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HomeMy WebLinkAbout2003-0918 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, September 18, 2003, 7:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYLNG ACTIVITIES BEFORE CITY STAFF,BOARDS,COMMITTEES OR TILE CITY COMMISSION. PLEASE CONTACT TILE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:34 p.m., with the following officials present: Mayor David Samson Vice Mayor Norman S. Edelcup Commissioner Gerry Goodman Commissioner Danny Iglesias Commissioner Lila Kauffman City Manager Christopher J. Russo City Attorney Lynn M. Dannheisser Acting City Clerk Jane A. Hines 2. PLEDGE OF ALLEGIANCE Action: Commissioner Kauffman led the Pledge of Allegiance to the flag. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting—July 17, 2003. 3B. Zoning Hearing— August 28, 2003. 3C. Emergency City Commission Meeting — September 4, 2003. Action: Vice Mayor Edelcup moved and Commissioner 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 8C (TDR Ordinance) before Item 6A, and hand-outs included the following: revised Ordinance No. 7D; revised page 5 of the Parking Authority Ordinance; revised Ordinance No. 8C.2, TDR Ordinance; additional information on the purchase of the new Community Shuttle Bus; and a request to Add-On Resolution Item 9M, an agreement with The Miami Herald. Action: Mayor Samson asked for a motion for the above changes. Summary Minutes:Regular City Commission Meeting September IS,2003 City of Sunny Isles Beach,Florida Vice Mayor Edelcup moved and Commissioner 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. 5. SPECIAL PRESENTATIONS 5A. Introduction of Miss Florida USA 2003 Kristen Berset; and Introduction of Rina Tsohn, a Sunny Isles Beach Resident Competing in the Miss Teen Florida USA 2004 Pageant. Action: Bill Lone announced that Miss Florida could not be here tonight,and introduced Mr. Grant Gravitt, President of Tel-Air Interests, Inc. Mr. Gravitt introduced Rina Tsohn, a contestant in the Miss Teen Florida 2004 Pageant who lives in Sunny Isles Beach, and her parents. 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 ("Jade on the Beach"): [Hearing#Z2003-081 1. Pursuant to Section 515 of the City of Sunny Isles Beach Land Development Regulations, the applicant is requesting to transfer 124,991 square feet of development rights from the City. 2. Pursuant to Section 508 of the City of Sunny Isles Beach Land Development Regulations, the applicant is requesting a site plan approval for a 57-story, 248-unit condominium. Protests 0 Waivers 0 Ex-Parte 0 Action: City Attorney Dannheisser read a disclaimer for the Zoning hearing. Acting City Clerk Hines read the applicant's name, hearing number, location and then administered the oath to the witnesses for the Zoning hearing, and asked if there were any ex-pane disclosures, and there were none. Public Speakers: Judith Burke, Esq.; Carlos Ott, Architect; Kobi Karp, Architect; Planning and Zoning Administrator Jorge Vera; Herbert Abramson; Casey Gabor; Kathleen Kennedy; Bobbi Sweed; Mary Ann Eicke; Irving Diamond; Henry Kay; Cecile Sippen Judith Burke,Esq., representing the applicant, noted that this project has no vested rights under any previous Zoning Code nor does it contain any requests for variances, special exceptions,or other similar considerations, and that this is an as-of-right project. She also noted that bonuses were utilized in order to enhance the project. She said that in addition to the payment to the City in excess of$800,000.00 for the use of the bonuses, Fortune Summary Minutes:Regular City Commission Meeting September 18.2003 City of Sunny Isles Beach,Florida has provided a 10,000 square foot public ocean park. She said that Fortune designed the 20-foot public beach access on the south side of their parcel in order to align with proposed development on the west side of Collins Avenue, and they also placed the beach access at that location so that it could be combined with the access to be developed on the north side of the adjacent parcel, therefore providing a combined 40-foot public access way to the beach. She noted that she wanted to incorporate the comments made by Mr. McDowell during the hearing on the TDR Ordinance (Item 8C) into the record of this hearing as further expert testimony in support of the utilization of bonuses and TDRs. Ms. Burke also stated that Fortune will pay the City for the use of the TDRs, an additional sum of$6,622,642.00. Kobi Karp, Architect, presented renderings and site plans of the project, noting that the tower front setback is 150-feet (75-feet required) away from Collins Avenue providing space for water fountains and landscaping which ascends up to the building as you approach it; and created a promenade beach access walkway from Collins Avenue to the beach. Mayor Samson asked how wide the access is to the beach,Mr. Karp answered 20- feet; Mayor Samson asked how high is the garage, Mr. Karp said that the garage is completely underneath the approach of 150-feet, he asked what the angle is as you walk up from the street to the building, and Mr. Karp said that the approach is 150-feet and the garage above the street is about 35-feet. Mayor Samson also asked what the side setback on the building is and Mr. Karp said that 50-foot setback is required on each side. He asked if that was from the tower or the base and Mr. Karp said the tower, from the base it steps up from 50 to 36 to 23 and then to 10 feet. Mayor Samson asked how high is it from the land base to the top of the garage and Mr. Karp said approximately 30-feet. Mayor Samson asked that they redesign it to have a tall and skinny concept for the view corridor to the beach. Mr. Karp said that the requirement for an open space on this project is going to be about 40% and what they did was meet it and beat it by 150%, and so what happens in order to get the tall and skinny, you have the side yard setbacks for the pedestal in order to get the tall and skinny for the tower you have the side yard setback for the tower, furthermore, they took that massing and they increased their height to get the building as skinny as possible, met and beat the required setbacks, and provided open green space. Mr. Karp stated that not only did they provide a view corridor to the water, but they provided the access and the promenade to the water, they took all the parking that was required and they set it 150-feet back from the street, and the sole purpose for that was to create the tall and skinny,not only on the tower but on the pedestal as well, and to provide as much green space to the front as possible and provided as much setback from the sides as possible. Commissioner Goodman said to Mr. Karp, if he turns the building around the other way, we would have view corridors on both sides, and that Mr. Karp is talking about tall and skinny going north and south, and we would like it to be tall and skinny going east and west. Mr. Karp said that the problem is that the way this site sits, when he turns it 90- degrees, he loses the front yard, and would have the steep slope effect. Commissioner Goodman asked where the lobby was, you have four levels of garage,each level is 9-feet, 3 Summ'ry Minutes:Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach,Florida 36-feet, after the fourth level, it must be on the fifth level, and Mr. Karp said that was correct. Vice Mayor Edelcup asked him to explain the view corridor step up on the north side,it doesn't look like there is a full 20-foot corridor,and Mr. Karp said that the parking garage steps in as you go up, it steps in on the sides and on the front, and the setback on the north meets the requirements. He noted that they are providing valet to make parking more sufficient and the parking pedestal as small as possible, and that this is as much as they can give because they are giving a lot of parking in the front,and compact as possible on the side. Vice Mayor Edelcup asked to show where the park is on the site plan, and Mr. Karp said that when you get to the beach area,the area between the bulk head line and the dune line is defined as the 10,000 square foot park area. Vice Mayor Edelcup noted that this will be a public park, and asked how a resident would access into it, and Mr. Karp said they would go through the promenade. Commissioner Goodman asked Mr. Karp who was going to maintain the park, and if they will pay the City to maintain it, and Mr. Karp said that is correct. Commissioner Goodman asked if this is considered in the VE Zone seeing how there is only a small area on both sides of the garage, and Mr. Karp said according to the survey that they are penetrating the VE Zone a little bit but they kept it at grade and kept the garage as low as possible to resolve that. Commissioner Iglesias said that the VE Zone is not a problem on large lots. Vice Mayor Edelcup noted that the driveways do not exactly line up with the traffic lights. Commissioner Iglesias said that the bottom line is that FDOT will not allow you to build anything unless you meet their regulations. Commissioner Iglesias cautioned that the higher the garage,the less desirable the building is. Vice Mayor Edelcup asked if there were any shadow studies done on this project and Mr. Karp said no, but when they first did the massing, they went this way because it creates more of a sundial effect. Jorge Vera, Planning and Zoning Administrator,reported that all requirements have been met, and recommended approval with staff conditions, and that there are several conditions. He noted that for the approval of the TDRs, the applicant will need an updated appraisal which they already have, but they will have to come back before the Commission to get an approval on the amount; provide landscaping, streetscape easements,provide 10,000 square foot park in the rear, provide declaration of restrictions recordable to the City, the bonuses which totals $803,040.00 for a total increase of 1.5 FAR,to meet their DERM requirements,Fire requirements,FDOT,DEP requirements,no building permit shall be issued unless they have met all of these requirements and paid all the fees and bonuses to the City, and basically in-house time to submit plans, to have an account open, consultants to be reimbursed by them, and they need to provide 24-hour valet service. Commissioner Goodman asked if they could provide bathrooms and showers in the 10,000-foot public park in the back. City Attorney Dannheisser stated that the 4 Summary Minutes:Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach,Florida Commission could make this a condition. Mayor Samson and Commissioner Iglesias agreed with Commissioner Goodman, and Ms.Burke said that they would agree with that condition subject to getting all the necessary permits from the State and DERM that might be required in order for that to be done. Mr. Vera noted that anything that you put beyond the bulkhead more than likely DERM and the State would not allow it, you will have to keep it on the other side of the bulkhead. Commissioner Goodman said to build it on the beach access, and City Manager Russo said that we just went through that with Ocean II, we backed the bathrooms off the VE Zone line for that purpose but that was much wider (70-80 feet) and we just met the requirements, and this beach access is only 20-feet. Mayor Samson asked if we could just put into the approval to provide bathrooms and showers if possible. Vice Mayor Edelcup suggested putting the two beach accesses together making one 40-foot beach access. Mayor Samson asked Mr. Karp if it was possible to move it back into their property, and Mr. Karp said that Commissioner Goodman had a good point and that it could be incorporated and make it a condition. City Manager Russo said to let them try to design it into the back of the building facing the public area, and Mr. Karp said they would work it out with staff. Commissioner Goodman noted that he did not have enough time to go through the blue prints and understand them, and asked for a deferral. Vice Mayor Edelcup said one of the things that we can consider in the future is when we review these plans that we spend more time in open hearing where the staff walks us through it, and we need to work towards improving the method in which we do these things. Commissioner Iglesias suggested perhaps the Commission can receive these plans two weeks ahead of time. Mayor Samson said we should have one meeting per zoning item. City Attorney Dannheisser asked for clarification and asked to bring back this Resolution at the next meeting for final approval and she will send a draft copy to the Commission because she has a number of conditions to include. Commissioner Kauffman moved and Commissioner Iglesias seconded a motion for approval,subject to staff conditions, and put in bathrooms and showers if possible, and bring back the Resolution to the City Commission for final approval. The motion was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Goodman ves Commissioner Iglesias ves Commissioner Kauffman ves Vice Mayor Edelcup ves Mayor Samson ves 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Providing for the Regulation of Private Property Trespass Towing; Providing for Summary Minutes:Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach,Florida Definitions; Providing for Consent of Property Owners; Providing for Warning to Vehicle Owners; Providing for Registration,Procedures for Towing and Storage Firms, Prohibited Practices and Procedures,Suspension and Revocation of Licenses;Providing for Severability Clause; Providing for an Effective Date. (Deferred from 6/19/03) Action: Acting City Clerk Hines read the title and City Attorney Dannheisser reported. Public Speakers: none City Manager Russo asked that we provide a requirement, if we can legally, that other than cash be accepted, such as credit cards and checks. Vice Mayor Edelcup said he objects to the inclusion that we interfere with the contractual arrangements between the owner of the property and the towing company, and wants IC from Section 5 stricken. Commissioner Iglesias was concerned that after the vehicle is hooked up and the owner returns before it is towed, the towing company should unhook the vehicle without charge, and City Attorney said that this is covered in Section 3. City Manager Russo said we can amend it by adding "prior to the towing/removal from the premises." Vice Mayor Edelcup would like to add that credit cards or checks also be accepted, and City Attorney Dannheisser will check the State Statute. Commissioner Goodman would like this publicly advertised, after adoption, to the Condominiums as well. Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve the proposal on first reading, as amended. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday, October 16, 2003, at 7:30 p.m. Vote: Commissioner Goodman ves Commissioner Iglesias ves Commissioner Kauffman yes Vice Mayor Edelcup yes Mayor Samson ves 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No.99-75,Ordinance No. 2001-142,and Ordinance No.2003-169, Entitled "Flood Damage Prevention"; Providing for Amendment of Definitions, General Provisions and Administration; Amending Conditions for Variances;Providing for Severability, Providing for Repealer; Providing for Inclusion in the Code and an Effective Date. Action: Acting City Clerk Hines read the title and Building Official/Administrator Clayton Parker reported that FEMA developed a new model Ordinance,therefore the last Ordinance we adopted had to be amended with a few minor changes, and that two new sections were added,on page 16 of Ordinance Section 5(d), and on page 19 Section C(5), 6 Summary'Minutes:Regular City Commission Meeting September I8,2003 City of Sunny Isles Beach.Florida which do not effect the City. Public Speakers: none Commissioner Goodman moved and Vice Mayor Edelcup 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, October 16,2003, at 7:30 p.m. Vote: Commissioner Goodman ves Commissioner Iglesias ves Commissioner Kauffman ves Vice Mayor Edelcup ves Mayor Samson ves 7C. 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. Action: Acting City Clerk Hines read the title and City Attorney Dannheisser reported. Public Speakers: none Vice Mayor Edelcup 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, October 16, 2003, at 7:30 p.m. Vote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Kauffman yes Vice Mayor Edelcup yes Mayor Samson yes 7D. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Repealing Ordinance No. 2003-171 Amending Section 703.8.4 (m) of the Land Development Regulations Adopted by Ordinance No. 2002-165 Entitled "Parking Garage/Rooftop Open Space"to Provide that Parking Structures that Fall Within the VE Zone on Lots with 100 Feet of Frontage or Less, are Exempt from Minimum Side Setbacks and Do Not Count Against Floor Area Ratio; Providing for a Repealer; Providing for Severability and Providing for an Effective Date. 7 Summary Minutes:Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach,Florida Action: [City Clerk's Note: Amended Ordinance handed out with an effective date change.] Acting City Clerk Hines read the title, and Mayor Samson and City Attorney Dannheisser reported that the effective date has been amended to become effective ten days after adoption. Public Speakers: Mary Ann Eicke; Bud Scholl; Henry Kay; Cecille Sippen Commissioner Iglesias said that he is opposed to this Ordinance because we still have 100-foot lots and some fall within the VE Zone, however he feels that we can find a median which he believes will work. He suggested to allow 5-feet of open-air beach access if and only if they fall in the VE Zone. He said by repealing this, you will get bigger garages. Vice Mayor Edelcup moved and Commissioner Goodman seconded a motion to approve the proposal on first reading, with amended effective date. The motion was approved by a roll call vote of 3-2 in favor (Commissioner Iglesias and Commissioner Kauffman opposed). Second reading,public hearing will be held on Thursday, October 16, 2003, at 7:30 p.m. Vote: Commissioner Goodman ves Commissioner Iglesias no Commissioner Kauffman no Vice Mayor Edelcup ves Mayor Samson ves 8. ORDINANCES FOR SECOND READING (Public Hearings) 8A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Repealing Ordinance Number 2002-150, Creating a New Ordinance Entitled "Parking Authority" Establishing Parking and No Parking Areas Within the City; Providing for a Purpose; Providing for Definitions; Providing for the Designation of the Parking and No-Parking Areas Within the Public Rights-of-Way;Providing for Resident Only Parking Areas;Providing for Permit Parking Through the Issuance of Decals by the Code Enforcement and Licensing Department; Providing for Permit/Decal Fees for Metered and Non-Metered Parking; Providing for the Revocation of Permits/Decals; Providing for Renewal of Parking Permits/Decals; Providing for Exclusion of Certain Types of Vehicles; Providing for Hours of Operation; Providing for Enforcement and Collection of Fees; Establishing an Hourly Meter Rate; Providing for Term,Transfer or Replacement of Permits/Decals; Providing for the Authority of the City Manager to Designate Parking and No Parking Zones; Providing for Penalty for Violations; Providing for Exemptions; Providing for Severability; Providing for Inclusion in Code; Providing for an Effective Date. (First Reading 7/17/03) 8 Summary Minutes:Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach,Florida Action: [City Clerk's Note: Amended page 5 of the Ordinance handed out.] Acting City Clerk Hines read the title and Code Enforcement &Licensing Director Christopher Steers reported noting that there were two minor amendments on page 5 of the Ordinance, adding the beach access parking area at approximately 192s Street, and the additional metered parking, permit and disabled parking spaces that are on the south side of 174th Street and North Bay Road. Public Speakers: none Mayor Samson asked how are we going to control the parking, and Commissioner Kauffman asked if additional staff people have been hired for this. City Manager said it has been approved for the parking enforcement people program and that we are recruiting for it right now. Mr. Steers noted that interviews will begin next week. Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to adopt the ordinance,as amended. Ordinance No.2003-177 was adopted by a roll call vote of 5- 0 in favor. Vote: Commissioner Goodman ves Commissioner Iglesias ves Commissioner Kauffman ves Vice Mayor Edelcup ves Mayor Samson ves 8B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending the Land Development Regulations of the City of Sunny Isles Beach to Modify Chapter 5,Section 501,Procedures of General Applicability;Providing for a Repealer; Providing for Severability and Providing for an Effective Date. (First Reading 7/17/03) Action: Acting City Clerk Hines read the title and City Attorney Dannheisser reported noting that this is to tighten up the regulations for submitting information on zoning applications and setting forth time periods within which things must be submitted, and adding a new section that refers to fees and bonuses and requires that no permit shall be issued until all fees and bonuses have been paid. Public Speakers: none Commissioner Kauffman moved and Commissioner Goodman seconded a motion to adopt the ordinance. Ordinance No. 2003-178 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Kauffman ves 9 Summary Minutes:Regular City Commission Meeting September IS.2003 City of Sunny Isles Beach,Florida Vice Mayor Edelcup ves Mayor Samson ves 8C. Sitting in as the Local Planning Agency and the City Commission, to Consider an Ordinance Amending the Land Development Regulations (LDRs) 8C.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 Repealing Section 515 of the Land Development Regulations, Relating to Transfer of Development Rights; Providing for Definitions;Providing for Establishing of Sending and Receiving Districts and Rights Transferred; Providing for Density and Intensity Calculations; Providing for the Imposition of Development Limitations; Identifying Disqualified Land; Providing the Procedures Pertaining to Transfer of Development Rights; Providing for the Creation of a Transfer of Development Rights Bank,Attached hereto as Exhibit "A"; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and City Attorney Dannheisser reported. Public Speakers: Carter McDowell, Esq.; Clifford Schulman, Esq. City Attorney Dannheisser noted some changes that were pointed out to her by Mr. Clifford Schulman,Esq., that would be beneficial to make, for example, we have in some sections talked about a transfer by a warranty deed and in other sections we talk about a perpetual deed restriction or easement, and we want to make that consistent. City Attorney Dannheisser felt that it should be in the form of the perpetual deed restriction or easement, because it would keep the property on the City's tax roll although allow for the public purpose. City Attorney Dannheisser also noted that the other change that she would propose is to delete the reference that if there is a change to the conditions of acceptance of TDRs, that it would be by the Commission that was involved in the initial approval, and the Commission agreed. City Attorney Dannheisser said that this is discretionary, and that the Commission may make the decision as to whether or not this benefits this site and accomplishes the goals of the Comprehensive Plan and the Land Development Regulations. Commissioner Goodman noted that in the TDRs it says when you are selling the TDRs it must be for the best interest of the City,and City Attorney Dannheisser agreed noting that when you are selling those rights from the City, it will come from a bank that has been secured from sites that were previously zoned and are now parks or publicly owned facilities. Vice Mayor Edelcup said that the benefits would be an enhancement above something that otherwise would be there without the TDRs. City Attorney Dannheisser said that there are some prescriptions too like you can't grant these without having the kind commit in parking to go along with the increased density or intensity. Mayor Samson asked if there was a time limit to use these TDRs, and City Attorney Dannheisser answered yes, five (5) years. 10 Summary Minutes:Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach,Florida Vice Mayor Edelcup suggested that we have a workshop soon to talk about what the criteria of enhancements could be so that we can get a general feel of what we are talking about and being able to apply it uniformly to various applicants as they come before us. Carter McDowell, Esq. on behalf of Stanley Price, Esq., stated for the record that it is clear that the establishment of TDR ordinances is not only permitted and authorized by State Statute but encouraged. He stated that in the City's Comprehensive Plan, in reference to Policy 15C which says that within one year as required by law, the City was to adopt a comprehensive set of land development regulations, and it goes on to say such regulations shall include transfer of development rights. He stated that he is here to support it, and to reiterate on the record that it is a very well recognized and supported legal mechanism that is used in land development regulations nationwide. Clifford Schulman, Esq., noted that what this Ordinance now allows the City to do is basically utilize your TDRs but if you don't use them, they go into the bank. He noted that the Ordinance as presently written basically says that the bank account lasts up to five (5) years and the intent of the TDRs is to encourage developers to basically utilize TDRs by way of moving their density, making contribution in either cash to the City or a public space. He stated that the five-year period is not a long period as the real estate cycle basically goes in seven-year periods historically, because it takes four to five years to get through the zoning process, site plan approval process, platting process, building permit process, and building process. Mr. Schulman suggested that the five-year period is short and should be changed to a minimum of a seven-year period. City Attorney Dannheisser explained that if a developer contributes the rights into the bank and does not utilize it within five years, that developer forfeits it and the City gets the benefit of it without having the development rights. Vice Mayor Edelcup stated that we could adopt now at five years and if economic conditions warrant it, we can always amend it in the future. Vice Mayor Edelcup moved and Commissioner Iglesias seconded the motion. LPA Resolution No. 2003-08 was adopted by a voice vote of 5-0 in favor. 8C.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Repealing Section 515 of the Land Development Regulations, Relating to Transfer of Development Rights; Providing for Definitions; Providing for Establishing of Sending and Receiving Districts and Rights.Transferred; Providing for Density and Intensity Calculations; Providing for the Imposition of Development Limitations; Identifying Disqualified Land; Providing the Procedures Pertaining to Transfer of Development Rights;Providing for the Creation of a Transfer of Development Rights Bank;Providing for a Repealer; Providing for Severability; Providing for an Effective Date. (First Reading 8/28/03) 11 Summary Minutes:Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach.Florida Action: [City Clerk's Note: Amended Ordinance handed out.j Acting City Clerk Hines read the title and City Attorney Dannheisser reported. Public Speakers: Carter McDowell, Esq.; Clifford Schulman, Esq. Carter McDowell, Esq., and Clifford Schulman,Esq.,reiterated their above comments for this Ordinance. Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to adopt the ordinance,as amended. Ordinance No.2003-179 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Goodman Yes Commissioner Iglesias ves Commissioner Kauffman ves Vice Mayor Edelcup ves Mayor Samson ves 9. RESOLUTIONS 9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Accepting the Results of the General Election Which Was Held on Tuesday, September 9, 2003 and Declaring Lewis Thaler to be Elected; Declaring Danny Iglesias as Commissioner Who Was Automatically Elected, Having No Opponents; Discharging the Canvassing Board for Said General Election;Providing for an Effective Date. Action: Acting City Clerk Hines read the title. Public Speakers: none Vice Mayor Edelcup moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No.2003-588 was adopted by a voice vote of 5-0 in favor. 9B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2003-571 Establishing a Revised Schedule for City Commission Meetings for the Remainder of Calendar Year 2003, by Adding a Special City Commission Meeting on Wednesday, October 8, 2003, at 7:00 p.m., for Swearing in of Newly Elected or Re-Elected City Commissioners; Providing for an Effective Date. 12 Summary Minutes:Regular City Commission Meeting September IS,2003 City of Sunny Isles Beach,Florida Action: Acting City Clerk Hines read the title. Public Speakers: none Vice Mayor Edelcup moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No.2003-589 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, Authorizing Vice Mayor Edelcup as the City's Delegate to the Miami-Dade League of Cities and Commissioner Goodman as the Alternate to Attend Meetings During the 2003/04 Budget Year; Providing. for an Effective Date. Action: Acting City Clerk Hines read the title and reported. Public Speakers: none Mayor Samson passed the gavel and moved and Commissioner Iglesias seconded a motion to designate Norman S.Edelcup as the delegate and Gerry Goodman as the alternate,and to approve the resolution. Resolution No.2003-590 was adopted by a voice vote of 5-0 in favor. 9D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Establishing a Schedule for City Commission Meetings for Calendar Year 2004; Providing for an Effective Date. Action: Acting City Clerk Hines read the title. Public Speakers: none Mayor Samson asked that if we have a quorum we should go ahead and hold the meeting as scheduled. Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to approve the resolution. Resolution No. 2003-591 was adopted by a voice vote of 5-0 in favor. 9E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Amendment No.4 to Agreement by and between the City of Sunny Isles Beach and Vila & Son Landscaping Corp., for Landscaping Services for Gilbert Samson Oceanfront Park, in an Amount of $67,948.90, Attached Hereto as Exhibit 13 Summary Minutes:Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach.Florida "A";Authorizing the Mayor to Execute Said Amendment;Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of Amendment No.4; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and City Manager Russo reported. Public Speakers: none Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No.2003-592 was adopted by a voice vote of 5-0 in favor. 9F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Apply for, Receive, and Expend Funds from a Bureau of Justice Assistance,Local Law Enforcement Block Grant,in the Amount of $14,205.00, with the City Providing Matching Funds in an Amount of $1,578.00, Representing the Required 10% Match, for the Purchase of Computer Hardware; Authorizing the City Manager to Apply for,Receive,and Expend Funds,as Appropriate, Without Further Approval of this Commission; Providing for an Effective Date. Action: Acting City Clerk Hines read the title. Public Speakers: none Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No.2003-593 was adopted by a voice vote of 5-0 in favor. 9G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Purchase of a New Community Shuttle Bus from Atlantic Bus Sales, Under a State of Florida Government Contract No. FVPP-02-CA-3, in the Amount of $80,264.00 '. _..ee • . .. : - . : -- • • • e -• . : to be Paid for with Funds Provided to the City by the People's Transportation Plan 1/2% Surtax; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Additional information handed out.] Acting City Clerk Hines read the title and Cultural and Human Services Director Susan Simpson reported that a revised purchase order was handed out with the correct price of$80,264.00. Public Speakers: none City Manager Russo stated that the bus has custom seats,closed circuit television system, 14 Summary Minutes: Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach,Florida a better wheelchair lift system, more comfortable seats, 24 seats with two wheelchair capability, or 26 seats. Commissioner Goodman asked if we already received the money for this and Ms. Simpson answered yes and that we have received $151,248.00. Commissioner Goodman asked if we will be purchasing more buses and City Manager Russo said that eventually we will be replacing three buses and keep the best of the two Ford Chassis Buses as a spare. Mayor Samson asked that when we get enough new buses that we amend the schedule to add services to the hospital and add Sundays. Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve the resolution,as amended. Resolution No.2003-594 was adopted by a voice vote of 5-0 in favor. 9H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Consignment Agreement between the City of Sunny Isles Beach and Atlantic Bus Leasing,Inc., to Dispose of Shuttle Bus No. 9910, a 22-Passenger Euro- Lite Legacy Shuttle Bus, with the Condition that Atlantic Bus Sales will Purchase the Bus After 150 Days if no Other Offer is Made; 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 Manager reported that this is a contract for sale of one of the old buses. Public Speakers: none Commissioner Kauffman moved and Vice Mayor Edelcup seconded a motion to approve the resolution. Resolution No.2003-595 was adopted by a voice vote of 5-0 in favor. 91. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Establishing Necessity to Acquire Property Located at 19142 Collins Avenue,Sunny Isles Beach,by Condemnation; Providing the City Manager and the City Attorney with the Authority to Acquire the Property by Purchase or Condemnation;Providing the City Manager and the City Attorney with the Authority to Initiate an Eminent Domain Action and the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and City Manager Russo reported that this is the property on Atlantic Boulevard and Golden Shores on the northeast side of the Golden Shores Park. He noted that by necessity we need to pass this resolution to move forward but we are keeping the lines of communication open to negotiate a price for the property to continue and complete the planning for park needs in the Golden Shores area. 15 Summary Minutes:Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach,Florida Public Speakers: none Mayor Samson asked City Manager Russo if he has talked to the owners after they turned down his original offer, and he answered that after they met with them, they wrote to them formally with an offer and received a response back from their representative rejecting it. City Manager Russo communicated again with their representative to explain to them about tonight's resolution and invited them to be in attendance. Commissioner Iglesias moved and Vice Mayor Edelcup seconded a motion to approve the resolution. Resolution No.2003-596 was adopted by a voice vote of 5-0 in favor. 9J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Conceptual Plans for the 192"d Street Beach Access Point as Prepared by O'Leary Design Associates, P.A.: Providing the City Manager with the Authority to Do All Things Necessary to Effectuate the Intent of this Resolution; Providing for an Effective Date. (Deferred from 7/18/02) Action: Acting City Clerk Hines read the title and City Manager Russo reported and presented the Conceptual Plan prepared by O'Leary Design Associates, P.A. Public Speakers: Cecile Sippen Commissioner Goodman asked who owned that beach access and City Manager Russo said that the City owns it. Commissioner Goodman noted that the City is building a bathroom at Ocean II, which would alleviate the situation that we have had at 192d Street. He asked if it would be possible in the future to consider putting a bathroom here, and City Manager Russo didn't think it would be wide enough to maintain the required access for the big equipment when they do the beach renourishment. Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2003-597 was adopted by a voice vote of 5-0 in favor. 9K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement by and between the City of Sunny Isles Beach and the Firm of Calvin,Giordano &Associates,Inc.for Surveying,Engineering Design and Construction Inspection Services for the Resident Only Parking Adjacent to the City's Passive and Active Parks on North Bay Road, in an Amount Not to Exceed $20,000.00, plus Reimbursement of$2,000.00 $28,677.00 Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution: Providing for an Effective Date. 16 Summary Minutes:Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach,Florida Action: Acting City Clerk Hines read the title and Code Enforcement and Licensing Director Christopher Steers reported. Public Speakers: none Commissioner Iglesias felt this was too expensive and suggested that it should not be more than $20,000.00, including reimbursement of$2,000.00. Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve the resolution,as amended. Resolution No.2003-598 was adopted by a voice vote of 5-0 in favor. 9L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Supporting the Florida Free Trade Area of the Americas (FTAA) Efforts to Promote Miami as the Natural Location for the Permanent Secretariat of the Free Trade Area of the Americas; Providing for an Effective Date. Action: Acting City Clerk Hines read the title. Public Speakers: none Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No.2003-599 was adopted by a voice vote of 5-0 in favor. 9M. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement between the City of Sunny Isles Beach and The Miami Herald Publishing Company, for Retail Advertising Services; Providing the Mayor the Authority to Execute Said Agreement; Providing the City Clerk and the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and reported. Public Speakers: none Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2003-600A was adopted by a voice vote of 5-0 in favor. 17 Summary Minutes:Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach,Florida 10. MOTIONS None 11. DISCUSSION ITEMS 11A. Discussion regarding the Countdown Pedestrian Signal Test on the North Crosswalk at Collins Avenue and 174th Street. Action: City Manager Russo announced that FDOT placed a countdown pedestrian signal on the crosswalk at the north side crosswalk on Collins Avenue and 174h Street and invited residents to forward any comments to him. 11B. A Presentation by Calvin, Giordano& Associates, Inc. regarding the Reconstruction of 172nd Street. Action: City Manager Russo requested that this item be deferred. 12. CITIZENS'FORUM: REQUESTS,PETITIONS &OTHER COMMUNICATIONS 13. ADJOURNMENT Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to adjourn the meeting.The motion was adopted by a voice vote of 5-0 in favor and the meeting was _adjourned at 10:45 p.m. Respectfullytsubmitted by: Approved by the City Commission on Oct. 23, '003 • WWI 0 Jane Al. Hines, City Clerk Nov an S. Edelcup, Mayor • 18