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HomeMy WebLinkAbout2009-1015 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, October 15, 2009, 6:30 p.m. City of Sunny Isles Beach, Florida A TTENTION ALL LOBBYISTS: CITY LAW REOUlRES 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 City Attorney Hans Ottinot Assistant City Manager/Services Jorge Vera Assistant City Clerk Mauricio Betancur Assistant City Attorney Fernando AmucMstegui 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Assistant Community Development Director Helena Forbes 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. Special City Commission Meeting/ls1 Budget Hearing FY 2009/2010 - Sept. 10,2009. Action: Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. 3B. Regular City Commission Meeting- September 17, 2009. Action: Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. 3C. Special City Commission Meeting/2nd Budget Hearing FY 2009/2010 - Sept. 22,2009. Action: Commissioner Brezin 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. Summary Minules: Regular City Commission Meeling Oclober 15, 2009 City of Sunny Isles Beach, Florida 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items. Revised Item 7 A. Ordinance Revising Fees for Special Events on Private and Public Properties; Revised Item 7B. Ordinance on Maintenance Standards for Vacant Lots on Collins Avenue and Sunny Isles Boulevard. Add-On Item 10J. A Resolution Naming the Beach Access Located at 1951h Street and Collins A venue the "Bennett Lifter Beach Access". Action: Mayor Edelcup noted the above changes to the agenda. Commissioner Brezin 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. Mayor Edelcup also asked that Item 10J be taken out of order and heard right before Item lOA. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the above change to the agenda. The motion was approved by a voice vote of 5-0 in favor. 5. SPECIAL PRESENT A TIONS None 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. None 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 233 of the City Code to Revise Fees for Special Events on Private and Public Properties; Providing for Repealer; Providing for Inclusion in the Code; Providing for Severability, Providing for an Effective Date. Action: [City Clerk's Note: A Revised Ordinance was distributed prior to the meeting.} Assistant City Clerk Betancur read the title, and Assistant City Manager Vera reported noting that this Ordinance will give the City more control over special events, especially in the Parks and beach areas. Public Speakers: none 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, November 19, 2009, at 6:30 p.m. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl ~ Vice Mayor Thaler ~ Mayor Edelcup yes 2 Summary Minules: Regular City Commission Meeling Oclober 15, 2009 Cily of Sunny Isles Beach, Florida 7B. An Ordinance ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Amending Section 253-6 of the City Code Relating to Maintenance Standards for Vacant Lots on Collins Avenue and Sunny Isles Boulevard; Providing for Repealer; Providing for Severability, Providing for Inclusion in the Code; Providing for an Effective Date. Action: [City Clerk's Note: A Revised Ordinance was distributed prior to the meeting.} Assistant City Clerk Betancur 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 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, November 19, 2009, at 6:30 p.m. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. Sitting in as the Local Planning Agency and the City Commission, to Consider an 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 Section 265-37 of the City Code to Establish a Parking Bonus Program and Related Zoning Incentives, Attached Hereto as Exhibit "A"; Providing for an Effective Date. Action: Assistant City Clerk Betancur read the title. Public Speakers: none Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve the resolution. LP A Resolution No. 2009-58 was adopted by a voice vote of 5-0 in favor. 9A.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-37 of the City Code to Establish a Parking Bonus Program and Related Zoning Incentives; Providing for Severability, Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 09/17/09) Action: Assistant City Clerk Betancur read the title, and Assistant City Manager Vera 3 Summary Minules: Regular City Commission Meeling Oclober 15,2009 City of Sunny Isles Beach, Florida reported noting this is for the Town Center District. Commissioner Brezin moved and Commissioner Scholl seconded a motion to adopt the ordinance. Ordinance No. 2009-334 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 Edelcup yes 9B. Sitting in as the Local Planning Agency and the City Commission, to Consider an Ordinance Amending the Land Development Regulations (LDRs) 9B.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 265-37 of the City Code to Modify Setback Requirements to Ensure Consistency in Building Construction as Set Forth in Summary Charts B, C, and D, Attached Hereto as Exhibit "A"; Providing for an Effective Date. Action: Assistant City Clerk Betancur read the title. Public Speakers: none Commissioner Goodman moved and Commissioner Scholl seconded a motion to approve the resolution. LP A Resolution No. 2009-59 was adopted by a voice vote of5-0 in favor. 9B.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-37 of the City Code to Modify Setback Requirements to Ensure Consistency in Building Construction as Set Forth in Summary Charts B, C, and D, Attached Hereto; Providing for Severability, Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 09/17/09) Action: Assistant City Clerk Betancur read the title, and Assistant City Manager Vera reported noting that this is for the Town Center District. Commissioner Goodman moved and Commissioner Scholl seconded a motion to adopt the ordinance. Ordinance No. 2009-335 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 4 Summary Minules: Regular City Commission Meeling Oclober 15, 2009 Cily of Sunny Isles Beach, Florida 9C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 193 of the City Code to Regulate Noise from Mechanical Equipment Within a Garage; Reducing Hours for Routine Landscaping; Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date (First Reading 09/17/09) Action: Assistant City Clerk Betancur read the title, and Assistant City Manager Vera reported. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2009-336 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 ~ Mayor Edelcup yes [City Clerk's Note: Item lOJwas heard after this item. See action under Item 4A.} 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Howard R. Miller Communications for Public Relations Services, in an Amount Not to Exceed $42,000.00, 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: Assistant City Clerk Betancur read the title, and Administrative Services Director Alyce Hanson reported, noting that Mr. Miller took a cut in fee due to economic times. Public Speakers: none Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve this resolution. Resolution No. 2009-1486 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, Approving the First Addendum to the Agreement with Marlin Engineering, Inc., to Provide Consulting Civil Engineering Services for the Architectural/Structural Design of the Restaurant, Architectural Services, Mechanical, Lighting and Plumbing Design Services for the Newport Fishing Pier, in an Amount Not to Exceed $134,334.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Addendum to Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: Assistant City Clerk Betancur read the title, and Assistant City Manager Vera reported, noting that the plans had to be revised in order to comply with DEP requirements. Public Speakers: none 5 Summary Minules: Regular City Commission Meeling Oclober 15,2009 City of Sunny Isles Beach, Florida Mayor Edelcup said that during the Agenda Review Workshop they discussed this item and there were a lot of concerns about the cost for doing these revisions. He said the Commission was also questioning whether or not a much smaller restaurant even needs to be built on the Pier and whether the economics justified going with a small restaurant that doesn't have adequate parking; that is not adequately seen from Collins Avenue; doesn't have many people interested in it; and as a negative, our lease with the State is always renewable every five years and therefore we cannot give a long-term lease to any restaurant. Mayor Edelcup requested that the Commission defer this item until the next Commission meeting in order to get a breakdown as to what the costs really are to revise what we have here, with the admonition that this Commission was very unhappy with the $134,000 as proposed, and there is no detail behind it as to hourly rates. At the same time he would ask the Commission to think this through again and perhaps we can discuss it at a workshop that we will hold prior to the next Commission meeting given the advisability of building a restaurant on the Pier. He stated as an alternative we all know that we could probably build a platform wide enough to have kiosks there, and maybe that would be the better alternative considering the reduced size of the restaurant and all the other negatives that he had mentioned. He asked that the Commission defer this item until we have had further opportunity to see which way we really want to go. Commissioner Scholl moved and Commissioner Goodman seconded a motion to defer this item to the November 19, 2009 City Commission meeting. The motion was approved by a voice vote of 5-0 in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Charitable Contribution to the Jewish Community Services, in the Amount of $5,000.00, to Help Fund Various Vital Social Services Programs; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: Assistant City Clerk Betancur read the title, and Mayor Edelcup reported. Public Speakers: none Commissioner Brezin moved and Commissioner Goodman seconded a motion to approve this resolution. Resolution No. 2009-1487 was adopted by a voice vote of5-0 in favor. 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Purchase of an "Luke" Master Meter from Parker Systems to be Placed in the Parking Lot at 225 Sunny Isles Boulevard, in an Amount Not to Exceed $14,044.77; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: Assistant City Clerk Betancur read the title, and Assistant City Manager Vera reported. Public Speakers: none 6 Summary Minules: Regular City Commission Meeling Oclober 15, 2009 Cily of Sunny Isles Beach, Florida Mayor Edelcup asked if there will be a sign placed there, and Assistant City Manager Vera said a sign will be placed on the metered side, and also we are discussing putting a sign up to guide the public around since there is no curb cut on Sunny Isles Boulevard. Mayor Edelcup said we need to direct them because most of the traffic flow that will probably be using it are entering the City as opposed to leaving the City, and so we need something on the eastbound lane. Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve this resolution. Resolution No. 2009-1488 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 Agreements for Government Banking Services with Bank of America, N.A., Attached Hereto as Exhibit "A", under the Village of Wellington, Florida's Invitation to Negotiate #023-08/JWV; Authorizing the Mayor to Execute Said Agreements; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: Assistant City Clerk Betancur read the title, and Assistant City Manager/Finance Haag reported. Public Speakers: none Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve this resolution. Resolution No. 2009-1489 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, Ratifying the Purchase of Artwork from Captain's Imports, in an Amount of $30,000.00, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: Assistant City Clerk Betancur read the title, and Commissioner Brezin reported. Public Speakers: none Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve this resolution. Resolution No. 2009-1490 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 First Amendment to Lease Agreement ("Amendment") between Turnberry International Realty and City of Sunny Isles Beach for Leased Premises Located at 16100 Collins Avenue; Authorizing the Mayor to Execute said Amendment; 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: Assistant City Clerk Betancur read the title, and City Attorney Ottinot reported, noting that Turnberry also agreed to give the Sunny Isles Beach Trust a grant of$5,000 for 7 Summary Minules: Regular City Commission Meeling Oclober 15, 2009 City of Sunny Isles Beach, Florida school purposes. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2009-1491 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 City Manager and/or his Designee to Apply For, Receive and Expend Grant Funds from the Coastal Partnership Initiative through the State of Florida Department of Environmental Protection (DEP), in an Amount of up to $60,000.00, for the Purpose of Site Improvements at the Bella Vista Bay Park Located at 500 Sunny Isles Boulevard; Finding that a Public Purpose will be Served by Applying for Such Grant Funds; Authorizing the City Manager to Take Any and All Action Necessary with Respect to the Obtaining, Acceptance, and Distribution of Grant Monies, as Appropriate; Providing for an Effective Date. Action: Assistant City Clerk Betancur read the title, and Assistant City Manager/Finance Haag reported, noting that this is the first of a bundle of three applications totaling $460,000.00 to be used for development of Bella Vista Bay Park. Public Speakers: none Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve this resolution. Resolution No. 2009-1493 was adopted by a voice vote of 5-0 in favor. 101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Renewal of the Annual Service Agreement with Sungard Public Sector, Inc. to Provide Technical Support and Software Upgrades for the Police Department Computer System, in an Amount Not to Exceed $57,032.48, 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: Assistant City Clerk Betancur read the title, and Information Technology Director Edel Fonseca reported. Public Speakers: none Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2009-1492 was adopted by a voice vote of 5-0 in favor. 10J. New Item A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Naming of the Beach Access Located at 195th Street and Collins Avenue the "Bennett Lifter Beach Access" in Honor and Appreciation of His Dedication to the City of Sunny Isles Beach; Directing the City Manager and/or His Designee to Place Signage Commensurate with this Distinction at Said Beach Access; Authorizing the City Manager to 8 Summary Minules: Regular City Commission Meeling Oclober 15, 2009 City of Sunny Isles Beach, Florida Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: This Item was added to the agenda and distributed prior to the meeting, and heard after Item 9C. See action under Item 4A.] Assistant City Clerk Betancur read the title, and Mayor Edelcup reported noting that Bennett Lifter built the Marco Polo Beach Resort, the Waikiki Resort Motel, and a number of other resorts here in Sunny Isles Beach, and was one of the founding pioneers of this area. Public Speakers: Rose Rice Mayor Edelcup introduced Rose Rice who introduced Mr. Lifter's family members that were present here tonight. Mayor Edelcup said that staff would let the family know when the dedication ceremony is scheduled. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve this resolution, as revised. Resolution No. 2009-1494 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Discussion regarding Artwork at the Pelican Community Park Gym. Action: Assistant City Manager Vera reported that today he met with Commissioner Brezin and Charles Wachsberg at the Pelican Community Park, and Mr. Wachsberg looked at the site and will come back with a design at the November 19,2009 Commission meeting. Public Speakers: none Mayor Edelcup said we are still talking about figures and each of the figures representing a sport that is taking place there, and Commissioner Brezin said yes, and noted that Mr. Wachsberg will have one or two renderings for our approval, and he is not charging us a fee for this service. Mayor Edelcup said that it will be on the agenda for the next Workshop. 12B. Discussion/Presentation on the Final Drawing of the Garage at Heritage Park. Action: Assistant City Manager Vera reported. Public Speakers: none Mayor Edelcup noted that at the Agenda Review Workshop it was the consensus of the Commission that the first drawing with the Palm Trees was more appropriate. 9 Summary Minules: Regular Cily Commission Meeling Oclober 15,2009 Cily of Sunny Isles Beach, Florida 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 14. ADJOURNMENT Mayor Edelcup adjourned the meeting at 7:08 p.m. . Respectfully ~ubmitted by: ,~~~ Jane"A. Hines, CMC, City Clerk I Approved by the City Commission on Nov. 19 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: 11/19/2009 RE: Summary Minutes for the October 15, 2009 Regular City Commission Meeting RECOMMENDA TION: Attached for your consideration are the Summary Minutes for the October 15, 2009 Regular City Commission Meeting. REASONS: N/A ATTACHMENTS: . Summary Minutes http://sibagenda.sibfl.net/agenda/Preview.aspx?I temlD= I 26&MeetingID=0&MeetingDat. .. 11/12/2009