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HomeMy WebLinkAbout2002 0514 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Tuesday, May 14,2002,7:30 p.m. CITY OF SUNNY ISLES BEACH, FLORIDA A TTENTION ALL LOBBYISTS: CITY LAW REOUlRES 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 ORDERlROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:32 p.m., with the following officials present: Mayor David Samson Vice Mayor Danny Iglesias Commissioner Norman S. Ede1cup Commissioner Gerry Goodman Commissioner Lila Kauffman City Clerk Richard Brown-Morilla Deputy City Attorney Hans Ottinot City Zoning Director Jorge Vera 2. PLEDGE OF ALLEGIANCE AND INVOCATION Action: City Clerk Brown-Morilla led the Pledge of Allegiance to the flag, and Richard Schulman gave an invocation. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - April 18, 2002. 3B. Special City Commission Meeting - May 7,2002. Action: Commissioner Kauffman moved and Commissioner Ede1cup seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. 4. ORDER OF BUSINESS (AdditionslDeletions/Amendments) 4A. Order of Business (7 A, 90, 6C, 6D); additional information (6A, 6B and 9H). Action: Mayor Samson requested a motion to change the order of business after item 5A, to briefly hear item 7 A (Ordinance for $3 million Bond), followed by 9G (Resolution for Financial Advisory Svcs.), then hear items 6C and 6D (requests for deferral from Williams Island Ocean Club, Acqualina), then return to item 6A; and to consider the documents submitted for items 6A, 6B and 9H. Commissioner Kauffman moved and Summary Minutes: Regular City Commission Meeting May 14, 2002 City of Sunny Isles Beach, Florida Commissioner Ede1cup seconded a motion to amend the agenda as requested by the Mayor. The motion was approved by a voice vote of 5-0 in favor. Stanley Price, Esq. requested that he be allowed to present a request for withdrawal of item 6B, since he has to attend an 8:00 p.m. hearing in Surfside. Vice Mayor Iglesias moved and Commissioner Edelcup seconded a motion to hear item 6B first out of order after item SA. The motion was approved by a voice vote of 5-0 in favor. 5. SPECIAL PRESENTATIONS SA. Police Employee of the Month for May 2002 - Senior Office Assistant Yael Londono. Action: Police Chief Fred Maas introduced Lt. Tina Radcliff who read the proclamation for Senior Office Assistant Yael Londono as Police Employee of the Month for May 2002 and presented her with a certificate, and a check. Lt. Rick Feisthammel as Co- Chairperson of the Citizens Public Safety Advisory Committee of Sunny Isles Beach also presented Ms. Londono with a certificate, and a check. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of Sea Breeze Ocean Developers, LLC, Owner of the Property Located at 16201-16251 Collins Avenue, Sunny Isles Beach, Florida, for the Following: [Hearing #Z200 1-05] 1. Special Exception to permit the temporary storage of fill, storage containers on site. 2. Unusual Use to permit temporary parking for construction personnel in a zone more restrictive than the use it serves. 3. Non Use Variance of Sign Regulations to permit 2 detached signs 72 square feet each (2 detached signs 24 square foot each permitted). Protests 1 Waivers o Ex-Parte o Action: [City Clerk's Note: One (1) protest letter was distributed, and George Berlin submitted a written request to withdraw requested item #3.J Mayor Samson read a statement regarding procedure and decorum. City Clerk Brown-Morilla read the applicant's name, hearing number and location. He asked if there were any ex-parte disclosures, and there were none. Deputy City Attorney Ottinot read a disclaimer, and Mayor Samson opened the public hearing. Public Speakers: George Berlin; Philip Ward; Jorge Vera Philip Ward requested withdrawal without prejudice of their requested item #3, non-use variance of sign-Regulations. Mayor Samson expressed his willingness to approve the application based on the staff recommendation, provided that the area be fenced-off immediately, with a fence meeting the appropriate code height, and that it be painted to enhance our area, like the Trump Grande and also Acqualina fences, and that the site has to be watered every day to 2 - ------ Summary Minutes: Regular City Commission Meeting May 14,2002 City of Sunny Isles Beach, Florida minimize blowing sand or soil. Jorge Vera read his zoning report, and noted that the applicant had withdrawn request #3 for signage. Speaking for the applicant, George Berlin expressed his willingness to comply with the Mayor's requests, although he doubted the need for daily watering. In response to a question, he said they shared the Mayor's goal of seeing the construction of Oceania 5 completed soon. Vice Mayor Iglesias moved and Commissioner Kauffman seconded a motion to approve the revised request with zoning staff conditions. The motion was approved as Resolution No. 02-Z-68, by a voice vote of 5-0 in favor. 6B. Request of LMD Associates, L TD, Owner of the Property Located at the Southeast Corner of 183rd Street and North Bay Road, Sunny Isles Beach, Florida, for the Following: [Hearing #Z2001-08] 1. Special Exception to permit the temporary storage of fill, materials on site. 2. Unusual Use to permit temporary parking for construction personnel and construction trailers in a zone more restrictive than the use it serves. Protests 3 Wai vers o Ex-Parte o Action: [City Clerk's Note: Three (3) protest letters were distributed.] Mayor Samson read a statement regarding procedure and decorum. City Clerk Brown-Morilla read the applicant's name, hearing number, location and the Mayor opened the public hearing. Deputy City Attorney Ottinot read a disclaimer Pub.fic Speakers: Stanley Price, Esq. Mr. Price representing the applicant, requested withdrawal without prejudice of the requested item, and that they have 60 days to come into compliance. Vice Mayor Iglesias moved and Commissioner Ede1cup seconded a motion for approval of the request by Mr. Price. The motion for withdrawal without prejudice was approved as Resolution No. 02-Z-69, by a voice vote of 5-0 in favor. 6C. Request of Williams Island Ocean Club, Inc., Owner of the Property Located at 17875 Collins A venue, Sunny Isles Beach, Florida, for the Following: [Hearing #Z2001-11] 1. Modification of Condition IB and 1J of Resolution 00-Z-46 passed and adopted by the City Commission of the City of Sunny Isles Beach on the 13th day of April, 3 Summary Minutes: Regular City Commission Meeting May 14, 2002 City of Sunny Isles Beach, Florida 2000 reading as follows: From: 1B Plans are on file and may be examined in the Building, Planning and Zoning Department entitled "Williams Island Sunny Isle Condomimum", prepared by Robert M. Swedroe Architects - Planners dated stamped received 3/20/2000 consisting of 26 sheets. Plans are on file and may be examined in the Zoning Department entitled "Acqualina", prepared by Robert M. Swedrow Architects-Planners consIsting of Index of Drawing sheet, Site Plan, sheet A-I, A-2, A-3 dated stamped recei ved 11-26-01. From: 11 That the applicant provides a recordable Unity of Title between the hotellbeacn club parcel and the parking lot parcel to provide for a total of 617 parking spaces. To: To: That the applicant provides a recordable Unity of Title between the hotellbeacn club parcel and the parking lot parcel to provide for a total of 576 parking spaces. The purpose of this request is to allow the applicant to submit plans showing the redesign of the parking garage, the facade of the building and to provide a revised Unity of Title. All prior approved plans and conditions with the exception of the modification under this resolution shall remain in effect. Protests 0 Waivers o Ex-Parte o Action: Mayor Samson read a statement regarding procedure and decorum. City Clerk Brown-Morilla read the applicant's name, hearing number, location and the Mayor opened the public hearing. Deputy City Attorney Ottinot read a disclaimer Public Speakers: Clifford Schulman, Esq. Clifford Schulman requested withdrawal without prejudice of the requested items for 6C and 6D. Commissioner Goodman moved and Vice Mayor Iglesias seconded a motion to grant withdrawal without prejudice of items 6C and 6D. The motion for withdrawal without prejudice was approved as Resolution No. 02-Z-70 and No. 02-Z-71 respectively, by a voice vote of 5-0 in favor. 6D. Request of Williams Island Ocean Club, Inc., Owner of the Property Located at the Southeast Corner of 178th Street and Atlantic Boulevard, Sunny Isles Beach, Florida, for the Following: [Hearing #Z2001-12] 1. Modification of Condition 1J of Resolution 00-Z-47 passed and adopted by the City Commission of the City of Sunny Isles Beach on the 13th day of April, 2000 reading as follows: From: 11 That the applicant provides a recordable Unity of Title between the hotellbeacn club parcel and the parking lot parcel to provide for a total of 617 parking spaces. 4 Summary Minutes: Regular City Commission Meeting May 14,2002 City of Sunny Isles Beach, Florida To: That the applicant provides a recordable Unity of Title between the hotellbeacti club parcel and the parking lot parcel to provide for a total of 576 parking spaces. The purpose of this request is to allow the applicant to revise a resolution to reflect the new required parking for the entire development and revising a Unity of Title. All prior approved plans and conditions with the exception of the modification under this resolution shall remain in effect. Protests 0 Wai vers o Ex-Parte o Action: [City Clerk's Note: Clifford Schulman, Esq. requesting a withdrawal, without prejudice. See item 6C for discussion and the vote in favor of withdrawal. The motion for withdrawal without prejudice was approved as Resolution No. 02-Z-71, by a voice vote of 5-0 in favor.] Public Speakers: Clifford Schulman, Esq. 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Issuance of a Stormwater Utility Revenue Bond, Series 2002, of the City of Sunny Isles Beach, Florida in a Principal Amount of $3,000,000.00 for the Purposes of Financing All or a Portion of the Costs of Certain Improvements to the Golden Shores Stormwater Utility System and Paying Certain Costs Related Thereto; Determining the Need for a Negotiated Sale of Such Bond to SunTrust Bank; Providing for the Terms and Payment of Such Bond and for the Rights, Remedies and Security of the Owners Thereof; Making Certain Covenants Relating to the Issuance of Such Bond; Designating Such Bond as a "Qualified Tax-Exempt Obligation" Within the Meaning of Section 265(b )(3) of the Internal Revenue Code of 1986, as Amended; Authorizing the Proper Officers of the City to Do All Other Things Deemed Necessary or Advisable in Connection with the Issuance of Such Bond; and Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Finance Director Jean Watson reported. Public Speakers: none Commissioner Edelcup asked what the interest rate was and Jean Watson said it will be 4.6% for twenty (20) years. Commissioner Kauffman moved and Commissioner Goodman 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 Tuesday, May 21, 2002, at 7:30 p.m. Vote: Commissioner Edelcup yes 5 Summary Minutes: Regular City Commission Meeting May 14, 2002 City of Sunny Isles Beach, Florida Commissioner Goodman yes Commissioner Kauffman yes Vice Mayor Iglesias yes Mayor Samson yes 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 2001-118 Entitled Shopping Cart Regulations; Providing for a New Procedure for Handling Identifiable Shopping Carts on the Right-of-Way; Providing for Severability; Providing for Inclusion in the Code; Providing for Repeal of Conflicting Provisions; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Code Enforcement and Licensing Director Chris Steers reported. Commissioner Kauffman and Commissioner Goodman raised questions and Chris Steers explained that State law preempted the City's ability to legislate very much on this topic. Public Speakers: none Commissioner Kauffman moved and Vice Mayor 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, June 20, 2002, at 7 :30 p.m. Vote: Commissioner Ede1cup yes Commissioner Goodman yes Commissioner Kauffman yes Vice Mayor Iglesias yes Mayor Samson yes 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending the Code of Ethics Ordinance No. 2002-149, to Include a Prohibition Against Interests in Conflict with Official Duties Provision, Including Unwarranted Privileges Unless Disclosure is First Made; Providing for Dissemination of Such Disclosure by City Clerk; Providing for Disciplinary Action: Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Commissioner Edelcup reported. Vice Mayor Iglesias suggested that since the proposal is repetitive of a State statute, which he said was actually more restrictive, he questioned the need for this ordinance. Public Speakers: none Vice Mayor Iglesias moved and Commissioner Edelcup 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, June 6 Summary Minutes: Regular City Commission Meeting May 14,2002 City of Sunny Isles Beach, Florida 20, 2002, at 7 :30 p.m. Vote: Commissioner Edelcup yes Commissioner Goodman yes Commissioner Kauffman yes Vice Mayor Iglesias yes Mayor Samson yes 8. ORDINANCES FOR SECOND READING (Public Hearings) 8A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 99-80, Permanent Point of Sales Signs in the RU-4 and RU-4A Districts Which Amended Section 33-103 of the Code of Miami-Dade County as Adopted by Section 8.3 of the City Charter, to Amend the Requirements for Temporary Construction Signs; Providing for a Repealer; Providing for Severability and Providing for an Effective Date. (Deferred from 3/19/02 - First Reading 4/18/02) Action: City Clerk Brown-Morilla read the title and Zoning Director Jorge Vera read the report. He read an amendment to section B (2) of the ordinance on agenda page 90; (second page of the ordinance) deleting the words "linear frontage" and "property" and inserting "square footage of the wall area" for the calculation of the permissible sign area. Commissioner Kauffman questioned several aspects of the proposed ordinance. Public Speakers: none Vice Mayor Iglesias moved and Commissioner Goodman seconded a motion to adopt the amended ordinance. Ordinance No. 2002-153 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Ede1cup yes Commissioner Goodman yes Commissioner Kauffman yes Vice Mayor Iglesias yes Mayor Samson yes 8B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Rendering it Unlawful for Any Elected or Appointed Official or Employee of the City to Cancel or Void a Traffic Summons Issued by the City's Police Department Except by a Police Officer When the Issuance of Such Summons was in Error; Providing for Repealer; Providing for Severability; Providing for Inclusion into the Code; Providing for an Effecti ve Date. (First Reading 4/18/02) Action: City Clerk Brown-Morilla read the title, and Mayor Samson reported. Public Speakers: none 7 Summary Minutes: Regular City Commission Meeting May 14.2002 City of Sunny Isles Beach, Florida Commissioner Kauffman moved and Vice Mayor Iglesias a motion to adopt the ordinance. Ordinance No. 2002-154 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Edelcup yes Commissioner Goodman yes Commissioner Kauffman yes Vice Mayor Iglesias yes Mayor Samson yes 9. RESOLUTIONS 9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving in Concept the Entry Signage Plan Prepared by O'Leary Design Associates, P.A., for Placement at Four Primary Entrances to the City; Providing the City Manager With the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Zoning Director Jorge Vera reported. William O'Leary and Tom Grabowski reviewed the proposed new entryway signage. Mr. O'Leary explained that FDOT requires that the sign be frangible, able to be broken away. He noted that he was proposing up-lighting and fiber-optic lighting that could have changing colors and be on a timer to change colors. O'Leary said that the cost estimate, including providing power was $75,000 for the larger signs and $35,000 for the smaller signs. Mayor Samson said he wanted the sign for Sunny Isles Boulevard not to be located on the former City Hall site, but to place the sign west of the City's property on the FDOT property. Mr. O'Leary suggested that if the sign were moved further west as the Mayor was requesting, it would not be seen. Mayor Samson said he wanted to show Mr. O'Leary where he was proposing to place the sign. Public Speakers: William O'Leary; Tom Grabowski Vice Mayor Iglesias moved and Commissioner Ede1cup seconded a motion to approve the resolution. Resolution No. 2002-441 was adopted by a voice vote of 5-0 in favor. 9B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Incorporating Recitals; Awarding Bid No. 02-03-01 to Vila & Son Landscaping Corp., for Landscape Improvements for State Road A-I-A (Collins A venue), in an Amount of $841,966.00, Plus a Contingency of $50,000.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effecti ve Date. Action: City Clerk Brown-Morilla read the title and Zoning Director Jorge Vera reported. Public Speakers: none 8 Summary Minutes: Regular City Commission Meeting May 14,2002 City of Sunny Isles Beach, Florida Mayor Samson complimented the work of Vila and Son. Vice Mayor Iglesias noted that he had just successfully obtained additional FDOT funding for the City. Vice Mayor Iglesias moved and Commissioner Kauffman seconded a motion to approve the resolution. Resolution No. 2002-442 was adopted by a voice vote of 5-0 in favor. 9C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Adopting the Second Amended Library Interlocal Lease Agreement With Miami-Dade County Attached as Exhibit "A", Superceding All Prior Library Interlocal Lease Agreements; Authorizing the Mayor to Execute Said Agreement on Behalf of the City; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Directing the City Clerk to Forward Same to the County; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Deputy City Attorney Ottinot read the report. Public Speakers: none Commissioner Kauffman moved and Vice Mayor Iglesias seconded a motion to approve the resolution. Resolution No. 2002-443 was adopted by a voice vote of 5-0 in favor. 9D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Enter into Two 60-Month Lease Agreements With Toshiba for Two e-45 Digital Copiers With GL 1010 Controllers, for City Hall and the Building Department, Based on the Agreements Attached as Exhibit "A" and Exhibit "B" Respectively; Authorizing the Mayor to Execute Said Agreements on Behalf of the City; Authorizing the City Manager to Do All Other Things Necessary to Effectuate the Terms of the Agreements; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Administrative Services Director Alyce Hanson read her report. Public Speakers: none Commissioner Goodman moved and Vice Mayor Iglesias seconded a motion to approve the resolution. Resolution No. 2002-444 was adopted by a voice vote of 5-0 in favor. 9E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Payment of Services to Lukes' Landscaping, Inc. ("Lukes"'), in the Amount of $25,605.00, Attached Hereto as Exhibit "A", in Accordance with Resolutions No. 2001-377 and No. 2001-390, for the Purchase and Installation of Trees for Landscaping the Pocket Park in Golden Shores and the Seasonal Change of Flowers 9 Summary Minutes: Regular City Commission Meeting May 14,2002 City of Sunny Isles Beach, Florida Along 174th Street; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Public Works Director James Watts reported. Public Speakers: none Commissioner Edelcup complimented the proposals but questioned if there were also current plans to do similar plantings in the southern part ofthe City. He suggested that the City should be making similar improvements in the southern part of the City and on 159th Street. Commissioner Goodman moved and Commissioner Edelcup seconded a motion to approve the resolution. Resolution No. 2002-445 was adopted by a voice vote of 5-0 in favor. 9F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City to Enter into a Federal Equitable Sharing Agreement with the United States Department of Justice and Department of Treasury, Attached as Exhibit "A", to Receive Forfeited Property from the U.S. Department of Justice, Effective from October 1, 2002 through September 30,2005; Authorizing the Mayor and the Chief of Police to Execute Said Agreement; Authorizing the City Manager and Chief of Police to Do All Things Necessary to Effectuate this Agreement; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Police Chief Maas reported. Public Speakers: none Commissioner Kauffman moved and Commissioner Ede1cup seconded a motion to approve the resolution. Resolution No. 2002-446 was adopted by a voice vote of 5-0 in favor. 9G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Enter into an Agreement with First Southwest Company for Financial Advisory Services, Attached Hereto as Exhibit "A", on an Hourly Basis with a Cap Set at $9,500.00 for Assistance in Development of a Comprehensive Financing Plan for the City's Capital Improvement Program; and on an Hourly Basis with a Cap Set at $5,000.00 for Assistance with Putting Together a Rating Agency Presentation for the City and Obtaining a Credit Rating from the Rating Agencies; and to Assist as the City's Financial Advisor in Future Bond Issues or as Authorized by the City Manager; Authorizing the Mayor to Execute Said Agreement on Behalf of the City, Providing that the Agreement is Reviewed by the City Attorney; Authorizing the City Manager to Do All Other Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. 10 Summary Minutes: Regular City Commission Meeting May 14,2002 City of Sunny Isles Beach, Florida Action: City Clerk Brown-Morilla read the title and City Finance Director Jean Watson reported. Public Speakers: none Vice Mayor Iglesias moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2002-447 was adopted by a voice vote of 5-0 in favor. 9H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Miller, Legg and Associates, Attached Hereto as Exhibit "A" in Accordance with Resolution No. 2001-360, for the Preparation of Design Specifications and Construction Administration of a GazebolRestroom Building for the Senator Gwen Margolis Park, and of a Lifeguard Stand for the Gilbert Samson Memorial Oceanfront Park; Authorizing the Mayor to Execute the Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Agreement; Providing for an Effective Date. Action: [City Clerk's Note: this item was distributed at the meeting] City Clerk Brown- Morilla read the title and Deputy City Attorney Ottinot reported. Mayor Samson asked where was the design for the building and would a bathroom be included. He objected to the contract price. City Clerk Brown-Morilla explained that the contract was to authorize them to do the design work and then to administer the construction. Commissioner Goodman questioned the fees detailed in the backup, and Susan Simpson, Cultural and Human Services Director, emphasized that the contract was also to administer the actual construction and to prepare the design of a lifeguard stand, and a gazebo/restroom building. Public Speakers: none Mayor Samson passed the gavel and moved and Commissioner Ede1cup seconded a motion to defer to June 20, 2002. The motion to defer was approved by a voice vote of 5-0 in favor. 10. MOTIONS None 11. DISCUSSION ITEMS llA. Discussion regarding Transferable Development Rights (TDR's) Ordinance. Action: Deputy City Attorney Ottinot suggested that since the City Attorney and City Manager were not able to attend the meeting, but they had been working on the issues, it would be best to defer discussion until the May 21,2002 City Commission Workshop. 11 Summary Minutes: Regular City Commission Meeting May 14, 2002 City of Sunny Isles Beach, Florida Mayor Samson asked the City Clerk when had the City Commission approved hiring outside assistance for this process, and what was promised regarding when the work would be completed and presented. City Clerk Brown-Morilla clarified that when outside legal counsel was retained, the expressed hope was that the Land Development Regulations (LDR's) would be done by the end of May, 2002. [City Clerk's Note: see itell} 9F in Summary Minutes of February 21, 2002, and Resolution No. 2002-442] He further explained that while the City Attorney and City Manager had been working hard on the issues, our outside counsel noted that there were several key planning issues that had not been fully addressed in the draft prepared by our previous planning consultant. Consequently the City had recently hired new planning consultants and they needed more time to draft and complete the review process. Mayor Samson and Vice Mayor Iglesias said they did not want to wait and wanted to discuss the issues during this meeting. Deputy City Attorney Ottinot again requested deferral of the discussion. Vice Mayor Iglesias reviewed his calculations about how to value the TDR's, and he said he felt that the west side of Collins Avenue valuation figures being suggested might be somewhat high and the figures for the east side of Collins A venue might be somewhat low. Commissioner Edelcup expressed his thoughts and said the goal was to use current pricing not old historic pricing. Zoning Director Vera said one area where Commission guidance is needed is on which FAR is to be assumed in the calculations, the current FAR or for the probable FAR in the future. Vice Mayor Iglesias expressed the opinion that if price was going to fluctuate, then the average in FAR with bonuses and price being paid should be reviewed regularly (every two years, or more frequently). Commissioner Kauffman asked how could the City adjust the FAR if we had not first set the value ofTDR's. Mr. Vera responded that the TDR's and LDR's work together. Mayor Samson emphasized he'd like to have the issues brought to the City Commission by May 21, 2002. Mr. Vera eXplained the complexity of unresolved issues such as for a private to private transfer. Vice Mayor Iglesias summarized that the City still needed to focus on two issues: 1) the real cash value ofland and 2) the realistic FAR being used with bonuses. Mayor Samson said he'd like Vice Mayor Iglesias and Commissioner Edelcup to each independently work with Mr. Vera to propose formulas for the May 21, 2002 Special City Commission meeting. Public Speakers: none llB. Discussion regarding the Proposed County Historic Preservation (H.P.) Ordinance Giving Jurisdiction to the County's H.P. Board Over Incorporated Municipalities and Prohibiting Demolition by Neglect. Action: City Clerk Brown-Morilla noted that as drafted, the proposed ordinance could potentially have dramatic consequences for the City. He reported that the County's 12 Summary Minutes: Regular City Commission Meeting May 14,2002 City of Sunny Isles Beach, Florida Historic Preservation Board would be conducting a public hearing on the proposed ordinance the next day, Friday May 15,2002. Commissioner Ede1cup and Vice Mayor Iglesias expressed concern and asked what could be done. Deputy City Attorney Ottinot said he would review the proposed ordinance. Commissioner Goodman asked if the "Beautification Committee's" efforts to preserve architectural artifacts would be involved. The City Clerk said it was related, but was a different issue. Public Speakers: none Vice Mayor Iglesias moved and Commissioner Kauffman seconded a motion to quickly send a stern letter of opposition to the proposed ordinance. The motion was approved by a voice vote of 5-0 in favor. Mayor Samson asked Deputy City Attorney Ottinot to prepare the letter. 12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 13. ADJOURNMENT Vice Mayor Iglesias moved and Commissioner Ede1cup seconded a motion to adjourn the meeting. The motion was adopted by a voice vote of 5-0 in favor and the meeting was adjourned at 9:37 p.m. Re&?6ctfully submitted by: .t. . ..0:' ;., . 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