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HomeMy WebLinkAbout2001-1113 Regular City Commission Meeting SUMMARY MINUTES Tuesday, November 13, 2001, 6:00 p.m. CITY OF SUNNY ISLES BEACH, FLORIDA A TTENTION 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 Samson at 6:05 p.m., with the following officials present: Mayor David Samson Vice Mayor Lila Kauffman Commissioner Norman S. EdeIcup Commissioner Gerry Goodman Commissioner Danny Iglesias City Manager Christopher J. Russo City Attorney Lynn M. Dannheisser City Clerk Richard Brown-Morilla 2. PLEDGE OF ALLEGIANCE AND INVOCATION Action: Commissioner Danny Iglesias led the Pledge of Allegiance to the flag and then Mayor Samson read an introductory statement regarding decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - October 16, 2001. 3B. Special City Commission Meeting - October 25,2001. Action: Vice Mayor Kauffman moved and Commissioner EdeIcup 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 add the following two new items to the agenda: 9H, authorizing the transfer of Citizen Advisory Committee Police Funds; and, 91, expressing support for the Haulover Park Grand Plan. Action: Mayor Samson announced that staff had asked to add items 9H and 91. Regular City Commission Meeting Summary Minutes November 13,200 I City of Sunny Isles Beach, Florida Commissioner Iglesias moved and Vice Mayor Kauffman seconded a motion to add the above-referenced agenda items. The motion was approved by a voice vote of 5-0 in favor. 5. SPECIAL PRESENTATIONS SA. Police Officer of the Month for November, 2001 - Lieutenant Rick Feisthammel. Action: Police Chief Fred Maas introduced Lieutenant Rick Feisthammel, and read his report designating Lieutenant Feisthammel as Police Employee of the Month for November, 2001. ChiefMaas gave him a certificate and introduced Mrs. Feisthammel and gave her a check. 6. ZONING Zoning Hearings Scheduled on Thursday, November 15, 2001. 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Repealing Ordinance No. 2001-128, and Amending Ordinance No. 2000-103 Entitled "Certificates of Use", Amending Definitions; Providing for Application Procedures; Providing for an Origination Fee of $80; Providing for a $35 Annual Renewal Fee; Providing for Specific Grounds for Denial; Providing for Duties ofthe Building Director, Zoning and Planning Director, and Code Enforcement and Licensing Department Director; Providing for Approval of Business Location; Providing for Procedures Pursuant to Which a Certificate of Use is Revoked; Providing for Right of Inspection; Providing Penalties for Violations; Providing for Severability; Providing for Inclusion in the Code; Providing for Repeal of Conflicting Provisions; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Code Enforcement and Licensing Director Christopher Steers reported. Public Speakers: none Commissioner Edelcup moved and Commissioner Iglesias 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, December 13, 2001, at 7:00 p.m. Vote: Commissioner Edelcup yes 2 Regular City Commission Meeting Summary Minutes November 13,2001 City of Sunny Isles Beach, Florida Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Kauffman yes Mayor Samson yes 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Repealing Ordinance No. 98-24, Establishing Standards and Requirements for Newsracks Located on the Public Rights-of-Way; Providing for Purpose; Providing for Definitions; Providing for Location and Placement of Newsracks; Providing for Standards for Installation, Maintenance and Appearance of Newsracks by the City; Providing for Permit and Conditions for Permit; Providing for Allocation of News rack; Providing for Revocation of Permits; 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 of the Code and an Effective Date. Action: City Clerk Brown- Morilla read the title and City Attorney Dannheisser reported. City Attorney Dannheisser said that we would circulate copies ofthe proposed Ordinance to the various newspapers for any comments that they may have to the extent that we can address them before the second reading. Vice Mayor Kauffinan asked when this would go into enforcement with color-coded newsracks. City Attorney Dannheisser said that this Ordinance would become effective 120 days after second reading. City Manager Russo said there is no money for this, that it would be funded by a Special Assessment District, which is a couple of years in the future. He noted that newspaper vendors could voluntarily begin using the new specifications for the newsracks. Public Speakers: none Vice Mayor Kauffman moved and Commissioner Edelcup 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, December 13, 2001, at 7:00 p.m. Vote: Commissioner Edelcup yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Kauffman yes Mayor Samson yes 8. ORDINANCES FOR SECOND READING (Public Hearings) 8A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 99-75, Entitled "Flood Damage Prevention"; Providing for 3 Regular City Commission Meeting Summary Minutes November 13,2001 City of Sunny Isles Beach, Florida Amendment of Definitions, General Provisions and Administration; Amending Conditions for Variances; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code and an Effective Date. (First Reading 10/16/01) Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser reported. Clayton Parker, City Building Official, also reported. Public Speakers: none Vice Mayor Kauffman moved and Commissioner Iglesias seconded a motion to approve the ordinance. Ordinance No. 2001-142 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Edelcup yes Commissioner Goodman yes Commissioner Iglesias ves Vice Mayor Kauffman yes Mayor Samson yes 8B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Establishing Applicability and Speed Limits on Local Streets and Alleys Within the Corporate Limits ofthe City of Sunny Isles Beach, Adopting Definitions; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 10/16/01) Action: City Clerk Brown-Morilla read the title and City Manager Russo reported. Commissioner Goodman again questioned lowering the rate to 20 mph, and he suggested that 25 mph was more reasonable. He also said that 20 mph would put an unfair enforcement burden on our Police Department. Commissioner Iglesias again suggested that this is an enforcement issue, and said he agreed with Commissioner Goodman. Public Speakers: Phillip Chernoff Vice Mayor Kauffman moved and Commissioner Edelcup seconded a motion to approve the ordinance. Ordinance No. 2001-143 was adopted by a roll call vote of 4-0-1 in favor (Goodman). Vote: Commissioner Edelcup yes Commissioner Goodman no Commissioner Iglesias yes Vice Mayor Kauffman yes Mayor Samson yes 4 Regular City Commission Meeting Summary Minutes November 13,2001 City of Sunny Isles Beach, Florida 8C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinances 99-63, 99-84 and 2000-108, Creating a Town Center Overlay District on Sunny Isles Boulevard, to Provide for Uses Permitted and Prohibited; Providing for Site Plan Review for Lot Coverage, Setback Requirements, Maximum Building Height, Floor Area Ratio, Required Off Street Parking, Off Street Parking Standards, Open Space; Landscaping, Ground Floor Use Standards; Providing for Repealer; Providing for Severability and Inclusion in the Code; Providing for an Effective Date. Action: reported. (First Reading 10/16/01) City Clerk Brown-Morilla read the title and City Attorney Dannheisser She noted a scrivener's error on page 3, section 7, change 95 feet to 45 feet. Public Speakers: Sonja Knighton, Esq. In response to a question from Ms. Knighton, who represents Arie Steiger, City Manager Russo said that there was no change in the City's position yet. Commissioner Iglesias asked about the timing of the consultant's reports, so the City would not be adversely affected in our potential to receive resurfacing funds. City Attorney Dannheisser read from a letter she had previously sent to Ms. Knighton regarding the proposed ordinance, and the denial ofMr. Steiger's permit application. Commissioner Iglesias moved and Commissioner Ede1cup seconded a motion to approve the ordinance. Ordinance No. 2001-144 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Ede1cup yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Kauffman yes Mayor Samson yes 9. RESOLUTIONS 9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Addendum to Consultant Agreement Between the City of Sunny Isles Beach and O'Leary Design Associates, P.A., Attached Hereto As Exhibit "A", for Professional Services Associated With the Development of a Landscape Upgrade Plan for the Median Area on Collins Avenue (SR AlA), Including the William Lehman Causeway Intersection, in a Total Amount Not to Exceed $42,300, Plus Reimbursable Expenses in an Amount Not to Exceed $1,500; Providing the City Manager the Authority to Do All Things Necessary to Effectuate the Agreement; Providing for an Effective Date. 5 Regular City Commission Meeting Summary Minutes November 13,2001 City of Sunny Isles Beach, Florida Action: City Clerk Brown-Morilla read the title. Public Speakers: none Commissioner Iglesias moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2001-389 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, Incorporating Recitals; Awarding Bid on Request for Proposals No. 01-09-01 to Lukes' Landscaping, Inc. ("Lukes"'), for Parks/Medians/Rights-of-Way Maintenance Services; Approving an Agreement By and Between the City of Sunny Isles Beach and Lukes' Landscaping, Inc., in an Amount Not to Exceed $300,000 Annually, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Execute Said Agreement and to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo reported. Public Speakers: none Vice Mayor Kauffman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2001-390 was adopted by a voice vote of5-0 in favor. 9C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Consultant Agreement Between the City Of Sunny Isles Beach and Nova Consulting, Inc., Attached Hereto as Exhibit "A", for Professional Services Associated with Phase One of the Drainage Improvement Project for the Central Island Area Including Development of Pump Station Relocation Plans and Their Incorporation into the Project Drawings, and Development of a Drainage Master Plan, in a Total Amount Not to Exceed $45,696.00, Plus a Ten-Percent Contingency to Address Unforeseen Conditions in an Amount Not to Exceed $4,570.00; Providing the City Manager the Authority to Do All Things Necessary to Effectuate the Agreement; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title. Commissioner Iglesias complimented the City Manager. Public Speakers: none 6 Regular City Commission Meeting Summary Minutes November 13,2001 City of Sunny Isles Beach, Florida Commissioner Iglesias moved and Vice Mayor Kauffman seconded a motion to approve the resolution. Resolution No. 2001-391 was adopted by a voice vote of 5-0 in favor. 9D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Waiver of Additional Occupational License Delinquency Penalties, So As to Not Exceed the 10% Due in October of 2001 for Late Occupational License Renewal Payments; Providing for the Temporary Waiver Through January 31,2002; Providing for a Condition Precedent; Providing for Continuing Penalties for Code Enforcement; and Providing for an Effective Period and Effective Date. Action: City Clerk Brown-Morilla read the title and Code Enforcement and Licensing Director Chris Steers reported that this would provide between $2 and $3,000 in tax relief. Public Speakers: none Commissioner Edelcup moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2001-392 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 Mayor to Execute on Behalf ofthe City, an Agreement With the Florida Department of Community Affairs, Attached Hereto as Exhibit "A", for Disaster Relief Funding; Providing the City Manager the Authority to Do All Things Necessary to Effectuate the Agreement; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Police Chief Fred Maas reported. Public Speakers: none Vice Mayor Kauffman moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2001-393 was adopted by a voice vote of 5-0 in favor. 9F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Apply for, Receive and Expend Grant Funds By and Between the City of Sunny Isles Beach and Miami-Dade County Department of Human Services Federal Drug Control and System Improvement Program in the Amount of $5,615, Representing a 75% ($4,211) Grant Award and 25% ($1,404) in City Matching Funds; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. 7 Regular City Commission Meeting Summary Minutes November 13,2001 City of Sunny Isles Beach, Florida Action: City Clerk Brown-Morilla read the title. Police Chief Fred Maas reported. Public Speakers: none Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2001-394 was adopted by a voice vote of5-0 in favor. 9G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Accepting a Donation of a Print of Two American Flags, Donated by Harry Miranda, to the City of Sunny Isles Beach; Providing Direction to the City Manager; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Mayor Samson reported. Public Speakers: none Commissioner Goodman moved and Commissioner Edelcup seconded a motion to approve the resolution. Resolution No. 2001-395 was adopted by a voice vote of5-0 in favor. 9H. Add-On Item: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, in Accordance with the Motion of July 15, 1999, to Dissolve the Citizen Advisory Committee for Sunny Isles Beach Police Department as an Advisory Committee to the City Commission ("CAC") to Authorize the Mayor and All Other Parties Necessary to Transfer Funds Donated to the Citizens Public Safety Advisory Committee of Sunny Isles Beach, Inc., Incorporated Privately as a 501 (c) (3) Corporation; as Permitted by Law; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser read her report. She suggested that the new 501 (c )(3) organization may need to seek independent legal counsel to determine if they need to conduct their meetings "in the Sunshine". Public Speakers: none Mayor Samson asked if the new charitable group could meet in City Hall. City Attorney Dannheisser responded it was a decision for the City Commission. Commissioner Edelcup suggested to avoid any appearance of impropriety, it would be best not to use City Hall. Commissioner Goodman asked if he could attend their meetings and City Attorney Dannheisser suggested that a City Commissioner should refrain from attending. 8 Regular City Commission Meeting Summary Minutes November 13,200 I City of Sunny Isles Beach, Florida Commissioner Goodman moved and Commissioner Edelcup seconded a motion to approve the resolution. Resolution No. 2001-396 was adopted by a voice vote of5-0 in favor. 91. Add-On Item: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Expressing Support for the Haulover Park Grand Plan Dated August, 2001; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Mayor Samson briefly reviewed the plan and showed a color diagram of the proposal. Public Speakers: none Commissioner Edelcup moved and Vice Mayor Kauffman seconded a motion to approve the resolution. Resolution No. 2001-397 was adopted by a voice vote of5-0 in favor. 10. MOTIONS None 11. DISCUSSION ITEMS 11A. Discussion regarding Charter Amendments requested by Various City Commissioners for Voter Consideration: . Salary for Members ofthe City Commission, and/or Expenses, and in What Amount; . Rotation of Vice Mayor, and How Often; and . Term Limits. (Deferred from 10/16/01) Action: Mayor Samson asked to explain where we were. Commissioner Edelcup suggested waiting for the Charter Revision Commission to meet. Commissioner Iglesias distinguished the word "salary" from "compensation" and explained the detailed reasons why members ofthe City Commission should receive some compensation. Mayor Samson said that the City cannot afford compensating its City Commissioners. Mayor Samson said he is not opposed to the City paying for reasonable City Commission expenses if approved by the City Manager. Commissioner Goodman agreed with Commissioner Iglesias that there should be some compensation so that the City Commission might include a cross-section ofthe community, including non-retired. 9 Regular City Commission Meeting Summary Minutes November 13,2001 City of Sunny Isles Beach, Florida No formal action was taken. lIB. Add-On Item: Report from Vice Mayor Kauffman regarding the October meeting of the Miami-Dade League of Cities. Action: Vice Mayor Kauffman reported on the events of the meeting. 11 C. Add-On Item: City Manager Russo announced that he would conduct a Public Awareness Meeting regarding the Golden Shores Drainage & Pavement Improvement Program, on Tuesday, November 20,2001, from 3:00 p.m. to 5:00 p.m., and repeat it from 7:00 p.m. to 9:00 p.m., in the City Commission Chambers. 12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 13. ADJOURNMENT Commissioner Iglesias moved and Vice Mayor Kauffman seconded a motion to adjourn the meeting. The motion was adopted by a voice vote of 5-0 in favor and the meeting was adjourned at 7:40 p.m. Respectfully submitted by: r .' .. .. APP7~~DeC.13'2001 David Samson, Miyor .. , ~iwi~~~ ~ Richard Brown':110rilla, City Clerk ~'t ,t 1 - .. J I . , .' I J I , . ;j 10