MINUTES MEETING OF THE SUNRISE CITY COMMISSION

Transcription

1 MINUTES MEETING OF THE SUNRISE CITY COMMISSION Tuesday, January 12, :30 p.m. CALL TO ORDER ROLL CALL BY: Mayor Roger Wishner at 6:32 PM BY: City Clerk Felicia Bravo Those found to be present were: City Manager Bruce Moeller City Attorney Stuart Michelson Assistant City Attorney Kimberly Kisslan Director of Community Development Mark Lubelski Acting Administrative Aide Bonnie Prebble City Clerk Felicia Bravo INVOCATION AND PLEDGE OF ALLEGIANCE 1

2 SPECIAL ITEMS A. Presentation - Presentation of Employee of the Month for January, 2010 for Hance Adams, Utilities Operator, in the Utilities Department. Richard Fischer, Personnel Department. B. Presentation - Presentation of the January 2010 Officer of the Month Award to Officer Jose Martin. John E. Brooks, Police Chief. C. Presentation - Presentation of "Firefighter of the Month" to Fire Captain Scott Manning for January Norm Rynning, Fire Chief. D. Presentation - Presentation of certificate of recognition for full-time employees who have worked for the City in excess of 30 years. Richard Fischer, Personnel Director. CITY ITEMS None OPEN DISCUSSION Eleanor Rappaport spoke regarding Senior Volunteer Services. They are having their big push for funds now and are asking for donations from anyone that can give. As foster grandparents, they work with children every day; some of them have no families. Recently some children have come in with no jackets, and we provided that. There will be a luncheon on April 18 th, please attend if you can. She thanked Commission Sofield for all he does for the children. Daniel Berler, resident of Artesia, said he would like to discuss the Sunrise Village Site Plan that is on tonight s agenda. His building will be totally blocked by a garage if this project is approved. asked if he filed a Notice of Affected Party with the city. Community Development Director Mark Lubelski said he has not filed an affected party notice. The Commission will have to decide whether to listen to the resident s concerns. said that we will wait until we get to the item to discuss it. said Richard Coker would like to speak, he has not signed in, and it is up to the City Commission to decide if they will allow Mr. Coker to speak. 2

3 does not feel that an item that is pulled should be discussed. Richard Coker said he is here to request the item be placed on the agenda. said the agenda item was pulled. He has been on this dais for 13 years and has never had an attorney ask the City Commission as a body to place something on the agenda. City Attorney Michelson said that Mr. Coker has the right to ask if that can be done; it is not improper. It is something the Commission can address in their discussion. said that in ten years she has never seen something like this. suggested bringing it up under new business. COMMISSION/MAYOR REPORTS said that he wanted to let everyone know that the City of Sunrise is under single-stream recycling now. There is no longer a need to separate paper and plastic; everything can go in the same bin. We are working to change the bins as well. He asked Mr.Lubelski who is doing the drilling work on Sunset Strip between Pine Island Road and NW 68 th Avenue. Community Development Director Mark Lubelski said that it is Tenex. asked him to provide that vendor with our graffiti ordinance; many of their barriers are covered in graffiti, and these are in front of residences and businesses. He inquired about the golf course being on time with the project. Mr. Lubelski said that the 2 parks are still under design; Oakland Park Blvd.and 44 th Street dates being pushed back to spring. The golf course is currently under construction, we still have some minor permitting issues that we are dealing with the County. He will have to advise the Commission about an anticipated completion date. Hopefully it will be in the spring. said that we told residents certain projects will be ready, based on staff s reports. He thinks the City Commission should be brought more up-to-date on these things. He mentioned the Sunrise Towne Preferred Condo, anonymous letter received. He went by one property about some work being done without a permit, it says on the window unsafe structure. He asked if people are able to live in a house that is unsafe. Mr. Lubelski said no. said we need to have someone look into this; especially if someone is living on this property. 3

4 said we had a presentation by the Executive Director of the Resource Recovery Board in December. A few things came up; funds and we were to decide by resolution to continue on as a member. Through investigation we found out that funds that were in there were coming through Wheelabrator. For a number of years, the City has been receiving checks for overages. He requested the City Manager look into this and why we have not received these funds. City Manager Moeller said those funds are never budgeted until they are received. requested that he look into this. said when was on the board, we always got the money. said that unless we can get a hold of the Chair, we can check if the payments are going to continue. The tipping fee was lowered. The reason why we got a refund was also because we had money in reserve to cover the bonds for the incinerators. asked what is the status of those deposits. Are we going to get this money back? Richard Salomon from the Utility Department spoke regarding the status of the distribution check. The 2009 check was delayed, he checked with the Executive Director Ron Greenstein and we should get the check by March. The 2010 check should be received in May of He does not know the dollar amount, but will be advised on the distribution of each City. The total of reserves; we have outstanding bonds until 2011 and At the conclusion we will have at least $50 million in reserves and he has not been advised of the outcome. The cities may enter into an ILA. There is a lot of liability; all the funds cannot be distributed. The district will determine the distribution. asked if he recommended waiting or sending a letter. Mr. Salomon said he will send an to Mr. Greenstein that we are eagerly anticipating the funds. asked if the 2009 check was really representing money owed from 2008, and the 2010 check for Mr. Salomon explained the distribution of the excess funds. These funds will be from the 2008 year, which are usually distributed mid-year, the following year. There is always a lag of several months. CITY MANAGER S REPORT 4

5 None CONSENT AGENDA Motion A motion to approve Items A through J, except for E, I and J was made by was seconded by. Roll Call: A. Carnival (C10004) Resolution 10-1 A Resolution of the City of Sunrise, Florida, authorizing and approving All Saints Catholic Church s request to hold a church carnival to be held February 11 through 14, 2010, on church property located at West Oakland Park Boulevard, Sunrise; and providing an effective date. B. Amendment (C09451) Resolution A A Resolution of the City of Sunrise, Florida, amending Resolution ; recognizing a company name change from H.T.E., Inc. to Sungard Public Sector, Inc.; authorizing the Purchasing and MIS Directors to negotiate and execute maintenance agreements and other related documents with Sungard Public Sector, Inc., of Lake Mary, Florida, (F/K/A H.T.E., INC.); and providing an effective date. C. Amendment (C09443) Resolution A A Resolution of the City of Sunrise, Florida, authorizing a second amendment to Project Agreement No between the City of Sunrise and Youngquist Brothers, Inc., for the renewal of the concentrate well for the Sawgrass Treatment Plant; and providing an effective date. 5

6 D. Amendment (C10007) Resolution A A Resolution of the City of Sunrise, Florida, approving Amendment No. 1 to Project Agreement No MWH, between the City of Sunrise and MWH Americas, Inc., under the terms and conditions of Continuing Services Agreement (04)C-18-M, as amended, to provide for changes in the scope and schedule for engineering oversight, permitting and construction management services for the repairs to the Sawgrass Water Treatment Plant Concentrate Well No. 1; and providing an effective date. E. Shared Parking (C09426) A Resolution of the City of Sunrise, Florida, approving an application for shared parking for Sunrise Commerce Center, South Florida Full Gospel Assembly, Inc., Touch of Hope Christian Fellowship, Inc., and CPR Ministries International, Inc. located at the southwest corner of Sunset Strip and NW 11th Street; directing the recording of a restrictive (shared parking)covenant concerning the shared parking; and providing for an effective date. MOTION moved Item E and was seconded by Commissioner Scuotto. asked Mr. Lubelski about this item; wasn t it tabled? Commissioner Rosen looked at this property and is not comfortable with this application. There are too many churches, and not enough proper lighting. presented photos of work being done at the property. The front of the building was collapsing, there were several rusty nails sticking out of boards on the ground, mansard collapsing, dumpster not enclosed, graffiti, flooded parking lot and drainage problems. He asked if anyone from staff had gone out to look at this project prior to it being put on a City Commission agenda. Mr. Lubelski told him someone had. said he cannot believe that someone did not see all of this. The crux of the memo that went out said the City may grant or deny this permit. Hesaid there have also been alterations done inside this building without a permit. This row of churches has some property owner requirements to make sure this building is safe and structurally sound, and not a blight on the community. He is not willing to approve this until these problems have been rectified. 6

7 said he drove by the property today, most of the graffiti is gone and the barricades are back up. The fence is repaired. Mark Lubelski said there are several violations that have been on this property for some time. The contractor or property owners will not be able to get their business tax receipt until the shared parking agreement is approved by the City Commission. That will then allow them to process the permits for the interior build-out. said she is not in favor of this application; it is anunsafe structure, can this item be tabled again? Mr. Lubelski said the permit is issued and the cleanup is in the hands of the contractor. There is a hand full of items that cannot be improved without the shared parking agreement in place. asked how many square feet is the building and how many churches are in the building? Have each of the tenants been notified? Last time this happened we had several hundred people come to the Commission meeting. Mr. Lubelski said we have been in discussion with them. asked the City Attorney what is in the best interest of the City? City Attorney Stuart Michelson said whether or not you approve it or deny it, it is a legislative decision that should be made at these Commission s discretion. This property has the right to have these changes, as do people to come and explain. You can deny it or grant it, based on review of the entire situation. asked if the application is denied tonight then what will happen? Mr. Lubelski said there are currently three churches without a business tax receipt. Commissioner Scotto asked how long have they been there? Mr. Lubelski said he would have to check with Code. There are also two bays that have done renovations without a permit. said they created this mess, and now in order to fix this mess we have to extend this benefit; it is a catch 22. This should have been nipped in the bud. He compared this situation to the Blue Cross situation on the Ring Road of the mall. We did not cause this problem, they did. There is a safety issue here and we should not expose our residents to these issues. He thinks it should be denied. We do this to everyone else, including the residents of Sunrise Lakes with their patios. said he brought up the lighting problem at the last meeting. It has that been looked into. 7

8 suggested tabling the item for 60 days, and having the Unsafe Structures Board and anyone else that needs to go out there to do what has to be done. City Attorney Michelson said if you table to day certain, then you can avoid readvertising the item. MOTION moved to table the item until February 9th. Seconded by Scuotto. Roll Call: Nay F. Services (C09454) Resolution 10-2 A Resolution of the City of Sunrise, Florida, approving a contract with H&H Liquid Sludge Disposal, Inc., for removal of wastewater bio-solids services, utilizing the City of Fort Lauderdale RFP No ; and providing an effective date. G. Equipment (C10003) Resolution 10-3 A Resolution of the City of Sunrise, Florida, approving the purchase of laptops and desktop computers from Dell Computers, Inc. of Round Rock, Texas, under the terms of the State of Florida Contract ; and providing an effective date. H. Insurance (C10001) Resolution A A Resolution of the City of Sunrise, Florida, providing that when the City procures insurance or insurance consultants in accordance with Chapter 5 of the City Code or Resolution No , that the City authorizes the City s Risk Manager to 8

9 execute all necessary insurance applications, insurance contracts, insurance consultant agreements, insurance related service agreements and other insurance documents, including amendments, extensions, and renewals; and providing an effective date. I. Agreement (C09457) Resolution 10-4 A Resolution of the City of Sunrise, Florida, approving an agreement with Sunrise Catering, Inc., for the operation, management and maintenance of the banquet hall facilities at the Sunrise Civic Center; and providing an effective date. MOTION moved and was seconded by Assistant Deputy Mayor Alu. he has a problem voting in favor of this agreement. We have had numerous discussions about this catering company. There have been complaints about attitudes, not quality. asked Ms. Ungerer if this agreement extends to the Soccer Hall, Village, or anywhere else? Ms. Ungerer said it only covered the Civic Center banquet facilities. asked if it included vending. Ms. Ungerer said it does not. a section of the contract regarding maintenance of equipment. Ms. Ungerer said that was an error. said this reminds him, when they solicited for a private vendor to manage the golf course. This is the soul responder; how many catering companies did we reach out to with this RFP? Ms. Ungerer said she believes it was six or seven; it was put out twice. No one responded after the pre-bid conference. We put it out again and had one responder came to the prebid, and no one replied to the RFP. At that point we renegotiated with the current vendor. City Manager Moeller said one of the things of concern was the Theater Component. This is a one year agreement with Sunrise Catering. We are evaluating this and think there may be more synergy there. We are looking at getting more people to use the theater and have those events be held in conjunction with using the banquet facilities. We want to keep a caterer in there for now, and look into this a bit more before coming before coming 9

10 back to the City Commission. said he cannot understand how we have such beautiful facility, it cost the City $35 million to build; why don t we attract more business. The value is great. If no one knows about it, then people will go to the same old places; Signature Grand, and area hotels. We do not promote this and we do not sell it. We have spoken with people that want to utilize our facility; we need to the outside the box. He spoke with the Mayor of Coral Springs and their theater is always booked up; all you have to do is look in the paper to see all their events. We need to start making money from this, promote it, and use it. We have to resolve the error in Section 3.01 of the agreement. City Manager Moeller said the resolution allows for a review of the contract by the City Attorney, so that error will be corrected. does not understand why only one company responded. She is going to ask for a time certain about a response regarding privatizing or the study or proposal regarding this building. She does not understand the reasons for complaints; the food is amazing. said the complaints were not about the food, it was about no one being there to assist a resident, and the prices being high. Ms. Ungerer said the caterer is usually there six days per week, sometimes seven. The food is priced competitively asked what the percentage does the City receives. City Manager Moeller pointed out the section of the contract. asked how much the City took in last year. Ms. Ungerer said it was about $20,000. asked for and update to be given to the City Commission at the February 9 th meeting. asked who does the advertising for this facility. Ms. Ungerer said both the City and the caterer. advertises in various wedding magazines. We advertise in Horizons and he asked if we could have the vendor here next time. City Manager Moeller said we have had this out on the street, and now we are working on restructuring this to become a successful venue. 10

11 said we need to put our shoulders to the wheel on this. These enterprise funds have to be able to return something. left the dais asked about termination of the agreement. Ms. Ungerer pointed out where it was in the contract; sixty days termination. Roll Call: Absent Nay J. Vehicles (C100010) A Resolution of the City of Sunrise, Florida, approving the purchase of forty-three replacement vehicles with associated equipment, for various departments, under the terms of the Florida Sheriff s Association Bid No and the City of Orlando Bid SB ; and providing an effective date. City Manager Moeller said they have gotten several questions on this from the City Commission and would like to rework it. We went back to our vehicle maintenance vendor and reduced the amount of vehicles we would have to procure every year. Staff is requesting to pull the item for now. QUASI-JUDICIAL CONSENT AGENDA MOTION Quasi-Judicial Consent Items A and B was moved by and was seconded by. Roll Call: 11

12 A. (C09446) - Resort Villages of Sunrise - Revised Master Plan - ( P&Z 12/3/2009, Passed 4-0) RESOLUTION NO A A RESOLUTION OF THE CITY OF SUNRISE, FLORIDA, APPROVING A REVISED MASTER PLAN FOR RESORT VILLAGES OF SUNRISE (MULTI-FAMILY RESIDENTIAL DEVELOPMENT); LOCATED AT THE NORTHWEST CORNER OF NW 136 TH AVENUE AND FLAMINGO ROAD; PROVIDING FOR PENALTIES FOR VIOLATIONS OF THE CONDITIONS OF APPROVAL; PROVIDING FOR THE TERM OF THE PERMIT; AND PROVIDING AN EFFECTIVE DATE. Community Development Director Mark Lubelski requested a presentation by the applicant. Susan Motley, representing Huizenga Holdings, owner of the property, came forward. This is part of a long standing agreement that has been before the Commission many times. The resident did speak with the engineer prior to the Meeting; his concern is the parking garage. These properties were meant to be developed consistent with each other. The building the resident is referring to is 200 feet away, it is a 3-story parking garage. This has all been previously approved by the City Commission. These issues have been addressed previously with having an overall consistent design. The developers are happy to discuss this and work with the resident. This is a plan that has already been approved by the Commission. She asks that the Commission approve this item tonight; this resident does not comply with the requirements for an effected party. believes that the developer is still in control with Artesia. He asked if has Minto reached out to you to discuss this particular issue. Miss Motley said they have not. We have always had a very good relationship with Minto with sharing plans. asked the City Attorney to verify if the resident does not meet the effected party notice standard, did he not get five days notice. asked the City Attorney for his ruling. City Attorney Michelson said land development code said to be an effected party the person shall notify staff five days prior to the hearing date. This person did not give notice. said to the resident that if the company says they will sit down with you, they will sit down with you and try to accommodate you. asked about notices that were mailed out. 12

13 Mr. Lubelski the City does that, and the resident was mailed the notice. The resident said he received the notice. B. (C09447) Sunrise Village Site Plan RESOLUTION NO A RESOLUTION OF THE CITY OF SUNRISE, FLORIDA, APPROVING A SITE PLAN FOR SUNRISE VILLAGE (MULTI- FAMILY RESIDENTIAL DEVELOPMENT) TO BE LOCATED AT THE NORTHEAST CORNER OF THE SAWGRASS EXPRESSWAY & NW 127 TH AVENUE; PROVIDING FOR PENALTIES FOR VIOLATIONS OF THE CONDITIONS OF APPROVAL; PROVIDING FOR THE TERM OF THE PERMIT; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS A. Amendment (C09436) Re: Second Reading Ordinance A Ordinance of the City of Sunrise, Florida, of an Ordinance of the City of Sunrise, Florida, amending fiscal year 2009/2010 Budget Ordinance No. 505, to amend the General Fund (Fund 001), and Police Confiscation/Forfeiture Fund (Fund 610), providing for conflict; providing for severability; and providing an effective date. MOTION moved the item for approval and was seconded by Commissioner Lawrence Sofield. opened the public hearing. No one came forward. Public hearing closed. said that part of this is funds for trees; is this for residents. City Manager Moeller replied no, it is for the City. Roll Call: 13

14 B. Amendment (C09400) Re: Second Reading Ordinance A An Ordinance of the City of Sunrise amending Chapter 16 Land Development Code, amending Article XIV Signs Section Purpose and Definitions to provide a definition of searchlight; amending Article XIV Signs Section Temporary Signs to provide for grand opening searchlights and special event searchlights; amending article XIV Signs Section Approval Process to exclude searchlights from the list of exempt signs; providing that all other provisions of the Code of Ordinances of the City of Sunrise, Florida, shall remain in full force and effect; providing for conflict; providing for severability; providing for inclusion in the code; and providing for an effective date. Motion A motion to approve Item B made by Deputy Mayor Alu and was seconded by. opened the public hearing. No one came forward. Public hearing closed. Community Development Director Lubelski said we identified that there shall be no more than one searchlight at a grand opening. asked about five days for lights. Mr. Lubelski said the City called and found out most rentals are for five days, that is why we put it there. MOTION moved to add that the light at the grand opening event shall not exceed a five consecutive day stay. It can be delivered five day before, but must be removed five days after. Seconded by. Roll Call: 14

15 Roll Call on the item as amended one time. Roll Call: C. Amendment (C09448) Re: First Reading An Ordinance of the City of Sunrise, Florida, amending Section 6 Fire Prevention and Protection*, Article III Standards, Chapter 6-51 Adoption of Fire Prevention Code; to conform to and cite current references; providing for conflict; providing for severability; providing for inclusion in the city code; and providing an effective date. Motion A motion to approve Item C made by and was seconded by. opened the public hearing. No one came forward. Public hearing closed. Roll Call: D. Amendment (C09449) Re: First Reading An Ordinance of the City of Sunrise, Florida, amending Chapter 3 Alcoholic Beverages*; Article II Extended Hours License Procedure*; Section 3-10 Application and Review Procedures for Extended Hours Licenses; and Section 3-12 Issuance, Revocation, and Renewal of Extended Hours License; to amend the procedures for the denial and revocation of extended hours applications and licenses; providing for conflict; providing for 15

16 severability; providing for inclusion in the city code; and providing an effective date. Motion A motion to approve Item D made by and was seconded by. opened the public hearing. No one came forward. Public hearing closed. said that on page 4, the new Item 3, regarding revocation of license. The word novo needs to be simplified. City Attorney Michelson said the word has a clearly known meaning. The novo has always been in the ordinance. He suggested would consider the matter anew. It is hard to capture. asked why the applicant can t just come back, maybe we could charge a higher fee. said they go through Planning, Police and Fire; why would the City Manager revoke the license. City Attorney said the City Manager will make that determination based on advice from those three departments. said for clarification regarding revocation and denial. MOTION move to amend to 180 days for denial only. Seconded by. asked if there is a fee. Mr. Lubelski said it is $300. said why don t we just have them double the fee every month. said they should have more opportunities to correct the situation. If we raise the fee and that will discourage them to come back to us. ROLL CALL (on amendment) Nay 16

17 Roll Call: Nay E. Nuisance Abatement (C09418) Re: First Reading An Ordinance of the City of Sunrise, Florida, amending Chapter 9 Nuisances by creating Section 9-2 Conditions Declared Public Nuisances and 9-3 Definitions; amending Section 9-31 Proper Maintenance Required to Delete Residential; amending Section 9-33 Abatement Procedure regarding Public Nuisance and add repeat violate; amending Section 9-35 Recovery of Enforcement Costs; amending Section 9-50 certain Ficus Nitida and Ficus Benjamina declared hazardous; Section 9-52 Notice to Abate; abandoned or derelict motor vehicles; creating Section 9-53 Abatement; abandoned or derelict motor vehicles; amending Chapter 13.5 Swimming Pools*; amending Section Definitions; and Section Sanitary and Safety Requirements; to provide for changes to the nuisance abatement process and procedures, safety requirements and definitions; providing for conflict; providing for severability; providing for inclusion in the city code; and providing an effective date. Motion A motion to approve Item E made by was seconded Deputy Mayor by Rosen. opened the public hearing. No one came forward. Public hearing closed. Roll Call: Nay F. Budget Amendment - FY 2009/2010 (C10008) Re: First Reading An Ordinance of the City of Sunrise, Florida, amending Fiscal r 2009/2010 Budget Ordinance No. 505, to amend the General Fund (001), the Capital Improvements Fund (Fund 325) and the Stormwater Utility-Capital Fund (Fund 444), providing for conflict; providing for severability; and providing an effective date. 17

18 Motion A motion to approve Item F made by was seconded by opened the public hearing. No one came forward. Public hearing closed. said under Capital Funds, we re putting $275K into the pool. According to the City Manager it may be up to $1 million; why don t we put the money in now. City Manager Moeller said we are getting the engineers out now for a preliminary assessment. We have already put the insurance company on notice regarding this. suggested leaving the number as is, and amend later, if needed. asked if the city has we already filed suit. City Attorney Michelson said no. said that since this is litigation each Commissioner should speak with the City Attorney privately about this item. Roll Call: G. Amendment (C09387) Re: First Reading An Ordinance of the City of Sunrise, Florida, amending Ordinance No. 715-X, as amended; amending Section 2(D) Insurance Benefits; amending Section 2(N) Retiree Health Insurance; providing for conflict; providing for severability; and providing for an effective date. City Manager Bruce J. Moeller. Richard J. Fischer, Personnel Director. Motion Assistant Deputy Mayor moved that Item 11G and New Business Items 15A and 15B be tabled, since the Commission just received a large package of 18

19 information. seconded. Roll Call: QUASI-JUDICIAL PUBLIC HEARING None CITY CLERK S REPORT None CITY ATTORNEY S REPORT None OLD BUSINESS said he spoke with Lynn Shatas regarding the FPL property on 44 th Street. Half of the small bushes planted are dead. On 115 Terrace there is low shrubbery. The facility by Welleby Park is fully enclosed; why can t the other facility look as good suggested treating them like any other business, issue them a citation. said they replaced their 15-foot ficus hedges with one foot hedges. Mark Lubelski said they will work with Code regarding this. NEW BUSINESS 15A.715-X Discussion - Commission discussion and/or action regarding Ordinance 715-X and amendments thereto. Item was table under Item 11G. B. Letter of Understanding 19

20 A Resolution of the City of Sunrise, Florida; approving a Letter of Understanding between the City and the Florida State Lodge, Fraternal Order of Police, Sunrise Lodge 80A (FOPA); authorizing the Personnel Director to execute the Letter of Understanding; and providing an effective date. Item was table under Item 11G. C. Resolution A Resolution of the City of Sunrise, Florida, urging all members of the Florida legislature to support Senate Bill (SB) 376, which authorizes advertisements and public notices to be posted on publicly accessible websites; directing the City Clerk to transmit a certified copy of this Resolution to the Senate President, the Broward County legislative delegation and any other interested party; and providing an effective date. MOTION moved, was seconded by. said he does not think this is necessary. Today the Broward League of Cities voted for this. We had a joint workshop with the County on it. said she does not support this. we need to sit down with the media and work this out. asked for the item to be withdrawn. NEW BUSINESS said there was an issue he brought up during the November 24 th meeting. We ended up with a stalemate. He and wanted the policy to be changed to allow a caterer at the city facilities. Assistant Deputy Mayor Alu wanted fees raised. did not want that to be a staff decision. was absent. Now we are back to square one; we still don t have a policy in place. He would like this on the next agenda, and include rate adjustments. City Manager Moeller said the rate adjustment is done by resolution. What we will do is prepare a resolution with the rates, prior to the meeting, and get survey information. At that time Commission can amend, if so desired. We will also discuss catering. said we can move forward and revise the policy regarding catering. asked why there is no alcohol allowed at Welleby, Village and New River. 20

21 City Manager Moeller said it was due to the comfort level. said that we will discuss it all in two weeks. spoke regarding the Advisory Boards. He distributed information from the website regarding the Education Advisory Board and he would like to include that the requirement for membership include that the board member must join one of the School s Advisory Boards; SAC, PTA, etc. Since each board member is assigned to one Sunrise school, this will ensure that the member is active in their school. asked if you can join a particular school s advisory board if you do not have a child attending that school. would like to speak with her appointee, Mike Ryan about this. She would also like to take some time to think about it, to talk to legal, etc. She asked if this can be placed on the next agenda. had a point of clarification; mentioned before that something specifically is placed on an agenda. He got information from the City Manager and nothing was ever placed on an agenda. He would like to hear from all the parties, the City Attorney and Mr. Coker. said she has been told this project does not meet code and is direct violation of a contract we have with Republic. We do not want to set precedent; we have procedures that must be followed. She does not agree with allowing a land owner or their attorney to put an item on an agenda when staff has already said no. Republic should know that this item is on the agenda, so they can be represented. Staff has already told this owner no; are we going to start allowing people to come to the Commission after staff says no? What kind of precedent are we setting? She says no, he cannot speak. agrees with, there are affected parties that would want to be represented tonight. He would not feel comfortable having Mr. Coker come before the Commission tonight; he does not feel we should be put in that position. said the media has a special interest in this topic as well. agrees and asked for this item be placed on the January 26 th agenda. requested a consensus about hearing this item on the 26 th. said she would like to speak with legal before we place something on an agenda that does not meet code. suggested moving it to the February 9 th meeting. 21

22 said you will have to let all the affected parties speak. would like to hear at the next meeting from Mr. Michelson in regard to what he may or may not discuss with Mr. Coker. If he has no objections, then it will be placed on the following agenda. said that Sunrise is now considering a dump. He said that has now started a thunder storm. said we are not discussing this or hearing this tonight. ADJOURNMENT The meeting adjourned at 9:20 PM. Respectfully submitted by Meryl Girard, Assistant City Clerk 22