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HomeMy WebLinkAbout2003-1218 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, December 18, 2003, 7:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW'REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF,BOARDS,COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 7:32 p.m., with the following officials present: Mayor Norman S. Edelcup Vice Mayor Gerry Goodman (Absent-ill) — Commissioner Roslyn Brezin Commissioner Danny Iglesias Commissioner Lewis J. Thaler City Manager Christopher J. Russo City Attorney Lynn M. Dannheisser City Clerk Jane A. Hines 2. PLEDGE OF ALLEGIANCE/INVOCATION Action: Bob Welsh led the Pledge of Allegiance to the flag. Richard C. Schulman gave an invocation. Mayor Edelcup gave opening remarks of decorum, and noted that Vice Mayor Goodman is in the hospital recovering from surgery. Mayor Edelcup announced that there will be a holiday party during a break in the Commission Meeting. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting—November 20, 2003. 3B. City Commission Meeting: Zoning Hearing—December 4, 2003. Action: Commissioner Thaler moved and Commissioner Brezin seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 4-0-1 in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items. Action: Mayor Edelcup announced that there had been several handouts including amendments to 7A, 7B, and 8A. Summary Minutes:Regular City Commission Meeting December 18,2003 City of Sunny Isles Beach,Florida 5. SPECIAL PRESENTATIONS 5A. Announcement of Police Promotions. Action: City Manager Russo stated that this is one of the first major steps in moving forward with the implementation of the Master Plan for the Police Department to be at the manpower, staffing, and levels that we need to be, based on the growth of this community, the other plans, and the City's interest in gaining accreditation recognition for the Police Department. Police Chief Fred Maas thanked City Manager Russo for his role in accomplishing this. Chief Maas said that candidates for promotion go through a rigorous assessment center, and announced the following Police promotions: from Corporal to Sergeant: Ray Atesiano,Ed Santiago, Lee Athanasiou,Paul Manzella, and Robert Randazzo; and from Sergeant to Lieutenant: Dwight Snyder. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of Fortune Beach, LLC, Owner of the Property Located at 17001 Collins Avenue, Sunny Isles Beach, Florida, for the Following: [Hearing#Z2003-15] 1. Variance of Section 265-35 D (4)(a)(1) of the Code of Sunny Isles Beach to permit proposed temporary sales office to setback 12.5 feet (75 feet required) from the front (west) property line. 2. Conditional Use pursuant to Section 265-13 of the Code of the City of Sunny Isles Beach, to permit a temporary sales office. 3. Pursuant to Section 265-18 of the Code of the City of Sunny Isles Beach, the applicant is requesting a site plan approval to permit a temporary sales office for an approved development. Protests 0 Waivers 0 Ex-Pane 0 Action: City Clerk Hines read a disclaimer for the Zoning hearing, and read the applicant's name, hearing number, location and then administered the oath to the witnesses for the Zoning hearing. Planning and Zoning Administrator Jorge Vera presented a report. Public Speakers: Judith Burke, Esq.; Beatrice Hernandez Judith Burke,Esq.,representing Fortune Beach,LLC, said that the application is a request to build a temporary Sales Center on the Jade site, and Beatrice Hernandez of Kobi Karp Architects,presented renderings of the Sales Center. Ms. Burke said rather than place the standard trailers on the site to house the sales operation,Fortune designed a Sales Center, Summary Minutes:Regular City Commission Meeting December IS,2003 City of Sunny Isles Beach,Florida which will cost in excess of$3 Million to build. She said that in an abundance of caution and because the cost of designing such a structure was considerable and it was being located in the setback, they brought the plans into the City to confirm that no zoning action was required. She said the plans were submitted to Jorge Vera in early August,and on August 21,2003,Ron Korn from Fortune and herself met with Mr. Vera to go over the process. She said that Mr. Vera confirmed that the proposed sales center fell under the Code provision dealing with temporary use structures and that the only thing they needed to do was to apply for a building permit, and she confirmed the information that Mr. Vera provided to them in writing, and based upon the clear wording of the LDRs, and Mr. Vera's confirmation that no zoning public hearing or similar approval was required,they instructed their architects to begin preparing the working drawings, which cost thousands of dollars to prepare, were then submitted to the City for a building permit. Ms. Burke stated that it was late October when they were asked by Mr. Vera to attend a meeting at the City to discuss issues related to the Sales Center and they were initially advised that it had something to do with the landscaping in front of the Sales Center, however, during that meeting, which was attended by City Manager Russo, the City Attorneys, Jorge Vera, among others, they were advised that the City Attorney did not agree with their interpretation and they were further advised that they would be required to obtain a Conditional Use,a Site Plan Approval, and a Variance to construct in the setback and that this would all be through public hearing. She further stated that after they expended such considerable sums of money on the working drawings for the Sales Center, and having made commitments to begin marketing the project at a certain time, they agreed to file for the approval, and they filed without waiving any of their rights that such approvals were not required but the filing of the application was the only way they could get this issue in front of the Commission. Ms. Burke said that it has come to their attention that the Sales Center was a little high, and if it was set back a little bit further from Collins Avenue. She said if they could move the Sales Center completely out of the setback area, they would do so, however, if they move it out of the setback area it will be on the building footprint and they will not be able • to start construction of the project. She said that they are concerned about obtaining a building permit for this already designed structure as quickly as possible and they understand that the permit is almost ready and could be issued in three weeks. She said they need to construct the building and have it operational for their selling season and if they lose any more time in the redesign of the building they could completely miss the most important part of that initial season, however, they were advised by their architects that it would be possible to revise their plans to decrease the height of the roof of the structure from 44-feet to 30-feet without significantly delaying their construction schedule, and they believe that the height of the building as it is,really diminishes the size of the building because it creates space where you can actually view the ocean and that is why it was designed that way. She said that in addition to changing the construction schedule as it relates to the footprint of the project's garage, she said that they can move the building back an additional 121/2 feet from Collins Avenue,and that would create a 25- 3 Summary Minutes:Regular City Commission Meeting December 18,2003 City of Sunny Isles Beach,Florida foot setback rather than the 121/2 foot that was originally shown on the plan. She stated that the architects worked overnight and they made the changes and brought with them twelve sets of the revised plans and available this evening. She said that Fortune would be willing to commit on the record tonight, to amend the plans if the Commission is willing to approve it this evening. Mayor Edelcup summarized what he had heard, that it can be moved back 25 feet instead of 121/2 feet, reduce the height from 44-feet to 30-feet, and he asked if the design that was in the rendering would be similar only on a reduced scale, and Beatrice Hernandez of Kobi Karb Architects, agreed. Commissioner Thaler asked about the landscaping and Ms. Hernandez presented a colored site plan. Commissioner Brezin asked if that was a view from the side,and Ms. Hernandez showed her where Collins Avenue was on the plan,and that there would be a landscape buffer of which would be approximately 10-feet, if they move the building back,they would maintain a 10-foot buffer along Collins Avenue. Ms. Hernandez said that they are also proposing to put some low-level landscaping around the area to soften the drive area,and that the landscape buffer as well as the one along Collins Avenue, they are proposing a landscape hedge, which at planting would be five-feet, which creates a backdrop to the Sales Center. Commissioner Brezin asked what you would see from Collins Avenue, and Ms. Hernandez said date palms and ground covered landscaping, so you would really perceive the parking area, you would first perceive the landscape buffer with the date palms, and it will be up-lit at night. Commissioner Thaler asked if the rendering was already showing the 25-feet,and that there are six palm trees in front of the stilts, and Ms. Hernandez said yes, and that they had preliminary conversations with Bill O'Leary and that is what he was requesting along Collins Avenue. Mayor Edelcup asked if it allows emergency vehicle access and she answered yes it does. Planning and Zoning Administrator Jorge Vera reported that the recommendation that was before the Commission is on the prior plans that were given to them. He noted that with the changes that have occurred now, the applicant's request for a variance is still needed, because staff is still contending that there is a 75-foot setback. The intrusion into the setback is a lot less than previously by another 121/2 feet, now you have 25-foot setback from the front,you have a landscape buffer that totally buffers the automobiles,the height of the building has been reduced by 30-feet, the intrusion of the building from what it was before and what it is now, is a lot less, at least half. Mr. Vera said that the variance still has to be granted, although there is a change in it, it is still within the scope of the ad. Commissioner Brezin said that basically what we are looking at is the 25-foot setback and with the changes, we are looking at approximately the height of a three-story building with the stilts, and asked if this same structure could be done in the height of 20-feet and having it two stories, a lower structure. Ms. Burke said that she understood, architecturally, the most they could bring it down was the 30-feet and still maintain any integrity of this beautiful design, it wouldn't have the impact that it does now, and it would lose the ability of the light coming through underneath the building. Mayor • 4 Summary Minutes:Regular City Commission Meeting December 18,2003 City of Sunny Isles Beach,Florida Edelcup said you have more open-space under the building this way. Commissioner Thaler asked why it was not put on the side like most of them, why on Collins Avenue straight across? Ms. Burke said that it would still be within the setback,it would be the same problem, and it wouldn't look like that. Commissioner Thaler asked why would it be in a setback,they could have designed something for the side and not for the front going straight across Collins Avenue? Ms. Burke said they would not have the room to do that because the side of the building comes out so far, they would only have 20-feet. He said that they could have put it in the back, and Ms. Burke said no because of DEP regulations past the Coastal Construction setback line. Mayor Edelcup said they only have the 75 feet to work with and if they put it sideways they wouldn't get the length of the building or the view. Commissioner Iglesias said that this is a great visual impact compared to just sticking a trailer in there, they have lessen the impact by doubling the distance to the back, and he wished that everyone would spend $3 Million to put in a sales trailer in future projects. Mayor Edelcup said it is a shame that it has to come down, and Commissioner Iglesias said we can use it for a recreation center for the City Hall. Ms. Burke said if you can move it you can have it. Mayor Edelcup said is that a promise, and Ms. Burke said Mr. Latuna is here and he said yes. City Attorney asked if we want to clarify because of what happened last time, if we want to hold open the hearing until next time. Mayor Edelcup said we will basically be approving it subject to the written interpretation so we have an opportunity to see the new site plan, and Ms. Burke said they have the plans ready now and will distribute them,and the City Commission will have the opportunity to see them,since they are bringing it back to approve the written resolution,the Commission will have time until that hearing to see them. Mayor Edelcup said he would like to take a vote tonight, subject to all the conditions that are going to be put into this to revise the plans from what was originally presented, and whatever legal comments that are needed from the Attorney that they will all be incorporated in it,just so we have a consensus here to move forward, we will take that vote subject to final adoption at the next meeting. City Attorney Dannheisser suggested accepting it as an amended application right here and now and not go through another process but hold off the vote until we have had an opportunity to review the plans and let Shelley Eichner look at them because we are not really equipped to make a judgment until we have seen the plans,although there may be a consensus about where we are going. Ms. Burke said that they would really like a vote tonight so they will know which way they are going, and City Attorney Dannheisser asked if they would not then have a problem if the City has to put conditions in, that are not here in the recommendations now. Ms. Burke understands that completely and is willing to accept the conditions. 5 Summary Minutes:Regular City Commission Meeting December 18,2003 City of Sunny Isles Beach,Florida Commissioner Iglesias moved and Commissioner Brezin seconded a motion for approval, subject to staff conditions, and bring back the Resolution to the City Commission for final approval. The motion was approved by a roll-call vote of 4-0- 1 in favor: Zoning Resolution No. 03-Z-79. Vote: Commissioner Brezin yes Commissioner Iglesias Thaler y Vice Mayor Goodman absent Mayor Edelcup 613. Request of Ocean Two Condominium Association, Inc., Owner of the Property Located at 19111 Collins Avenue, Sunny Isles Beach, Florida, for the Following: [Hearing#Z2003-11] 1. Conditional Use pursuant to Section 265-13 of the Code of the City of Sunny Isles Beach, to permit an existing restaurant for use of the residents of the condominium and the general public. Protests 0 Waivers 0 Ex-Parte 0 Action: City Clerk Hines read a disclaimer for the Zoning hearing, and read the applicant's name, hearing number, location and then administered the oath to the witnesses for the Zoning hearing. Public Speakers: Michael Snyder, Esq.; Phillip Chernoff Michael Snyder,Esq.,representing Ocean Two Condominium Association,Inc.,said they have a licensed restaurant for 74 seats in the back of the facility that is used for residents at Ocean Two, and that tonight's request is to be permitted to allow use by unit owners from Ocean One,Ocean Three, and the general public that is on the beach. He noted that on the north side of the property there is an easement with bathroom facilities. Mr.Snyder said that they are asking for an additional condition,that in order for someone to be served beer or wine they have to do so in conjunction with a meal because they do not want to become just a bar. He also asked for a change of hours of operation, currently they are opened Monday through Thursday, from 10:00 a.m. to 5:00 p.m., Friday and Saturday, from 9:00 a.m. to 9:00 p.m., and Sundays from 9:00 a.m. to 8:00 p.m., and he questioned why in the staff recommendation it states from 10:00 a.m. on Sunday. In addition, they would like to extend the hours for future use,Monday through Thursday,from 10:00 a.m. to 8:00 p.m., Friday through Sunday, from 9:00 a.m. to 10:00 p.m. Planning and Zoning Administrator Jorge Vera reported noting that the license for the restaurant is under the name of Ocean Two. He also noted that the issue with the bar is not a permitted use as far as for restaurant, and as far as the time on Sunday, which 6 Summary Minutes:Regular City Commission Meeting December 18,2003 City of Sunny Isla Beach.Florida changed from 9:00 a.m. to 10:00 a.m., this is due to the beer and wine licensing uses under the Code, if there was a need to start at 9:00 a.m., they would have had to ask for a variance. Commissioner Thaler asked how they will stop the people from coming into the front door to go directly to the restaurant, Mr. Snyder said they cannot do that for security reasons, they must have their car either valet parked to see a resident,or be a resident with an electronic access card. Mr. Snyder stated that the restaurant is outside, noting that there are only one or two tables inside, and the rest is outdoors. Commissioner Iglesias moved and Commissioner Thaler seconded a motion for approval,subject to staff conditions with the modification on operation hours(from 10:00 a.m.on Sunday). Resolution No.03-Z-80 was adopted by a roll-call vote of 4- 0-1 in favor. Vote: Commissioner Brezin yes Commissioner Iglesias yes Commissioner Thaler y Vice Mayor Goodman absent Mayor Edelcup yes 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Repealing Amending Section 5-1-5 265-23 of the Land Development Regulations, Relating to Transfer of Development Rights; Providing for Revised Definitions; Providing for Establishment of Sending Sites, TDRs Transferred, Fees; Providing for TDRs Transferred from City Owned Sender Sites;Providing for TDRs Transferred from Privately-Owned Sender Sites and a Revised Application Process to Consolidate the Site Plan Review Process and the Transfer of Development Rights Process; Providing for Establishment of Receiver Sites; Providing for Fees; Providing for Transferable Development Rights from City Owned Sender Sites, Cost of Transferable Development Rights from City Owned Sites; Providing for Transferable Development Rights from Privately Owned Property Sender Sites;Providing for Cost of Transferable Development Rights Issued by Private Owners from Privately Owned Sender Sites; Providing for Development Limitations Upon Receiving Sites; Identifying Land Ineligible for Consideration as Receiving Sites;Providing for Procedures Pertaining to the Purchase of Development Rights for Use on a Potential Receiving Site; Providing for Review and Recommendation by Planning and Zoning Administrator,Scheduling of Hearing,Review by the City Commission and Recording of Documents; Providing for TDR Bank; Establishment of TDR Bank; Deposits and Withdrawals from TDR Bank and Limitations; Providing for a Repealer; Providing for Severability; Providing for an Effective Date. Action: [City Clerk's Note: An amended Ordinance was distributed at the meeting.] City Clerk Hines read the title and City Attorney Dannheisser reported. 7 Summary Minutes:Regular City Commission Meeting December 18,2003 City of Sunny Isles Beach.Florida Mayor Edelcup asked that we change our formal procedures so that we don't get last minute amendments and to establish a better timeframe. City Attorney Dannheisser agreed and would like to consider the publication of the agenda be the cut off, and then any changes that come up afterwards could be made from the dais. Mayor Edelcup stated that another option would be to defer the item if there is a rewrite and there was consensus within the Commission. Mayor Edelcup summarized that there are approximately three different significant items in the revised TDR Ordinance: limit each project to 50,000 square feet of Transferable Development Rights that can be purchased from the City; hold back 100,000 square feet of Transferable Development Rights for future need at the discretion of the Commission, that would stay basically in the City inventory in case some future project came along that the City felt is so important to the City that it could use these TDRs as further inducement for that project to go forward,and, the last amendment essentially rewards site assemblage to give a FAR an 80-unit density and a 10-year life for those parcels that would be three acres or more, donated to the City and not to build on. City Attorney Dannheisser stated that there is one more, which is the consolidation of the process so that the Site Plan Review is to occur at the same time. Public Speakers: Cliff Schulman, Esq.; Henry Kay; Mary Ann Eicke; Bob Welsh Shelley Eichner,the City's Planning Consultant,reported that she reviewed the proposed TDRs Ordinance and the revisions, particularly those suggested by Commissioner Iglesias, noting that the amendments are specific to the Town Center,and she feels that if denied by the Commission,then it should be contained within the proposed Town Center Zoning Ordinance, because this proposed TDR ordinance really deals with the overall requirements for the process of determining the sender and receiver sites, the process by which TDRs are handled and reviewed by the Commission and the establishment of the TDR Bank and other requirements relative to TDRs in general. She feels that it would be more appropriate to place criteria specific to a zoning district in the regulations for that district, she is recommending instead of carving an exception in the overall TDRs Ordinance, to put whatever exceptions are approved by Commission relative to TDRs in the Town Center Ordinance, which hopefully will be approved in early 2004. She stated that the other issues are all prior versions of the TDR Ordinance has existed in time as well as the current proposed one, there has always been a five-year time limit for the use of those TDRs to either use them or they are extinguished and there doesn't appear right now to be any rationale why a site within Town Center be granted ten-years. Ms.Eichner also stated that since the Town Center Zoning is not yet in place, it is really in a draft form, and she doesn't feel it is necessarily appropriate at this time, to establish a Floor Area Ratio or a density number for the purposes of transferring Development Rights. She noted that what she is suggesting is anything peculiar to the Town Center belongs more appropriately in the Town Center Ordinance and would give us more time to work through some of these issues. 8 Summary Minutes:Regular City Conunission Meeting December 18,2003 City of Sunny Isles Beach,Florida Commissioner Iglesias asked City Attorney Dannheisser if she had a copy of what he put in her in-box, and she said yes but not at the dais. City Attorney Dannheisser asked whether the current version reflects that, and Commissioner Iglesias said no. City Attorney Dannheisser said that she had submitted it identically but it was later reviewed by the Planning and Zoning Administrator Jorge Vera and he, in fact, made some revisions to it. Commissioner Iglesias said that was correct and at no time did he or the original drafts include the "Town Center". He stated that after a conversation with Mr. Vera,who felt it was a good idea to put it in, and he didn't disagree to put"Town Center" in, but at no time did he include the Town Center. He also said that it was stated that there was no rationale for a sender site and receiver site be granted ten years to use the TDRs before it becomes extinguished or unusable. He agrees with that statement because he didn't think we should include any years, for the simple reason that what they are doing here is basically giving a caveat for anybody who would be willing to donate land to the City to hold off for it. He questioned why developers should give their land if they have a certain time period that they could lose their TDR. He feels that they are depriving the City of obtaining valuable covenant land that the City could use,so he agrees with the five years to use it when they are buying for the City so somebody doesn't come in and buy it all and later they hold it and they can jack up the price. He said he feels that we blew it in the reverse in allowing any time period because right now anybody that has a lot of land, like Raanan Katz, that may be willing to give three acres or more to the City that we can use right now and knowing that he can be able to use it in the future, now he is going to say "why should I, in five years I may lose it" or the Casino property which the people next to Winston Towers are dying for a park that has three more acres that right now he is saying"if I don't have no period of time, here you go City, build your park,I can use it in the future because I already know that I have a place to put it for the time being,but I can't use it all", they are going to sit back and say"why should I give it now?" Commissioner Iglesias said that knowing that we should use ten years or we shouldn't use any years,and he stated let's get the land for the City, let's use it what we need it for, and let them worry about where they are going to use it because the land is still there anyway. He stated that if the Commission wants to deduct Town Center from user in general,he does not have a problem with it, and what he is saying is much covenant land that we need,we should get. Commissioner Thaler asked Commissioner Iglesias to explain why he wants to go from 60 to 80, and he said because he believed that is what the Comprehensive Plan says. He said you can go up to 80 by Code, the Comprehensive Plan says you cannot exceed the maximum which is 80, if you want to give somebody a caveat to give land, you want to give them a reward. He stated the important thing is, if they want to go 80, it doesn't matter because they have a trash for the TDRs to the receiver site, and the receiver site can only go up to whatever that receiver site is allowed,whether it is 60, 80,30,whatever it is, the people who are going to buy it are the ones that are going to have to adhere to that plan. He stated that as far as FAR, we seem to have a mental block to FAR,even if it is a million FAR you are still governed by the receiver site, they can only use 30% over maximum allowed on each site,chances are they are going to leave it on the table, and in the meantime, who cares, we have the land for the City, you can't lose. 9 Summary Minutes:Regular City Commission Meeting December 18,2003 City of Sunny Isles Beach.Florida Mayor Edelcup agreed with Commissioner Iglesias that it is important to get land for the City but he feels the Commission also has a responsibility to make sure that in doing so,it doesn't ignore the fact that there is a lot of dollars involved every time we increase an FAR. He stated that just by the Commission saying that we are going to get the land anyway and it doesn't matter about the money, when in effect we are creating monopoly money, and he feels that the Commission has to look and see what is fair for all parties,it is fair for the City to get a piece of land that can be used for a park, and it is fair for the owner of the property to get a reasonable profit, but he doesn't think we need to enrich that person with a gorging of profits. He said one of the things that we have to look at when we are creating these ordinances for TDRs is the fact that somebody needs to do the math and say what is the end number. He stated that an FAR of 4.0 today on the west side based on land values on the east side, translates to significant dollars for every acre, an FAR of 1.0 is worth 1.0, so an FAR of 4.0 brings an acre on the west side to a significant amount of money based on the $50 or $60 a square foot for every FAR of 1.0, we are talking$2 Million per acre in value that we are creating by just allowing an FAR number to appear there. Mayor Edelcup felt that ten years is too long because we are taking that property off the tax rolls, and in effect relieving the owner of that property from any taxes in the future, and we are sitting there with ten years of no revenue coming to the City as a result of somebody speculating that they want to wait until the tenth year. He said that was one of the reasons why, when we passed the original TDR Ordinance, we said five years was sufficient time for someone to dispose of the property, and if there is an economic downturn in the Country and there is a logical hardship reason,certainly the Commission then could extend that time. He further stated that we needed to ensure that the numbers, the rewards to the developer for giving us that land, are within the bounds of reason. Commissioner Iglesias said that Mayor Edelcup brought up two very good points, and he doesn't necessarily disagree with both, if he was sitting here in the Commission ten years from now, he wouldn't have a problem, but the bottom line is we don't know who is going to be there, and if the City wants land, which it wants, it should give and take. He said he personally doesn't care what a developer makes or doesn't make as long as he has money because we are benefiting indirectly, however,he said he does have to agree with Mayor Edelcup's second part as far as taking them off from the tax roll and ten years may be too much, however, with the way the development is going right now, he doesn't foresee that a problem. He further stated that we could put in a caveat that we could split a different somewhere from sender site to sender site. He said he agreed that we shouldn't bank the TDRs where somebody can come in and just buy them and hold them off, because he can come in and buy them off now and hold off for five or six years. Commissioner Brezin said she does not feel that they should go to a ratio of 4.0. She stated that at this point she would like to make a motion if it is in order at this time, she has no objection to anything else in this Ordinance. She said the only part that she does 10 Summary Minutes:Regular City Commission Meeting December 18,2003 City of Sunny Isles Beach,Florida object to is the added revision to Section 265-23.4(c) which would afford them the 80 units, the 4.0, and allow them to hold those TDRs for that length of time without forfeiture. Mayor Edelcup said if we followed the suggestion of our Planners, we could bring this matter back in under the Town Center Zoning. Commissioner Iglesias asked Commissioner Brezin what does she feel that the FAR should be and its relationship to density? Commissioner Brezin said she feels that we should leave it just as it is and refer to it at another time. Commissioner Iglesias said to Commissioner Brezin that then she doesn't believe that we should have an incentive for the City to receive land. Commissioner Brezin said no, she feels there is enough of an incentive and she does not feel that we should give this away. Commissioner Thaler said he agrees with Commissioner Brezin and he thinks it should be kept at the 60 level and not to take it to the 80 level. Mayor Edelcup also said that he believes that 4.0 is too high and that 3.5 may be more appropriate,but in order to pass this Ordinance,defer this section so we can get the rest of the Ordinance passed, and Commissioner Brezin said right, which is the motion that she is making. Clifford Schulman,Esq.,noted a couple of issues in the Ordinance that he would like the Commission to address: 1) there have been a number of projects that have gone through site plan approval already and have had their TDRs approved under the old system,but the exact price has not yet been set, and this Ordinance is unclear and he would like the Commission to clarify it. Mayor Edelcup said that Sayan was the only one he was aware of, so this would not affect that project, and Planning and Zoning Administrator Jorge Vera reminded the Commission that the Regalia also got approved. 2)Mr.Schulman said Commissioner Thaler had indicated only 50,000 out of the bank always leaving a maximum of 100,000, and Commissioner Iglesias said that is from City. Mr. Schulman said the Ordinance says that anyone who wants to withdraw from the bank can only take out 50,000 and it doesn't say public TDRs,and he asked if that could be done,and Mayor Edelcup said yes. Mr. Schulman stated that Sunny Isles Beach land value is going up, and that the Commission has an opportunity to give an incentive to developers, to give the City very valuable land for a public park, not just in the Town Center but anywhere in the City. He stated that if a developer gives the City the land permanently,the City should give him the right to use what he has given the City,either permanently,as Commissioner Iglesias says, or in a reasonable period of time. He feels it is not a Town Center Ordinance,it should be applicable everywhere in the City, and if a developer out of the Town Center in the south part of town wants to give the City three acres, he ought to be able to give the City three acres too because the south part of town deserves a park too, or a school, or a Police Station, but all he is asking is that this Ordinance gives the City an opportunity now, within a space of a few months perpetually,to get parcels of property into City hands and all you are giving back to the developer is rational or reasonable compensation that he can spread to other parts of the City where the Commission has already said that density is acceptable, and to pass the Ordinance on first reading. 11 Summary Minutes:Regular City Commission Meeting December I8.2003 City of Sunny Isles Beach,Florida Mayor Edelcup said we ultimately get it free and the developer gets whatever the increased value is of his development rights when and if he sells it in that five-year period of time. Mayor Edelcup said that we have given them an incentive because we never had TDRs before,we gave the developer a gigantic incentive when we created TDRs,and that alone permitted an incentive for a developer to have the option of taking land on the west side and considering it as though it was land on the ocean,and so he believes that the City has given the developer plenty of incentive and he thinks the Commission basically made the wise decision to transfer development from the west side so that we can keep it low on the west side and let the east side have it high and the developer wins because he gets a higher price for that unit if it is built on the east side then if he builds it on the west side. Mr. Schulman said that the difference is you are talking about a parcel of property which is three acres or more in size, so to that developer who has managed to aggregate over three acres of very valuable Sunny Isles property, you are saying to that developer, we would like to give you an additional incentive because for the City to aggregate, would cost a tremendous amount of money and therefore you may be entitled to a little bit more. Mr. Schulman stated to pass it on first reading and allow us to consider it again on second reading, and asked Commissioner Brezin to think about that on her motion because on first reading, passing it does nothing except allow discussion on the matter to continue. Commissioner Thaler asked for clarification on what they are voting on, and Commissioner Brezin repeated her motion, that the Commission pass the Ordinance without the added revision to Section 265-23.4(c) that they should have a 4.0 ratio, that everything contained within that revision is excluded,and that the rest of the Ordinance be passed, and Commissioner Thaler said the original Ordinance, and Commissioner Brezin said yes. Mayor Edelcup said the only thing, if this Ordinance passes, is we will be approving the 50,000 square-foot limit, the 100,000 hold back, and that we would be consolidating a procedure, and City Attorney Dannheisser said that was right. Commissioner Brezin moved and Commissioner Thaler seconded a motion to approve the proposal on first reading, as amended. The motion was approved by a roll call vote of 3-1-1 in favor. Second reading, public hearing will be held on Thursday, January 15, 2004, at 7:30 p.m. Vote: Commissioner Brezin y Commissioner Iglesias no Commissioner Thaler y Vice Mayor Goodman absent Mayor Edelcup Edelcup added that he would like to see this brought back to the Commission in a separate Ordinance or in the Town Center Ordinance, so that we can deal with it in a proper manner and evaluate all the comments that were received here tonight, so it will give us more time to reflect on it, and asked Commissioner Iglesias to bring it back as a separate Ordinance or that we can fit it in at another time in the future,and Commissioner Iglesias said okay. 12 Summary Minutes:Regular City Commission Meeting December 18.2003 City of Sunny Isles Beach,Florida 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 504.2.1 (iv) also Referred to as Chapter 265-14 B(1)(d) to Allow an Exception to the Rule that Sales Offices be Located On and Limited to the Property Which is Being Marketed and Has Final Site Plan Approval;Providing for Repealer; Providing for Severability; Providing for an Effective Date. (Requested by Mayor Norman S. Edelcup) Action: [City Clerk's Note:An amended Ordinance was distributed.] City Clerk Hines read the title and City Attorney Dannheisser reported, noting that Section C may need a clarification that says, "including Commission approval of all site plans for those Sales Centers", indicating that the Sales Center plan needs to come back for Commission approval even though it would be permitted under this new Ordinance. Public Speakers: Cliff Schulman, Esq.; Henry Kay; Edith Sandquist; Peter Weiner Cliff Schulman, Esq., said he thinks that the Commission focused in allowing Sales Centers to go in earlier on Collins Avenue, and that there are a lot of good things that can be happening on Sunny Isles Boulevard too that he thinks the Commission would like to encourage. He suggested that Sales Centers, both on Sunny Isles Boulevard and Collins Avenue, be allowed to go forward without the Site Plan Approval for the overall development, but with the Site Plan Approval clearly for the Sales Center. He also stated that the Commission specifically calls for a bond, and the word bond means that the developer has to pay a surety for the bond. He said rather then saying specifically a bond, he suggested saying either a bond, a letter of credit, CD, or other financial assurance reasonably acceptable to the City Manager that would give the City the guarantee that it needs. City Manager Russo stated that he would request a bond from his own experience dealing with things like letters of credit, but that is his recommendation, it is up to the Commission. Mayor Edelcup said that we could say a bond or other financial assurances that is acceptable by the City Manager, if not acceptable then go back to bond. Commissioner Thaler said that a letter of credit is not a guarantee, and that there are many ways around it. Mayor Edelcup said as to Mr. Schulman's comment on Sunny Isles Boulevard,if there is a property owner on Sunny Isles Boulevard that fits the same description that we are setting up for Collins Avenue, he would have no problem with that if it is a contiguous property owner,just as we have defined it for Collins Avenue. Commissioner Thaler said we are dealing with putting in a Sales Center on the west side of Collins Avenue which will eventually be a project on the east side, why if we are going to make an exception here, why couldn't that be on the east side,eventually it would be on the same property as the building itself, which is where most of the Sales Centers are. Mr. Schulman said that a construction loan can be pulled after 50% of your units are sold, 13 Summary Minutes:Regular City Commission Meeting December 18,2003 City of Sunny Isles Beach,Florida which means you actually now have money to start breaking ground. He said if the developer is breaking ground on the east side, he still has to sell the other 50%,but if the Sales Center is on the east side which may have cost $200,000.00 to $3 Million, then it has to be taken down because the foundation has to be put in, so it really has to be on either one. He stated further that many developers wants to put it on the west side so they know that their east side property is clear for the development to start quickly once they get their construction funding, so he would like to have the flexibility of that to have it off-site on the west side of Collins Avenue and then have the construction actually going on, on the east side. Commissioner Brezin has no objection to having it on the other side, but she thinks we should have exercised certain rights that the structures don't look like some of the structures that we currently have now, that are objectionable to the people that live there. She said it would not be objectionable to the residents, or this Commission if these trailers/buildings met with approval architecturally, structurally, and in every other way. Commissioner Thaler asked how long a Sales Center would be up,and Mr.Schulman said as long as it needs to be in order to sell the number of units, and they don't want to keep them up any longer then necessary, because what they want to see on the site is foundations going in, and buildings going up, because every day that they have a Sales Center and they don't have construction, they are paying interest money and they are not getting their money out. Mayor Edelcup said that there really is a time limit that when the project is CO'ed and Mr. Schulman said yes,because it is no longer a permissible use, as soon as there are no longer units to sell,the Sales Center becomes illegal,because it has to be linked to sales taking place in a particular site. Edith Sandquist complained about the Sales Trailers on the property located on the corner of 158th Street Bay View Drive and Collins Avenue. She said they downgrade the neighborhood, and they have been sitting there for three months, and she would like the Commission to provide time limits on this Ordinance. Mayor Edelcup said that it is at the stage that it is in because the Commission had to act and the developer wasn't allowed to move forward on the development of that trailer so he was stuck with the fact that the trailers were there and he couldn't move forward until we finally moved forward, and Commissioner Iglesias agreed. Mayor Edelcup said what this developer is waiting for,is for the Commission to pass the Ordinance so that he may move forward,and certainly the City will maintain the ability to have a Site Plan approval on that site and we won't approve it if it is not up to our standards, and if it isn't up to our standards, then we won't allow those trailers to stay there indefinitely,they will have to either meet the standards or go. Peter Weiner,Esq.,representing Dezer Properties, said that the City issued a Building Permit for the trailers and that is why they were on the site, the Building Permit was then revoked, and he was then told that they could not move forward with any permits until the Ordinance was changed, and they have gotten a Landscape Permit within the last week, they have gotten an Electrical Permit, and they intend to remove the fence and put in some landscaping but they can't go forward with the actual building and reconstruction of the 14 Summary Minutes:Regular City Commission Meeting December 18.2003 City of Sunny Isles Beach,Florida trailers until the Ordinance is passed on second reading and come back with Site Plan approval. Mr. Weiner also stated that they intend to give that site to the City when they transfer the development rights. Commissioner Iglesias said that he would like to make a motion with an amendment that would include Sunny Isles Boulevard,and a letter of credit or something acceptable to the City Manager, and City Manager Russo said a bond or other comparable instrument. Mr. Weiner said that Mr. Schulman had mentioned, and he concurred with that, that it be allowed on both sides of Collins Avenue, and include it in the Ordinance, and Commissioner Iglesias said okay,both sides of Collins Avenue, and Mayor Edelcup said that the Sales Center can be on either side of Collins Avenue because you could have a reverse situation. Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the proposal on first reading, as amended. The motion was approved by a roll call vote of 4-0-1 in favor. Second reading, public hearing will be held on Thursday, January 15, 2004, at 7:30 p.m. Vote: Commissioner Brezin y Commissioner Iglesias y Commissioner Thaler y Vice Mayor Goodman absent Mayor Edelcup yes 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Sections 265-34,265-35,and 265-36 of the Zoning Code to Increase the Price of a Bonus Participation Unit from $14,000 to $35,000 in Certain Zoning Districts; Providing for a Repealer; Providing for Severability; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Russo reported. Public Speakers: George Berlin Commissioner Iglesias moved and Commissioner Brezin seconded a motion to approve the proposal on first reading. The motion was approved by a roll call vote of 4-0-1 in favor. Second reading,public hearing will be held on Thursday,January 15,2004, at 7:30 p.m. Vote: Commissioner Brezin yes Commissioner Iglesias yes Commissioner Thaler y Vice Mayor Goodman absent Mayor Edelcup yes 15 Summary Minutes:Regular City Commission Meeting December 18,2003 City of Sunny Isles Beach,Florida [City Clerk's Note: Mayor Edelcup noted that there would now be a 30-minute recess and invited everyone for refreshments in the lobby for the holidays.] 8. ORDINANCES FOR SECOND READING (Public Hearings) 8A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Relating to Reimbursement of Business Expenses; Providing for Purpose and Intent; Establishing Guidelines for the Reimbursement of Expenses; Providing for Prohibited Reimbursable Expenses; Providing for Verification of Travel Expenses; Providing the City Manager with the Authority to Adopt Administrative Procedures to Carry out the Purpose of this Ordinance; Providing for Exemptions; Providing for Penalties for Fraudulent Claims;Providing for Severability;Providing for a Repealer;Providing for an Effective Date. (First Reading 11/20/03) Action: [City Clerk's Note: An amended Ordinance was distributed.] City Clerk Hines read the title. Public Speakers: none Commissioner Iglesias moved and Commissioner Brezin seconded a motion to adopt the ordinance,as amended. Ordinance No.2003-189 was adopted by a roll call vote of 4- 0-1 in favor. Vote: Commissioner Brezin yes Commissioner Iglesias ves Commissioner Thaler yes Vice Mayor Goodman absent Mayor Edelcup yes 8B. Sitting in as the Local Planning Agency and the City Commission, to Consider an Ordinance Amending the Land Development Regulations (LDRs) 8B.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 302 of the Land Development Regulations to Allow the City Manager or His Designee to Make a Determination on the Development Review Process or an Interpretation on Land Development Regulations Giving Due Consideration to the Intent of the Drafters; Providing for an Appeal By Any Aggrieved Party to the City Commission; and Providing for the Initiation of an Ordinance Codifying Such Determination or Interpretation if the Interpreted Provision is Likely to Lead to Public Uncertainty and Confusion,but Rendering the City Manager's Decision Binding on All Parties Until Final Action by the Commission,Attached as Exhibit"A";Providing for an 16 Summary Minutes:Regular City Commission Meeting December 18,2003 City of Sunny Isles Beach,Florida Effective Date. Action: City Clerk Hines read the title. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded the motion. LPA Resolution No. 2003-11 was adopted by a voice vote of 4-0-1 in favor. 8B.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 302 of the Land Development Regulations to Allow the City Manager or His Designee to Make a Determination on the Development Review Process or an Interpretation on Land Development Regulations Giving Due Consideration to the Intent of the Drafters; Providing for an Appeal By Any Aggrieved Party to the City Commission; and Providing for the Initiation of an Ordinance Codifying Such Determination or Interpretation if the Interpreted Provision is Likely to Lead to Public Uncertainty and Confusion,but Rendering the City Manager's Decision Binding on All Parties Until Final Action by the Commission; Providing for a Repealer; Providing for Severability; Providing for an Effective Date. (First Reading 11/20/03) Action: City Clerk Hines read the title. Public Speakers: none Commissioner Thaler moved and Commissioner Brezin seconded a motion to adopt the ordinance. Ordinance No.2003-190 was adopted by a roll call vote of 4-0-1 in favor. Vote: Commissioner Brezin y Commissioner Iglesias y Commissioner Thaler y Vice Mayor Goodman absent Mayor Edelcup 9. RESOLUTIONS 9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement By and Between Ronald L.Book,Esq.and the City of Sunny Isles Beach for Professional Legislative Relations and Lobbying Services, in an Amount of$55,000.00 per Year,Effective from October 1, 2003 through September 30, 2004, with an Option for a Second Year, 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. 17 Summary Minutes:Regular City Commission Meeting December 18,2003 City of Sunny Isles Beach,Florida (Deferred from 11/20/03) Action: City Clerk Hines read the title and City Manager Russo reported. Public Speakers: none Commissioner Thaler noted the $55,000.00 plus expenses, and asked what are the expenses, and City Manager Russo said that the expenses are capped at $7,500.00 and that his expenses are typically used while he is in Tallahassee during the entire Legislative session. Commissioner Brezin moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2003-616 was adopted by a voice vote of 4-0-1 in favor. 9B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement by and between the City of Sunny Isles Beach and Tenex Enterprises,Inc.,for Roadway and Central Island Resident Parking Improvements, in an Amount of$88,056.38, Attached hereto as Exhibit"A"; 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 City Manager Russo reported. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2003-617 was adopted by a voice vote of 4-0-1 in favor. 9C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement by and between the City of Sunny Isles Beach and Tenex Enterprises, Inc., for Atlantic Isles Drainage Improvements, in an Amount of $51,300.00, Attached hereto as Exhibit "A"; 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 City Manager Russo reported. Public Speakers: none Commissioner Iglesias asked City Manager Russo to take a look at the center of the 18 Summary Minutes:Regular City Commission Meeting December 18,2003 City of Sunny Isles Beach,Florida Island as well, and City Manager said that staff would be expanding this. Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2003-618 was adopted by a voice vote of 4-0-1 in favor. 9D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement by and between the City of Sunny Isles Beach and The Spire Corporation,for Bathroom Upgrades for the Gilbert Samson Oceanfront Park,in an Amount of $21,000.00, Attached Hereto as Exhibit "A"; 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 City Manager Russo reported. Public Speakers: Scott Gombar, Calvin Giordano & Associates Commissioner Brezin noted that there has only been approximately three years since the bathrooms were put in, and wants to make sure that the same mistakes will not be made again, and asked exactly what was being installed and if there is a warranty. City Manager Russo said that they are putting in commercial grade standard porcelain fixtures that are totally mechanical, not automatic because of the salt air, and that it is a total replacement of all the fixtures and entire tile repair. Scott Gombar noted that the automatic flush fixtures were there previously and that they do not work in this environment,and noted that there is a manufacture standard warranty that comes with the purchase. Commissioner Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2003-619 was adopted by a voice vote of 4-0-1 in favor. 9E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Designating Municipal Lighting Systems, Inc., as a Sole Source Vendor of the Desired Streetlight Poles; Approving the Purchase of 26 Streetlight Poles from Municipal Lighting Systems, Inc., in an Amount of $103,301.00, for 159th Street and 174t Street; Authorizing the Mayor to Execute Vendor Agreement, Attached as Exhibit"A"; 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 City Manager Russo reported noting that this is the 17 twin-mounted teardrop Columbia model cast aluminum for 174th Street and another nine single ones that will go on both sides, north and south of 159th Street. 19 Summary Minutes:Regular City Commission Meeting December 18,2003 City of Sunny Isles Beach,Florida Public Speakers: Phillip Chernoff Phillip Chernoff asked that the City do everything possible to retain the shade trees. City Manager Russo said that they will but that some of the trees will have to be removed,and noted that when we re-landscaped there, the trees remained and it was very difficult to get the irrigation system working because of all the roots. He said that it will require removing some trees to put in these poles according to the Electrical Engineer, the lighting specifications, to get the proper lighting that we want in that area, and the main association of the Winston Towers complex requested that we upgrade the lighting on that street. Mr. Chernoff asked why the lights had to be in the median in the first place, and City Manager Russo said that there is not enough room to have a proper sidewalk, especially there, where there are a number of elderly people with walkers, wheelchairs, etc., there is not enough right-of-way. City Manager Russo said they will try to avoid removing trees as much as possible and that they will advise the residents before they start, what the magnitude the disruption will be. Mayor Edelcup said that we should make a commitment to replace every tree taken out. Commissioner Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2003-620 was adopted by a voice vote of 4-0-1 in favor. 9F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Designating Holophane as a Sole Source Vendor of the Desired Streetlight Pole Fixtures; Approving the Purchase of Streetlight Pole Fixtures from Holophane,in an Amount of $30,022.50, for 159th Street and 174th Street; Authorizing the Mayor to Execute Vendor Agreement, Attached as Exhibit "A"; 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 City Manager Russo reported. Public Speakers: none Commissioner Thaler moved and Mayor Edelcup seconded a motion to approve the resolution. Resolution No. 2003-621 was adopted by a voice vote of 4-0-1 in favor. 9G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Placement of an Ad in the Anti-Defamation League's Commemorative Journal, in an Amount of$500.00,Honoring Aventura Mayor Jeffrey Perlow and Aventura Marketing Council Board Chair Cliff Schulman,on Receiving the Torch of Liberty Award; Authorizing the City Manager to Do All Things Necessary to 20 Summary Minutes:Regular City Commission Meeting December 18,2003 City of Sunny Isles Beach,Florida Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Russo reported. Public Speakers: none Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2003-622 was adopted by a voice vote of 4-0-1 in favor. 911. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Changing the Rate of the Parking Meters Located on North Bay Road from One Dollar($1.00)per Hour to Fifty Cents ($.50)per Hour; Authorizing Stroyne Brothers to Change the Hourly Rate of the Parking Meters, for a Total Project Cost of$400.00; 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 Russo reported. Public Speakers: none Commissioner Iglesias moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2003-623 was adopted by a voice vote of 4-0-1 in favor. 9I. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Joint Participation Agreement between the City of Sunny Isles Beach and the Florida Department of Transportation (FDOT), for the Design and Construction of Sunny Isles Boulevard (SR 826), Attached Hereto as Exhibit "A"; Accepting$3,000,000.00 in Grant Monies and Providing a Match of$1,269,383.00,for a Total Amount of$4,269,383.00 for the Project; 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: City Clerk Hines read the title and City Manager Russo reported. Public Speakers: none Commissioner Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2003-624 was adopted by a voice vote of 4-0-1 in favor. 21 Summary Minutes:Regular City Commission Meeting December IS,2003 City of Sunny Isles Beach,Florida 9J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Change Orders to Contracts by and between the City of Sunny Isles Beach and Weitz Company, and Spillis Candella & Partners, Inc., for Modification to Interior Design of the New Government Center Facility Located at 18070 Collins Avenue, in the Total Amount of $78,386.00, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate Said Change Orders; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Russo reported that this was pre-construction change orders on the plans to reconfigure, primarily, offices in the Police Department, and minor changes in the Public Works and Building Departments areas. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2003-625 was adopted by a voice vote of 4-0-1 in favor. 9K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement by and between the City of Sunny Isles Beach and Calvin Giordano & Associates, Inc., for a Collins Avenue (SR AlA) Median Closure Traffic Study, in the Amount of $43,004.50, 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: City Clerk Hines read the title and City Manager Russo reported that they have had meetings with FDOT, Scott Gombar, and George Fisher, to get a good handle on everything that is necessary to make the decisions for the Commission that we want to go forward on pursuing closing these medians. They are proposing to close the medians that are not signalized,or have a turn lane associated with them,notably 175th Terrace,and at 186 h Street, the complete area between 183rd Street and 178th Street, and the cut around the vicinity of the Poincianna and Turnberry Project that we are proposing to study, getting all the information meeting FDOT requirements, does not mean we are going forward with all of these. Public Speakers: Scott Gombar; George Berlin Commissioner Iglesias asked if this includes a traffic count and turning movements,and Mr. Gombar said yes, and will be subcontracted out, but that their company will be doing the traffic analysis. City Manager Russo said that they will be conducting some public meetings on this. "7 Summary Minutes:Regular City Commission Meeting December IS,2003 City of Sunny Isles Beach,Florida Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2003-626 was adopted by a voice vote of 4-0-1 in favor. 9L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Second Supplemental Agreement to the Interlocal Agreement for Public School Facility Planning in Miami-Dade County, Attached Hereto as Exhibit "A", between the City of Sunny Isles Beach and the School Board of Miami-Dade County; Providing the Mayor with the Authority to Execute the Supplemental Agreement; Providing the City Manager and the City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and City Attorney Dannheisser reported that this is a continuation of an earlier Interlocal Agreement that the City did, which creates a coordination process between Dade County Schools and Municipalities in the same manner that they have always done it with the County, and allows us to have some say as to what the School Board does and for the School Board to have information on what is going on in our municipality. Public Speakers: Bob Welsh Bob Welsh said that the City could have a Charter School and a Community Center on the same piece of land and that the Community Center could also be a gymnasium and an auditorium for a school. Mayor Edelcup stated that we cannot use the active park site because we have received monies from State grants labeling it a Park, so we can't use it as a site for a school, but that the City is looking into different sites and is committed in opening a school by the year 2006. Mayor Edelcup stated that by the end of 2004 he would like the City to be ready to file an application for a school. Commissioner Brezin moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2003-627 was adopted by a voice vote of 4-0-1 in favor. 9M. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Technical and Economic Proposal from Beiswenger, Hoch & Associates,Inc. (BH&A),for Stormwater System Design,Technical Assistance and Bidding Process for Central Island Stormwater Drainage, in the Amount of $167,040.00, Attached Hereto as Exhibit "A"; 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 City Manager Russo reported that BH&A is 23 Summary Minutes:Regular City Commission Meeting December 18,2003 City of Sunny Isles Beach,Florida proposing that we go with the Deep Well approach throughout the area similar to what we did in parts of Golden Shores which has worked very successfully. Public Speakers: Scott Gombar Commissioner Thaler asked when this project will be complete,and City Manager Russo estimated two years. Scott Gombar noted that previous plans did not address pavement design and analysis which is being addressed here with substantial savings to the City by the change to the Deep Well. Commissioner Brezin asked when it will begin, and City Manager Russo stated 6 to 9 months. Commissioner Iglesias asked if they are going for DERM permits, and City Manager Russo said that we are already in with DERM, and Commissioner Iglesias asked if we are piggybacking their permits,Mr.Gombar said that we have permits from the other design although there is a modification, and Commissioner Iglesias suggested to get financing and permit sketching given to DERM as soon as possible. Commissioner Brezin moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2003-628 was adopted by a voice vote of 4-0-1 in favor. 9N. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing a Non-Exclusive Parking License Agreement By and Between the City of Sunny Isles Beach and Tangiers Beach Associates a/k/a Fortune International, for Use of a Portion of the Parking Lots Under the William Lehman Causeway for Certain Fees; Authorizing the Mayor to Execute the Non-Exclusive Parking License Agreement, Attached Hereto as Exhibit "A", Authorizing the City Manager To Do All Things Necessary to Effectuate the Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Russo reported. Public Speakers: George Berlin George Berlin said he met with City Manager Russo and told him that he was working with the Miami-Dade County Water and Sewer Department on a re-pump station with an emergency generator, and said that the development could be stopped if we don't enhance the sewer capability, and that the Department feels that by locating the site on the north end of the City, they will be able to accomplish what will be required. Mr. Berlin said that years ago they put in a subaquaeous crossing from Aventura into this area and they want to hook into that and re-pump over that way into two pump stations in the Aventura area and this will then provide the capacity, it will take all of the flow from Sunny Isles Beach and he would like to have a priority not withstanding this is an non- exclusive 100-spaces, and he thinks that when they come up with a study for a location,it means that they may need some parking spots and they should have a priority on that. 24 Summary Minutes:Regular City Commission Meeting December 18,2003 City of Sunny Isles Beach,Florida Commissioner Iglesias agreed with Mr. Berlin, that we need a place where we are going to put that station,and he knows that Mr. Berlin has been in contact with John Martinez, Secretary of the Department of Transportation, to facilitate this. City Manager Russo said if that needs to take away any spaces from that area, that is not really up to us, and we don't have a problem with it, as we are under lease with FDOT for that space, it is part of the beach parking requirements,and if they can see their way clear,and it really is not that many spaces, they would need a manhole, if they can put this in underneath the William Lehman Causeway, it doesn't impact us, he understands if it can be close to Collins Avenue it is better but he doesn't think our residents will want it too close to the residential areas. Commissioner Thaler asked for clarification that we are giving non-exclusive access to 100 parking spaces, what was just said about the need for pump station, and City Manager Russo said that it was a totally different issue, and Mayor Edelcup said that the 100 spaces won't be affected by this, and City Manager Russo said it will not be affected and that there is 500 spaces under there. Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2003-629 was adopted by a voice vote of 4-0-1 in favor. 10. MOTIONS None 11. DISCUSSION ITEMS None 12. CITIZENS'FORUM:REQUESTS,PETITIONS&OTHER COMMUNICATIONS 13. ADJOURNMENT Commissioner Iglesias moved and Commissioner Brezin seconded a motion to adjourn the meeting, and Mayor Edelcup adjourned it at 10:47 p.m. Respectfully.'submitte'Ubj: :': ' Approved by the City Commission on Jan. 15, 2004 _.. zzS Anfrifil,41(1/ Jane i': Hines City Clerk t e - No :n S. Edelcup, Mayor I