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HomeMy WebLinkAbout2006 0720 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, July 20,2006, 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 Roslyn Brezin Commissioner Gerry Goodman (via conference call) Commissioner Danny Iglesias Commissioner Lewis J. Thaler . i City Manager A. John Szerlag City Attorney Hans Ottinot City Clerk Jane A. Hines, CMC Assistant City Manager Jorge Vera Patricia Saint Vii-Joseph, Deputy City Attorney 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Commissioner Iglesias' children Marcello and Andrea 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 - June 15, 2006. Action: Commissioner Thaler moved and Vice Mayor Brezin seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5- o in favor. 3B. Special City Commission Meeting - July 6, 2006. Action: Vice Mayor Brezin moved and Commissioner Thaler 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: Backup Information was distributed pertaining to Items 10F, lOR, 12B and 12C. Summary Minutes: Regular City Commission Meeting July 20, 2006 City of Sunny Isles Beach, Florida Action: Mayor Edelcup noted that additional backup information was distributed before the meeting: Item 10F, photo of a Master Meter; Item lOR, correspondence regarding the appraisal on St. Tropez; Item 12B, photos of ornamental lighting; and Item 12C a Fact- Finding Report on the City's 10th Anniversary Celebration taking place in June 2007. S. SA. SPECIAL PRESENT A TIONS I I A Proclamation to be Presented by Mayor Norman S. Edelcup Declaring September 2006 as Life Insurance Awareness Month in the City of Sunny Isles Beach. Action: Mayor Edelcup presented a Proclamation proclaiming September 2006, as "Life Insurance Awareness Month" in the City of Sunny Isles Beach. City Clerk Hines will mail the proclamation. SB. Presentation by the Miami-Dade County School Board of a Sketch of the Proposed K-8 School in Sunny Isles Beach. Action: Michael Krtausch, Executive Director, Project Management, Miami-Dade County Public Schools/School Board introduced his team, and he requested a slight delay as they were not quite ready. [City Clerk's Note: Items 6A and lOR were heard before this item.} Public Speakers: Michael Krtausch; Jim Cohen, Architect; Anthony Cohen, Architect; Bob Welsh Jim Cohen, Architect, presented a power-point presentation of the proposed K-8 School in Sunny Isles Beach, noting that the site is located at 183rd Street on the north and North Bay Road and Atlantic Boulevard, and is across the street from the new proposed Park located between 182nd and 181 st Streets. He said they are proposing to make the street that bisects the site between the school and the Park [182nd Drive] as a private drive to be used as a drop- off area, and that the Park facility, the main gymnasium basketball court, ball field, and playground area be available to the school for use. Mr. Cohen said the program that they can fit on the site is very limited, and as a result, it is becoming a more vertical building. Mr. Cohen noted that there will be three levels of parking and that they are projecting about 140 parking spaces. Mayor Edelcup asked in reference to the 140 parking spaces, what the complement of the faculty and the administrative staff that will be there, and Mr. Cohen said that the faculty number is about 130. He said there is a code requirement for one spot per 150 students, and noted that there are about 24 spaces that are parallel parking on the Park itself, which would bring the number to about 160 parking spaces on site. Mayor Edelcup asked about the ability to have an auditorium that would be available for the comr,nunity in the evenings, how that is fitting into this site, and what size room would be available for the students during the day and for residents at night for cultural events. Mr. Cohen said he has worked with a program that is the typical Cafetorium [combined cafeteria and auditorium] for K-8, and they serve about 500, the space does have the per centum and a stage, the occupant count is not available yet. Mayor Edelcup asked if it could be set up in the evenings if we wanted to use it for cultural events, and Mr. Cohen said that they need to 2 Summary Minutes: Regular City Commission Meeting July 20, 2006 City of Sunny Isles Beach, Florida accommodate the school band, etc., it doubles for other uses. Mayor Edelcup said that it is an important aspect to the City because we were willing to make the cash contribution to buy the land, we were not only going to get a benefit for our children but get a benefit for the adults who lives in our community as well. Michael Krtausch with the School Board said that City Attorney Ottinot is working with their staff to develop a Interlocal Agreement and it will include joint use of the Park as well as the school, and he knows that the City will want to use the parking garage as well, and that will be worked out. City Attorney Ottinot said that he will be sure to outline those issues in the Interlocal Agreement. Mr. Cohen said because it goes from a cafeteria to an auditorium it has built-in flexibility so there are acoustical and structural concerns, that they don't have columns that would block the view to the stage, and in order for it to function properly, it needs to have a great deal of flexibility. Anthony Cohen, Architect, said it is a 5,400 square foot space which will serve 500-600 persons, in that area there is going to be a stage with a 30-foot per centum opening, 18-feet high, and 23-feet deep, which is a typical average size auditorium. He said it will have an acoustical consultant to adequately address the cafetorium space so it will perform well for performance functions, and it will have the required lighting, rigging, sound systems, and everything that would be needed to make it into a performance space. He said the only difference is it does not have fixed seating. He stated in addition to that space there are also two other performance spaces on the campus: the music classroom which is a 1,900 square foot space with steps; and there is a black box theater which is a 1,200 to 1,300 square foot space for small performances, and it also receives a complete light rigging set-up, sound system, control room, etc. Bob Welsh, Chairman of the Education and Schools Committee, asked if the 18-foot high cafetorium is from floor to ceiling or from stage height to ceiling, and Mr. Cohen said the stage is elevated three-feet off the floor because it is a flat floor, and the per centum is 18- feet from the level of the stage up. Mayor Edelcup thanked everyone, and recognized Dr. Martin Karp, Miami-Dade County School Board, for all his efforts in making this happen. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of St. Tropez II, LLC, Owner of the Property Located at 16690 Collins Avenue, for the Following: (Hearing #Z2006-05) 1. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations the Applicant is requesting approval of zero (0) square feet and seventeen (17) units from the City's Transfer of Development Rights Bank ("Bank"). (An adjustment to be made for a decrease of 32,759 sq. ft. and seventeen (17) units from the City's Transfer Development Rights Bank). 2. Modification of condition #2 previously approved under Resolution No. 05-Z-95 passed and adopted by the City Commission on September 22, 2005 reading as follows: From: Plans are on file and may be examined in the Planning and Zoning Department entitled "St. Tropez on the Bay", prepared by Kobi Karp Architecture & Interior Design, consisting of 17 sheets dated received 8-01-05 and plans entitled "Boundary Survey", 3 r r Summary Minutes: Regular City Commission Meeting July 20. 2006 City of Sunny Isles Beach, Florida I , prepared by Fortin, Leavy, Skiles, Inc., dated stamped received 8-01-05 and plans entitled "Paving and Drainage, Water and Sewer plans and details", consisting of 5 sheets prepared by Marlin Engineering dated 8-0 I -05 plans entitled "Sign and Paving Markings", consisting of 4 sheets prepared by Marlin Engineering dated revised 8-04-05 and plans entitled "Lighting and Landscape", consisting of 4 sheets, prepared by EGS2 Corp dated 8-01-05. Plans may be modified at public hearing To: That the project shall be developed substantially in accordance with the plan submitted for public hearing for "St. Tropez II, LLC" and are on file in the Planning and Zoning Department entitled "St. Tropez-Phase II", prepared by Kobi Karp Architecture & Interior Design, consisting of 15 sheets dated received 5-15-06 and plans entitled "Boundary Survey", consisting of3 sheets prepared by Fortin, Leavy, Skiles, Inc., dated stamped received 5-15-06 plans entitled "Paving and Drainage Plan Details", consisting of 2 sheets "Water and Sewer Plan Details", consisting of 4 sheets and "Signing and Pavement Markings Details", consisting on sheets prepared by Marlin Engineering dated revised 5-15-06 and plans entitled "Lighting and Landscape", consisting of 6 sheets, prepared by EGS2 Corp dated 5- 15-06, together with plans approved under Resolution Number 05-Z-95. All plans and conditions approved under Resolution No. 05-Z-95 shall remain in effect as otherwise modified in this resolution. 3. Variance of Section 265-37 requiring the penthouse portion of the building to setback zero (0') feet from the tower (20 feet required). Protests 0 Waivers 0 Ex Parte 0 - Action: Mayor Edelcup gave opening remarks on zoning procedures/decorum and City Clerk Hines read a disclaimer for the Zoning hearing, and read the applicant's name, hearing number, location and administered the oath to the witnesses for the Zoning hearing. Planning and Zoning Technician Elena Del Campillo reported. Public Speakers: Clifford Schulman, Esq.; Kobi Karp, Architect; Ed Castineira, Architect; Joe Milton; Luis Mersabe, Traffic Engineer, Thomas Kline; Teresa Lewis; Mercedes Cantrell; Christopher Humberstone; Bob Welsh Clifford Schulman, Esq., representing the applicant asked if companion Item lOR can be heard after this item, and the Commission agreed. Mr. Schulman reported that this is the 4th building on the beginning of the Town Center. He noted that they have been able to acquire another piece of property on the corner of Sunny Isles Boulevard south and Collins Avenue (the Miami Subs property) that will round out the development that the Commission has already approved which is St. Tropez I and is now under construction. He said they are asking for site plan approval to finish up this particular portion of the Town Center which encompasses 78 new units that were not previously approved. He said they are asking for a TDR transfer of 17 dwelling units but no additional square footage, and the penthouse variance is the same exact variance that was required to make St. Tropez I happen. Kobi Karp, Architect, presented renderings of the project, and noted a walkway to the rear of the property along the waterway with full public access and a plaza. Ed Castineira, Architect, said that this project has timeless beauty and this second phase ties in well and becomes part of the overall vision, and described the project in detail. Mr. Schulman noted the expenditures that go into this kind of architectnral detail and fa>ade on both north (Sunny Isles Boulevard) 4 Summary Minutes: Regular City Commission Meeting July 20, 2006 City of Sunny Isles Beach, Florida and south (baywalk) sides, of about a $9 Million investment by the developer. Mr. Schulman said that the City has a parcel on Sunny Isles Boulevard that needs attention, the pump station on the south side of Town Center, and that he worked out a condition with staff that they would voluntarily agree to. He noted that Joe Milton also owns the sales site for Sayan which is directly adjacent to the sewage pump station, and is in the process of acquiring the Colonial Bank building. He said that they want to work with staff to build a fayade around the sewage pump station that makes it blend into the St. Tropez project and to that end they have submitted to the City Attorney and to staff their willingness to participate with the City. He said that Joe Milton and Associates would agree to design and build a fayade around that center that would meet with the City's architectural approval and that of Miami-Dade Water and Sewer Department, they would participate up to a certain amount of money, and build it for the City to match the architectural design of St. Tropez I and St. Tropez II. Mr. Schulman also said that they meet all the requirements of Code for the handicapped accessibility, and they have agreed to provide two additional handicapped spaces for this particular portion of the project. Vice Mayor Brezin asked how wide the walkway along the waterway is because she is concerned about the safety of someone walking along that area. Mr. Schulman said that this is a very narrow piece of property and noted that they have an entrance to the site through St. Tropez I to the walkway and as it goes further to the east, it narrows but not significantly. He said that they are also concerned about people's safety because they hold the liability in that regard. Kobi Karp described the plaza and noted an area of about IS-feet by IS-feet of accessible area to the promenade, the promenade is 7-feet 4-inches and it widens out to approximately 30-feet as it goes westerly, and there is a plaza on Collins Avenue. Vice Mayor Brezin asked if there will be some kind of fencing along the area where it is 7-feet as a protective measure. Joe Milton said that they can put a railing in the areas that are narrow. Vice Mayor Brezin said that she is concerned about that particular building because ofthe east side of that property and that the west side is facing Collins Avenue, and she would like to feel that it is a part and parcel of the west side and asked how they are going to beautify that particular area since that is part of our main walkway. Mr. Schulman said as you are standing on the corner of Sunny Isles Boulevard and Collins A venue and you look to the east, what you see is the overpass, you look past the overpass and you see on the east side an eight-foot plain white wall right on the property line. He said what we want is pedestrian friendly places where people can walk, and what they have tried to do is get rid of the walling effect to bring people to the streetscape, to move them from the south side of Sunny Isles Boulevard around that corner, that they have a pleasing pedestrian experience with landscaping. Commissioner Thaler asked for a breakdown on the traffic problem that he believes we are looking to create at the entrance to this building. He said we are talking about having the entrance to this building on Collins Avenue, the traffic is going to come down Sunny Isles Boulevard, make the turn, pull into the driveway, and at the same time traffic is going to come down Collins A venue and people will be backing up at that entrance. He said valet would not clear the traffic, and now we are creating another exit and entrance at the beginning of Collins A venue. Mr. Schulman said that their original plan did not have an entrance off Collins A venue, it had it off Sunny Isles Boulevard, but that was rejected by FDOT because of its 5 Summary Minutes: Regular City Commission Meeting July 20, 2006 City of Sunny Isles Beach, Florida proximity to St. Tropez I, it was also rejected by staff, keeping in mind this particular building only has 78 dwelling units in it. He said the remainder ofthe 283 units which is St. Tropez I, is entering off Sunny Isles Boulevard in its central court area. He said what you are basically dealing with on Collins A venue is 78 units, and what impact they would have. He said FDOT and staff both reviewed that and basically said it would work, and that there is 24/7 valet parking. Kobi Karp said the entry and exit to this building is not actually on Collins Avenue, that it is a drop-off and it is for emergency vehicles only. He said the daily traffic makes a right into the garage where it is at St. Tropez that they previously designed and a right out. He said the people in this building are going to enter into the already approved entrance to the garages on Sunny Isles Boulevard, and it is set back over ISO-feet from Collins Avenue. He said both FDOT and their staff and engineers liked that because most of the vehicles go on Sunny Isles Boulevard where they already enter St. Tropez. He said there is one drop-off area on Collins A venue where the bridge ramps up, and they opened up the drop-off area and made it into an open public plaza which will let you see the waterway. He said the drop-off is only for emergency vehicles and/or somebody that comes in and does not enter the garage. He said that is why FDOT, their Traffic Engineer, the City's Traffic Engineers, and City staff all liked this solution. He noted that they also liked this addition which then became the elbow that connects pedestrian-wise Sunny Isles Boulevard with Collins A venue with the promenade along the water because the vehicular traffic stays on Sunny Isles Boulevard back westerly. Commissioner Thaler said that he feels that Mr. Karp was playing down the amount of traffic that is going to be in this building. He said people coming down Collins Avenue will go down to Sunny Isles Boulevard and then come around to park their car, and they are not going to pull up and give it to a valet off from Collins A venue, he said he thinks they are missing something. Joe Milton said that Commissioner Thaler is right, there is something missing, there is no valet at that location. Mr. Milton said the only reason there is a drop-off there is that it is a requirement for Fire to have a drop-off in case of an emergency to take somebody out ofthe building. He said this is not a valet station, that there is some minimal self-parking, there is no stacking, the traffic report that was agreed to by their Traffic Engineer, and the City's specifically said there could be no valet here. Mayor Edelcup asked if the main entrance for this garage is on Sunny Isles Boulevard, and Mr. Milton said yes, and that the garage is the entire 2nd, 3rd, and 4th floors, it is connected to the entire length ofthis property, and has excessive parking by 44 spaces. Mr. Schulman said that the access is the existing driveway point further west on Sunny Isles Boulevard that accesses St. Tropez I, and what they have done is a roundabout where it accesses St. Tropez II. He said if you are coming south on Collins Avenue to get into the building, you will take the business loop and loop around to go eastbound on Sunny Isles Boulevard in order to get into the parking garage. Mayor Edelcup said that is true for St. Tropez I, and Mr. Milton said that is true on the first three towers. Commissioner Iglesias said there is a stop condition as you have the light, and most engineers will tell you, you would rather put it past the light to serve as a stop condition not before as the case here. Commissioner Goodman asked if all the garages are attached and if you would be able to go in and out from either St. Tropez I or II through the garages. Mr. Milton said yes, the garage 6 Summary Minutes: Regular City Commission Meeting July 20,2006 City of Sunny Isles Beach, Florida is completely connected for the entire 850-feet. Commissioner Goodman asked ifSt. Tropez II has a loading zone, and Mr. Milton said the loading zone is shared with the first phase noting that there is sufficient loading in that area to satisfy the requirements of these 78 units through the same entry that was approved on Sunny Isles Boulevard. Mayor Edelcup said on Collins A venue where that drop-off point is, currently the Metro Bus Systems stops all their buses there, and asked if they have made any arrangements or can they work with Metro Dade to maybe move that bus stop further south so it wouldn't interfere with the drop-off point. Luis Mersabe, Traffic Engineer with Marlin Engineering, said he knows there are several bus routes on Collins A venue and these bus stops could be considered in the permit for DOT to act upon. He said the County will be contacted to suggest any further relocation ofthe bus stop. Mayor Edelcup said that problem is the "H" bus that comes around the corner and stops right on that corner, and the "S" bus is a double-length bus which stops on that corner, and both of these routes use that as a temporary stopping point when they are running ahead of schedule. Mr. Schulman said they would work on it with the City as they would like to get rid of it as well. I I I I I I , I Vice Mayor Brezin asked if there was sufficient parking for those who are patronizing the shops. Mr. Schulman said that they provided for that in the excess parking and the one thing that you can't do in a building like this is when you are trying to rent spaces to people not provide the retail vendors with adequate parking, and so it is almost self enforcing over and above the Code. Commissioner Iglesias said that for many years this Commission has been trying to make Sunny Isles Boulevard safer, and three years ago he was fortunate to persuade the Department of Transportation (DOT) to give $3 Million in their coffer which was scheduled in the year 2010. He said during the last year and a half, this Commission has been very active in trying to get Sunny Isles Boulevard improved, as it is the gateway to the City. He said it is with great joy that he tells us today that FDOT has recently moved $2 Million in the present year and $1 Million for next year. He said in this case you are tearing up to put that main line on Sunny Isles Boulevard, right now DOT has $2 Million in the coffer as well as the $1 Million, he knows that it will probably take until 2008 to finish this job. Commissioner Iglesias suggested instead of us having to pay for it right now, DOT is willing to do a Local Fund Reimbursement, and the Program Director of that section said you can count on one hand how many of these DOT does. He said right now the best thing to do is have the developer or contractor do what the City has been working on for the last couple of years to include that roadway work and the City would reimburse you. He said he doesn't believe it is in the best interest of the public and certainly not for the driver that you go in there, and you have already asked for a permit from DOT to do that main line, and you are going to ask again because you are going to be working in the right-of-way. He suggested that they should include and maybe work with staff and the City Attorney to try and get a JP A going so we can do this all at once. He suggested doing the dirty work first, the pipes, the undergrounding, the junction box, the sidewalk rough the concrete, and save the landscaping and the break pavers for the very end. He said there is a meeting here on August 8, 2006, the consultants can come up with a plan so we can get this thing going now so we won't have to do it over twice. Mr. Milton said they can do that, and asked Commissioner Iglesias if he said to meet on August 8, 2006, and Commissioner Iglesias said August 8, meet with their consultant, the DOT's consultant who 7 Summary Minutes: Regular City Commission Meeting July 20, 2006 City of Sunny Isles Beach, Florida did the plan (which Commissioner Iglesias has), Marlin Engineering set up a meeting with staff and he was told it was August 8, 2006. Mayor Edelcup asked City Manager Szerlag ifhe is back in town by that date and he said yes, that this is the first time he has heard about it, and Commissioner Iglesias said he was told today by DOT's consultant. After public comment, Mayor Edelcup stated that St. Tropez I was approved for a specific piece of property and it is not being modified as it relates to that piece of property. He said this modification is on a separate piece of property that was not part of the property that was presented to the Commission when St. Tropez I was reviewed and received Site Plan approval. He said Mr. Milton acquired that property subsequently, and as a property owner he has a right to develop that property irrespective of what approvals the Commission may have given on St. Tropez I. He said that there will probably be more towers since Mr. Milton is in the process of acquiring other pieces of property along that same avenue. He said the only reason he would have for acquiring those would be to come before the Commission at a future date to present other towers on another separate piece of property which could again be quoted as an amendment as tonight is considered an amendment, treat them as separate Site Plan Reviews even though we may have lumped them together as one particular project. Mayor Edelcup said to keep in mind of what was on Sunny Isles Boulevard before and how that was a detriment to this City and certainly nothing that we could be proud of to see the old 30-40 year old dilapidated one and two-story buildings that were in various states of disrepair on Collins A venue. He stated that there still are a couple of those buildings along that Avenue, which he is hoping Mr. Milton or other developers will acquire. He said we should be encouraging people to work with the City to make it a better City for all of us, and he thinks that this developer has demonstrated by some other proffers that he has made tonight that he is not just looking out for his particular property, although some of the things he is doing may benefit his property, it is also benefiting the City and by benefiting the City it is benefiting everybody in this room. He further stated that to build a fayade around the water sewage treatment plant is not a requirement that had to be done to build this project, but yet Mr. Milton stepped up to the plate and has volunteered to do that. He said the City is cognizant of what is supposed to be best for our people, and our staff is working diligently with this developer and any other developers to see what improvements can be obtained for the entire City, not only for a particular site, but what makes Sunny Isles Beach a better City for all of its residents. Vice Mayor Brezin asked City Attorney Ottinot about the walkway that was addressed, the waterfront fence, that is private property as Mr. Milton indicated, could they at their own discretion at any time close that to the public. City Attorney Ottinot said that the baywalk access is similar to our beach access, it is a permanent easement that the City will publicly utilize unless this Commission removes that. Commissioner Thaler said that he would like it written in that it is only a drop-off and it can never have valet put into the front entrance to that building on Collins A venue. Commissioner Goodman said that it cannot ever be used as a loading zone either. City Attorney Ottinot noted for the record that there were some conditions added: 1) the developer agreed to provide two additional handicapped parking spaces; 2) the developer 8 Summary Minutes: Regular City Commission Meeting July 20, 2006 City of Sunny Isles Beach, Florida agreed to design and construct the fayade at the water facility; 3) the developer is required to seek approval from Miami-Dade County Shoreline Committee; 4) the developer agreed to a barrier (baywalk access), subj ect to approval by staff; 5) no valet requirement for the entrance on Collins A venue and no loading zone; 6) the developer has agreed to work with the Miami- Dade County Bus System to see if they can move the bus stop; and 7) the developer has agreed to work with the City regarding Commission Iglesias' comment on DOT funds. Commissioner Iglesias moved and Commissioner Thaler seconded a motion for approval as amended, subject to staff conditions. Resolution No. 06-Z-101 was approved by a roll call vote of 5-0 in favor. V ote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin yes Mayor Edelcup yes [City Clerk's Note: Companion Item lOR was heard after this item.] 6B. Request of Regalia, LLC, Owner ofthe Property Located at 19505 Collins Avenue, for the Following: (Hearing #Z2006-07) 1. Modification of condition #3 previously approved under Resolution No. 03-Z-75, passed and adopted on July 17,2003 reading as follows: From: Plans are on file and may be examined in the Zoning Department entitled "Regalia", prepared by The Sieger Suarez Architectural Partnership consisting of 26 sheets dated revised 4/04/03 and plan entitled "Conceptual Paving, Drainage, Water and Sewer Plan", prepared by Fortin, Leavy, Skiles, Inc., consisting of one sheet date signed 4/07/03, plan entitled "Existing Driveway Location", prepared by Fortin, Leavy, Skiles, Inc., dated 2/13/03. Plans may be modified at public hearing. To: That the project shall be develop substantially in accordance with the plans submitted for public hearing for "Regalia, LLC" and are on file in the Planning and Zoning Department entitled "Regalia" prepared by Arquitectonica consisting of 11 sheets dated stamped received 06-21-06 and plans entitled "Boundary Survey" consisting of 4 sheets prepared by "Fortin Leavy, Skiles, Inc"., dated stamped received 06-21-06. All plans and conditions approved under Resolution No. 03-Z-75 shall remain in full effect as otherwise modified in this resolution. 2. Repeal of Resolution No. 2006-890, passed and adopted by the City Commission on February 16, 2006. Protests 0 Waivers 0 Ex Parte ~ Action: Mayor Edelcup gave opening remarks on zoning procedures/decorum and City Clerk Hines read a disclaimer for the Zoning hearing, and read the applicant's name, hearing number, location and administered the oath to the witnesses for the Zoning hearing. Planning and Zoning Technician Elena Del Campillo reported and recommended repealing Resolution No. 2006-890, and approval of this application with staff conditions. 9 Summary Minutes: Regular City Commission Meeting July 20, 2006 City of Sunny Isles Beach, Florida Public Speakers: Stanley Price, Esq.; Paul Murphy; Paul Fishman, Architect; John Shubin, Esq.; Scott Schlesinger; Carla Pfeffer; Frank Tumminello; Mercedes Cantrell Stanley Price, Esq., representing the applicant reported that they are here tonight because ofa change in regulations by the Department of Environmental Protection (DEP) relating to coastal construction. He said it has caused them to move their building forward toward Collins Avenue, that they still meet all the required setbacks contained within the City Code, and that this is purely to get the permits from the State of Florida. He noted at the same time they were redesigning this building in terms of moving the building forward, they also came to the conclusion that the previous scrivener's error that was corrected by this Commission in February 2006 [Resolution No. 2006-890] could be addressed at that time and made a non- issue in any potential of existing litigation. He said they asked their architects to go back and look at the design of this building to see if we can go back to what was erroneously advertised at the first hearing, the 38,000 plus square footage necessary for TDRs, and they were able to accomplish that with no variances, making the building a smaller footprint on the site. Paul Murphy, Builder/Developer, said he came in as a joint venture partner on this project, and when they analyzed the project there were three things that they felt they needed to improve: 1) increase the parking slightly by squaring up the footprint which allowed the columns to be placed in a symmetrical where they were able to increase the parking by about where the limits are to 70, keeping a smaller footprint then they had before, putting most of the curves in the balcony outside the building; 2) they had to resurvey the beach, in order to apply to DEP they had to do a new survey, a new dune survey, etc., and in the formula that the Coastal Engineers have, they found that the building was 14.5 feet closer then they were allowed to be, although they wanted to do just minor modifications; and 3) one of those modifications also was to hopefully pacify this suit that is going on for the TDRs, so they had hoped to get permission to go ahead and eliminate that TDR problem and reduce the square footage of the building by 16,000 square feet, which they did. He said in the process, they moved the building back 14.5 feet, they moved the tower back an additional 20-feet, they squared up the building, and eventually they kept the exact same footprint that they had before. Paul Fishman, Architect, Arquitectonica, presented renderings and described the project, noting that they gained 12 more parking spaces in the garage, and created a more functional floor plan all the way up. Mr. Price noted for the record that he would like to incorporate all previous hearings, the transcripts of those hearings, and presented the booklet to the City Clerk, as well as to Mr. Shubin who represents the objector here this evening. He said it contains relevant portions of the record which they want incorporated into the record, and they would like to reserve time for rebuttal. John Shubin, Esq., said there is pending litigation regarding this building and for that purpose he reincorporated all of the previous testimony and previous transcripts of the hearings into this hearing, to the City Clerk. Mr. Shubin said he is here tonight on behalf of Scott Schlesinger, the Town of Golden Beach, Sheldon Schlesinger, Murial Skimler, and several Sunny Isles Beach residents. He said he would also like to incorporate into the record the . boards that have been presented by the applicant. He stated that this building as proposed is completely incompatible with the as-built environment of the town of Golden Beach which is a single-family community. He said his first objection is that this is not a modification of a previously approved site plan, this is a new site plan developed by a new Architect, according 10 Summary Minutes: Regular City Commission Meeting July 20, 2006 City of Sunny Isles Beach, Florida to the applicant, whether it is an improvement or not, it is a new building, and as such it should be treated as though it is a new application and advertised as a new application. He said to the extent that it is a new application, it is appropriate, particularly ifthis Commission wants to approve this new plan, to make sure that the approval of this new plan voids and supersedes all previous approvals related to the original site plan including the site plan that was approved (the Sieger-Suarez Site Plan) on July 17,2003. Mr. Shubin incorporated the transcript of that proceeding into the record, the complaint that was filed into the 11th Judicial Circuit Case No. 03-19125, the second case dealing with the scrivener's error, Case No. 06-05448, and various memoranda oflaw that they have presented in the Circuit Court 2003 proceeding, including the affidavit of their expert Guillermo Olmedillo the former director of Planning and Zoning for Miami-Dade County. Mr. Shubin noted that one of the interesting points in the City's Code dealing with modifications is that all major modifications shall be processed in the same manner as an original site plan, when an applicant attempts to modify a previously approved site plan, they are simultaneously attempting to hold on to the vested rights that they believe have been created in the previous approval while they are modifying the site plan. He said if they are submitting a new site plan, and that site plan is approved, it would be appropriate to ensure on the record that the new site plan is in fact a new site plan and it supersedes and renders void all of the previous approvals. Mr. Shubin said he would also like to suggest that while the applicant is requesting a rescission of the ordinance, which in fact in his mind corrected the scrivener's error, the Commission should also rescind the ordinance approving the transfer of the TDRs because if the TDRs were in fact an error to the extent that they were greater then what were previously approved or what are being sought today, it is their contention that that ordinance or resolution as well should be rescinded. He stated that the ordinance also has certain requirements to the extent that it needs to be processed in the same manner as an original site plan, and it lays out a variety of different submissions that need to accompany the application and they attempted to look through the file and the submission today, and in fact there are a number ofthem in Section 265-18 ofthe Code which they believe is not contained in this submission. He said they could not find a landscaping plan that is signed and sealed by a Landscape Architect which is required under the Code, the placement height and fixture design of the major exterior lighting which is a significant concern for the neighbors to the north, information regarding perimeter buffer requirements for adjacent requirements, an estimated construction schedule, and signage locations, types and details. He said Subsection (G) says that the determining point is once a determination by the Planning and Zoning Director is made, that a site plan complies with the review criteria stated in 265-18(E) all site plans will be placed on the quasi-judicial portion of the City Commission agenda. He said in summary of their position, based on the testimony of the applicant, this needs to be treated as a new application, and in order to establish this, he cross-examined Paul Fishman, Architect. Scott Schlesinger said he too wants to incorporate all the previous submissions and all the previous court records and hearings, and adopt all his attorneys comments, he is in favor of them and supports them. He said that he would like to see to it that all of these documents apparently evidence into the record for this particular proceeding are marked and preserved so they can be used in subsequent hearings here and court litigation that is going on regarding it. Mayor Edelcup said that the City Clerk will mark them and label them to make sure they are preserved and each of them is distinct and identified as such. Mr. Schlesinger requested that II Summary Minutes: Regular City Commission Meeting July 20,2006 City of Sunny Isles Beach, Florida they require that this particular project be resubmitted to the application process to entitle it to be built in an oversize fashion because these buildings don't get anywhere close to being what the Comprehensive Master Plan for Dade County ever envisioned and certainly, as neighbors of Golden Beach, Sunny Isles Beach should have a little consideration about building a 40- story building that is 400-feet high, 5-feet away from a single-family one-story home. Mayor Edelcup said that it is with the density of only 2/3rds of what could have been built there. Mr. Price said in rebuttal that the City has a process which deals with what happens once a site plan is approved, you built into that process and it was a concern of this Commission from day one that site plans were reviewed administratively and never found the way back to this Commission, and when the City adopted the Land Development Regulations the Commission insisted that all modifications to plans come back to this Commission in an advertised public hearing. He said the City adopted two types of regulation: one is deemed a minor modification; and 2) everything that is not deemed to be a minor modification is deemed to be a major modification under the Code. He said there is a process and they followed the process, they submitted the plans to the Building Zoning Department, the Director reviewed that plan, he has reviewed the plans in conjunction with the previously approved plans, which he has a right to do under the law, the landscape plans do not effect it, and one of the things he reviews, the landscape plans of the prior plan and this plan. Mr. Price said that the neighbors object to this landscaping but the landscaping is identical along the northern boundary ofthis property, and the beach access is identical on the north and south portion. Mr. Price said what was unique about this property, besides the fact, as the Mayor pointed out, the density is 40-units per acre, but theoretically with TDRs they could have gone up to about 125-units per acre. He said they provided a beach access on both the north and south portions ofthis property and it was always envisioned that on the south side of this property that beach access would be incorporated with the beach access of the adjoining property to the south, and that is their intention, and under the Code, the Manager must request that they do that and they will state on the record that they have no objection to accomplishing that fact. He said there is a process, hardly anyone is caught by surprise by this process, besides the City notice, he furnished Mr. Shubin personal notice of all these documents, he gave him the site plans, and he has had ample opportunity to review them. He said that they have won every single court proceeding and every single administrative proceeding, the arguments that we have heard here today the courts have decided those issues, administrative bodies have decided those issues. Mr. Price said this City is responsible for its own Comprehensive Plan, this City does not have any obligation under the law to observe neighboring cities Comprehensive Plans and this City is govern and is consistent with its Comprehensive Plan. He noted that we heard a statement here by Mr. Schlesinger regarding the County's Comp Plan, and Mr. Price said that he finds it hard to fathom that this was never envisioned by Dade County as this property on the Ocean of Sunny Isles Beach has always been recognized as the highest density area of any land in Dade County. He said that it was always envisioned that there be high-rise high-density development on the Ocean in Sunny Isles Beach before Sunny Isles Beach was a city. City Attorney Ottinot stated that he agrees with the opinion issued by Mr. Price. He said he has provided notice to the Commission that the court has agreed with the City that the project is consistent with the Comprehensive Plan, the project is consistent with our Code, and he 12 Summary Minutes: Regular City Commission Meeting July 20, 2006 City of Sunny Isles Beach, Florida strongly recommends and agrees that Mr. Price is correct in terms ofthe law. Commissioner Iglesias said he looked at Sunny Isles Beach as a high-rise and Golden Beach is not, but north of Golden Beach is Hallandale Beach which is high-rise, to the west you have A ventura, a high-rise, Bal Harbour south of us is high-rise, Surfside has high-rise, Miami Beach on the Ocean. He said four years ago when he was doing the beautification grants, at the time, Golden Beach Mayor Judy Quenca said that they were going after the beautification grant because that City although they have very nice prestigious homes, was not really that rich. He said the bottom line is what we are doing here is in character of what we are doing in our City and most of the surrounding cities in northeast Dade, which as Stanley Price said, was acknowledged by Dade County as a high-density area. Vice Mayor Brezin said she respects the opinion of City Attorney Ottinot and she agreed with Commissioner Iglesias. Commissioner Thaler said that he thinks the building is a beautiful building and fits very well within Sunny Isles Beach, and is one of the better buildings in Sunny Isles Beach, it has very few apartments, therefore not a lot oftraffic will be going in and out of the building and it will be a very expensive building therefore helping our income process within Sunny Isles Beach. Commissioner Goodman said he was happy about the beach accesses, and that the building is magnificent, 40-stories with only 40-apartments. Mayor Edelcup said three years ago when this project came before him and he was Vice Mayor at the time, he noted at that time that this was one ofthe finest kind of buildings to be built in Sunny Isles Beach because it didn't maximize what could be done, in fact it minimized in many cases of what could be done, and he complimented the builder at the time, that he was doing a great service to our City taking into account that he could have tripled the number of units, increase the density, and created a higher traffic flow then what 40 apartments have vs. 120 which could be built in this area. He said the citizens of Sunny Isles Beach, for the majority, are very pleased with this project. He said he finds it amusing that he had an informal meeting with the Mayor of Golden Beach a year or so ago when that Mayor approached him that maybe he would be interested in deeding that property over to Golden Beach so that they could enjoy the tax benefits of having that property in their City. Mayor Edelcup said he told him no but if Golden Beach wanted to become part of Sunny Isles Beach that we would maybe contemplate taking Golden Beach into Sunny Isles Beach. He said this is a beautiful project, one of the better kinds that can be built in Sunny Isles Beach and he looks forward to seeing it happen. Commissioner Iglesias moved and Vice Mayor Brezin seconded a motion for approval as amended, subject to staff conditions. City Attorney Ottinot said for the record that it is adopted with the conditions, and repealing Resolution No. 2006-890 as set forth in the Resolution. Resolution No. 06-Z-102 was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin yes Mayor Edelcup yes [City Clerk's Note: Exhibits 1-16 labeled and incorporated into record. Afive-minute recess was taken after this item.] 13 Summary Minutes: Regular City Commission Meeting July 20, 2006 City of Sunny Isles Beach, Florida 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission ofthe City of Sunny Isles Beach, Florida, Amending the Operating and Capital Outlay Budget for Fiscal Year 2005-2006 to Add Expenditures Relating to Capital Improvement Projects and Land Acquisition; Providing for Effective Date. Action: City Clerk Hines read the title and City Manager Szerlag reported that this is a transfer of funds for a Capital of $21 ,SOO,OOO.OO, and noted that there is a related resolution Item No. IOU which is also a budget amendment for the General Fund of $1 02,2S0.00. Public Speakers: none Mayor Edelcup noted in summary that $l.S Million is bringing the school up to $10 Million, $400,000 is for utilities, $19.6 Million is for the purchase of the property at 192nd Street, and in the other areas are minor adjustments between the Department estimated budgets early in the year and what we are finalizing now. Commissioner Iglesias moved and Vice Mayor Brezin 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, September 21, 2006, at 7:30 p.m. V ote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin yes Mayor Edelcup yes 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Amending Section 33-2 of the Code of the City of Sunny Isles Beach Relating to Lobbyist Registration and Fees by Repealing Section 33-2 in its Entirety and Creating a New Section; Providing for Definitions; Providing for Annual Expiration and Renewal for Lobbyist Registrations; Requiring Registration of Principals; Requiring Disclosure of Annual Lobbyist Expenditure by January lSth of Each Year; Providing for Penalties and Enforcement; Providing for Repealer, Codification, Severability and an Effective Date. (First Reading 06/1S/06) Action: City Clerk Hines read the title and reported. Public Speakers: none 14 Summary Minutes: Regular City Commission Meeting July 20, 2006 City of Sunny Isles Beach, Florida Vice Mayor Brezin moved and Commissioner Iglesias seconded a motion to adopt the ordinance. Ordinance No. 2006-260 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin yes Mayor Edelcup yes 9B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 2006-246 Relating to Alcoholic Beverage Ordinance; Providing for a Change in the Prohibited Hours of Operation for Hotels and Apartment-Hotels; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 06/1S/06) Action: City Clerk Hines read the title and City Attorney Ottinot reported. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to adopt the ordinance. Ordinance No. 2006-261 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin yes Mayor Edelcup yes 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager or His Designee to Sign or Renew All Required Contracts, Agreements, and Purchase Orders that Affect the Health, Safety, or Welfare of the City, During the Summer Recess Period from the Last Commission Meeting in July 2006 through the First Regular Commission Meeting in September 2006, Subject to After-the- Fact Ratification at the September 21, 2006 City Commission Meeting; Providing for an Effective Date. Action: City Clerk Hines read the title and reported. Public Speakers: none Vice Mayor Brezin moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-942 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, Amending Resolution No. 200S-833 Establishing a Schedule for City Commission Meetings for Calendar Year 2006 by Adding Special City Commission Meetings Tentatively on 15 Summary Minutes: Regular City Commission Meeting July 20, 2006 City of Sunny Isles Beach, Florida Thursday, September 14,2006, and Thursday, September 28, 2006, at 6:30 p.m., for Fiscal Year 2006/2007 Budget Hearings; Providing for an Effective Date. Action: City Clerk Hines read the title. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-943 was adopted by a voice vote of 5-0 in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding Bid No. 06-05-01 to and Entering into an Agreement with International Business Machines (IBM) for a Wireless Island, in an Amount Not to Exceed $74,425.00, Attached Hereto as Exhibits "A" and "B", Respectively; 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 Information Technology Director Derrick Arias reported. Public Speakers: none Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-944 was adopted by a voice vote of 5-0 in favor. 10D. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving the Naming ofthe Beach Access Located at 178th Street and Collins Avenue the "Walter Bresslour 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. [City Clerk's Note: See related item JOE below.) Public Speakers: none Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-945 was adopted by a voice vote of 5-0 in favor. tOE. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Naming of the Beach Access Located at 192nd Street and Collins Avenue the "William "Bill" Lone 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. 16 Summary Minutes: Regular City Commission Meeting July 20, 2006 City of Sunny Isles Beach, Florida Action: City Clerk Hines read the title and Commissioner Iglesias reported. Public Speakers: none Mayor Edelcup instructed City Manager Szerlag and staffto determine an appropriate time to have the ceremonies to put up the beach access signs in honor of the two individuals and to invite the families of each individual [includes above Item 1 OD]. Commissioner Iglesias moved and Vice Mayor Brezin seconded a motion to approve the resolution. Resolution No. 2006-946 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 the Purchase and Installation of Two (2) Four (4) Master Meter Machines from Bytewise Solutions, Inc., in an Amount Not to Exceed $19,350.00, $40.000.00, 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's Note: Photo of a Meter Master was distributed}City Clerk Hines read the title and City Manager Szerlag reported, and noted that this will include four (4) machines. Mayor Edelcup noted that the other two machines will be for under the William Lehman Causeway. Public Speakers: none Vice Mayor Brezin moved and Commissioner Thaler seconded a motion to approve the resolution, as amended. Resolution No. 2006-947 was adopted by a voice vote of 5-0 in favor. lOG. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Qualifying and Ranking the Landscape Architectural Firms to Perform Various Landscape Architectural Services to the City in Response to RFQ No. 06-03-01 Landscape Architectural Firms; Authorizing the City Manager to Negotiate Agreements with Said Landscape Architect Firms, in the Best Interests of the City; Further Authorizing the City Manager to Do All Things Necessary to Effectuate this Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager Vera reported qualifying and ranking the Architectural Firms as follows: 1) O'Leary Richards Design Assoc., Inc., 2) EDA W, Inc., and 3) Calvin Giordano & Associates. He said whenever we go out to bid for any major projects we will go with these three Landscape Architects and they will bid out, and noted that this is for review of plans submitted to the City, and the developers pay for it. Public Speakers: none Commissioner Thaler asked if we had the option to use all three firms, and Assistant City Manager Vera said yes. Vice Mayor Brezin said to leave an open door and consider other firms. Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-948 was adopted by a voice vote of 5-0 in favor. 17 Summary Minutes: Regular City Commission Meeting July 20, 2006 City of Sunny Isles Beach; Florida 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with O'Leary Richards Design Associates, Inc. ("O'Leary Richards")for Plan Review Services for the Building and Planning and Zoning Departments, in a Total Amount of Up to $20,000.00 per Year, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager Vera reported. Public Speakers: none Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-949 was adopted by a voice vote of 5-0 in favor. 101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Amendment to Agreement with Lukes' Landscaping, Inc. ("Lukes") for Pickup of Storm Debris Reflecting Tonnage Charges for Moving, Loading and Transporting Debris at a Cost of $290.00 per Ton, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Amendment to Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and Public Works Director James Watts reported. Public Speakers: none Commissioner Thaler asked if this would cost us more or less, and Mr. Watts said less because the tonnage equations were used in the cubic yards that he hauled away in the same trucks, and when using cubic yards, people have to be on site here and at the dump. He said every dump site has a tipping scale that issues a ticket in thousands of pounds. Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-950 was adopted by a voice vote of 5-0 in favor. 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Purchase of a 2S-Foot Commander Ram Marine Vessel (Boat) and Related Equipment from SeaArk Marine, Inc., in an Amount Not to Exceed $146,990.00, as Quoted on the Proposal 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 Police Chief Fred Maas reported giving a history of the two boats that we presently have noting that they are not seaworthy at this time. He introduced two of the many boat captains that we have, as well as Sgt. Mike Mulvey. He said this is the state-of-the-art vessel and noted that A ventura has purchased one as well. Chief Maas said we can use some Forfeiture monies and insurance monies received as a result of the vessel being destroyed during the Hurricane, and by dismantling and selling 18 Summary Minutes: Regular City Commission Meeting July 20, 2006 City of Sunny Isles Beach, Florida what we can of the fountain vessel. Public Speakers: none Vice Mayor Brezin moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-951 was adopted by a voice vote of 5-0 in favor. 10K. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing the Chief of Police, in Accordance with Section 932.7055, F .S. to Expend $100,000.00 from the Law Enforcement Trust Fund (L.E.T.F.) Forfeiture Fund, to Partially Fund the Purchase of a 2S-Foot Commander Ram Marine Vessel (Police Boat); Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. (See Related Item 1 OJ above) Action: City Clerk Hines read the title and Police Chief Fred Maas reported. Public Speakers: none Vice Mayor Brezin moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-952 was adopted by a voice vote of 5-0 in favor. 10L. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing the City Manager to Apply For and Accept a Miami-Dade County Metropolitan Planning Organization (MPO) Grant on Behalf of the City, in an Amount of $2,137,500.00, in Order to Construct a Pedestrian Bridge/Greenway with Emergency Access Capability between 172nd Street and 174th Street; Authorizing the City Manager to Take Any and All Action Necessary With Respect to the Obtaining and Distribution of Grant Monies, as Appropriate; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Szerlag reported. Public Speakers: none Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-953 was adopted by a voice vote of 5-0 in favor. 10M. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Florida Power and Light (FPL) for Underground Facilities Conversion, in an Amount Not to Exceed $800,000.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate Terms ofthis Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager Vera reported that this is the first phase of the undergrounding which will occur from the northern City limits down to 185th Street including properties abutting the alley in the Golden Shores area. Public Speakers: none 19 Summary Minutes: Regular City Commission Meeting July 20, 2006 City of Sunny Isles Beach, Florida Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-954 was adopted by a voice vote of 5-0 in favor. ION. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Repealing Resolution No. 2005-856 in its Entirety; Approving a 99- Year Lease Agreement with Miami-Dade County for the Property Located at 17200 Collins Avenue to Construct a Fire Station, in the Amount of $1.00 per Year, Attached Hereto as Exhibit "A"; Providing for the Commencement of Construction Within Three (3) Years of Execution; Providing for the Naming of the Fire Station as "Sunny Isles Beach Fire Station"; Providing the Mayor with the Authority to Execute the Agreement; Providing the City Manager with the Authority 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 Attorney Ottinot reported. Public Speakers: Carlos Heredia Carlos Heredia, Principal Planner of the Miami-Dade Fire Rescue Department, commended City Attorney Ottinot and Deputy City Attorney Patricia SaintVil-Joseph as they have been very helpful throughout this process. Commissioner Thaler asked if this can be expedited as it states three more years. Mr. Heredia said we first have to proceed with the demolition process, and prior to that they have to locate a temporary site where they can accommodate the station so they don't interrupt service at any point, and this can take nearly a year. He said in regards to demolition it can take another two years, so construction will hopefully begin in three years, it is their intent to move forward as quickly as possible. Commissioner Goodman asked why is it going to take another three years and Mr. Heredia said they moved as fast as they could overcoming bureaucrats and red tape with the County with GSA, all the. preparation of the lease before it got to the point of November 17, and this discrepancy they had with the lease did set them back more then they had expected, but they are on it full force now. Commissioner Goodman asked that he still move it up a little, and Mr. Heredia said he would definitely try to expedite this process. Mayor Edelcup said that there were a couple of things that were requested during negotiations, and he said he appreciated the letter that the County furnished them in April relative to the North Bay Road access through the Vista View property, and reminded City Manager Szerlag and staff that we need to proceed now that we have that letter to see if we can get that additional access opened into the Vista View property. Mayor Ede1cup stated that he is still working with the County to see what can be done about a satellite office for permits and plans review in the northeast quadrant of Miami-Dade County. Mr. Heredia said that they have dealt with the Fire Marshall in these instances and that he would bring this to the Fire Chief s attention, and will draft some sort of cost estimates. Mayor Edelcup said when they are ready he would suggest to set up a meeting with the Mayors or Councils of the respective cities that are involved because collectively he is sure they can come up with a solution that would be beneficial to all parties, and Mr. Heredia said they could arrange that. 20 Summary Minutes: Regular City Commission Meeting July 20, 2006 City of Sunny Isles Beach, Florida Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-955 was adopted by a voice vote of 5-0 in favor. 100. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Expenditure of $5,429.98 toward the Miami-Dade County Metropolitan Planning Organization (MPO) Grant for the Miami-Dade County Northeast Traffic Corridor Study; 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 that we are one of eight municipalities being requested to contribute funding for a corridor study that will assist in charting out where we need to go to resolve traffic mitigation issues. Public Speakers: none Mayor Edelcup said that he attended many of the meetings with the cities in Northeast Dade, and staff have been working together to try to come up with a unified traffic study plan as it affects all of the various cities here in Northeast Dade and we are paying our proportionate share of the study based on total population of the cities involved as it relates to our City. Vice Mayor Brezin moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-956 was adopted by a voice vote of 5-0 in favor. lOP. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with The History Press to Purchase 1,000 copies of a Book Entitled "From Sandbar to Sophistication: The Story of Sunny Isles Beach", in the Amount of $10,560.00, Attached Hereto as Attachment "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 Administrative Services Director Alyce Hanson reported. Mayor Edelcup said we wouldn't have to come back for the author's fee because it is under $10,000. Public Speakers: none Commissioner Thaler moved and Vice Mayor Brezin seconded a motion to approve the resolution. Resolution No. 2006-957 was adopted by a voice vote of 5-0 in favor. 10Q. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a First Amendment to the Agreement between the City of Sunny Isles Beach and Pool Rangers, Inc. F IKI A Nalepa Pool Rangers, Inc. for the Maintenance of the Government Center Fountain, in an Amount Not to Exceed $10,800.00, Attached Hereto as Exhibit "A", Authorizing the Mayor to Execute Said Amendment; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. 21 Summary Minutes: Regular City Commission Meeting July 20, 2006 City of Sunny Isles Beach, Florida Action: City Clerk Hines read the title and Public Works Director James Watts reported noting that the $lS0 increase is due to a leak in the pool resulting in Pool Rangers having to use a large amount of chemicals, but with the next budget year the pool will be fixed, and then they won't use as many chemicals and we can re-negotiate a lower price. Public Speakers: none Commissioner Thaler asked ifthere was anybody else that we can go to, and Mr. Watts said no, that we put an RFP out on this and Pool Rangers was the sole bidder. He said everybody will take care of a pool but nobody will take care of a fountain. Commissioner Iglesias moved and Vice Mayor Brezin seconded a motion to approve the resolution. Resolution No. 2006-958 was adopted by a voice vote of 5-0 in favor. lOR. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Providing for the Acceptance of the Appraised Land Value of $5,150,000.00 for the Property Located at 16690 Collins Avenue AIKIA St. Tropez; Providing for the Acceptance and Payment by the Applicant of $1,162,616.91 for the Transfer of 17 Units of the City's TDR Bank; Providing for Ten Percent (10%) Deposit for TDRs; Providing for Adjustment of the Balance of TDR from City's Bank to Reflect a Decrease of 32,759 Square Feet and 17 Units, on the Property Located at 16690 Collins Avenue; Providing for Credits for the Undergrounding of Utilities; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Correspondence from Quinlinan Appraisal was distributed; this item was heard after Item 6A] City Clerk Hines read the title and Planning and Zoning Technician Elena Del Campillo reported. Public Speakers: Clifford Schulman, Esq. Clifford Schulman, Esq., incorporated his comments from Item 6A into this matter. Mayor Ede1cup noted for the record that this works out to $35.49 a square foot for each FAR purchased. Commissioner Iglesias moved and Vice Mayor Brezin seconded a motion to approve the resolution. Resolution No. 2006-959 was adopted by a voice vote of 5-0 in favor. [City Clerk's Note: The Commission took a 5-minute recess before hearing Item 5B.] 10S. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing the Donation of a 18-Passenger Van to Nord Ouest Environmental to Provide Transportation Assistance for an Environmental Reforestation Program in Haiti; 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 Mayor Ede1cup reported. Commissioner Thaler noted a correction, that each one is one van, not two. 22 Summary Minutes: Regular City Commission Meeting July 20, 2006 City of Sunny Isles Beach, Florida Public Speakers: none Vice Mayor Brezin moved and Commissioner Iglesias seconded a motion to approve the resolution, as amended. Resolution No. 2006-960 was adopted by a voice vote of 5-0 in favor. lOT. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Donation of a 18-Passenger Van to the Antioch Community Development Corporation to Transmit Orphan Children in Haiti to School; 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 Mayor Ede1cup reported. Commissioner Thaler noted a correction, that each one is one van, not two. Public Speakers: none Vice Mayor Brezin moved and Commissioner Iglesias seconded a motion to approve the resolution, as amended. Resolution No. 2006-961 was adopted by a voice vote of 5-0 in favor. IOU. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Year End Administrative Budget Amendments for Fiscal Year 2005-2006 Adopted Budget; 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 this is less then 1 % of the General Fund Reserve, in the amount of $1 02,250.00. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-962 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Discussion regarding the Status of Town Center Park Restroom. Action: Assistant City Manager Vera reported that they are working on the design and will be submitting it to the Building Department. He said it will be reviewed before we send it out to bid, which is a new policy that City Manager Szerlag has set, so we will have plans that will not require change orders. He noted that this should go out to bid by October. Public Speakers: none 23 1 Summary Minutes: Regular City Commission Meeting July 20, 2006 City of Sunny Isles Beach, Florida Vice Mayor Brezin suggested automatic flushing toilets. Assistant City Manager Vera said they would look into it. Mayor Edelcup said whichever requires less maintenance. 12B. Discussion regarding the Status of Town Center Park Lighting. Action: [City Clerk's Note: Photos of ornamental lights were distributed) Assistant City Manager Vera reported. He suggested that the Commission review the booklet of ornamental lights that was forwarded to them. He said these lights are to reduce the glare into the adjoining properties. Public Speakers: none Commissioner Iglesias said there are more options out there and that he would like to get with the lighting engineer in DOT and give out a booklet to staff and Commission to look at as well. City Manager Szerlag asked if he was referring to Bollards, and he said the poles and the bollards, and City Manager Szerlag suggested talking about this tomorrow at the workshop when we are a little fresher, when they go over the Capital Projects, there is the issue of scrapping what is already up there at a cost. Mayor Edelcup said what they are trying to decide is to leave the ones that are currently there that we don't want to scrap those and to go forward. Assistant City Manager Vera asked for a consensus from the Commission noting that the sculpture for the Town Center Park is ready, and asked for guidance as to when to put it up. Mayor Edelcup suggested mid August or to wait until more residents are back. Assistant City Manager Vera said the sculpture is in a warehouse and the artist wants to get it over here and get paid. Mayor Edelcup suggested getting it over here and schedule it sometime in August. He asked when the next Sunny Serenade is, and Cultural and Human Services Director Susan Simpson said September 20, 2006, and Mayor Edelcup suggested scheduling it in the Town Center Park and we can do it all at the same time. 12C. Discussion regarding Cost Estimates for the City's 10th Anniversary Celebration. Action: [City Clerk's Note: Fact-Finding Report was distributed) Janet Cini, member of the 10-Year Anniversary Celebration Fact-Finding Committee, reported noting that other volunteer resident members of the Committee are Dee Duggan, Trina Duluc, Loretta Mufson, and Madi Thaler. Mayor Edelcup said that since the report was just presented to them, they have not had an opportunity to look at it in detail. He said in looking at it briefly it looks all inclusive, it shows that we have options that gives us a cost range of about $200,000 to $300,000, and he asked the Commission to look at it carefully so that we can discuss it at perhaps the Budget Workshop tomorrow morning, we can either add it on then or hear it in September. He said his feeling is to try to hold it as close to the $200,000 number as possible. Commissioner Iglesias said to try to get people to sponsor, and Mayor Ede1cup agreed, we can look for people to underwrite part of the cost. Public Speakers: Janet Cini Mayor Edelcup thanked the Committee members for putting this document together as it is very comprehensive and he appreciates all their time and effort. He said volunteer work by 24 Summary Minutes: Regular City Commission Meeting July 20, 2006 City of Sunny Isles Beach, Florida the people of this Committee is the backbone of what makes Sunny Isles Beach great, noting that we always have volunteers that are willing to pitch in and make us an ever greater City. 12D. Add-On Item: Discussion on Scheduling a City Commission Workshop. Action: City Manager Szerlag said that he is pressing the Mercer Group, a personnel group, to give him a proposal that he wants to share with Commission relative to a classification compensation plan and performance evaluation methodology, and if he can get that accomplished, perhaps we can schedule a meeting by the end of August, or the forepart of September, and include this topic with Item 12C above. Mayor Edelcup said that would be good as at this point there are no meetings scheduled in August, and if the Commission is in town and we can work it out, maybe in the next couple of days we can agree on a date somewhere in mid-August to handle these two items, and any other things that may come up. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. Action: Mercedes Cantrell said she is on the Board of the Sunny Isles Beach Coalition for Concerned Citizens, and she had an email from one of the condominiums, concerning when a hurricane passes, the barrier islands will be closed to all but residents with IDs or utility bills to prove residency. She said the email reads, the problem that they foresee is getting access for building staff members to conduct damage assessments, restart mechanical equipment, and start the debris clearing process, is there some sort of pass or photo ID they can have that the City can provide in advance to allow access to necessary staff. Chief Maas said at the Hurricane Preparedness Workshop that they recently held [June 15, 2006] with the developers, those that would be associated with post-hurricane cleanup, we came up with a situation where there would be an identification process issued by either the hotel, condominium, business, any related group of people that work in Sunny Isles Beach that would permit them to come into the City. Ms. Cantrell said then they would get the IDs from their condos, and Chief Maas said yes but they would work in conjunction with the Police Department so that the officers working their checkpoints would have the approved method of identification, recognize it, check it against our list, and they would be allowed in. Chief Maas said the quicker they get them in is an important part ofthe cleanup, and it was addressed as a question with the developers and the different securities from hotels at that Workshop. Ms. Cantrell asked how they would get on that list. ChiefMaas said they would meet with the Police Department, this also adds to our program of a data base to have each of the entities, so they need to contact his office. 13B. Action: Diane MacKendree said she is the President of the Eden Roc Condominium on North Bay Road, a resident for 24-years, and that she wants a dog park. She said A ventura has a great dog park, and she suggested Gwen Margolis Park would be a good place to put it. Mayor Edelcup said that she is one of many that have asked for a dog park and he asked the City Manager, over the next couple of months, to explore the various parcels ofland in and around the City that we have acquired or about to acquire and perhaps we can come up with a solution to the problem. 25 Summary Minutes: Regular City Commission Meeting July 20, 2006 City of Sunny Isles Beach, Florida Ms. MacKendree also brought up parking. She said the City put "No Parking" signs on the swales around her neighborhood where they can only park in the day time with permits, you can't park at night, which doesn't make any sense for those that live here. She said everybody that lives in the other buildings are now parking in front of her building, the Marina Bay and the one right next to her, when they have an overflow like for a party. She said all those streets are empty, and that no one has bought those permits. Mayor Edelcup said that it is something that he has already discussed with staff that we should look at providing night parking as well on the streets where we are permitting day time permit parking. He said he thinks that staff has already begun work on it. Code Enforcement and Licensing Director Robert Solera said originally when the Ordinance was created, the idea was to not have anybody coming to the City from the outside and be able to park overnight. He said they have gotten a lot of concerns from residents that want to park in the residential area only at night because they have a number of cars that cannot be accommodated by their condominiums due to restrictions on how many cars they can have. He said he is working on that Ordinance right now to accommodate those residents and be able to bring them an area where they can park overnight from 6:00 p.m. to 6:00 a.m. as a resident. He said at this time we have permits for resident-only parking during the day and there is also a permit for parking meters during the day which is $75 a year. Mayor Edelcup said we are coming up with a plan that would provide residents the ability to buy 12-hour daytime and a 12-hour evening time, so in effect you can buy 24-hour parking. 14. ADJOURNMENT Commissioner Iglesias moved, and Mayor Edelcup adjourned the meeting at 11:15 p.m. Respectfully submitted by: . . ' . , , Approved by the City Commission on Sept. 21, 2006 " " \' A "/ O. ~~.' .r~ Jah~ ~. Hines, c'~c: City Clerk /' , , 26