HomeMy WebLinkAbout2003-0515 Regular City Commission Meeting SUMMARY MINUTES
Regular City Commission Meeting
Thursday, May 15, 2003, 7:30 p.m.
City of Sunny Isles Beach, Florida
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AGENDA
1. CALL TO ORDER/ROLL 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 Norman S. Edelcup
Commissioner Gerry Goodman
Commissioner Danny Iglesias
Commissioner Lila Kauffman
City Manager Christopher J. Russo
City Attorney Lynn M. Dannheisser
Acting City Clerk Jane A. Hines
2. PLEDGE OF ALLEGIANCE
Action: Commissioner Kauffman led the Pledge of Allegiance to the flag.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting—April 24, 2003.
Action: Vice Mayor Edelcup moved and Commissioner Iglesias 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 Item 7B after Item 5B; Revision to 9C Resolution; and Add-on New
Resolution, 9M.
Action: Mayor Samson said that it was requested to hear Item 7B after item 5B; there is a
revision to a Resolution, Item 9C; and a new Resolution was added, Item 9M.
Commissioner Kauffman moved and Vice Mayor Edelcup seconded a motion to approve
the above-mentioned changes to the agenda. The motion was approved by a voice
vote of 5-0 in favor.
Summary Minutes:Regular City Commission Meeting May 15;2003 City of Sunny Isles Beach,Florida
5. SPECIAL PRESENTATIONS
5A. A Proclamation to be Presented to George Newman,Realtor,Declaring May 15,2003 as
"George Newman Day in Sunny Isles Beach".
Action: Mayor Samson read the Proclamation proclaiming May 15, 2003 as "George
Newman Day in Sunny Isles Beach",.and presented it to George Newman.
5B. A Citizen's Commendation to be Presented to Robert DaSilva and to Soety DaSilva, for
their Efforts in Assisting the City of Sunny Isles Beach Police Department.
Action: Police Chief Fred Maas noted that Mr. and Mrs. DaSilva were out of town and
that the Citizen's Commendations would be presented at a later date. Chief Maas also
presented City Manager Russo with a plaque honoring him as the Police Department's
City Manager of the Year for 2002,for his dedication in promoting law enforcement and
for his support of the Police Department.
6. ZONING: ZONLNG HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. Request of Mandalay, LLC, Owner of the Property Located at 16275 Collins
Avenue, Sunny Isles Beach, Florida, for the Following:
[Hearing#Z2003-02]
1. Pursuant to Section 515 of the City of Sunny Isles Beach Land Development Regulations,
the applicant is requesting to transfer 33,657 square feet of development rights from the
City.
2. Pursuant to Section 508 of the City of Sunny Isles Beach Land Development Regulations,
the applicant is requesting a site plan approval for a 29-story, 90-unit condominium.
3. Pursuant to Section 703.8.4(h) of the City of Sunny Isles Beach Land Development
Regulations,the applicant is requesting to waive the Beach Access Easement requirement
under the Code.
4. Variance of Setback to permit a proposed parking pedestal to setback 2.33 ft. from the
interior (north) property line (20 ft. required) and setback 0.00 ft. from the interior
(south) property line (20 ft. required).
Protests 3 Waivers 0 Ex-Parte 0
Action: [City Clerk's Note: Three protest letters were distributed at the meeting from
Roger Anda, Hermann Blatz, and Morris Rosenberg.] Clifford Schulman stated that they
had just received the staff report and would like the opportunity to address some of the
comments with staff and requested deferral to the next regular City Commission Meeting.
Summary Minutes:Regular City Commission Meeting May I5,2003 City of Sunny Isles Beach,Florida
Public Speakers: Clifford Schulman, Esq.
This item was deferred to the next regular City Commission Meeting of June 19,
2003, by a voice vote of 5-0 in favor.
6B. Request of A.S. Investment L.L.C., Owner of the Property Located at 301 188th
Street, Sunny Isles Beach, Florida, for the Following:
[Hearing#Z2003-03]
1. Variance of Setback to permit a proposed residence to setback 17 ft. from the front
(south) property line (25 ft. required).
2. Variance of Setback to permit a proposed swimming pool to setback 8 ft. from the
interior (west) side property line (9.5 ft. required) and setback 6 ft (7 ft. required) from
the rear(north) property line.
Protests 0 Waivers 0 Ex-Parte 0
Action: City Attorney Dannheisser read a disclaimer for the Zoning hearing. Acting City
Clerk Hines read the applicant's name, hearing number, location and then administered
the oath to the witnesses for the Zoning hearing. City Attorney Dannheisser asked if there
were any ex-parte disclosures, and there were none.
Public Speakers: David Arad; Planning and Zoning Administrator Jorge Vera; Jerome
Gavcovich; Ellen Wynne
David Arad, part owner of this property, asked for Request No. 1 only,the front variance.
Planning and Zoning Administrator Vera presented the report noting that the applicant had
withdrawn request No. 2. Mr. Vera recommended denial of the request as evidence has
not been provided that demonstrates conformance with the LDRs.
Commissioner Iglesias suggested alternatives to the site plan. Vice Mayor Edelcup
suggested deferring this item until the site plan can be changed,or if the architect changes
it so it can be built as-of-right,then they won't have to come back. Mr. Vera noted that if
they defer,and they fix it to meet the Code,then they don't have to come back to the City
Commission because single-family homes are exempt.
Commissioner Iglesias moved and Vice Mayor Edelcup seconded a motion to defer this
item to a date uncertain. The motion was approved by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting May IS,2003 City of Sunny Isles Beach,Florida
6C. Request of Shimon and Orna Bouskila,Owner of the Property Located at 272 189th
Street, Sunny Isles Beach, Florida, for the Following:
[Hearing #Z2003-04]
1. Variance of Floor Area Ratio to permit proposed residence with a floor area ratio of
0.68 (0.60 permitted).
2. Variance of Setback to permit a proposed residence to setback 17 ft. from the front
(north) property line (25 ft. required).
3. Variance of Setback to permit a proposed swimming pool to setback 7.5 ft. from the
interior(east) side property line (9.5 ft. required).
Protests 0 Waivers 0 Ex-Parte 0
Action: City Attorney Dannheisser read a disclaimer for the Zoning hearing. Acting City
Clerk Hines read the applicant's name, hearing number, location and then administered
the oath to the witnesses for the Zoning hearing, and if there were any ex-parte
disclosures, and there were none.
Public Speakers: Usher Bryne; Planning and Zoning Administrator Jorge Vera; Shelley
Eichner
Mr. Usher Bryne,representing the owners,presented a report requesting the variances and
noted that there were no objections from surrounding neighbors. Planning and Zoning
Administrator Jorge Vera and Shelley Eichner, of Calvin, Giordano and Associates,
presented the report. Ms. Eichner noted that in Section 505.2 of the Code,it states"under
no circumstances shall the City Commission grant a variance to increase or permit a Floor
Area Ratio (FAR) density or use not permitted under the terms of this Zoning Ordinance
in the district involved." She stated that the City Commission is prohibited to grant a
variance to increase FAR per the Code.
Mr. Bryne stated that they will defer this matter and perhaps there will be a different way
to reconfigure this property, but stated that there are extenuating circumstances in this
case. Vice Mayor Edelcup stated that the City has an objective set of standards that have
to be applied.
Vice Mayor Edelcup moved and Commissioner Goodman seconded a motion to defer
this item to a date uncertain. The motion was approved by a voice vote of 5-0 in
favor.
City Manager Russo said that anything relating to front yards of any property in Golden
Shores has to be carefully looked at. The City just went through with probably the most
difficult project that it will go through,the Central Islands Storm Drainage Project,which
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Summary Minutes:Regular City Commission Meeting May 15,2003 City of Sunny Isles Beach,Florida
may end up costing more money because it is more extensive and the City is installing a
pump station. Golden Shores was a difficult and challenging drainage project because of
variances or administrative variances issued by the City,but most from different kinds of
circumstances from when it was under the County. The City had some unbelievable
obstacles because of not having proper setbacks in front yards and structures, and one we
are still dealing with to finalize that project.
7. ORDINANCES FOR FIRST READING
7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Ordinance No. 99-74, Adopting a Cost Recovery Deposit Fee Schedule for
Planning and Zoning Services, Attached as Exhibit "A"; Providing for an Effective
Date.
Action: Acting City Clerk Hines read the title and Planning and Zoning Administrator
Jorge Vera reported.
Public Speakers: none
Vice Mayor Edelcup asked how this compares to what we presently have. Mr.Vera noted
that the fees are being raised and that the fees are on a cost-recovery basis as listed in
Exhibit "A".
Commissioner Kauffman moved and Commissioner Goodman seconded a motion to
approve the proposal 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,June 19,
2003, at 7:30 p.m.
Vote: Commissioner Goodman yes
Commissioner Iglesias yes
Commissioner Kauffman yes
Vice Mayor Edelcup yes
Mayor Samson yes
7B. PUBLIC HEARING: Sitting in as the Local Planning Agency and the City
Commission, to Consider an Ordinance Amending the Land Development
Regulations (LDRs)
7B.1 A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida,
Recommending to the City Commission of Sunny Isles Beach,the Ordinance Amending
Section 703.8.4(m) of Land Development Regulations Ordinance No. 2002-165,
Attached as Exhibit "A"; Providing for an Effective Date.
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Summary Minutes:Regular City Commission Meeting May 15,2003 City of Sunny Isles Beach,Florida
Action: [City Clerk's Note: It was requested that this item be heard after SB.] Acting
City Clerk Hines read the title and City Attorney Dannheisser reported, noting that the
reason for moving this item up was because it affects the Zoning matter.
Public Speakers: none
Vice Mayor Edelcup moved and Commissioner Kauffman seconded the motion. LPA
Resolution No. 2003-05 was adopted by a voice vote of 5-0 in favor.
7B.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Section 703.8.4 (m) of the Land Development Regulations Adopted by
Ordinance No. 2002-165 Entitled"Parking Garage/Rooftop Open Space"to Provide that
Parking Structures that Fall Within the VE Zone*on Lots with 100 Feet of Frontage or
Less and Excccd 20 Fcet Above Cradc, are Exempt from Setbacks and Do Not Count
Against Floor Area Ratio; Providing for a Repealer; Providing for Severability and
Providing for an Effective Date.
Action: [*City Clerk's Note: The Ordinance was amended to add"..on lots with 100 feet
of frontage or less... "J Acting City Clerk Hines read the title and City Attorney
Dannheisser reported.
Public Speakers: Shelley Eichner, Calvin Giordano & Associates; Robert Cutcher,
Coastal Engineer; Clifford A. Schulman, Esq.; Charles Sieger, Architect; Janet R. Cini;
George "Bud" Scholl; Roslyn Brezin
Commissioner Iglesias clarified that the VE Zone goes west of the bulkhead line on only
certain lots; you can only build up to the bulkhead line or twenty feet from it, which
means that this applies to only a few lots.
Shelley Eichner of Calvin Giordano &Associates, agreed with the City Attorney that after
the adoption of the LDRs and upon investigation,researching,and reviewing plans in the
LDRs, it became apparent that in this particular section of the Code, there was confusion
as to the interpretation, to the actual applicability and the appropriateness of tying and
relating a VE Zone designation to Zoning.
Robert Cutcher, an Coastal Engineer,distributed FEMA Technical Bulletin 5-93"Free-of-
Obstruction Requirements for Buildings Located in Coastal High Hazard Areas in
accordance with the National Flood Insurance Program", which specifically addresses
construction aspects and engineering criteria for Velocity Zones, both V and VE. Mr.
Cutcher said that the difference between the V and VE Zone is that a VE Zone has a base
flood elevation,which is determined and is subject to velocity waves; a V Zone is subject
to flooding with velocity or waves where there is no base flood elevation determined.
Mr. Cutcher stated that specifically, based on elevation storm surges, the ocean only
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Summary Minutes:Regular City Commission Meeting May 15,2003 City of Sunny Isles Beach,Florida
recognizes changes in elevation or structures. He said the intent of establishing a VE
Zone is not to put persons or property in undue risk or to cause property damage, which
increases your flood insurance rates. Vice Mayor Edelcup said that the V Zone is
dangerous compared to a VE Zone,and Commissioner Kauffman said it is the velocity of
the waves and Mr. Cutcher agreed also adding the static elevation. He said that one is a
vertical dimension whereas setbacks are a horizontal dimension and he is not sure that the
two should be combined or compared. Commissioner Iglesias read on page three of the
handout under Obstruction Considerations: "Any construction element,such as a garage,
deck,bulkhead,or accessory building,that is structurally dependent on or attached to a V-
zone building is considered to be part of that building and must meet the requirements of
Section 60.3(e)(4), (5), and (6)."
Mr. Schulman,Esq. gave his interpretation of Land Use implications of a VE Zone verses
the Land Use Code. He stated that a VE Zone basically means that, under the FEMA
regulations,if any portion of the garage is within a V Zone,the entire garage is considered
to be within a VE Zone. From a Land Use point of view, this garage has to be taller then
it would otherwise be if it wasn't in a VE Zone because you are not allowed to excavate,
go down below grade, and everything you do in a VE Zone has to be above base flood
elevation,you basically have to have the garage elevated. Mr. Schulman,Esq.stated that
the clarification is we don't want big tall garages in the City, and if it is in a VE Zone it
has to be taller then it otherwise has to be without this Ordinance. Vice Mayor Edelcup
noted that if a property is wider, then the garage does not have to be taller.
Mr. Charles Sieger noted that the yield per acre is given for each acre in the zoning density
and so therefore the impact of this has to do with every size and every width garage
because you can get x on a hundred feet and you can get xx on two hundred feet and
therefore the number of cars doubles and the impact is relatively the same. He noted that
during the workshops, the intent was tall and skinny, suppress the garage and create
subterranean garages. There are instances where the VE Zone is seaward of the bulkhead,
which is a lot of the properties to varying degrees and up until the LDRs were passed,you
had a 25-foot setback behind the bulkhead which is the furthest seaward that any building
could go and now it is to the bulkhead. The intent was clearly"don't go into the setback
with anything", keep the garages as low as possible and if you correct this Code, it will
allow us to continue doing it even when there are a few properties that do lack the VE
Zone.
Vice Mayor Edelcup asked how can we correct this and still be within our Code for side
setbacks and beach accesses,we may be causing another problem with another section of
our Code that requires setbacks and beach accesses. Commissioner Iglesias said that if
you have a big enough land you don't have a problem, it only happens on a few lots that
are small. Commissioner Goodman stated that the VE Zone is very difficult and asked if
you get a smaller lot why can't you put the garages under the building and then go up to
the third or forth floor and start the building. Commissioner Kauffman asked how many
projects do you think these lots affect overall, and Mr. Sieger answered that there were
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Summary Minutes:Regular City Commission Meeting May I5,2003 City of Sunny Isles Beach,Florida
four. Vice Mayor Edelcup said that you can still meet FEMA requirements and still have
side setbacks and beach accesses because that is what we promised the citizens of this
City. Commissioner Kauffman asked if we can build today under the current Code and
Mr. Schulman said yes but he said that economics plays a part in this,and that the bottom
line is that unless you can yield an economic return on value, a developer and a private
property owner has a right to make a profit otherwise they won't come to the City. If this
regulation is not changed then it will result in taller garages. Something has to give,you
push the garages back, the garage has to be there to meet the parking needs, now you
pushed it back from the bulkhead, now we want side setbacks,and what it now does is go
up. Mr. Cutcher stated that it is always safer to have a setback, it is always better to have
an increase flow or increase hydraulic radius and therefore your resistance to flow and
impact to both your structure and your adjacent structure is less.
Bud Scholl suggested to stick with the Master Plan and do away with the VE Zone issue
all together, and deal with the properties on a case-by-case basis. Vice Mayor Edelcup
clarified that we have to repeal the section that is in there right now because it is incorrect
and replace it with nothing, and Mr. Scholl agreed.
City Attorney Dannheisser clarified that this is a Land Development Regulation,so it is a
Zoning provision. The issue is whether they have to come before the Commission for a
variance. The issue is not whether you will look at a site plan,because you will look at a
site plan regardless, the issue is whether it is built as-of-right because of the Zoning
regulation you pass tonight, or whether there will be variances involved.
Commissioner Iglesias stated that it was not written the way he had proposed it because he
specifically said on his proposal that you are either in the VE Zone or you're not. Vice
Mayor Edelcup said that you can design a building that would have setbacks and still fit in
the VE Zone depending on the size of that building.
City Attorney Dannheisser clarified that the Commission is voting on the Ordinance as
written and the only question she has is how many properties does this affect.
Commissioner Iglesias stated that he is amending the Ordinance for 100-foot lots only.
City Attorney Dannheisser further clarified that the way it is currently in the Code, it
provides all lots in VE and only"that portion of the garage which is in the VE Zone can
be without side setbacks, and the way it is amended it says if"any" portion of the garage
is within the VE Zone then the entire garage structure is not restricted by setback or
counted to FAR and it is further amended to only apply to 100-foot lots. Vice Mayor
Edelcup said if we vote for this we will not have side setbacks on 100-foot lots, and
Commissioner Goodman noted that it means you can build from lot line to lot line.
Mayor Samson passed the gavel, Commissioner Iglesias moved and Mayor Samson
seconded a motion to approve the proposal on first reading as amended for 100-foot
lots only. The motion was approved by a roll call vote of 3-2 in favor(Vice Mayor
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Summary Minutes:Regular City Commission Meeting May 15,2003 City of Sunny Isles Beach,Florida
Edelcup and Commissioner Goodman opposed). Second reading,public hearing will
be held on Thursday,June 19, 2003, at 7:30 p.m.
Vote: Commissioner Goodman no
Commissioner Iglesias yes
Commissioner Kauffman yes
Vice Mayor Edelcup • no
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. 99-65 and Ordinance No. 2001-124 Pertaining to"Elections,"
by Amending Section 5, "Canvass of Election Returns, Certificate of Election" by
Revising the Composition of the Canvassing Board; Providing for Repeal of
Conflicting Provisions;Providing for Severability; Inclusion in the Code; and Providing
for an Effective Date.
(First Reading 4/24/03) •
Action: Acting City Clerk Hines read the title.
Public Speakers: none
Vice Mayor Edelcup moved and Commissioner Kauffman seconded a motion to adopt
the ordinance. Ordinance No. 2003-170 was adopted by a roll call vote of 5-0 in
favor.
Vote: Commissioner Goodman yes
Commissioner Iglesias yes
Commissioner Kauffman yes
Vice Mayor Edelcup yes
Mayor Samson yes
9. RESOLUTIONS
9A. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Pursuant
to Resolution No. 2003-535 Calling a Special Election on Proposed Amendments to the
City Charter to be Held on June 10, 2003,Providing for City Commission Designation
of Two Registered Voters Who Shall Serve with the City Clerk as the Canvassing
Board for the Special Election on June 10, 2003; Providing for Conducting the
Election, Polling Places, Form of Ballot, Voter Registration, Notice of Election;
Providing for an Effective Date.
(Deferred from 4/24/03)
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Summary Minutes:Regular City Commission Meeting May 15,2003 City of Sunny Isles Beach,Florida
Action: Acting City Clerk Hines read the title and reported.
Public Speakers: none
Vice Mayor Edelcup recommended the two names of Manny Pine and Irving Diamond to
serve on the Canvassing Board.
Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve
the resolution,naming Manny Pine and Irving Diamond to serve on the Canvassing
Board. Resolution No. 2003-542 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,
Amending Resolution No. 2002-472, Establishing a Revised Schedule for City
Commission Meetings for the Calendar Year 2003,by Scheduling a City Commission
Meeting the First Thursday of the Month, as Needed, for Zoning Hearings;
Directing the City Clerk to Notice the Public of any Cancellations; Providing for an
Effective Date.
(Deferred from 4/24/03)
Action: Acting City Clerk Hines read the title and reported.
Public Speakers: none
Vice Mayor Edelcup noted that he had a conflict with the October 2, 2003 date because
he will be out of town. It was agreed to change it to Wednesday, October 1, 2003.
Commissioner Iglesias said he will be out of town on July 17,2003,and asked if it would
be possible to have a teleconference during the City Commission meeting and vote on
important issues. Vice Mayor Edelcup noted that the audience needs to see you and asked
the City Attorney. City Attorney Dannheisser said as long as they can hear you and you
can hear them.
Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve
the resolution as amended. Resolution No. 2003-543 was adopted by a voice vote of
5-0 in favor.
9C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving the Release of Two Declaration of Restrictions for the Dunes Hotel,
Attached Hereto as Exhibit "A"; 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: A revised Resolution was handed out.] Acting City Clerk
Hines read the title and City Attorney Dannheisser reported that there was a revision in
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Summary Minutes:Regular City Commission Meeting May 15.2003 City of Sunny Isles Beach,Florida
the Resolution under Section 1., adding "...provided the Dunes Hotel is no longer in
operation."
Public Speakers: Brian Adler, Esq.
Commissioner Goodman moved and Commissioner Iglesias seconded a motion to
approve the resolution. Resolution No.2003-544 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 Amendment No.3 to Agreement by and between the City of Sunny Isles
Beach and Vila& Son Landscaping Corp.,for Landscape Improvements for Sunny
Isles Boulevard Retention Areas I & II, in an Amount of $158,432.35, Attached
Hereto as Exhibit"A";Authorizing the Mayor to Execute Said Amendment;Authorizing
the City Manager to Do All Things Necessary to Effectuate the Terms of Amendment
No. 3; Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and City Manager Russo reported.
Public Speakers: none
Vice Mayor Edelcup moved and Commissioner Kauffman seconded a motion to
approve the resolution. Resolution No. 2003-545 was adopted by a voice vote of 5-0
in favor.
9E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving a Contractor's Agreement by and between the City of Sunny Isles Beach
and Shenandoah Construction Company, for the Cleaning of Storm Water Drains
and Catch Basins, and the Jetting of Lines Throughout the City, in an Amount of
521,697.50 per Year, for Three Years, 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 this Resolution; Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and Public Works Director Jim Watts
reported.
Public Speakers: none
Commissioner Iglesias noted that this will not be done on Collins Avenue,and Mr. Watts
said no that is FDOT.
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Summary Minutes:Regular City Commission Meeting May 15,2003 City of Sunny Isles Beach,Florida
Vice Mayor Edelcup moved and Commissioner Kauffman seconded a motion to
approve the resolution. Resolution No.2003-546 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,
Approving a Waiver of Plat for the Property Located at 17001 Collins Avenue, as
More Fully Described in Exhibit"A"; Providing for the City Attorney to Do All Things
Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and Planning and Zoning Director Jorge
Vera reported.
Public Speakers: none
Commissioner Goodman moved and Commissioner Iglesias seconded a motion to
approve the resolution. Resolution No. 2003-547 was adopted by a voice vote of 5-0
in favor.
9G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Providing for Financial Contribution to the City Off-Street Parking Trust Fund;
Providing for a Fee of$10,000.00 for Each Parking Space Eliminated in Accordance
with Section 801.1.2(b) of the Land Development Regulations; Providing for a Fee
Adjustment Annually Based on the Consumer Price Index; Providing for the City
Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
Action: Acting City Clerk Hines read the title and Planning and Zoning Director Jorge
Vera reported.
Public Speakers: none
Vice Mayor Edelcup said that we need to set an annual date. It was determined to set it
annually per Fiscal Year.
Commissioner Iglesias moved and Commissioner Kauffman seconded a motion to
approve the resolution as amended, annually per Fiscal Year. Resolution No.2003-
548 was adopted by a voice vote of 5-0 in favor.
9H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Rescinding Resolution No. 2001-382, Establishing the City Manager's Financial
Advisory Committee; Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and City Manager Russo reported that he
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Summary Minutes:Regular City Commission Meeting May 15,2003 City of Sunny Isles Beach,Florida
proposed to rescind Resolution No. 2001-382 so that he can meet his notice
requirements, and he can issue an Administrative Regulation saying that the Committee
shall serve the same way, and that one member shall be a City Commissioner.
City Attorney Dannheisser clarified that the City has acted in a lawful and proper manner
to date. If it is an Advisory Board constituted by the City Commission then you have got
to comply with the Sunshine Laws, which the City has been doing, but it renders it too
difficult to call an immediate meeting.
Public Speakers: none
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to
approve the resolution. Resolution No.2003-549 was adopted by a voice vote of 5-0
in favor.
9I. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the City to Participate in the "Partnership in Education" Program
Sponsored by the Cooperative PTA Organizations of Virginia A. Boone Highland
Oaks Elementary School and Highland Oaks Middle School to Raise Funds to
Directly Benefit the Students by Providing Computers for a Computer Lab and Para-
Professionals for Overcrowded Classrooms, in the Amount of 51,000.00 from the
General Fund; Providing the City Manager the Authority to Do All Things Necessary to
Effectuate this Resolution; Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and City Manager Russo reported.
Public Speakers: none
Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No. 2003-550 was adopted by a voice vote of 5-0 in favor.
9J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the City Manager to Submit a Grant Application to the Florida
Department of Transportation (FDOT) for a Transportation Enhancement
Program (TEP) Grant, for Reconstruction of Sunny Isles Boulevard/SR826 East
Bound Area, in the Amount of 51,000,000.00, with Matching Funds from the City;
Providing Assurance that the Required Match of fifty-fifty of the Grant Request will be
Available and Unencumbered at the Time of Grant Award;Authorizing the City Manager
to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an
Effective Date.
Action: Acting City Clerk Hines read the title and City Manager Russo reported.
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Public Speakers: none
Vice Mayor Edelcup moved and Commissioner Goodman seconded a motion to
approve the resolution. Resolution No.2003-551 was adopted by a voice vote of 5-0
in favor.
9K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Accepting a Donation of Sponsorship for Two (2) Full Time Summer Camp
Participants for Their Session Camp Fees for Summer Camp 2003, Summer
Olympics, in the Amount of $1,500.00, from the Sunflower Society; Providing the
City Manager the Authority to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and City Manager Russo reported.
Public Speakers: Gene Sweed; Cultural & Human Services Director Susan Simpson
Gene Sweed, Treasurer of the Sunflower Society, commended Cultural & Human
Services Director Susan Simpson and Program Coordinator Sylvia Arias, for a job well
done with the Summer Camp, and presented Ms. Simpson with the check.
Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No. 2003-552 was adopted by a voice vote of 5-0 in favor.
9L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Establishing Necessity to Acquire Property Located at 18080 Collins Avenue,
Commonly Known as the National Car Rental Site by Condemnation;Providing the
City Manager and the City Attorney with the Authority to Acquire the Property by
Purchase or Condemnation; Providing the City Manager and the City Attorney with the
Authority to Initiate an Eminent Domain Action and the Authority to Do All Things
Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and City Manager Russo reported.
Public Speakers: none
Mayor Samson passed the gavel and moved and Commissioner Iglesias seconded a
motion to approve the resolution. Resolution No. 2003-553 was adopted by a voice
vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting May I5,2003 City of Sunny Isles Beach,Florida
9M. Add-On Item:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving an Interim Increase in Annual Compensation for the Acting City Clerk of
the City of Sunny Isles Beach; Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and City Manager Russo reported.
Public Speakers: none
Vice Mayor Edelcup moved and Commissioner Goodman seconded a motion to
approve the resolution. Resolution No.2003-554 was adopted by a voice vote of 5-0
in favor.
10. MOTIONS
None
11. DISCUSSION ITEMS
None
12. CITIZENS' FORUM: REQUESTS,PETITIONS& OTHER COMMUNICATIONS
13. ADJOURNMENT
Vice Mayor Edelcup moved and Commissioner Goodman 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 9:58 p.m.
Re_spectfaliy submitted by: Approved by t ty Co is non June 19, 2003
- ?rm. ii/z(
• 'Jane A. Hines, Acting City Clerk David Samson, Mayor
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