City Clerk Hines read the title and Assistant City Manager Vera reported. Public Speakers: none Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the ordinance on second reading. Ordinance No. 2009-328 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Ede1cup yes 9F. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 238 of the City Code to Establish New Guidelines for Right-of-Way Management; Providing for Repealer; Providing a Severability Clause; Providing for Inclusion in the Code; Providing for an Effective Date. (Utilities: Paint on Sidewalks) (First Reading 5/21/09) Action: [City Clerk's Note: A Revised Ordinance was distributed.) City Clerk Hines read the title and Acting City Manager Conner reported noting that they met with the utility companies and were able to reach a compromise that the utilities and the City are very comfortable with. . Public Speakers: Dr. Wilbert T. Holloway Mayor Edelcup said for years this has been one of his chief complaints as he walked through the City to see the "legal" graffiti that the utilities have left on our sidewalks particularly after they have been recently repaved or refinished. This is a timely ordinance that now puts the responsibility back where it belongs on the utility to clean it up. Dr. Wilbert T. Holloway, Area Director with AT&T Florida, thanked staff for working with the utility companies and coming to this amended version of the Ordinance which gives a type of paint and allows them a little more time to get the work done, and so they are pleased with this revised ordinance. City Attorney Ottinot explained the revisions to the Ordinance: 5 Summary Minutes: Regular City Commission Meeting June 18, 2009 City of Sunny Isles Beach, Florida 1) moved the permit time from 10 days to 20 days; and 2) on vegetative surfaces not sidewalks, it allows water-based paint, initially we only had acrylic. Vice Mayor Thaler asked ifthe other utility companies are comfortable with this, and Dr. Holloway said we are speaking of the industry and the locator companies that are within the industry who will be doing this particular identifying mark and they said they are comfortable in utilizing this type of paint, and it is better on pavers because it is easier for them to wash it off. Acting City Manager Conner noted that there is one other proposal that came from these discussions, a lot of these markings are from the design process, an engineering firm will have the entire area marked and then just do their plans and so there is no construction to follow it up and that paint just sits there forever. The proposal was, during that design process, it has to be done on paper unless there is a unique situation, they can't just mark up the street. Commissioner Scholl said then, the number of markings will be mitigated if we make them design on paper as opposed to laying out the grit. Acting City Manager Conner said that is correct however that is not part of what we brought you tonight but having developed these discussions we have come up with other ideas. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the ordinance on second reading, as amended. Ordinance No. 2009-329 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes [City Clerk's Note: Items IOF and IOE were heard after this item.] 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Lease Agreement! Airspace Agreement ("Lease Agreement") with the Florida Department of Transportation ("FDOT") for Parking Space Located Under the Sunny Isles Boulevard Causeway Bridge; Authorizing the Mayor to Execute Said Lease Agreement; 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: This item was heard after Item IOE.] City Clerk Hines read the title, and City Attorney Ottinot reported noting that this is a renewal of the Lease Agreement with FDOT. Public Speakers: none Vice Mayor Thaler asked if this was done every year, and City Attorney Ottinot said every five years. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2009-1433 was adopted by a voice vote of 5-0 in favor. 6 Summary Minutes: Regular City Commission Meeting June 18, 2009 City of Sunny Isles Beach, Florida lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding RFQ No. 09-03-01 for Professional Construction Services for the Heritage Park and Parking Garage, Attached Hereto as Exhibit" A", to Coastal Construction Company; Authorizing the City Manager to Negotiate and Enter into an Agreement with Coastal Construction Company, in Substantially the Same Form, in the Amount Not to Exceed $9,250,000.00, as the Agreement Attached Hereto as Exhibit "B", Provided that Agreement is Approved as to Form and Legal Sufficiency by the City Attorney; Further, Providing the City Manager with the Authority to Do All Things Necessary to Effectuate the Terms ofthis Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title, and Acting City Manager Conner reported and presented renderings on the concept of the project including the Heritage Wall. We are approximately $4.75 Million under budget. Public Speakers: Juan Crespi Juan Crespi, resident and Architect, presented a rendering and handout by Architects International, Inc. of the Golden Shores area with a proposed path from Golden Shores, under the William Lehman Causeway, to the Park. He suggested putting in an access point in the back of the Park, it is a safe route without crossing any major streets, however" it will need improved lighting. Acting City Manager Conner said he thinks it is a good proposal and it will make the perfect connection on the back southwest corner of the park. Mayor Edelcup agreed it was a good solution and helps bridge the problem that we always had of the disconnect in the City with the Lehman Causeway. We have so many children in the Golden Shores area and this will get them safely to the new Park. Mayor Edelcup asked if we can also have a bike path there, and Acting City Manager Conner said yes. Vice Mayor Thaler said by doing this we will have a bike path all the way up to 16ih Street bridge. Mayor Edelcup noted there may be grant money available for the bike path. Commissioner Scholl asked if we would have to have a new agreement with FDOT in order to have this, and Acting City Manager Conner said we already have an agreement for that area, and they are very supportive of this but they also said it needs to be lit up. Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2009-1434 was adopted by a voice vote of 5-0 in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Payment of the Performance Bond Premium for the Emergency Debris Removal Contractor; 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 Acting City Manager Conner reported, recommending that the City pay the bond each year, and when a hurricane does impact us, the Contractor would reimburse the City on all money spent on the bonds. Public Speakers: none Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve this resolution. Resolution No. 2009-1435 was adopted by a voice vote of 5-0 in favor. Summary Minutes: Regular City Commission Meeting June 18, 2009 City of Sunny Isles Beach, Florida 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Apply for, Receive and Expend Monies from the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) in the Amount of $17,614.00, to Purchase a Polaris Ranger 4x4 ATV Type Vehicle and Supplement the Purchase of a Second of the Same; Authorizing the Mayor to Execute Said Grant Application; 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 Police Captain Michael Grandinetti reported noting they were short $1,800 for the second vehicle and will pay it out of Capital budget. Public Speakers: none Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2009-1436 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 Acceptance of a Donation in an Amount of$2,500.00 from the Sunflower Society to Sponsor Children to Attend the City Summer Day Camp Program; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: This item was heard after Item lOF] City Clerk Hines read the title, and Cultural and Human Services Director Susan Simpson reported noting that this donation will sponsor three children to attend the Summer Day Camp Program. Public Speakers: Marjory York Marjory York of the Sunflower Society introduced their members and pledged the donation in memory of Connie Morrow who started this tradition here in the City. Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve this resolution. Resolution No. 2009-1437 was adopted by a voice vote of 5-0 in favor. 10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City to Participate in the "Prestige Cultural Series at Biscayne Bay Campus 2009- 2010" Program, and Authorizing a Charitable Contribution to the Biscayne Bay Campus of Florida International University (FlU), in the Amount of $2,500.00; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: This item was heard after Item 9F] City Clerk Hines read the title, and Cultural and Human Services Director Susan Simpson reported, and introduced Jan Solomon, Development Officer for the Vice Provost Office of the Biscayne Bay Campus of Florida International University. Public Speakers: Jan Solomon 8 Summary Minutes: Regular City Commission Meeting June 18, 2009 City of Sunny Isles Beach, Florida Vice Mayor Thaler said these are basically joint ventures and we will run our buses over to FlU and the people of Sunny Isles Beach will have the opportunity to go to each and everyone and have the service of getting over there. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2009-1438 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 an Easement Agreement with North Miami Beach Water Department for Water Meters Located Within Pelican Community Park; Authorizing the City Manager to Execute Said Agreement in Substantially the Same Form as the Attached 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 Vera reported. Public Speakers: none Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve this resolution. Resolution No. 2009-1439 was adopted by a voice vote of 5-0 in favor. 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Purchase of Office Furniture from J. C. White for the Sunny Isles Beach Government Center, Under State of Florida Government Contract No. N061060, in an Amount Not to Exceed $29,594.01, 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 Acting City Manager Conner reported noting this is for: 1) cabinetry and additional furniture in the 4th Floor Conference Room; 2) the front desk greeting facilities and work area on the 3rd floor; 3) create an additional conference room and training room on 4th floor; and 4) split a large work station into two smaller work stations on the 4th floor. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2009-1440 was adopted by a voice vote of 5-0 in favor. 101. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida Approving Payment to Florida Power and Light Company ("FPL") for Undergrounding Utility Line in Senator Gwen Margolis Park, in the Amount of$16,073.81, 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's Note: Documents distributed prior to the meeting. See action under Item 4A.] City Clerk Hines read the title, and Assistant City Manager Vera reported. 9 Summary Minutes: Regular City Commission Meeting June 18,2009 City of Sunny Isles Beach, Florida Public Speakers: none Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve this resolution. Resolution No. 2009-1441 was adopted by a voice vote of 5-0 in favor. 10J. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Patrick ("Rick") Conner for the Position of City Manager of the City of Sunny Isles Beach, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Providing the City Attorney with the Authority to Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective Date. Action: [City Clerk's Note: Documents distributed prior to the meeting. See action under Item 4A.] City Clerk Hines read the title, and Mayor Edelcup reported noting that this is effective on Monday, June 22, 2009. Public Speakers: none Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve this resolution. Resolution No. 2009-1442 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS None 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. Tortia Bardillia said the pavers on Dade Gallahad Boulevard are sinking. Acting City Manager Conner said it is already part of the Heritage Park and Parking Garage Project. The road will be rebuilt with a wider street of two lanes eastbound, and the sewer lines will also be taken care of. Mayor Edelcup suggested when the street is rebuilt, to rename the street because the Dade Gallahad Apartments have been gone a long time. 14. ADJOURNMENT Commissioner Goodman moved and Commissioner Scholl seconded a motion to adjourn the meeting. Mayor Edelcup adjourned it at 7:51 p.m. Respectfully submitted by: ~kL,; Jane A. Hines, CMC~.City Cl.erk Approved by the City Commission on July 16, 2009 10 Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (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: 7/16/2009 RE: Approval of Summary Minutes of the Regular City Commission Meeting of June 18, 2009 RECOMMENDATION: The Summary Minutes of the Regular City Commission Meeting of June 18, 2009 is presented for your consideration. REASONS: A TT ACHMENTS: . Summary Minutes Date 3Pr 1- llo-09_ Agenda Item httn.ffcih!'lCTpnrl!'l cihfl npt/~opnrb/Prpvipw ~'mx?TtemTn=h1&MeetinQTD=