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HomeMy WebLinkAbout2008 0717 Regular City Commission Meeting ------ - - SUMMARY MINUTES Regular City Commission Meeting Thursday, July 17,2008,6:30 p.m. City of Sunny Isles Beach, Florida A TTENTlON 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 INFORMA TION. 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 Commissioner Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl City Manager A. John Szerlag City Attorney Hans Ottinot City Clerk Jane A. Hines, CMC Assistant City Manager/Services Jorge Vera 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Former City Commissioners Lila Kauffman and Irving Turetsky 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 - June 19,2008. 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. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Addendum to Agenda: Additional Information for Items 9A & 9B, Charter Amendments; Amend Item lOP, Agreement with Tenex; Add-On Item 5A, Presentation of Boat Race Trophy; Item lOS, Agreement with Santamaria Trucking; and Add-On Item 12C, Discussion of a Request from R.K. Associates to Modify Code. 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. IV' -_I Summary Minutes: Regular City Commission Meeting July] 7.2008 City of Sunny Isles Beach, Florida 5. SPECIAL PRESENTATIONS 5A. Add-On: Presentation of the Don Aronow Memorial Powerboat Race Trophy by Race Committee Members Larry Goldman, Alon Steiger, and Brad Schoenwald Sponsored by the Historic Offshore Race Boat Association (HORBA) to the City for the Offshore Powerboat Racing Challenge Weekend, held in Sunny Isles Beach, June 19-22,2008. Action: [City Clerk's Note: See action under Item 4A adding this item to the agenda. Heard after Item 9B.] Cultural and Human Services Director Susan Simpson introduced Race Committee Members Larry Goldman and Alon Steiger who presented the HORBA Trophy to Mayor Edelcup who accepted on behalf of the City. Mayor Edelcup presented Certificates of Appreciation to Race Committee Members Larry Goldman amd Alon Steiger, and to Tourism & Development Committee Chairperson Tony LoCastro. (Brad Schoenwald was absent and it will be mailed to him.) 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. None 7. ORDINANCES FOR FIRST READING None 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, Amending Section 2.3 (b) "Residential Areas" to Permit the Redrawing of Residential Voting Areas Boundaries by Ordinance Based on Population Growth; Amending Section 2.3(b) to Convert the At-Large Seat on the City Commission to a Residential Voting Area Seat; Providing for Requisite Ballot Language for Submission to the Electorate; Providing for Copies of the Charter Amendments to be Available for Public Inspection; Calling a Special Election on the Proposed Charter Amendments to the City Charter to be Held in Conjunction with the General Election on Tuesday, November 4, 2008; Providing for Notice of Election; Providing for Balloting and Election Procedures; Providing for Severability; Providing for Inclusion in the Charter; and Providing for an Effective Date. (First Reading 04/17/08) Action: [City Clerk's Note: Additional information (power-point) was distributed prior to the meeting] City Clerk Hines read the title, and City Attorney Ottinot reported and gave a power-point presentation. He noted that the Commission selected Proposal One because it creates a geographic balance on the City Commission, it prohibits a particular area of the City 2 ,- Summary Minutes: Regular City Commission Meeting July 17,2008 City of Sunny Isles Beach, Florida from holding more than two seats on the Commission, and it creates a proportional representation on the Commission. It was based on both population and registered voters. Public Speakers: Natasha Reinhardt; Lila Kauffman; Tony LoCastro Mayor Edelcup opened the public hearing, and the City Commission and City Attorney Ottinot answered all questions and concerns from the public. City Attorney Ottinot said for the record that revising residential district boundaries is very common when population growth takes place. The City's three (3) districts were created by precinct numbers. Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2008-307 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin ~ Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Ede1cup ~ 9B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending the City Charter and City Code of Ordinances to Change the Dates of General and Run- Off Elections of the City and for the Related Extension of the Term of Office and the Allowed Length of Service; Providing Requisite Ballot Language for Submission to the Electorate; Calling a Special Election on the Proposed Amendments to the City Charter to be Held on November 4,2008; Providing for Notice of Election; Providing for Ballot Election; Providing for Inclusion in the Charter; Providing for Repeal, Conflicts, Severability, Codification and an Effective Date. (First Reading 06/19/08) Action: [City Clerk's Note: Additional information (power-point) was distributed prior to the meeting.} City Clerk Hines read the title, and City Attorney Ottinot reported and gave a power-point presentation. By consolidating municipal elections with the County elections, the cost would be shared by all the municipalities representing a savings of thousands of dollars, and voter turnout will greatly increase. In order to accomplish this, the Charter would have to be amended to hold elections in November in even years, and there would be a one-time extension of terms for one year of the existing Commission, the term limits remain. Public Speakers: Maria Saboya, Miami-Dade Elections Department; Lila Kauffman; Bob Welsh; Tony LoCastro Mayor Edelcup opened the public hearing, and the City Commission and City Attorney Ottinot answered all questions and concerns from the public. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to adopt the ordinance. Ordinance No. 2008-308 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Brezin ~ Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup ~ " j -- ,~ Summary Minutes: Regular City Commission Meeting July 17,2008 City of Sunny Isles Beach, Florida [City Clerk's Note: The Commission took a 2-minute break, and will hear Item SA after the break.} 9C. An Ordinance ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Amending Chapter 256 by Creating a New Article Entitled "The City of Sunny Isles Beach Dangerous Intersection Safety Act"; Providing for Recorded Image Monitoring and Enforcement of Red Light Infractions, and for Related Procedures and Provisions; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 06/19/08) Action: [City Clerk's Note: Heard after Item SA.] City Clerk Hines read the title, and City Manager Szerlag reported. Public Speakers: none Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to adopt the ordinance. Ordinance No. 2008-309 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Commissioner Goodman ~ Commissioner Scholl yes Vice Mayor Thaler ~ Mayor Ede1cup yes 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2008-1242 Revising the Schedule for City Commission Meetings for Calendar Year 2008 by Addin2: a Special City Commission Meetin2: on Julv 31, 2008, at 5:30 p.m.~ Adding Special City Commission Meetings Tentatively on Thursday, September 11,2008 and Thursday, September 25,2008, at 6:30 p.m. for Fiscal Year 2008/2009 Budget Hearings; Cancelling the August 21, 2008 Regular City Commission Meeting; Providing for an Effective Date. Action: City Clerk Hines read the title. Mayor Edelcup said to add the July 31,2008 Special Commission meeting beginning at 5:30 p.m. Public Speakers: None Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve the resolution, as amended. Resolution No. 2008-1286 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, Calling for a Special Election on Proposed Amendments to the City Charter to be Held on November 4, 2008, to Consider Providing for Amendments to the City Charter as Follows: Amending Section 2.3(b) "Residential Areas" to Permit the Redrawing of Residential Voting Areas' Boundaries by Ordinance Based on Population Growth; Amending Section 2.3(b) to Convert the At-Large Seat on the City Commission to a Residential Voting Area Seat; Amending the City Charter and City Code of 4 Summary Minutes: Regular City Commission Meeting July 17, 2008 City of Sunny Isles Beach, Florida Ordinances to Change the Dates of General and Run-Off Elections of the City and for the Related Extension of the Term of Office and the Allowed Length of Service; Providing for Permission to Make Technical and Stylistic Amendments; Providing for Copies of the Resolution and Ordinances for Charter Amendments to be Available for Public Inspection; Providing for the City Clerk to Utilize the Services of Miami-Dade County Supervisor of Elections; Requiring the City Commission to Enact an Enabling Resolution; Providing Requisite Ballot Language for Submission to Electors; Providing for Severability; Providing for Notice; Providing for an Effective Date Action: City Clerk Hines read the title, and Mayor Edelcup said that this is to implement what was adopted in Items 9A and 9B. Public Speakers: None Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2008-1287 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, Approving an Agreement with the Miami Herald Publishing Company, for Retail Advertising Services, with Option for a Second Year; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager and the City Clerk to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title. Public Speakers: None Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2008-1288 was adopted by a voice vote of 5-0 in favor. 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Easement Agreement with Florida Power and Light Company (FPL) for the Vacated Alley Running North and South from 185th Street to 191st Street, Attached Hereto as Attachment "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 City Attorney Ottinot reported. Public Speakers: None Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2008-1289 was adopted by a voice vote of 5-0 in favor. 5 Summary Minutes: Regular City Commission Meeting July 17,2008 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 American Traffic Solutions (A TS) for the Installation of Red Light Cameras, at No Charge to the City, in Substantially the Same Form as the Agreement Attached Hereto as Exhibit "A", Providing that Any Changes are Approved as to Form and Legal Sufficiency by the City Attorney; 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 Mayor Edelcup reported. Public Speakers: None Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1290 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, Dedicating in Perpetuity the Property Located at 18115 North Bay Road Also Known as the Pelican Community Park and Community Center for Outdoor Recreation and for the Use and Benefit of the Public; Authorizing the Mayor to Execute the Declaration of Restrictions, Attached Hereto as Exhibit "A"; Providing for 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 Attorney Ottinot reported that this is a State requirement, and noted that there is a minor correction that needs to be made in the legal description of the Declaration of Restrictions. Public Speakers: None Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution, as amended. Resolution No. 2008-1291 was adopted by a voice vote of5-0 in favor. lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Administratively Approve Agreements for Boat Slip Leases at Bella Vista Bay Park; 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 Szerlag and Cultural and Human Services Director Susan Simpson reported noting there are five (5) boat slips and one (1) is being used by Sir Winston. There will not be any overnight staying on the boats, the utilities are separate, and the meters are now being put in. Public Speakers: None Mayor Edelcup noted that the water meter is still a master meter and we will have to sub- charge back down to the individuals, and he asked that when the lease is done to get a deposit equal to whatever that month would be so that the City is always covered. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1292 was adopted by a voice vote of 5-0 in favor. 6 Summary Minutes: Regular City Commission Meeting July 17,2008 City of Sunny Isles Beach, Florida 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Nominating the City of Sunny Isles Beach for the "Florida City of Excellence Award" Through the Florida League of Cities; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Commissioner Roslyn Brezin reported. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1293 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, Nominating Mayor Norman S. Edelcup for the 2008 "Mayor of the Year" Florida League of Cities Excellence Awards; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Commissioner Roslyn Brezin reported. Public Speakers: None Mayor Edelcup passed the gavel to Vice Mayor Thaler, and abstained. Commissioner Goodman moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2008-1294 was adopted by a voice vote of 4-0-1 (Mayor Edelcup abstained) in favor. 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Establishing a Written Policy Regarding the Collection and Use of Social Security Numbers; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate the Terms of the Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported that this is a State requirement. Public Speakers: None Commissioner Goodman moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2008-1295 was adopted by a voice vote of 5-0 in favor. 10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Addendum to the Parking License Agreement Between the City of Sunny Isles Beach, Florida, and Fortune Beach, LLC, for Use of a Portion of the Parking Lots Under the Lehman Causeway, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Attorney and the City Manager to Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported that this is a one- year extension, and noted that there is a correction in the amount of parking spaces, it should 7 Summary Minutes: Regular City Commission Meeting July 17,2008 City of Sunny Isles Beach, Florida be up to 300 parking spaces not 400 spaces. Also, the City has the right to terminate that agreement upon 60-90 days notice if the City needs that area. Public Speakers: None Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution, as amended. Resolution No. 2008-1296 was adopted by a voice vote of5-0 in favor. 10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager or His Designee to Sign or Renew All Required Contracts, Agreements, and Purchase Orders that Affect the Health, Safety, or Welfare of the City, During the Summer Recess Period from the Last City Commission Meeting in July 2008 through the First Regular Commission Meeting in September 2008, Subject to After-the- Fact Ratification at the September 18, 2008 City Commission Meeting; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Edelcup reported. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1297 was adopted by a voice vote of 5-0 in favor. 10M. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding Bid No. 08-06-02 to and Entering into an Agreement with Stockton Maintenance Group, Inc., for Janitorial Maintenance Services, in an Annual Amount Not to Exceed $130,000.00 for Three (3) Years with an Option of Two (2) Mutually Agreeable Renewal Terms of Three (3) Years Each, in Substantially the Same Form as the Agreement Attached Hereto as Exhibit "A", Providing that Any Changes are Approved as to Form and Legal Sufficiency by the City Attorney, Based on the Pricing, Terms, and Conditions Listed in the Bid Response, Attached Hereto as Exhibit "B"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Szerlag reported. Public Speakers: None Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1298 was adopted by a voice vote of 5-0 in favor. ION. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Fourth Amendment to Consultant Agreement with Beiswenger, Hoch and Associates, Inc. (BH&A), to Provide Additional Pre-Construction and Construction Engineering and Inspection (CEI) Services for the Construction of the Central Island Drainage Project, in an Amount Not to Exceed $439,995.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Fourth Amendment to Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. 8 Summary Minutes: Regular City Commission Meeting July 17,2008 City of Sunny Isles Beach, Florida Action: [City Clerk's Note: This item was heard in conjunction with related Item 100.J City Clerk Hines read the title, and City Manager Szerlag reported. Funding is through the Storm water Fund. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1299 was adopted by a voice vote of 5-0 in favor. 100. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving a First Amendment to Agreement with Southeastern Engineering Contractors, Inc. to Expand the Scope of Work for the Construction of the Central Island Drainage and Street Improvements Project, to Include Curb and Guttered Streets with Increased Parking, Street Lighting, Landscaping, and Additional Improvements to Senator Gwen Margolis Park, in an Amount Not to Exceed $4,102,554.93, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said First Amendment to Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: [City Clerk's Note: This item was heard in conjunction with related Item 10NJ City Clerk Hines read the title, and City Manager Szerlag reported. Funding is through the Stormwater Fund with the exception of the Senator Gwen Margolis Park Restrooms. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1300 was adopted by a voice vote of 5-0 in favor. lOP. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding Bid No. 08-06-01 to and Entering into an Agreement with Tenex Enterprises for Atlantic Isles Roadway & Utility Improvements, in an Amount Not to Exceed $2,885,048.00, in Substantially the Same Form as the Agreement Attached Hereto as Exhibit "A", Providing that Any Changes are Approved as to Form and Legal Sufficiency by the City Attorney, Based on the Pricing, Terms, and Conditions Listed in the Bid Response, Attached Hereto as Exhibit "B"; 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: [City Clerk's Note: An amended agreement was distributed prior to the meeting.) City Clerk Hines read the title, and City Manager Szerlag reported noting that an amended agreement was distributed with an increase in the number of calendar days from 180 days for final completion to 240 days, and included a early bonus completion clause, but if the Commission does not want to proceed with the early bonus completion clause, he would expunge that portion of the clause but still have liquidated damages, which is a penalty if the job is not completed within 240 days. Public Speakers: None 9 Summary Minutes: Regular City Commission Meeting July 17,2008 City of Sunny Isles Beach, Florida Mayor Edelcup passed the gavel to Vice Mayor Thaler, and he and Commissioner Scholl abstained as they are residents of Atlantic Isle. Public Works Director Rick Conner said that a Mandatory Pre-Bid Conference was held, and it was universally expressed that they could do it in the time originally proposed but they could not give them the job that the City was looking for. They will need more time in order to tear up and fix one section at a time. This revised agreement was sent out to the potential bidders as Addendum 4. Commissioner Goodman moved a motion to adopt the resolution eliminating the bonus clause, and the motion failed for a lack of a second; and Commissioner Brezin moved to adopt the resolution with the bonus clause, and the motion failed for lack of a second. City Manager Szerlag said under Robert's Rules of Procedure that the Chair can advance a motion, and after City Attorney Ottinot researched the City's Code, it was concluded that this is not allowed in the City's Rules of Procedure. City Attorney Ottinot said however that the rules are created by this body and this body can waive that requirement. Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to waive the Rule of Procedure to allow the Chair to second a motion. The motion was approved by a voice vote of 3-0-2 (Mayor Edelcup and Commissioner Scholl abstained) in favor. Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the resolution, as amended with no early bonus completion clause. Resolution No. 2008- 1301 was adopted by a roll call vote of2-1-2 (Commissioner Brezin against, and Mayor Edelcup and Commissioner Scholl abstained) in favor. V ote: Commissioner Brezin no Commissioner Goodman yes Commissioner Scholl abstained Vice Mayor Thaler yes Mayor Ede1cup abstained 10Q. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with LIVS Associates for Professional Architectural and Engineering Services for the Expansion ofthe Pelican Community Park Gymnasium and Recreation Center, in an Amount Not to Exceed $48,830.00, 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: City Clerk Hines read the title, and Public Works Director Rick Conner reported. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2008-1302 was adopted by a voice vote of5-0 in favor. 10 Summary Minutes: Regular City Commission Meeting July 17,2008 City of Sunny Isles Beach, Florida lOR. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Approving the First Amendment to the Williams Paving Company, Inc. Agreement for Additional Drainage and Paving Work for the State Road 826/Sunny Isles Boulevard Project, in an Amount Not to Exceed $280,1 05.39 $280,031.39, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said First Amendment to Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title, and Public Works Director Rick Conner reported noting a correction in the amount of an additional $74.00. He said in reference to the waterline that the City has a commitment from the City of North Miami Beach that the City will be reimbursed an amount of approximately $151,000.00. Public Speakers: None Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution, as amended. Resolution No. 2008-1303 was adopted by a voice vote of5-0 in favor. 10S. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Santamaria Trucking, Inc., for the Construction of the Necessary Drainage and Related Services on Sunny Isles Boulevard, in the Amount Not to Exceed of$89,250.00, in Substantially the Same Form as the Agreement Attached Hereto as Exhibit "A", Provided that Agreement is Approved as to Form and Legal Sufficiency by the City Attorney; 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 Public Works Director Rick Conner reported that this is in the old section and behind the sidewalk on Sunny Isles Boulevard. Public Speakers: None Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2008-1304 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Discussion/Live Presentation regarding WiFi Hot Spots. Action: City Manager Szerlag and Information Technology Director Edel Fonseca reported on WiFi Hot Spots in City Parks, initialized in Febmary 2008/completed July 2008, in-house. Public Speakers: none IT Director Fonseca presented plaques to representatives from Meizner Datacom Company, and AT&T for their assistance in getting wireless access to our Parks. II Summary Minutes: Regular City Commission Meeting July 17,2008 City of Sunny Isles Beach, Florida 12B. Discussion/Live Presentation by MCCi and Granicus regarding an Automated Agenda System. Action: Deputy City Clerk Priscilla Walker reported, and introduced Bob Kinsey ofMCCi and Reda Soodi of Granicus who reported on an automated agenda system. MCCi handles assembling the agenda, getting it ready, and posting it to the website with a full text search. Granicus does the public meeting management solution, assisting the City Clerk in the minutes, combining the video with the minutes, and posting the video and all supporting documentation to the City's web page. Public Speakers: Bob Kinsey; Reda Soodi It was the consensus of the City Commission to go forward with the purchase of this system. 12C. Add-On: Discussion regarding a Request from R.K. Associates to Modify the Code to Allow Limited Dancing in the Town Center District for Certain Restaurants, Specifically the Lotus Restaurant Located in the RK Town Center at 17082 Collins A venue. Action: [City Clerk's Note: See action to add this item under Item 4A.] Arnold Shevlin requested that the Commission allow dancing in restaurants in the Town Center District. Assistant City Manager Vera said once a dance floor is in, it is classified as a nightclub. The Code allows restaurants on certain days ofthe week to have live entertainment but states no dance floors, no outside entertainment or loud speakers will be permitted outside. Public Speakers: Arnold Shevlin Arnold Shevlin requested a modification to the Code to allow dance floors, allow the use at different times, and allow liquor to 1 :00 a.m., and dancing to 2:00 a.m., but it was suggested that dancing and liquor stop at the same time. He proposed dancing in conjunction with a full-service restaurant with 4,000 square feet or larger, with 200 seats or more in the Town Center District, and allow dancing Wednesday through Sunday until 1 :00 a.m. City Manager Szerlag said if the Commission wants to pursue this, he would have staff, in particular, Zoning for enforcement and the Police Department, to indicate what their issues would be on this matter. It was the consensus of the City Commission to have staff do further study on this and come back at the September 18, 2008 Commission meeting. 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 9:06 p.m. Respectfully submitted by: . ~A:L Jane A. Hines, CMC, City 0:lerk Approved by the City Commission on Sept. 18, 2008 12