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HomeMy WebLinkAbout2003-1120 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, November 20; 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 7:35 p.m., with the following officials present: Mayor Norman S. Edelcup Vice Mayor Gerry Goodman 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: Commissioner Thaler led the Pledge of Allegiance to the flag. Richard C. Schulman gave an invocation. Mayor Edelcup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting—October 23; 2003. Action: Commissioner Iglesias moved and Vice Mayor Goodman 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 9D after 5C; amended Ordinance Item 7B. Action: Mayor Edelcup asked for a motion for the above changes. Commissioner Iglesias moved and Vice Mayor Goodman 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 November 20,2003 City of Sunny Isles Beach,Florida 5. SPECIAL PRESENTATIONS 5A. Certificates of Appreciation to be Presented to the following Sunny Isles Beach Lifeguards: Scott Ventura, Brian Shannon, Alan Lopez, and Justin Broman. (Deferred from 10/23/03) Action: Lt.Rick Feisthammel reported that on Labor Day weekend, Sunday,August 31, 2003, during tropical winds, these lifeguards risked their lives to save others. Police Officer Javier Estevez was also honored for his heroic efforts. Mayor Edelcup presented the Lifeguards with Certificates of Appreciation, for their heroic actions, and Lt. Fesithammel presented them with Plaques. 5B. A Plaque to be Presented to Carl Denny,Project Superintendent of the Weitz Company, for his hard work and dedication on the New City Hall/Tony Roma Project. (Deferred from 10/23/03) Action: Mayor Edelcup noted that Mr. Denny was not present and that this item is deferred to a future date. [City Clerk's Note: Subsequently the plaque was mailed to Mr. Denny.] 5C. A Proclamation Declaring November 2003, as National Epilepsy Awareness Month in the City of Sunny Isles Beach. Action: Mayor Edelcup noted that November is National Epilepsy Awareness Month and that City Clerk Hines will mail the Proclamation. 6. ZONING (The next Zoning Hearing is scheduled on December 4, 2003 at 7:00 p.m.) 7. ORDINANCES FOR FIRST READING 7A. 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. Action: City Clerk Hines read the title and City Attorney Dannheisser reported. Summary Minutes:Regular City Commission Meeting November 20,2003 City of Sunny Isles Beach,Florida Public Speakers: none Commissioner Brezin moved and Commissioner Iglesias 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,December 18,2003, at 7:30 p.m. Vote: Commissioner Brezin yes Commissioner Iglesias yes Commissioner Thaler rtes Vice Mayor Goodman yes Mayor Edelcup 7B. 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. Action: [City Clerk's Note: An amended Ordinance was distributed.] City Clerk Hines read the title and City Attorney Dannheisser reported noting that the Ordinance had been amended. Public Speakers: none Commissioner Iglesias asked that on page two of the Ordinance, Section B(ii), change "...within 15 days..." to "...no later than 30 days...". Vice Mayor Goodman moved and Commissioner Brezin seconded a motion to approve the proposal on first reading, as amended by Commissioner Iglesias. The motion was approved by a roll call vote of 5-0 in favor. Second reading,public hearing will be held on Thursday, December 18, 2003, at 7:30 p.m. Vote: Commissioner Brezin Iglesias yes Commissioner Thaler }_es Vice Mayor Goodman rtes Mayor Edelcup yes 3 Summary Minutes:Regular City Commission Meeting November 20,2003 City of Sunny Isles Beach,Florida 8. ORDINANCES FOR SECOND READING (Public Hearings) 8A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, to Approve, Adopt and Enact an Ordinance Codifying and Revising the Ordinances of the City of Sunny Isles Beach, County of Miami-Dade,State of Florida;Providing for the Continuation of Previous Provisions; Repealing and Saving from Repeal Certain Ordinances Not Included Therein; Adopting Certain Changes Made to Previously Adopted Ordinances; Providing for the Proper Maintenance of the Code; Providing Penalties for Tampering with the Code; Providing for Severability and Providing for an Effective Date. (First Reading 10/23/03) Action: City Clerk Hines read the title and City Attorney Dannheisser noted that on page 2 of the Ordinance, Section 1-6, 4th line from bottom, should read"to"August 15, 2003. Public Speakers: none City Attorney Dannheisser asked how often will the website be updated to reflect the amendments to the Code, and City Clerk Hines noted that the Code Book will be updated quarterly but will check with General Code on how often it will be updated on the Website. City Manager Russo noted that the Code will soon be accessible through the City's Website. [City Clerk's Note: The Website is updated quarterly but General Code will append the Code by adding the complete ordinance to the end until it is updated.] Vice Mayor Goodman moved and Commissioner Thaler seconded a motion to adopt the ordinance,as amended. Ordinance No.2003-184 was adopted by a roll call vote of 5- 0 in favor. Vote: Commissioner Brezin Iglesias y Commissioner Thaler yes Vice Mayor Goodman yes Mayor Edelcup yes 8B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Repealing that Portion of Ordinance No. 97-4 that Implements Section 286.0115, Florida Statutes, to Establish a Procedure Governing Ex Parte Communications Only; Providing for the Balance of Ordinance No. 97-4 to Remain Intact and in Full Force and Effect; Providing for Severability; Providing for Repealer; Providing for an Effective Date. (Sponsored by Mayor Norman S. Edelcup) (First Reading 10/23/03) Action: City Clerk Hines read the title and City Attorney Dannheisser reported noting that the intention of the Jennings decision was to allow the hearing on the process to occur 4 Summary Minutes:Regular City Commission Mating November 20,2003 City of Sunny Isles Beach,Florida in public so that everybody has a chance to participate, and noted that this is on site specific applications. Public Speakers: none Vice Mayor Goodman moved and Commissioner Brezin seconded a motion to adopt the ordinance. Ordinance No. 2003-185 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Goodman rtes Mayor Edelcup ves 8C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 703.2.2(d) of the Land Development Regulations to Allow "Government-Owned"Facilities as a Permitted Use; and Adding 703.2.5,Providing for Certain Exemptions from Site Development Standards;Providing for a Repealer; Providing for Severability; Providing for an Effective Date. (First Reading 9/18/03 & 10/23/03) Action: City Clerk Hines read the title and City Attorney Dannheisser reported. Public Speakers: Henry Kay Vice Mayor Goodman moved and Commissioner Iglesias seconded a motion to adopt the ordinance. Ordinance No. 2003-186 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Goodman L Mayor Edelcup Les 9. RESOLUTIONS 9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Chief of Police, in Accordance with Section 932.7055,F.S.to Expend S20,000.00 from the Law Enforcement Trust Fund (L.E.T.F.) Forfeiture Fund, for the Purposes as Set Forth Herein; Providing for an Effective Date. Action: City Clerk Hines read the title and Police Chief Maas reported. 5 Summary Minutes:Regular City Commission Meeting November 20,2003 City of Sunny Isles Beach,Florida Public Speakers: none Commissioner Brezin moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No.2003-612 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, Approving the Purchase and Installation of Bus Benches and Trash Receptacles from Rep Services, Inc., Under State of Florida Government SNAPS II Agreement, in an Amount of $120,022.64, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title and Cultural and Human Service Director Susan Simpson reported. Public Speakers: none Mayor Edelcup noted that the funding is coming from the Transportation Tax, and Ms. Simpson said the City pays for it but gets reimbursed from the Tax monies. Vice Mayor Goodman asked how long will this take,and Ms. Simpson said that it will take no longer than 12 weeks to deliver the benches, and that they will install approximately five benches and five receptacles per day. Mayor Edelcup questioned whether or not there should be a late fee in these contracts. Commissioner Thaler asked Ms. Simpson to clarify the amount of benches and trash receptacles that the City will be receiving, and she said that the City is getting 6 benches without the City Seal (for inside the bus shelters),37 bus benches with the City Seal,and 65 trash receptacles with the City Seal. Ms. Simpson noted that the trash receptacles will also be placed at every beach access point and some other locations. Commissioner Iglesias asked how much has the City taken in of the Transportation Tax funds, and City Manager Russo said about $250,000, and we will be receiving a total of $400,000 per year. Vice Mayor Goodman moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2003-613 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 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 6 Summary Minutes:Regular City Commission Meeting November 20,2003 City of Sunny Isles Beach,Florida Amount of$55,000.00 per Year,Effective from October 1,2003 through September 30, 2005, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Russo asked to defer this item to the December 18, 2003 City Commission meeting. 9D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2003-589 Establishing a Revised Schedule for City Commission Meetings for the Remainder of Calendar Year 2003,by Changing the December 16, 2003 Commission Meeting Date to Thursday, December 18, 2003; Providing for an Effective Date. Action: Mayor Edelcup reported. Public Speakers: none Vice Mayor Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2003-614 was adopted by a voice vote of 5-0 in favor. Mayor Edelcup announced that there will be a holiday party in the Chambers after the December 18, 2003 Commission Meeting. 10. MOTIONS None 11. DISCUSSION ITEMS 11A. Discussion regarding the use of Pier Park for condominium entranceway(and possibly construction) purposes. Action: Mayor Edelcup introduced the item. Public Speakers: Stanley Price, Esq.; Kobi Karp; Richard LaMondon; Stanley Price, Esq., noted that he is representing La Perla, the Cornerstone Group, Dr. Comfeld, and requested that the City issue a building permit consistent with the land use approval obtained by the City Commission as well as a license agreement on two separate occasions with the City. He stated that both matters have not been appealed, 7 Summary Minutes:Regular City Commission Meeting November 20,2003 City of Sunny Isles Beach,Florida that they are valid orders of this Commission and he believes that they are entitled to the building permit immediately. He noted that he has checks totaling S1.2 million for the bonuses, and that they are prepared to give to the City tonight. Mr. Price said that Kobi Karp, the architect for the project, was present to make a presentation, and Mayor Edelcup noted that this item is on for discussion and not for a formal vote by the Commission tonight. Kobi Karp presented a rendering of the project, La Perla, and noted that the circulation on the site has been changed: the service trucks,garbage trucks, and supply trucks for the existing project arrive through the public park and enter the property. He noted that Mayor Samson asked them to take all of the service,plus the entry and exit to the garage, and relocate it underneath the building and maintain the access of the park purely for the guests of the building. He noted that there is public parking in the park and there is a box to pay for the public parking, Pier Park beach access, signs for the park and signs showing public accessibility to the beach. He also noted that the original plan approved by the City Commission did not have the public parking, and that the County has requested that they provide 29 parking spaces in the park, and they have provided 29 parking spaces in the garage for the Park, making a total of 58 parking spaces. Mayor Edelcup noted that one of the issues that was raised earlier between this approval and tonight was that the park would or would not be used as a construction site. Mr. Price said that they are prepared to go through the same process as every developer goes through and that is to submit a plan to the City to be voted on by the Commission. Vice Mayor Goodman asked how the parking would be handled in the garage and Mr. Price said it would be valet parking with the same fee as what the City is charging. Vice Mayor Goodman asked for clarification on who gets the parking fees, and it was determined that the City will receive the fees from public parking in public park,and that the developer would get the fees from inside their garage. Mr. Price distributed and discussed a booklet (a history of the property), and a draft endorsement letter from Mr. Katz, President of the three Condo Associations for Oceania. Vice Mayor Goodman asked Mr. Price if there is any other litigation on this project at this time, and Mr. Price said yes, one. City Attorney Dannheisser noted that she did not know that we would be going through these documents, and that she suggested to these people to come before the Commission because we needed some direction on the policy issue in light of the events that have occurred as to whether or not this Commission continues to be willing to allow Pier Park to be used as an entryway for the Condominium, and also to address the issue of using it as a construction staging area. She noted that the document that is referred to as the right-of-way deed that goes back to 1951, the court order/decree of title, that she did research on this when it was first brought to her attention, the legal description in the decree is not Pier Park it is north of 8 Summary Minutes:Regular City Commission Meeting November 20,2003 City of Sunny Isles Beach,Florida Pier Park, all of it related to rights as to the right-of-way then. She noted that this is a park, and it was conveyed to us as such by the County, and they expect us to maintain it and utilize it as a park, and that is the reason when they conveyed it they give us a reverter clause that says if you don't do that, they are going to take it back from us. She stated that the ideal circumstances would have been if the County would have opined on their own charter, to tell us whether in fact we are violating the Home Rule Charter by using this entrance, irrespective of the permit agreement to allow ingress and egress as an entryway to a condominium. She noted that they have declined to do so and she read a letter that was written by the Parks Department Director, dated September 9, 2003 addressed to the City Manager,"As you know we have expressed serious concerns about the plans for the La Perla development, that is now under construction adjacent to the Gilbert Samson Park. After several discussions with the County Attorney's Office,we have concluded that several conditions will have to be met to address our concerns. These are: the Park should have very clear signage visible to vehicles as well as pedestrians announcing the Park as a Park that provides beach access and parking, the signs would have to communicate to the ordinary passerby that this area is not private but available to all;the parking should remain on site,selfparking and not be relocated to the adjacent garage; it should provide for all currently available spaces; there should be a clear differentiation between the adjacent condominium and the park,this might involve colored schemes for pavers and planters of distinctive landscape buffer, etc." City Attorney Dannheisser said that she believes, in her opinion, that this new plan has attempted to comply with all of these things. She continued to read "I understand that this has been a difficult issue and I believe that any challenges to the development will ultimately be a matter for judicial determination,these are simply steps that can be taken to lessen our concern that public access would be compromised in any way." City Attorney Dannheisser said that this is an important point, this means that this issue, and the only reason why she has any involvement in this process is because as the City's Council, she would be remised to tell the Commission that they don't have to worry about Article 6, there are in fact not one litigation but four pieces of litigation for law suits filed based on an Article 6 challenge that is that this Park is being improperly used through this approval that we have given. She noted that there have been two settlements but the problem is there is no way of preventing anyone from filing an Article 6 challenge in the City. City Attorney Dannheisser said that this is a policy issue for this Commission, either you agree that they have made every attempt to mitigate and you are willing to take the risk in the event of a litigation, and whether you allow them to stage. She stated to Mr. Price that these are tied issues and need to be decided at this point,and it needs to be decided on a general sort of way because we have not noticed this as a specific zoning hearing,depending on the consensus tonight,we will come back and redo the Resolution that originally permitted them to use the park as a entryway or they can come back as an amendment to a site plan or if it can be an administrative issue. She stated again that the policy issue needs to be decided by the Commission. Mayor Edelcup noted that that the County already said it is okay if they meet these four conditions,but then they are playing it safe on the other side even if they can't guarantee it. Mayor Edelcup said that the County is saying go ahead and use it as an entranceway, 9 Summary Minutes:Regular City Commission Meeting November 20,2003 City of Sunny Isles Beach,Florida he does not have a problem with that, but he doesn't want to see the Park closed for any kind of construction. Vice Mayor Goodman asked City Attorney Dannheisser who would end up suing the City and what would be our action in reference to this, and she said that any citizen can challenge under Article 6, whether or not we have violated that. Mayor Edelcup said that the risk to the City would be that the developer would be at risk because the City would just have to go back and say I am sorry Mr. Developer but you can't use it. He said that the City does not have a monetary liability assessed to it because it went ahead and did this, the developer is the one that is at risk. Mr. Price said that is correct and two other points is that he has a title company who has assured title to them that they have a right to go through that park,the risk is their risk. He said that two of the four lawsuits have been settled and the third one is about a week away from being settled. Mr. Price said that he has been advised by his client that they will not come back to the City at any point of time to seek staging on this property. City Attorney Dannheisser said that it was the construction that raised the whole issue. Commissioner Iglesias said that entrance through the park is safer than going through Collins Avenue, the site distance is improved, your accessibility is improved, and your storage is vastly improved. He noted that right now we have 29 parking spaces and now we will have another 29 parking spaces in the building; the City will get the Park back including the revenue. Commissioner Iglesias asked the developer if they would include two or three of the decorative lighting, the City would maintain them, but the developer would put it in the original cost of the improvement. Mayor Edelcup summarized the consensus as: there will not be any construction on the site except the time when the site itself is being improved; the ingress and egress would be allowed to be through the Park; and the City would maintain the 29 parking spaces in the Park, 29 spaces in the building, the Park would be given back the management to the City,the lifeguards will be paid as in the original license; and latest edition is that we will have lights in the Park. City Manager Russo added that they include a lighting plan for the Park and the inclusion of would be paid for by the developers of Jade on the Beach, the public bathrooms with shower and water fountain be sited on the plans also. City Attorney Dannheisser said to add one more thing to the summary that there has to be a determination on what process the City is using to accept this new site plan, the resolution that was passed which was the precondition to the zoning approval, had a different site plan,it may require just another resolution with this attached to it and put it on the December 18, 2003. Commissioner Thaler would like to put this on the December 4, 2003 agenda. Mr. LaMondon said that they have a demolition permit, a foundation permit, and asked if during this period of time, can they proceed with that. City Manager Russo said that for the record, they did not take out a building permit yet, because the records show that they owe $1,889,394.40 to the City, they have paid $465,404.48 to the City. Commissioner Brezin said that she is not in favor of closing any public park during construction,and there should be no staging in that Park. When asked where the staging will take place, Mr. LaMondon said that Mr. Comfeld has permitted 10 Summary Minutes:Regular City Commission Meeting November 20,2003 City of Sunny Isles Beach,Florida them to store and stage on the property across the street on the lot that he owns. He also stated that checks were submitted to Building Official/Administrator Clayton Parker for the permits. Mr. Parker said that they did issue a below-grade permit for this project,and he has been holding them up until they get the site plan issue resolved for the building permit. He said that the below-grade permit is permission for them to start putting in their pilings and one of the things that they have to do before they start pilings is a test piling which will take about two weeks to do. Mayor Edelcup reiterated that the Commission has agreed to let them do the test piling in the next few weeks, and that the consensus is we are ready to move forward. 12. CITIZENS' FORUM: REQUESTS,PETITIONS &OTHER COMMUNICATIONS 12.A Add-On Kathleen Kennedy requested that the potholes be fixed on North Bay Road in front of the Plaza of the Americas, by the developers that cause the potholes. She also asked what the update is on the traffic there. City Manager Russo said that it is the undergrounding of the utilities for the substation and that it will take about 6-8 weeks. Ms. Kennedy asked if something could be done about the traffic for the school buses in the mornings such as directing the traffic and better signage. City Manager Russo said that he would ask the Police to monitor it and see if they can make some recommendations. Mary Ann Eicke said that the potholes are by Porto Bellagio,and that she understood that the City Manager has asked them to expedite the flooding program for that street. City Manager Russo said that Porto Bellagio is going to repave it. He noted that a contract will be on the next agenda, that is sites specific and general for some drainage work that the City has been planning at the end of Atlantic Avenue and Atlantic Isle, and along with that contract is miscellaneous paving to do a professional job, when the City goes out now with their crews they do a temporary patch. 12.B Add-On Henry Kay requested that the agenda language be clearer and he suggested that if there is a feasibility that the Commission meetings be broadcast, the channel is there, and the Commission agreed with him and noted that the City is currently working on that project. I1 Summary Minutes:Regular City Commission Meeting November 20,2003 City of Sunny Isles Beach,Florida 13. ADJOURNMENT Mayor Edelcup moved and Commissioner Iglesias seconded a motion to adjourn the • meeting, and Mayor Edelcup adjourned it at 9:35 p.m. . I { y e Respectfulfy%ubmitted by: Approved by the City Commission on Dec. 18, 2003 . a44110141 4` Tane A. Hines,City Clerk T rman S. Edelcup, Mayor 4 ;i • 1 ,., ••I 12