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Home My WebLink About2002 1010 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, October 10,2002,7:30 p.m. CITY OF SUNNY ISLES BEACH, FLORIDA ATTENTION 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 IN FORMA TION. AGENDA 1. CALL TO ORDERlROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:30 p.m., with the following officials present: Mayor David Samson Vice Mayor Danny Iglesias Commissioner Norman S. Edelcup Commissioner Gerry Goodman Commissioner Lila Kauffman City Manager Christopher J. Russo City Clerk Richard Brown-Morilla Deputy City Attorney Hans Ottinot 2. PLEDGE OF ALLEGIANCE Action: Commissioner Kauffman led the Pledge of Allegiance to the flag. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - September 19, 2002. 3B. Special City Commission Meeting/Second Budget Hearing for Fiscal Year 2002/03 - September 26, 2002. Action: Commissioner Kauffman moved and Commissioner Edelcup seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. 4. ORDER OF BUSINESS (AdditionslDeletions/Amendments) 4A. Request to Hear Item 12A after Item 5C. Action: Mayor Samson reported that Item 12A would be heard after Item 5C; that Item 9A was replaced with a new Resolution; and a request to add-on two Resolutions, agenda items 9F and 9G. Regular City Commission Meeting Summary Minutes October 10, 2002 City of Sunny Isles Beach, Florida Commissioner Kauffman moved and Commissioner Edelcup seconded a motion to revise the agenda accordingly. The motion was approved by a voice vote of 5-0 in favor. 5. SPECIAL PRESENT A TIONS SA. Citizen's Commendation to be Presented to Mr. Carlos Velez. Action: Police Chief Fred Maas introduced Mr. Carlos Velez and presented him with a Citizen's Commendation in special recognition of his heroic efforts in assisting the City of Sunny Isles Beach Police Department. Mrs. Velez and their young son were also introduced. SR. Police Promotional Announcements. Action: Police Chief Fred Maas announced the following promotions within the Police Department: . Sergeant Michael Grandinetti promoted to Lieutenant . Corporal Dan Ganagi promoted to Sergeant . Officer Lee Athenasiou promoted to Corporal . Detective Michael Mulvey promoted to Corporal Mayor Samson expressed pride on behalf of the entire City Commission. 5C. A Proclamation Declaring November 2002, as National Epilepsy Awareness Month in the City of Sunny Isles Beach. Action: Mayor Samson announced the Proclamation declaring November 2002 as National Epilepsy Awareness Month in the City of Sunny Isles Beach and asked City Clerk Brown-Morilla to mail the proclamation as there was no one in attendance to accept it. 6. ZONING No Zoning Hearings Scheduled 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City of Sunny Isles Beach, Florida, Entitled "Emergency Management Procedures;" Providing for Purpose, Providing for Definitions, and Emergency Management Structure; Providing Declaration of a State of Emergency, 2 Regular City Commission Meeting Summary Minutes October 10, 2002 City of Sunny Isles Beach, Florida Termination of a State of Emergency, Police Emergencies, Fire and Hazardous Materials Emergencies, the Suspension of Local Building Regulations, and the Certification of Emergency Conditions; Providing for Coordination with Miami-Dade County; Providing for Penalty; Providing for Repeal, Severability, Inclusion in the Code and an Effective Date. Action: City Clerk Brown-Morilla read the title and Deputy City Attorney Ottinot reported. Public Speakers: none Vice Mayor Iglesias moved and Commissioner Goodman 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 14,2002, at 7:30 p.m. V ote: Commissioner Edelcup yes Commissioner Goodman yes Commissioner Kauffman yes Vice Mayor Iglesias yes Mayor Samson yes 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Repealing Chapter 26 of Miami-Dade County Code Entitled "Parks and Recreation Department Rules and Regulations", and Creating a New Ordinance Entitled "Parks and Recreation Rules and Regulations"; Providing for Definitions; Providing for Traffic Controls; Providing for Use of Park Property; Providing for Recreational Activities; Providing for Permits; Providing for Park Sanitation; Providing for Prohibitions on Undesirable Acts and Behavior; Providing for Enforcement and Obedience to Rules; Providing for Penalties for Violations; Providing for Severability; Providing for Inclusion in Code; Providing for Repeal of Conflicting Provisions; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo reported. Commissioner Goodman asked if this was designed to restrict our parks to residents only and the City Manager said no, that the purpose was to regulate the organized use of parks: such as prohibiting organized games that are not organized by the City. Mayor Samson asked what would happen if someone asked to schedule a wedding in a park, and City Manager Russo said it would not be permitted under the proposed ordinance, unless the City Commission were to approve the request. Public Speakers: none Commissioner Kauffman moved and Commissioner Edelcup seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a 3 Regular City Commission Meeting Summary Minutes October 10, 2002 City of Sunny Isles Beach, Florida roll call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday, November 14, 2002, at 7:30 p.m. Vote: Commissioner Edelcup yes Commissioner Goodman yes Commissioner Kauffman yes Vice Mayor Iglesias yes Mayor Samson yes 8. ORDINANCES FOR SECOND READING (Public Hearings) 8A. An Ordinance of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 2001- 117, to Extend the Time Limit Required for Applicants With Un-Expired Development Orders to Proceed With Development Approvals Issued by the City Commission, Until the Disposition of the Omnivoint Case, or the Adoption ofthe City's Land Development Regulations; Providing for a Temporary Stay in the Publication of the "Notice of Amortization of Zoning Approvals" Until the Disposition of the Omnivoint Case or the Adoption of the Land Development Regulations, Whichever Comes First; Providing for a Repealer; Providing for Severability; Providing for an Effective Date. (First Reading 9/19/02) Action: City Clerk Brown-Morilla read the title, and Deputy City Attorney Ottinot summarized his report. Public Speakers: Zack Greenberg Commissioner Kauffman moved and Vice Mayor Iglesias seconded a motion to adopt the ordinance. Ordinance No. 2002-160 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Edelcup Commissioner Goodman Commissioner Kauffman Vice Mayor Iglesias Mayor Samson yes yes yes yes yes 8B. An Ordinance of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 98-24 and Ordinance No. 2001-146, Establishing Standards and Requirements for Newsracks Located on the Public Rights-of-Way and Private Property; Providing for Purpose; Providing for Definitions; Providing for Location and Placement of News racks on Public and Private Property; Providing for Standards for Installation, Maintenance and Appearance of News racks by the City; Providing for Permit and Conditions for Permit; Providing for Allocation of News rack; Providing for Revocation of Permits; Providing 4 Regular City Commission Meeting Summary Minutes October 10, 2002 City of Sunny Isles Beach, Florida for Mounting Standards; Providing for Appeal; Providing for Administrative Fees; Determining Newsrack Abandonment; Providing for Indemnification; Providing for Repeal of Conflicting Provisions; Providing for Severability; Providing for Inclusion in the Code and an Effective Date. (First Reading 9/19/02) Action: City Clerk Brown-Morilla read the title, and Deputy City Attorney Ottinot reported. Public Speakers: none Commissioner Goodman moved and Commissioner Edelcup seconded a motion to adopt the ordinance. Ordinance No. 2002-161 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Edelcup Commissioner Goodman Commissioner Kauffman Vice Mayor Iglesias Mayor Samson yes yes yes yes yes 8C. An Ordinance of the City of Sunny Isles Beach, Florida, Authorizing the Negotiations of a Loan in an Aggregate Amount Not to Exceed $18,500,000.00 from the Florida Municipal Loan Council; Approving the Execution and Delivery of a Loan Agreement with the Florida Municipal Loan Council Attached Hereto as Exhibit "B"; Approving the Execution and Delivery of a Disclosure Agreement Attached Hereto as Exhibit "C"; Approving the Execution and Delivery of a Bond Purchase Agreement Attached Hereto as Exhibit "D"; Providing for the Payment of Issuance Costs; Providing Certain Other Matters in Connection with the Making of Such Loan; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate the Loan Agreement and Providing an Effective Date. (First Reading 9/19/02) Action: City Clerk Brown-Morilla read the title, and City Manager Russo reported. Public Speakers: none Commissioner Kauffman moved and Commissioner Edelcup seconded a motion to adopt the ordinance. Ordinance No. 2002-162 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Edelcup Commissioner Goodman Commissioner Kauffman Vice Mayor Iglesias Mayor Samson yes yes yes yes yes 5 Regular City Commission Meeting Summary Minutes October 10, 2002 City of Sunny Isles Beach, Florida 9. RESOLUTIONS 9 A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Guaranteed Maximum Price of$1.5 Million for the Construction ofthe Tony Roma's Restaurant and Certain Site Work and; Approving an Amendment to Agreement between the City of Sunny Isles Beach and the Weitz Company Attached Hereto as Attachment "A"; Providing the Mayor with the Authority to Execute Said Amendment; as Retleeted in Exhibit "A" .^..ttaebed Hereto; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: A Resolution was handed out replacing the Resolution in the agenda package.] City Clerk Brown-Morilla read the title and City Manager Russo read his report. He said the tentative date to break ground is October 29,2002 for the new Tony Roma Restaurant. Public Speakers: Larry Kline of Spill is, Candella; Jorge Vera Larry Kline reviewed the plans for the phased construction. Several members of the Commission asked about the location of the staging area. City Manager Russo said he was exploring the possibility of renting part of the Alamo property site for use during the construction stages. Commissioner Goodman moved and Commissioner Kauffman seconded a motion to approve the resolution as amended. Resolution No. 2002-478 was adopted by a voice vote of 5-0 in favor. 9B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement between the City of Sunny Isles Beach and O'Leary Design Associates, P.A., Attached Hereto as Exhibit "A", for Professional Design Services for the Landscaping/Irrigation Project for Kings Point Drive (159th Street), in a Total Amount of$41, 175.00; Authorizing the City Manager to Do All Other Things Necessary to Effectuate Same; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo reported. Public Speakers: none Commissioner Edelcup moved and Vice Mayor Iglesias seconded a motion to approve the resolution. Resolution No. 2002-479 was adopted by a voice vote of5-0 in favor. 6 Regular City Commission Meeting Summary Minutes October 10, 2002 City of Sunny Isles Beach, Florida 9C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement between the City of Sunny Isles Beach and Pios and Sons Enterprises, Inc., Attached Hereto as Exhibit "A", for Stamped Asphalt Crosswalks on Collins Avenue, in an Amount of $89,600.00; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms ofthe Agreement; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo reported. Public Speakers: none Vice Mayor Iglesias moved and Commissioner Kauffinan seconded a motion to approve the resolution. Resolution No. 2002-480 was adopted by a voice vote of5-0 in favor. 9D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement between the City of Sunny Isles Beach and The Miami Herald Publishing Company, for Limited Retail Advertising Services; Providing the Mayor the Authority to Execute Said Agreement; Providing the City Clerk and the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and reported. Public Speakers: none Commissioner Goodman moved and Commissioner Edelcup seconded a motion to approve the resolution. Resolution No. 2002-481 was adopted by a voice vote of5-0 in favor. 9E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Expend the Sum of $22,680:00 for an Engineering Study by Florida Power and Light for the Undergrounding of the Electrical Distribution Lines; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo reported. Public Speakers: none Commissioner Goodman moved and Commissioner Kauffman seconded a motion to approve the resolution. Resolution No. 2002-482 was adopted by a voice vote of 5-0 in favor. 7 Regular City Commission Meeting Summary Minutes October 10, 2002 City of Sunny Isles Beaeh, Florida 9F. Add-On A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Expressing the Intention to Exhume a Time Capsule from the Trump Palace in 2047 Upon the 50th Anniversary of the City of Sunny Isles Beach; Providing for the Creation of a Public Display of the Contents in City Hall; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: {City Clerk's Note: This Resolution was handed out.] City Clerk Brown- Morilla read the title and reported. Public Speakers: none Vice Mayor Iglesias moved and Commissioner Kauffman seconded a motion to approve the resolution. Resolution No. 2002-483 was adopted by a voice vote of 5-0 in favor. 9G. Add-On A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2002-459 Establishing a Revised Schedule for City Commission Meetings for the Remainder of Calendar Year 2002, by Adding Special Joint Meetings of the Local Planning Agency and City Commission on Thursday, November 7, 2002 and Wednesday, November 20, 2002, at 7:00 p.m., to Consider Adoption of the Land Development Regulations; Providing for an Effective Date. Action: {City Clerk's Note: This Resolution was handed out.] City Clerk Brown- Morilla read the title and reported. Public Speakers: none Commissioner Goodman moved and Vice Mayor Iglesias seconded a motion to approve the resolution. Resolution No. 2002-484 was adopted by a voice vote of5-O in favor. 10. MOTIONS None 11. DISCUSSION ITEMS l1A. Verbal Report from the Fashion, Film, Entertainment and Production Council (FFEPC). 8 Regular City Commission Meeting Summary Minutes October 10, 2002 City of Sunny Isles Beach, Florida Action: City Clerk Brown-Morilla read the title and Art Weissman reported. Public Speakers: Art Weissman; Hanley Harding; Phillip Chernoff Mr. Weissman requested that the City Commission approve their next two proposed projects: . an Art Show "A Taste of Art" at an approximate cost of $5,000.00 . a Dance Contest Mayor Samson said that there is no budget for the FFEPC, and he asked the City Commission to abolish the FFEPC and to have the Cultural and Human Services Department handle the activities. Mayor Samson passed the gavel and moved to dissolve the FFEPC and to have the Cultural and Human Services Department handle the activities and to call meetings of volunteers whenever necessary and Commissioner Edelcup seconded a motion to approve the resolution. Resolution No. 2002-485 was adopted by a voice vote of 5-0 in favor. [City Clerk's Note: The Resolution was prepared after the meeting to memorialize the action of the City Commission in dissolving the Council] Hanley Harding objected that City staff were dictating what type font had to be used in promotional flyers. Mayor Samson asked the City Clerk to send thank you letters to the former members of the FFEPC. 12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 12A. A Petition Requesting a Park in the Golden Shores Area for Children 9 - 17 Years of Age. Action: City Clerk Brown-Morilla read the title and Shirley Sanchez and Juan Crespi requested that the City purchase additional land next to the Golden Shores pocket park tot lot, or to dedicate part of the space under the William Lehman Causeway for hard surface park use, such as basketball, racket ball, or tennis. Mayor Samson responded that the space under the Lehman Causeway was required to be dedicated forever for public parking as a condition of beach re-nourishment. City Manager Russo responded about the possibility of the City trying to acquire additional parcels next to the "pocket park" tot lot. Vice Mayor Iglesias recommended that we should try to purchase. Mayor Samson asked the City Manager to try again to negotiate a purchase, and if unsuccessful to pursue other methods to obtain the land. 9 Regular City Commission Meeting Summary Minutes October 10, 2002 City of Sunny Isles Beach, Florida Public Speakers: Shirley Sanchez; Juan Crespi; Devin Rojas Mayor Samson asked the City Manager to try to arrange to put a basketball court at St. Mary Magdalen Catholic Church. 13. ADJOURNMENT Commissioner Kauffman moved to adjourn the meeting. The meeting was adjourned at 9:00 p.m. ~ C;T,' C,' ",' I RespectfUlly'submitted by: is . n on Nov. 14, 2002 ( J i ,~.-~'.., l ....... 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