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HomeMy WebLinkAbout2007 1115 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, November 15,2007, 7:30 p.m. City of Sunny Isles Beach, Florida A TTENTION 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 7:30 p.m., with the following officials present: Mayor Norman S. Edelcup Vice Mayor Lewis J. Thaler Commissioner Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias City Manager A. John Szerlag City Attorney Hans Ottinot City Clerk Jane A. Hines, CMC Assistant ,City Manager/Services Jorge Vera Assistant City Attorney Fernando Amuchastegui 2. PLEDGE OF;ALLEGIANCE / INVOCATION Action: Captain Winston Knauss led the Pledge of Allegiance to the flag, and Richard C. Schulman gave an invocation. Mayor Edelcup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - October 18,2007. Action: Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5- o in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Additional Information/correspondence regarding Item 6A, Oceanika, and Item 8A, Da Vinci; and Add-On Item 12D, Request of RK Associates to Discuss the Uniform Sign Plan, were handed out prior to the meeting. Action: Mayor Edelcup noted the above changes to the agenda, and City Manager Szerlag noted that Arnold Shevlin requested to defer Item 12D to December 13,2007 for a formal application, however City Manager Szerlag asked to leave it on as a brief discussion. Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the above changes to the agenda. The motion was approved by a voice vote of 5-0 in favor. Summary Minutes: Regular City Commission Meeting November 15, 200T City of Sunny Isles Beach, Florida 5. SPECIAL PRESENTATIONS 5A. Presentation to Commissioner Danny Iglesias in Recognition of his Ten (10) Years of Dedicated Service on the Sunny Isles Beach City Commission. Action: Mayor Ede1cup said that Commissioner Iglesias has been involved with the City including the formation of the City, close to 12 years, and historically Commissioner Iglesias is the first member to be termed out in our City due to term limits, and the last member of the original Commission to serve on this Commission. Mayor Edelcup and the City Commission presented Commissioner Iglesias with an inscribed crystal vase/plaque. Commissioner Iglesias thanked the Commission and staff, and stated that Sunny Isles Beach is a model city for people who are incorporating, to look at it and say this is how you do it. City Manager Szerlag announced that we have a power point presentation in honor of Commissioner Iglesias with thanks to Administrative Services Director Alyce Hanson for putting it together. Mayor Edelcup said on behalf of the City Commission, to commemorate this wonderful occasion we are going to name 178th Street, the entranceway to the City Hall area, in his honor so he will always be remembered by not only this generation but for generations yet to come, for being one of the creators of this wonderful City of Sunny Isles Beach, to be named "City Commissioner Danny Iglesias Street". [City Clerk's Note: See Add-On Item 10M] Mayor Edelcup announced that we will take a Yz hour break after Item 8A, and refreshments will be served in the 1 st floor meeting room in honor of Commissioner Iglesias' tenure, and he invited everyone to attend. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS 6A. Request of Oceanic Development, LLC, Owner of the Property Located at 18915,18925, 18955, 18965, 18985, 19001, 19025, 19035 Atlantic Boulevard, for the Following (Oceanika): [Hearing #Z2007-01(a)] Summary: The Applicant is requesting Site Plan approval for a 20-unit townhouse development consisting of four (4) buildings each containing five (5) units together with the release of certain Declaration of Restrictions. The purpose of requests 2 through 4 are to release certain restrictions that were placed on the subject property which would prohibit the proposed development. 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a Site Plan approval for a 20-unit townhouse development consisting of four (4) buildings each containing five (5) units. 2. Release of Declaration of Restriction recorded on Official Record Book (ORB) 3049 Page 139 dated August 11, 1948, only as it applies to the subject property. 3. Release of Agreement recorded on ORB 3356 Page 449 dated November 3,1950, only as it applies to subject property. 2 Summary Minutes: Regular City Commission Meeting November 15,2007 City of Sunny Isles Beach, Florida 4. Release of Declaration of Restriction recorded on ORB 3972 Page 328 dated August 30, 1954, only as it applies to the subject property. 5. Partial Release of Easement, more specifically described as, the West 10- feet of a vacated alley approved by the City of Sunny Isles Beach, City Commission under Resolution No. 2003-51 I passed and adopted on February 20,2003. (Deferred from 9/20/07) Protests 1 Waivers o Ex Parte ~ Action: [City Clerk's Note: A protest letter from property owner Marie Bundick was distributed prior to the meeting.] Mayor Ede1cup gave opening remarks on zoning procedures/decorum and City Clerk Hines read a disclaimer for the Zoning hearing, and administered the oath to the witnesses for the Zoning hearing. Community Development Director Robert Solera reported. Public Speakers: Jeffrey Perlow, Esq.; Mike Strohl, Architect; Jeffrey Perlow, Esq., representing the applicant, reported that they will accept the staffs recommendations and all the conditions contained in the report except one, the exclusive easement for FPL. He said that they have a letter from FPL indicating that they don't need it as an exclusive easement, and so they want to have that I 0- foot easement as a utility easement for other potential utilities as well. He stated that there are currently 16 existing duplex units which will be demolished and they will build four (4) buildings with five (5) townhome units in each with a price range of $1.4 to $1.7 Million Dollars. He said they hope to start within six months, with sales beginning with the approval tonight. Architect Mike Strohl presented renderings ofthe project, and Commissioner Brezin said that there is a lack oflandscaping on this project. Mr. Strohl said that the rendering is not a perfect representation of their landscape plans because when they went through the zoning comments, the landscaping increased substantially. He presented the landscape plans in L1 which shows landscaping all along Atlantic Boulevard, and the area in back is heavily landscaped. Commissioner Brezin asked about the wall going across the rear of the property in the swimming pool area, is there landscaping there, and Mr. Strohl said there is landscaping from the east and west side of the wall with heavy landscaping by the chain-link fence He said that wall is going to be similar to the current 6-foot wall on Lehman Causeway to keep the consistency. Commissioner Brezin said the landscaping along that wall is actually part of the site plan approval and we are assured that the property will be properly landscaped, which would meet with our beautification project, and Mike Strohl said yes. Commissioner Iglesias said he agrees with Commissioner Brezin, we would like to see an elaborate landscaping plan. Assistant City Manager/Services Jorge Vera said there are two things happening back there, the remaining 10- feet of that easement is going to have to stay clear because FPL is using that easement, and we are going to be putting in some transmission bolts and they need access. He said we can see if they can create some kind of hedge close to the wall, such as ficus which would hide the wall, and also we have plans on that northern end to redo all that landscaping, the FDOT area, which is going to be heavily wooded. Commissioner Goodman asked whose 3 Summary Minutes: Regular City Commission Meeting November 15, 2007 City of Sunny Isles Beach, Florida land they are putting the ficus hedge on, and City Attorney Ottinot said we are going to put the enhanced landscaping on the developer's property in the back of the wall, and if the enhanced landscaping does interfere with our existing easement, staff will probably not have a problem. Mr. Perlow said to add enhanced landscaping to the conditions of this approval. Vice Mayor Thaler said besides the beautification there has been a number of problems in that area pertaining to water, as we have had a number of complaints over the years including tonight's Protest Letter that relates partly to that. He said the developer is permitted to build almost 3-feet higher than the old building, and so the containment of that water is very important, and he wants to make sure we have assurance that we will oversee that area and problem before we give a CO. Commissioner Iglesias said that is part of the Code, right now the flood elevation criteria is at 8 in the entire City, and what he is saying is correct, obviously when you are building higher you can't allow the water to flow on the neighboring property but DERM and City staff would require you to retain your own water. Mayor Ede1cup noted the Drainage Statement in the additional handout items, and City Manager Szerlag said one of the issues that he asked staff was pertaining to drainage, that any new development cannot cause a drainage problem on adjacent properties nor can it exasperate an existing drainage problem, it doesn't have to correct the drainage problem but it can't make it worse. He said staffwill take a look at storm water calculations and ensure that the statement that we have from the engineer for the developer is mathematically correct and that we will not issue any permits until such time that we are satisfied that drainage issues are taken care of. Commissioner Goodman said he is concerned about the front of the property which is cement that could cause drainage problems because the water has a tendency to run and it can flood. He noted the letter from the engineer saying that he is going to do a French drain system in the rear yard areas to make sure that the water doesn't flood the neighbors, but his concern is the front where you don't have any landscaping to absorb the water and he is concerned that Golden Shores will be flooded. Commissioner Iglesias said by law you have to provide an outlet. Mayor Edelcup said there are drains in the front and in addition, there are drains at the rear of the property. Mr. Perlow showed renderings of the front where there are patches of grass between each house and a swale area in order to catch rainfall for run-off. He said when they designed this they wanted to make sure there was not a lot of traffic and parking on the street, which is why they have 2-car garages and allow two guests to park on the property. Assistant City Manager Vera said one of the things omitted as a condition was to plat this property, and it needs to be put in. Mayor Ede1cup said there are swimming pools at the rear ofthe homes, are each of them fenced off from one and other, and it was noted that there are aluminum fences between them with a private back yard between each one. Community Development Director Solera said they will come in as separate permits. Mayor Edelcup said in regards to Art in Public Places, we need to be specific as to what that entails under this particular project, there is an option of either doing an onsite or offsite, what is the formula. City Attorney Ottinot said that the Code requires that the developer construct a piece of art work on site, in lieu of the artwork, they are required to contribute to the Public Art Trust Fund of 1 % of construction costs of the development project, not exceeding 4 Summary Minutes: Regular City Commission Meeting November 15,2007 City of Sunny Isles Beach, Florida $500,000. Mr. Perlow said there is not much room on the property for artwork, so they will instead contribute to the Public Art Trust Fund. Assistant City Manager Vera said when they are ready to start the construction, he would like staff to sit down and do a logistics on how the construction process is going to go to try to minimize the impact to the community there because they have only one way in and one way out. Mr. Perlow said they had discussed that issue, and logistically most of the construction work will be from the back, they have 14-feet, and will put a fence around the whole project. Commissioner Brezin asked about the staging area, and Mr. Perlow said they will build in sequence and so they can keep moving the staging areas. City Attorney Ottinot said in summary that three conditions were added: 1) include enhanced landscaping around the rear wall area and the side wall; 2) platting of the property; and 3) compliance of Art in Public/Private Places Ordinance which developer has agreed to a monetary contribution in lieu of art in public/private places. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion for approval, subject to staff conditions, and to the additional conditions as outlined. Resolution No. 07-Z-112 was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias ~ Vice Mayor Thaler yes Mayor Ede1cup yes 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Sections 265-34,265-35, and 265-36 ofthe Zoning Code to Increase the Price of a Bonus Participation Unit from $50,000.00 to $72,000.00 in Certain Zoning Districts; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager/Services Vera reported. Public Speakers: none Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of5-0 in favor. Second reading, public hearing will be held on Thursday, December 13, 2007, at 7:30 p.m. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Thaler yes Mayor Ede1cup ~ 5 Summary Minutes: Regular City Commission Meeting November 15, 2007 City of Sunny Isles Beach, Florida 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 235-3 of the City Code Relating to Stormwater Utility Fees; Providing for Severability; Providing for Inclusion in the Code; Providing for Repealer; Providing for an Effective Date. Action: City Clerk Hines read the title, and Public Works Director Rick Conner reported. Public Speakers: none Commissioner Iglesias moved and Vice Mayor Thaler seconded a motion to approve the proposed ordinance 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, December 13,2007, at 7:30 p.m. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Thaler yes Mayor Edelcup yes 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-63.3. ofthe City Code Relating to the Installation of Construction Fencing; Providing for Severability; Providing for Inclusion in the Code; Providing for Repealer; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager/Services Vera reported. Public Speakers: none Commissioner Brezin moved and Commissioner Iglesias seconded a motion to approve the proposed ordinance 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 13, 2007, at 7:30 p.m. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Thaler yes Mayor Edelcup yes 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) 8A. A Request from Mully SB L.L.c. (the "Applicant"), (Z2007-07), to Amend Resolution No. 05-Z-99, Extending the Time Required to Obtain a Building Permit Pursuant to Zoning Application on the Property Located at 17141 Collins Avenue, in Accordance with Section 265-l1(L) ofthe Land Development Regulations. (DaVinci) Action: [City Clerk's Note: Correspondence was distributed prior to the meeting from Clifford Schulman, Esq. dated November 13, 2007 re: Letter of Intent, and Letter of Authorizationfrom Sean Tanner, Sunny Isles Development Co., to DEP dated September 11, 2007, regarding Temporary Storage of Excavated Material.] City Clerk Hines read the title, 6 Summary Minutes: Regular City Commission Meeting November 15,2007 City of Sunny Isles Beach, Florida and Community Development Director Robert Solera reported. Public Speakers: Cliff Shulman, Esq. Cliff Schulman, Esq. representing the applicant reported that they are requesting a 6-month extension of time for this project. He handed to the City Clerk 46 Purchase and Sale Contracts of the Project, there are 69 units in the Project, which represents $89 Million Dollars worth of sales price. He said to date that the applicant has invested $20 Million Dollars into this site with a $l3 Million Dollar purchase price, and $7 Million Dollars worth of additional expenditures to get to this point. Mr. Schulman described the process that they have gone through so far, and due to delays in obtaining the Coastal Construction Control Line (CCCL) Permit with the Florida Department of Environmental Protection (FDEP), they are requesting an extension. He said that they have received approval of all various disciplines except the structural approval which they expect soon. He said that they are in the process of the City's final review of the building plans, and that they have been through DERM, Fire, mechanical, electrical, plumbing, everything is done except structural and DEP. He said the application for the CCCL permit was determined complete as of October 10, 2007 and the permit will be issued within 90 days, and so they don't have to act on this application until January 10,2008, and their zoning expires December 8, 2007. Mr. Schulman said as part of the project they are adding sand to Samson Oceanfront Park beach and dune. He said that they are committed to the City and once they get their Building Permit they will pay the City $5.7 Million Dollars which is their bonus payment, and a $1 Million Dollar voluntary contribution as well as $3.9 Million Dollars in TDRs. He said that they have hired the coastal engineering firm of Coastal Systems, who have worked with DEP in the past to get most of the buildings that are presently in Sunny Isles Beach, and it is unfortunate that they have not been able to get through DEP in a timely fashion. Vice Mayor Thaler said he thought 6-months is an excessive amount of time, and Mr. Schulman said that DEP doesn't have to act on this until January 10, and so it is out of their control. Commissioner Goodman asked what the delay was as this is the first time for anyone that applied for a permit that did not use it within the two years. Mr. Schulman said it was caused by Hurricane Wilma and the hurricane before that one, it scared DEP and so they have increased their level of scrutiny on projects. City Manager Szerlag asked Building Official Clay Parker if there was a delay on our part, and Mr. Parker said we can't do anything until they get the Notice to Proceed, they made their application in 2005, and came back and made changes, it is a long process with DEP and they may need a 6-month extension. Mayor Edelcup said by granting longer extensions it delays the City's budgetary process in anticipation of collection of those funds for the TDRs, bonuses, etc. He said he wouldn't mind giving a short extension to the January or February meeting, anything longer than that he would like to see the developer propose to make a partial payment on the amount of money due the City. Mr. Schulman asked if the City could give them until March, as he doesn't have any money to give the City until the Building Permit is issued, at which time the construction financing will kick in and they can pay the City, as they can't touch the money they have received from buyers as it is in escrow. He said ifthey can have until March they hope to give the City the full $6 Million Dollars. 7 Summary Minutes: Regular City Commission Meeting November 15,2007 City of Sunny Isles Beach, Florida City Attorney Ottinot said if the developer is willing to accept the Mayor's proposal and is willing to give payment, it is up to the Commission to grant an extension or not. Mayor Edelcup said he doesn't have a problem moving it to the March date as an outside date but if they get DEP approval prior to March then he would like to pull the plug and have it on the February hearing, we can word it to be 90 days or the earlier of. Commissioner Goodman asked Building Official Parker ifhe was aware of any other problems that could make this a troubled project, and he said no. City Attorney Ottinot clarified the date of March 15, 2007 or the earlier of. Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve a resolution for an extension to March 15,2007 or the earlier of. Resolution No. 2007- 1170 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Thaler yes Mayor Ede1cup yes [City Clerk's Note: Mayor Ede1cup adjourned for a Yz hour break.] 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 26-10 of the City Code Relating to the Installation of New Officers After an Election; Providing for Severability; Providing for Inclusion in the Code; Providing for Repealer; Providing for an Effective Date. (First Reading 10/18/07) Action: City Clerk Hines read the title, and reported. Public Speakers: none Commissioner Goodman moved and Commissioner Iglesias seconded a motion to adopt the ordinance. Ordinance No. 2007-289 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Thaler yes Mayor Ede1cup yes 9B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Sections l29-65 and 129-66 of the City Code Relating to the Registration for Placing or Maintaining Communications Facilities in Public Rights-of-Way, and the Transfer, Sale, or Assignment of Assets in Public Rights-of-Way; Providing for Severability; Providing for Inclusion in the Code; Providing for Repealer; Providing for an Effective Date. (First Reading 10/18/07) Action: City Clerk Hines read the title, and City Attorney Ottinot reported. Public Speakers: none 8 Summary Minutes: Regular City Commission Meeting November 15,2007 City of Sunny Isles Beach, Florida Commissioner Brezin moved and Commissioner Iglesias seconded a motion to adopt the ordinance. Ordinance No. 2007-290 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Thaler yes Mayor Ede1cup ~ 9C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-35 (8) of the City Code to Clarify the Width ofthe Required Beach Access; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 10/18/07) Action: City Clerk Hines read the title, and City Manager Szerlag reported. Public Speakers: none Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to adopt the ordinance. Ordinance No. 2007-291 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin ~ Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Thaler yes Mayor Edelcup yes 10. RESOLUTIONS lOA. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving a Contribution of $5,000.00 to the After School Program at Ruth K. Broad - Bay Harbor Elementary School; 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 Mayor Ede1cup reported. Public Speakers: none Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1171 was adopted by a voice vote of 5-0 in favor. lOB. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving an Option Agreement in Substantially the Same Form with Avilla Condominium Association, Inc., Attached Hereto as Exhibit "A", for the Purchase and Sale of Real Property, of Approximately 20,550 Square Feet Located Along the South Side of NE 175th Terrace, Approximately 200-Feet West of Collins Avenue, for $1,650,000.00, with an Option Deposit of$25,000.00 for a 90-Day Option, Which Deposit Shall be Applied to the Purchase Price if the City Proceeds to Purchase the Property; Authorizing the Mayor to Execute the Option Agreement; Providing the City Manager and the City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an 9 Summary Minutes: Regular City Commission Meeting November 15,2007 City of Sunny Isles Beach, Florida Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting that this property is near Samson Oceanfront Park and would create additional parking for the Park. Public Speakers: none Commissioner Brezin asked if A villa has any restrictions that they are giving to the City in regard to their own residential parking, and City Attorney Ottinot said no, the City will have full use of the property, although we had a request from their attorney if the City was willing to provide lifetime parking for the residents. He said this would be a policy decision that the Commission would make in the near future. Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1172 was adopted by a voice vote ofS-O in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Declaring Lewis J. Thaler as Commissioner Seat 1, and George "Bud" Scholl as Commissioner Seat 3, Who Were Automatically Elected, Having No Opponents, for the General Election which was Scheduled on Tuesday, November 6, 2007; Discharging the Canvassing Board for Said General Election; Providing for an Effective Date. Action: City Clerk Hines read the title. Public Speakers: none Commissioner Iglesias moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2007-1173 was adopted by a voice vote of 5-0 in favor. 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Sir Winston Luxury Yacht Charters for Dock Space at Bella Vista Bay Park for Excursion Vessel Operations, for a Fee to be Paid to the City of$1,600.00 Per Month Plus Utilities, for a One-Year Term with Option for Renewal, 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 Szerlag reported noting that Winston and Diane Knauss had agreed to provide on a trial basis to have dinner cruises for our residents about once a month. Cultural and Human Services Director Susan Simpson did a power point presentation of the yacht which is docked at 500 Sunny Isles Boulevard, and introduced Winston and Diane Knauss who described the photos. Public Speakers: Winston and Diane Knauss; Commissioner Goodman asked if it was ADA compliant, and Mr. Knauss said yes, that there is an elevator and handicapped toilets, a wheelchair can get on all levels, but ADA does not have a requirement on aircraft and small vessels such as theirs. City Manager Szerlag noted the employees holiday party will be on the Sir Winston on December 12, 2007. Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2007-1174 was adopted by a voice vote of 5-0 in favor. 10 Summary Minutes: Regular City Commission Meeting November 15,2007 City of Sunny Isles Beach, Florida 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Naming of the Beach Access Located at 17275 Collins Avenue the "Irving M. Diamond Beach Access" in Honor and Appreciation of his Dedication to the City of Sunny Isles Beach; Directing the City Manager and/or hislher Designee to Place Signage Commensurate with this Distinction at Said Beach Access; 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 Mayor Edelcup reported that Irving Diamond was one of the original incorporators of the City, and has done so much throughout his lifetime, and was very active in the City. Cultural and Human Services Director Susan Simpson said that she talked to the family about a date for the dedication ceremony and they had suggested March 2008, and so we will pick a Friday morning in March for the ceremony. Public Speakers: none Commissioner Goodman asked ifit would be appropriate to add Irving's wife to the beach access as she passed away shortly after he did and she was very active in the community. Mayor Edelcup said that it was really Irving that was the driving force and the honor really belongs to him, and Commissioner Iglesias said that she would have wanted it that way. Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1175 was adopted by a voice vote of 5-0 in favor. 10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Calvin Giordano & Associates, Inc. for the Provision of Code Enforcement Services for a Three-Month Period, in the Amount of $19,575.00; 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 Szerlag reported and noted that we have divided the City into four zones, and that this Code Enforcement Officer would walk every day in Zone 1 which is Collins A venue as well as the beach accesses., and if after three months of using a consultant, we like the way the City looks from a zoning perspective, he would like to make a budget amendment and hire someone full time to be that fourth Code Enforcement Officer. He said in tandem with that, we have also budgeted two part-time people in Public Works, and he would like to create for a three-month trial period, another division of Public Works called Right-of-Way, and have them walk Collins Avenue every day as well as the beach area so there will be a team of Code Enforcement and Public Works. He said after two months they will take an assessment to see how it works, and if they perform well and we agree that it is worth it, make those part-time employees full time. Public Speakers: none Mayor Edelcup said the operative word is walking, because walking is the only way you can see the problems. Vice Mayor Thaler said that he feels there should be a rotation as different people will see different things. City Manager Szerlag said that rotation is not a problem, with the exception of Public Works which is mainly cleanup. Commissioner Goodman asked if they are talking about both sides of Collins A venue, and does the beach accesses include the whole beach. City Manager Szerlag said both sides of 11 Summary Minutes: Regular City Commission Meeting November 15,2007 City of Sunny Isles Beach, Florida Collins A venue, and yes the whole beach, he has expanded the definition of right -of-way to include the public portion of the beach as well as all our beach access points, which he has attached to his memo along with the four zones. Commissioner Goodman noted that it is to catch people that are using the public beach for private use, and City Manager Szerlag said yes, that will be part of the Zoning Code, beach chair issues are another item as well. Commissioner Iglesias said he likes the idea, walking makes the positive impact. City Manager Szerlag said this is Phase II of what they started about three weeks ago, Phase I was when he joined Building Official Clay Parker's monthly developers meeting so he could advise them in person that we are going to take how the City looks seriously and it defines on jaywalking, general clean-up issues, and if it weren't enough to prohibit a developer from not caring, then he was going to delay extended hours of work to having a clean inspection both from Zoning and clean-up perspectives. He said every Friday he will get a report from the Police Department, Public Works, and Code Enforcement on every development along Collins A venue and they would make a recommendation as to whether we should continue to let that developer work extended construction hours. Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1176 was adopted by a voice vote of 5-0 in favor. lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Purchase of 15 Dell Laptop Computers, 15 Mobile Printers with Carrying Cases and Associated Software from CDWG, Payment of Monthly Air Card Charges to Verizon, and Development ofthe Alarm and Certificate of Use Database by Homework, Inc., for the Building and Code Enforcement Departments, in a Total Amount Not to Exceed $71,000.00, 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 Building Official! Administrator Clayton Parker reported noting that this is Phase II for the implementation of the BlackBear/PTWin System. Public Speakers: none Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1177 was adopted by a voice vote of5-0 in favor. 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Budget Amendment to the Fiscal Year 2007/2008 Budget, in the Total Amount of $91,000.00, to Provide Funding for a Contract Code Enforcement Officer, and Phase II of the BlackBearlPTWin System; Providing the City Manager 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 Manager Szerlag reported, noting that he would like the City Commission to visit the Building and Code Enforcement Departments to see the great work that is being done there, now electronically. Public Speakers: none Commissioner Iglesias moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2007-1178 was adopted by a voice vote of 5-0 in favor. 12 Summary Minutes: Regular City Commission Meeting November IS, 2007 City of Sunny Isles Beach, Florida 101. A Resolution of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Enter into a 36-Month Lease Agreement with Xerox Corporation for Six (6) Copy/Scan Machines, for a Total Amount of$86,872.68, 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 Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title, and Information Technology Director Edel Fonseca reported, noting that the copiers for the Community Center are for approval only as we will not be paying for those until they are officially in the building. Public Speakers: none Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2007-1179 was adopted by a voice vote of 5-0 in favor. 10J. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving the First Addendum to the Agreement with Marlin Engineering, Inc. for Additional Services to Perform Subsurface Utility Exploration (SUE), and Replace the Existing Water Main Along the South Side of Sunny Isles Boulevard, in the Amount Not to Exceed $46,973.85, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Addendum to 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 Public Works Director Rick Conner reported. Public Speakers: none Vice Mayor Thaler asked if there will be a reimbursement of these monies, and Public Works Director Conner said no but this gets them committed to doing a lot of things that wouldn't have happened otherwise, and we won't have to pay for any of those, the undergrounding itself is going to be paid for by others and FPL will actually move forward on the project, so there are a lot of benefits for us, and this is the time to do them,. Commissioner Goodman asked who is doing the FPL undergrounding, and Mr. Conner said the developer on the south side has been working with them. Commissioner Iglesias moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2007-1180 was adopted by a voice vote of 5-0 in favor. 10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Second Amendment to the Agreement with Miller, Legg and Associates, for Construction Observation Services, Re-Grading of Site and 182nd Drive Revisions, Fireline Revisions and Field Drainage Evaluation Relating to the 181 st Drive Active Park Project, Based on an Hourly Rate and in a Total Amount Not to Exceed $80,000.00, as Outlined in Exhibit "A", Attached Hereto; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate Said Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Szerlag reported, noting that the new target date is March 2008 for completion. Public Speakers: none 13 Summary Minutes: Regular City Commission Meeting November 15,2007 City of Sunny Isles Beach, Florida Commissioner Goodman said the original cost was set, and it has been costing us more money constantly to finish the Park, and he would like a final figure on how much this project will cost, and City Manager Szerlag said there will be a final figure when the job is completed and a Certificate of Occupancy issued. Commissioner Iglesias moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2007-1181 was adopted by a voice vote of 5-0 in favor. 10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Purchase of a 37-Foot Bucket Truck and Safety Operator Training Classes from Altec Industries, Inc. Pursuant to a General Services Administration (GSA) Contract, in an Amount Not to Exceed $77,369.00 as Outlined in the Quote 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 Public Works Director Rick Conner reported noting that this is a bigger truck than we have had in the past. He indicated that this unit is about $800-$900 more expensive than the other bid but we get it about 4-5 months sooner, as we are renting one right now. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2007-1182 was adopted by a voice vote of 5-0 in favor. 10M. Add-on: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Naming 178th Street and Collins Avenue as "City Commissioner Danny Iglesias Street", Authorizing the City Manager to Expend Funds, in an Amount of up to $600.00, for the Installation of Street Signs and to Do All Other Things Necessary to Effectuate the Intent of this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: See Action in Item 5A.] Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2007-1169 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Discussion of the City's Liability Insurance and Recommendations Implemented from the Independent Consultant from Waters Risk Management. Action: City Manager Szerlag reported, noting that they went with the Waters Group's recommendations to change our policy to save some money because they felt that we were over insured in certain areas, and that effort brought us an annual savings of$76,000 per year 14 Summary Minutes: Regular City Commission Meeting November 15,2007 City of Sunny Isles Beach, Florida that Mr. Hollander was able to make effective to October 1,2007. City Manager Szerlag said everyone in the group that looked into this, City Attorney Ottinot, Assistant City Manager Doug Haag, Chief Maas, and Human Resources Director Tom Aquaro are management, they are not eligible for the $5,000 bonus that we gave to Victor Mercedes last month, however, he would like to take a portion ofthat savings and reinstate our Tuition Reimbursement Program for the employees that we put a moratorium on for budgetary reasons this year. Public Speakers: none Mayor Edelcup asked what portion, and City Manager Szerlag said between $20,000 and $25,000. Mayor Edelcup said it was a good suggestion, and it was the consensus of the Commission to go forward with it. 12B. Discussion/Presentation regarding Booogie on the Beach that took Place on October 26 & 27,2007. Action: Cultural and Human Services Director Susan Simpson reported noting that Administrative Services Director Alyce Hanson and Michael Tribby, Video Projection Specialist in IT, put in many hours in showcasing an event that all the Departments partake in and are very proud of, and presented a power-point on this great event. Public Speakers: none Mayor Edelcup, on behalf of the Commission, commended Cultural and Human Services Director Susan Simpson, Administrative Assistant to Director, Sylvia Flores, and staff noting that there have been a lot of compliments that the event gets better every year. IT Director Edel Fonseca, thanked Video Projection Specialist Mike Tribby for his dedication and hard work that he always provides, and presented him with the first muni- globe inscribed for artistic productions. Mayor Edelcup noted that the quality of Channel 77 has greatly increased since Mike got involved with it. 12C. Discussion of a Dog Park Pilot Project at Town Center Park. Action: City Manager Szerlag reported noting that he has been looking at possible options for a dog park, and one of the options that he wanted to discuss tonight was the western portion of Town Center Park, he had asked Public Works Director Rick Conner to come up with schematics and estimates to have a 6-9 month experiment for a dog park. He said if the Commission wants him to proceed then he would ask Assistant City Manager Jorge Vera and Public Works Director Conner to go out to bid for fencing and other material that would be required for the Park. He said that parking would be a problem, we have limited parking, he proposed that all the banks of parking that is currently adjacent to Town Center Park be reserved for Park patrons but we did get an indication from Jerry Starkman who owns the Rascal House, that we could for the short term have for free 17 spaces at the western end of the Rascal House service parking lot, anything after the construction of lnnd Street is over with, he would then want to negotiate a lease amount for those spaces. Public Speakers: Gloria Taft; Diane MacKendree 15 Summary Minutes: Regular City Commission Meeting November IS, 2007 City of Sunny Isles Beach, Florida Mayor Edelcup said that he feels that City Manager Szerlag has searched the City to see what sites are available and narrowed it down to this. Vice Mayor Thaler said in setting this up it must be kept away from the children's playground, and City Manager Szerlag said a fence will currently go just west of the existing sidewalk that would separate the kids from the dogs and dog patrons. Vice Mayor Thaler asked why it can't come in off from Collins Avenue and keep it away completely, there is a gate on Collins, and put the fence from that gate straight back rather than come in on the south side. Public Works Director Rick Conner said the intent is to isolate the children completely from the dogs and the dog handlers, and the proposal before the Commission tonight is to run a pathway from the SW comer of the existing Park as it is touching 172nd Street, move north along the mangroves, and that would access that teardrop that forms the western-most part of the Park, people could park just to the west, across the street, bringing the animal in beside the new restrooms, go north in a channel that would be isolated to them. Mayor Edelcup said then that parking is the main issue, the selection of coming from 172nd vs. Collins Avenue is because there would be no place to park a car on Collins, and Public Works Director Conner said not just the parking but they were concerned about trying to accumulate those animals on Collins A venue on a busy sidewalk, on a busy street, so they can then funnel themselves along that north side. He said it was discussed but safety issues led them to isolate them with the parking and enter the dog area directly. City Manager Szerlag also suggested that we gamer a list of volunteers perhaps from the folks who signed the petition to help police the area for us and even handle some complaints that we may get. Mayor Edelcup said the people walking their dogs would still have to use the pooper scooper, etc. Commissioner Goodman and Commissioner Brezin said they don't support a dog park. Commissioner Iglesias said the key word here is experimental, at least try somewhere and this is probably the most strategic one, and Mayor Edelcup agreed. Commissioner Goodman suggested having the experiment at Gwen Margolis Park where the horse and carriage is all the way to the north end of the Park, you have Atlantic Boulevard on one side and North Bay Road on the other side, there are two entrances and exits one on Atlantic Boulevard and one on North Bay Road, and there is nobody there now, and there are some parking spaces there, as well as at the church. City Manager Szerlag said if we go to Gwen Margolis Park we would have the same experiment parameters that we would have with Town Center Park, we would still want a gate there to separate kids from that area. It was the consensus of the Commission to have the experimental dog park at Gwen Margolis Park. City Manager Szerlag said in terms of hours of operation he would like to have that coordinated with Cultural and Human Services Director Susan Simpson because we don't want to take away any parking from organized activities. Mayor Edelcup said the horse and carriage would have to be moved. 12D. Add-On: A Request from RK Associates to Discuss the Uniform Sign Plan. Action: [City Clerk's Note: See action under Item 4A adding this to the agenda.) City Manager Szerlag reported that Arnold Shevlin indicated that he could not make it tonight but he did submit a letter to him asking for this to be discussed. He said he wrote RK Associates a letter in May 2007 indicating that there were four options available: 1) the Ordinance 16 Summary Minutes: Regular City Commission Meeting November 15,2007 City of Sunny Isles Beach, Florida requirements that we have could be conformed to; 2) a variance could be applied for from the requirements of the Ordinance; 3) the Commission could modifY the Ordinance upon request; or 4) the Ordinance could be ignored in which case appropriate Zoning violations actions would take effect, and what happened was Option No.4. He said Community Development Director Robert Solera issued notices of violation because some shopping centers are not in compliance with the uniform sign requirements, and he would like to still work with the principals, have them come back, pay the appropriate fees, it is up to the Commission if they wish to waive them or not at the hearing, and if they want to have a variance or modifY the Ordinance, that is their right, they can come to the Commission in December. He said he would advise suspending fines on this matter until it is brought to a formal hearing, if it is not brought to a formal hearing, fines will then continue. Public Speakers: none Vice Mayor Thaler said he doesn't understand why we would waive the fines, it took six years to put this requirement together, and Mr. Katz has had an opportunity to come and state his case. Mayor Edelcup said he would suggest to do it in reverse, if Mr. Katz wants to come in December and make a presentation to us and if the Commission were to approve whatever he asks for, then we can nullifY those fines, if we don't approve it than they retroactively go back to the date they were issued, and Commissioner Iglesias agreed. Mayor Edelcup said you can hold the fines in abeyance but they are accruing if he is not able to convince the Commission. 12E. Add-On: Discussion regarding Placing Bus Shelters on the Sidewalks. Action: Commissioner Goodman said that they are putting bus shelters on the sidewalk, aren't they supposed to put them in the 1 O-foot easement, and Assistant City Manager Vera said when we placed the bus shelters we didn't have the easement yet, we are waiting for some more bus shelters to come in, and then we will start relocating them back into that easement. City Manager Szerlag said that they will all go back into the easement, and that they will get a timeline together. Assistant City Manager Vera said the easements are being recorded. 12F. Add-On: Discussion regarding Art in Public Places. Action: [City Clerk's Note: Commissioner Brezin handed out a photo of a pelican statue.} Commissioner Brezin said they visited a firm called Auction Gallery of America in Key West, and as they walked in they saw a bronze pelican that stood 6-foot tall and they hoped to purchase it and place it in Pelican Park. She handed out a photo ofthe pelican, and noted that we would probably have to add a base to it. She said they approached a Mr. Steve, and he said it would be in the neighborhood of$5,000 which would include transporting it here. City Attorney Ottinot said that City Manager Szerlag has the photo and it is under $5,000 and that he will take charge of it and facilitate the purchase. 17 Summary Minutes: Regular City Commission Meeting November 15,2007 City of Sunny Isles Beach, Florida [City Clerk's Note: Commissioner Iglesias adjourned the meeting at 11:00 p.m., and then re-opened it to allow citizens to speak under Citizen's Forum.] 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. New Item: Raquel Mass, a business owner on Sunny Isles Boulevard [Beach Brokers Realty] for five years, asked the following: 1) how was it possible that the City started the job on Sunny Isles Boulevard before giving the business owners notice; 2) why did they start Phase II before Phase I; 3) why did they start during the high season; and 4) why wasn't the signage in place before beginning the job, as signage was in the wrong place and the name of her business was misspelled. She said a few months ago she saw an appraiser outside her business taking notes and she asked him what he was doing, and he said his firm was working for the City to determine the value of the structures on the south side of Sunny Isles Boulevard because they were interested in claiming eminent domain. She asked if that is true as it would result in losing their businesses, and additionally, after the hurricane their windows were blown in and they immediately put in wood so they wouldn't get vandalized and they got cited by the City because they didn't ask for a permit for the wood. Commissioner Iglesias said before we were a City that job was done by FDOT, and one of the ideas they have tried to do for many years was traffic calming in that area which is what the City is trying to achieve. He said FDOT gave $3 Million Dollars for improvements to that roadway, which he spent 3-4 years trying to obtain. He said the first invoice he approved for the project was in June 2007, and if that invoice wasn't in place in June, the City would have risked losing $l Million Dollars. He said construction phases take a long time, but once the project is done, we will have a nice entrance to the City with nice landscaping which will only embellish the businesses we have there. He said before we started, there was a delay due to a W ASA breakdown, the main waterline busted in that area, and there was 5-6 weeks that prohibited us from starting the project. He knows that the peak season is December 15 to March 15 which is the reason we wanted to start and get out of there before the peak season started but unfortunately we had the breakdown, but they should be out of there by January 15, 2008 on that portion. City Manager Szerlag noted that the waterline break was a four-month delay. Community Development Director Robert Solera said that his department was asked by Public Works Department and the Contractor to some way be able to enhance the notification that was going to be given to the property owners/property business owners in that location. He stated that two notices were issued, one on October 8, 2007 and the other October 22, 2007, which were hand delivered but they only got signatures on the second notice. Ms. Mass said she received notice on October 22, 2007, which was not enough time as it was the same day they started the project and her business was barricaded. Mayor Edelcup said this Commission wanted to make sure that there was plenty of public notice when this project was going to get started, and he feels that the City could have done more to notify the businesses well in advance of when this was going to take place, we didn't, we apologize for that on behalf of the City but the fact remains that the project is already started. He said that access is being provided at three different locations along that barrier section as well as the entire backside of the property is open and available. He said 18 Summary Minutes: Regular City Commission Meeting November 15,2007 City of Sunny Isles Beach, Florida whenever we started there would always be an inconvenience, and again if the watermain hadn't broken when it did we would have gotten started sooner. He said that we still would have been interfering with your business for part of the year perhaps not in your high season, but the events have played themselves out to where they are today and there is not much that we can do about it today other than try to work with you and the other businesses there to get the project done as quickly as possible, to make sure that the openings remain there and there is enough signage, correctly printed, for each of the businesses so that we can only attempt to mitigate some of your problems, but unfortunately the problem won't go away until the project is completed. Ms. Mass said that the City can help financially because of the City's oversight, why doesn't the City walk up and down the Boulevard to see what is going on there. Mayor Edelcup said that staff did go out there and found the problem, we should have gone out there sooner, you would have known about it sooner but it wouldn't have changed the facts. Community Development Director Solera said that notifications didn't go out until October 8, 2007 because the project was not going to be starting as we had delays with the watermain break and some other inspector issues which did not allow for notification to take place until we were certain that the project was going to start, which started on October 22, 2007. Commissioner Iglesias said if we would have started the project on the south side, then on January 15 we would have to move to the north side and that would really hit your season because we can't stop the project, so the idea was to begin the project in June and be out of there in October or November but because of the watermain break it delayed it. He said we will try to help you as much as we can, first we need to see what we can do to speed construction and get out ofthere so we can move to the south side so your businesses don't get impacted as much as they are doing right now, and he proposes whatever needs to be done by the City Manager, maybe look at working a double shift, and Ms. Mass said there are only 2 or 3 people working at one time. City Manager Szerlag said that he had asked our Construction Manager Shahin Hekmat, P.E., to try to expedite the work on the north side of Sunny Isles Boulevard and we were looking at tightening the timeframes between the phases and see what the cost would be to have the crews come in and work after hours. Leon, owner of Amazing Flowers, 227 Sunny Isles Boulevard, asked the City to help financially, and Ms. Mass asked if the City could place in the correct signage with directions to their businesses if they pass it and go through the loop. Mayor Ede1cup said on behalf of the Commission that they want staff to work as closely as possible with the business owners on Sunny Isles Boulevard to make their inconvenience as small as they can possibly make it for a shorter period oftime. Ms. Mass said they were told if they put up any signs or banners to help show where the entrance is, they will be cited, and Community Development Director Solera said he told the business owners that as soon as the signs were placed by the City locating their businesses as to where they were and how to get to them, he asked them to remove those signs because they were not in accordance with the Code but he understood that signs should have been out there before the project started, but they have had illegal signs out there for the past three weeks or more and he has not cited anyone of those businesses because of that reason. Ms. Mass asked about eminent domain if it is true, and Mayor Edelcup said that the City is always looking for sites for additional parking and park land for the southern part of our City 19 Summary Minutes: Regular City Commission Meeting November 15,2007 City of Sunny Isles Beach, Florida and we have appraisers out there looking at all parts of the City. He said that there is a workshop scheduled in December [December 6,2007 at 12: 15 p.m.] to discuss it further, but over a year ago we announced to the public that part ofthe area that we were considering for future parking could be on the north side of Sunny Isles Boulevard, so that is a portion ofthe City that is in consideration although no permanent decision has been made yet. Vice Mayor Thaler said the one word that is being left out of here is coordination, and that is what is being asked for here, and the City should coordinate with all the stores that are there and coordinate both the signs and the timing and explain to them that most all of this is out of our control. Commissioner Iglesias said that there should be a key phone number that can be the trouble shooter for any questions the public may have. City Manager Szerlag said that Public Works has an email contact with many of the property owners and renters along Sunny Isles Boulevard and there are continual updates. He said that he also mentioned to Assistant City Manager Vera and Public Works Director Conner that we would like an article in the Sunny Isles Beach Community Newspaper called "Construction Zone Update" and every two weeks when the newspaper comes out there will be an update about what is going on throughout the City. He said they would meet with property owners periodically, through the email system and handouts to let people know the status of all our projects. Construction Manager Shahin Hekmat said the schedule bid by the contractor was for 300 days of construction time and noted that the job was phased in four phases. He said the first phase was supposed to be on the south side however we had a problem with FPL, as we are trying to underground overhead lines and FPL has not finished designing the project so we couldn't start on the south side. He said that they also contacted the City of North Miami Beach regarding a portion of their watermain that has to be replaced, and that is one of the items that the Commission approved tonight for Marlin Engineering to design that portion of the watermain. He said then that there were a number of things that prohibited the start of the project on the south side, as well as the problems with W ASA and the construction out there, for approximately four months. As a result, we could not give notice to proceed to the contractor, which delayed the project and that is where we are today. He said that we are sorry about not noticing in time, we felt that we had the notices out there, we had signs on the west side ofthe bridge notifying the traffic that there is going to be construction starting. He said as far as trying to expedite this project, we have worked with the contractor, and there is the issue of the light poles that we have ordered as the average time for delivery is anywhere between 12-16 weeks, and after talking to the Contractor he has managed to cut that down to about 8 weeks away which will put us somewhere in the middle of January to complete most of the work on the north side and then move to the south side. He said that they are still working with the contractor to see if we can expedite other issues such as the electrical, irrigation, landscaping, etc. and hopefully we can move the project faster than we expected. Brian Garcia, owner of Reel Bait and Tackle, 229 Sunny Isles Boulevard, stated that you said earlier the reason you started the project was because you were going to lose free money that the City was getting, and that the City should help them financially, as the City started the project overnight, the barrier was up and he couldn't get to his business. Commissioner Iglesias said it is federal money that has to be used for construction projects, and the project did not start overnight, the first time the traffic calming project was brought up was in 1998 20 Summary Minutes: Regular City Commission Meeting November 15,2007 City of Sunny Isles Beach, Florida in a public workshop, it was included in the 5-year work program. Mayor Edelcup said that we can't give them financial aid because we can't use public money for private purposes. Ruben Perez, owner of Ruby J's Restaurant at 239 Sunny Isles Boulevard, read a letter into the record that the project has greatly impacted his business, the project notice distributed on October 22 states that it would be a minor inconvenience when in reality it has become a major disruption to his business, the concrete barrier wall, heavy machinery, construction of sidewalks and pavements along with dust and debris prohibits entrance into their businesses. He said that no suitable signs have been posted and his business that he has owned for over five years is on the brink of going out of business due to poor City planning and lack of notification. Before he signed his new lease this past spring, he asked his landlord if there were any construction projects in the area and he said he had not heard of anything. He also asked the City if there were any projects and was told no, not that they have heard of. He invested another $125,000 into his business remodeling it and getting new staff and had the grand opening scheduled on October 25, the first week of opening was a nightmare, he had plumbing issues from clogged sewer lines, electrical power failures, phone calls from customers who could not find the restaurant, and confusion about the lack of detour signs, which resulted in lack of revenue, and he is now asking for the City to compensate for loss of revenues. What legal requirements does the City have to give notification when a project of this magnitude begins? City Attorney Ottinot said under our Code there is no legal requirement to give notice to a business, nevertheless there is a protocol to give notice to the landlord first, and to the business, that process was in place and obviously there was a misstep but the City Manager and the City Commission has indicated that they want to work with the business owners to make sure everything works out in the future. He stated that there is no legal requirement if the City intends to do any work in the right-of-way, to provide notice to adjacent property owners or businesses, nevertheless, this City has provided notice where a notice was adequate. Commissioner Iglesias said for the legal part you may be right but he remembers when Marlin Engineering and Calvin Giordano were working on the actual plans, and we had meetings with Raanan Katz, with the south side, with property owners at the time to interject where those driveway entrances were going to be, and property owners at that time in 2002 were notified, and to say that this is a surprise is a surprise to us. Commissioner Iglesias said there will be some periods during Christmas and Thanksgiving that there is really no work, perhaps we can accommodate maybe some driveway entrances as long as we don't jeopardize the safety of the motorists, that they have entrances to the businesses in some of the areas where it can be done, and certainly the signage for both front and back. Mr. Perez asked what options are available to provide aid for the business owners that are suffering right now? Commissioner Iglesias said for financial aid, no we cannot use public funds for private entities, but as far as working with the business owners, and giving better information, better signage, removing barricades when not needed in the peak where you shut down because of the season, all that can be accommodated, and Mr. Perez said as far as volume of workers there can be increased, working on longer days, there really hasn't been a lot of activity going on there. Commissioner Iglesias said if it is a utility relocation it is not us, the utility companies we have to push to get out of the way because we have DERM, Water and Sewer, Dade County, FPL, they also have their schedules. 21 Summary Minutes: Regular City Commission Meeting November 15,2007 City of Sunny Isles Beach, Florida 13B. New Item: Roberto Rodriguez, Board President for LaPerla Community, thanked the City Manager, Police Chief, and the Assistant City Manager, and Community Development Director Robert Solera, as we had a very productive meeting, and on behalf of LaPerla, we want to say that hopefully this is the beginning of a wonderful partnership because we have a tremendous site there that can benefit both of us, and whatever they can do to improve that area they are willing to do. Be. New Item: Dr. Kalman Baruch, Vice President of Ocean IV Condominium Association, said it was very interesting to see that the Commission gave an extension for the DaVinci project, the word on the street was that that project was defunct and the City was going to put a nice park in that small area. He said it is interesting to note how small of an area it is where it seems to be wedged in between Ocean IV and Jade. He asked that the Commission look into that small area where they are putting in a 40-story project, it seems to be so close to their condos, and they are very concerned about how that site plan is utilized, and he would hope that during this three-month grace period maybe the Commission will take another look at this facility and see what the impact is going to be in this narrow stretch of land. Mayor Ede1cup said that there are 7 or 8 pieces of land along the ocean that were called the lOa-foot lots and that was one ofthem that were grandfathered in to have the opportunity to build an as-of-right project, and for the City to try to acquire that land, if we would have done it in 1998 when we acquired Samson Park that would have been one thing but we couldn't acquire all of them at the time. Dr. Baruch said he would hope that after the three-month period is over that we can end that upcoming project, and Mayor Edelcup said we will see where we are at in three months. Dr. Baruch said he seriously doubts if that attorney has a bona fide 50 condos already sold, he can guarantee you in this economic crisis ifhe does in fact have 50 signatures that at least 25-30 will not close. Dr. Baruch also noted that the pelican that Commissioner Brezin mentioned [see action in Item 12D] is a gorgeous pelican as he had one delivered to him two years ago in Savannah, Georgia, however, he got it for $3,500 including shipping, and they started out at $8,500, so if the Commission can give him one week he thinks he can get it for that same price. 14. ADJOURNMENT Mayor Edelcup adjourned the meeting at 12:00 midnight. Respectfull,y ,S.~~~i~~e~ by: '. ' ~. ~l'" "'" Jane ~'. Hines, C .~..G,_ City Clerk ;. ~ t., \ - - -. -'". . ;; Ap roved by the City Commission on Dec. 13,2007 , " '"I .. I , , .,,., ' i( 22