HomeMy WebLinkAbout2002 0221 Regular City Commission Meeting
SUMMARY MINUTES
Regular City Commission Meeting
Thursday, February 21, 2002, 7:30 p.m.
CITY OF SUNNY ISLES BEACH, FLORIDA
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AGENDA
1. CALL TO ORDERlROLL CALL OF MEMBERS
The meeting was called to order by Mayor Samson at 7:01 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 Manager Christopher J. Russo
City Attorney Lynn M. Dannheisser
City Clerk Richard Brown-Morilla
2. PLEDGE OF ALLEGIANCE AND INVOCATION
Action: Mayor Samson introduced Joanna Forbes Machado, a City resident, and he
congratulated her on having recently become a United States citizen. He asked Ms. Forbes
Machado to lead everyone in the Pledge of Allegiance .to the flag.
3. APPROV AL OF MINUTES
3A. Regular City Commission Meeting - January 17,2002.
3B. Special City Commission Meeting - January 29,2002.
3C. Special City Commission Meeting - February 5, 2002.
Action: Vice Mayor Iglesias moved and Commissioner Kauffman seconded a motion to
approve the above-mentioned Summary Minutes. The motion was approved by a voice
vote of 5-0 in favor.
Regular City Commission Meeting Summary Minutes February 21. 2002
City of Sunny Isles Beach, Florida
4. ORDER OF BUSINESS (AdditionslDeletions/Amendments)
4A. Request to revise items 7 A and 9D, and add the following new items to the agenda: 9F,
directing the City Attorney to retain the services of Diana Grub Frieser, Attorney, as outside
Zoning Counsel; and 9G, modifying General Fund.
Action: Mayor Samson reported there had been a handout of revisions to agenda items 7 A
and 9D and there were two requested add-on resolutions, agenda items 9F & 9G.
Commissioner Kauffman moved and Commissioner Goodman seconded a motion to revise
and add the above-referenced agenda items. The motion was approved by a voice vote
of 5-0 in favor.
Mayor Samson read an introductory statement regarding decorum.
5. SPECIAL PRESENT A TIONS
SA. Police Employee of the Month for February, 2002 - Dispatcher Milagros Antela.
Action: Police Chief Fred Maas introduced Dispatcher Milagros Antela, and then read his
report designating Dispatcher Antela as Police Employee of the Month for February 2002.
Chief Maas gave her a certificate, a check, and her official Police Dispatcher Badge. Irving
Diamond also presented Ms Antela with a certificate and a check from the Concerned
Citizens of Northeast Dade.
6. ZONING
No Zoning Hearings Were Scheduled
7. ORDINANCES FOR FIRST READING
7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Establishing a Monthly Parking Permit Fee for Parking Meters Located in the City;
Providing for Purpose and Intent; Providing for the Issuance of Permits by the Public Works
Department; Providing for the Revocation of Permits: Providing for Renewal of Parking
Permits: Providing for Exclusion of Certain Types of Vehicles: Providing for Hours of
Operation: Providing for Enforcement and Collection of Fees: Establishing an Hourly Meter
Rate: Providing Authority to City Manager to Change Meter Rates by Ordinance:* Providing
for Transfer or Replacement of Permits; Providing for Penalty; Providing for Severability;
Providing for Inclusion in Code; Providing for an Effective Date.
Action: [City Clerk's Note: Revised Ordinance was distributed at meeting*] City Clerk
Brown-Morilla read the title and Public Works Director James Watts reported.
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City of Sunny Isles Beach, Florida
Public Speakers: none
Commissioner Goodman moved and Vice Mayor Iglesias seconded a motion to approve the
proposed ordinance as amended 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, March
21, 2001, *Tuesday, March 19,2002, at 7 :30 p.m. * [City Clerk's Note: later in the meeting
the Commission approved a resolution changing the date of the Regular City Commission
meeting in March to Tuesday, March 19, 2002J
V ote: Commissioner Edelcup yes
Commissioner Goodman yes
Commissioner Kauffman yes
Vice Mayor Iglesias yes
Mayor Samson yes
8. ORDINANCES FOR SECOND READING (Public Hearings)
None
9. RESOLUTIONS
9A. Public Hearing (Continued from 2/5/02)
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Directing
Staff to Proceed with Vacation of a Portion of the Right-of-Way (Which is not a
Roadway) Along Atlantic Boulevard and 175th Terrace, Adjacent to Lots 5, 6 and 7,
Block 9, Sunny Isles Shores, Section "B," as Recorded in Plat Book 65, at Page 47, of the
Public Records of Miami-Dade County More Particularly Described in Exhibit "A";
Providing for Approval of a Declaration of Restrictive Covenants to be Attached as Exhibit
"B" and Providing for an Easement Agreement, Attached as Exhibit C-l, to be Recorded in
the Public Records of Miami-Dade County and a Termination of Easement Agreement and a
Quit Claim Deed Attached hereto as Exhibits "C-2 and C-3," to be Held in Escrow by City
Clerk and Providing for Effectuation as Authorized by Law; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser reported.
Public Speakers: Stanley Price, Esq.; Jose Milton
Stanley Price, Esq., requested that the City vacate part of a right-of-way adjacent to the
subject property, which he said is being purchased by Joseph Milton. Mr. Price referred to
the last meeting (February 5,2002) when issues came up regarding whether or not his client
had submitted all of the proper documentation to the City. He described in detail the
documents that were submitted to the City Attorney and were included in the agenda
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Regular City Commission Meeting Summary Minutes February 21,2002
City of Sunny Isles Beach, Florida
package. He emphasized that the right-of-way is not a roadway, but a land area that is on the
side of the property.
Mr. Price stated that his client had filed a formal zoning application with the City seeking
permission to build a particular building. He said they hoped to appear before the
Commission within the next two months to present the plan to the Commission, and that in
the event that the majority of the Commission does not accept the plan, the deed would be in
the City's possession and it would automatically revert back to the City. He suggested that
granting the vacation at this time would permit his client to file an application without the
need for additional variance requests, as a result of the additional space from the vacated
area. The applicant has agreed by covenant that they would maintain the area, and the
insurance on this area, and would free the City of any responsibility in regard to this area.
Commissioner Edelcup expressed opposition to the request and presented concerns with the
process of considering the vacation of the right-of-way in the absence of reviewing the
zoning application, that Mr. Price had previously noted would require a variety of variances.
He commented that if the City were to grant this vacation, it would in fact be the equivalent
of granting a variance without reviewing the developer's site plan through a proper Zoning
hearing. He further said that by giving the developer this right-of-way, a small strip of land,
you are adding land which could then be counted towards density, and therefore the
developer avoids having to ask for as much of a density variance. He also noted that if the
City Commission does it this way, the developer does not have to prove a "hardship."
Commissioner Edelcup commented that the City would be giving away a strip of public land
and receiving nothing in return for abandoning the public purpose. He expressed support for
the concept of the King David project and for the reputation of the developer. Commissioner
Edelcup moved to deny the requested item; however Mayor Samson asked that the motion
be held to allow other members of the City Commission to speak on the issues.
Commissioner Kauffman objected to considering the vacation request in the absence of the
actual zoning application. Vice Mayor Iglesias expressed support for the request, and
emphasized the risk of possible trip and fall litigation if the City continues to retain the right-
of-way. Commissioner Goodman noted that the zoning variance application was already set
for public hearing on March 21, 2002, and so he said that he is currently opposed to
considering the vacation without knowing what building was being requested. Mayor
Samson praised Mr. Milton's record of development and his support for the City. Mayor
Samson asserted that if the approval of the vacation didn't happen at this time, the
developer's project would fail.
Vice Mayor Iglesias and Mayor Samson expressed strong support for approval of granting
the vacation. Mayor Samson asked Mr. Milton if he would sign an agreement to buy
transferable development rights (TDR's) for the equivalent amount of land once the TDR
rules are established, and Mr. Milton said "yes."
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City of Sunny Isles Beach. Florida
Mr. Price asserted that the variance requests in their zoning application that the Commission
would be considering in March, had been prepared based on the assumption that the vacation
was favorably approved. [City Clerk's note: see comments below for Mr. Vera's correction
regarding that assumptionJ
Commissioner Edelcup moved and Commissioner Goodman seconded a motion to deny the
request. The motion to deny was approved by a roll call vote of 3-2 in favor.
Vote: Commissioner Ede1cup ~
Commissioner Goodman ~
Commissioner Kauffman ~
Vice Mayor Iglesias no
Mayor Samson no
Mr. Price then asked the Commission to reconsider the motion, and then to allow him to
withdraw the vacation request. He stated that he would prefer to present the requested
vacation again in March, when the zoning application for the project would be heard, without
having the previous denial being on the record. Vice Mayor Iglesias asked Mr. Price to
present the zoning application both with the assumption of the vacation being granted, and
also under the assumption that the application was status quo, without the land being vacated.
Commissioner Kauffman moved and Commissioner Edelcup seconded a motion to
reconsider the motion. City Clerk Brown-Morilla and City Attorney Dannheisser sought to
clarify procedural issues. After discussion, the motion to reconsider was withdrawn.
City Clerk Brown-Morilla sought clarification regarding the necessary legal wording of the
public notice that would be required in-light of Mr. Price's statement that the zoning
application for consideration in March was based on the assumption that the vacation was
approved, coupled with Vice Mayor Iglesias' request to consider two alternative versions of
the zoning application. Jorge Vera clarified that Mr. Price's assumption was incorrect, since
the wording of the public zoning notice was written without an assumption that the vacation
of the right-of-way had been approved; and so the wording of the current zoning notice
would be accurate and sufficient.
9B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Requiring S
& G of Miami Beach, Inc., Its Successors and/or Assigns, to Reimburse the City of
Sunny Isles Beach for Necessary Professional Fees Incurred, in Accordance with Ordinance
No. 2001-132, in the Amount of $3,167.10; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title, and he and the City Manager explained the
item, since the City Attorney was momentarily out of the room.
Public Speakers: none
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City of Sunny Isles Beach. Florida
Vice Mayor Iglesias moved and Commissioner Kauffman seconded a motion to approve
the resolution. Resolution No. 2002-418 was adopted by a voice vote of 5-0 in favor.
9C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Ranking of Construction Management Firms Pursuant to S287.055, F.S. (2000) and
Authorizing the City Manager to Negotiate an Agreement by and between the City of Sunny
Isles Beach and The Weitz Company, Inc., for the Construction of City Hall and
Accessory Structure(s) Related to the City Hall; Authorizing the City Manager to
Negotiate with the Second and Third Ranked Firms Should the City be Unable to Negotiate a
Satisfactory Contract with The Weitz Company, Inc. that is Fair, Competitive and
Reasonable; Authorizing the City Manager to Do All Things to Effectuate the Resolution;
Providing for an Effective Date. (RFQ No. 01-12-02)
Action: City Clerk Brown-Morilla read the title and City Manager Russo reported.
Public Speakers: Len Martling, President of The Weitz Company, Inc.
Commissioner Goodman moved and Commissioner Edelcup seconded a motion to approve
the resolution. Resolution No. 2002-419 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, Approving
an Consultant Agreement with Beiswenger Hoch and Associates, Inc. (BH&A), for
Construction Engineering Inspection Services, Attached Hereto as Exhibit "A", in the
Amount *Not to Exceed ef $229,829.00, for the Golden Shores Drainage and Street
Improvement Project; Providing the City Manager the Authority to Do All Things
Necessary to Effectuate the Agreement; Providing for an Effective Date.
Action: [City Clerk's Note: Pages 85 & 86 were revised and distributed (Fee Estimate &
Field Expenses of Attachment to Agreement)J City Clerk Brown-Morilla read the title. City
Manager Russo noted that there had been a reduction in some ofthe charges, and he requested
*revising the wording of the resolution to provide that the cost amount not exceed the total.
Public Speakers: none
Commissioner Kauffman moved and Vice Mayor Iglesias seconded a motion to approve
the *amended resolution. Resolution No. 2002-420 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 a
Second Addendum to Consultant Agreement between the City of Sunny Isles Beach
and O'Leary Design Associates, PA, Attached Hereto as Exhibit "A", for Professional
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City of Sunny Isles Beach, Florida
Services Associated with Signage and Graphic Design Services for the Median Area on
Collins A venue (SR AlA), Including the William Lehman Causeway Intersection, in the
Total Amount Not to Exceed $21,820.00; Providing the City Manager the Authority to Do
All Things Necessary to Effectuate the Second Addendum to Agreement; Providing for an
Effective Date.
Action: City Clerk Brown-Morilla read the title and City Manager Russo reported.
Public Speakers: none
Commissioner Goodman moved and Commissioner Edelcup seconded a motion to approve
the resolution. Resolution No. 2002-421 was adopted by a voice vote of 5-0 in favor.
9F. Add-On
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Directing the
City Attorney to Retain the Services of Diana Grub Frieser, Attorney-at-Law, as Outside
Zoning Counsel, Specifically to Review the Proposed Land Development Regulations, of
the City of Sunny Isle Beach, for a Fixed Fee of $25,000, with the Work to be Concluded
Within 90 Days from Commencement; Authorizing the City Attorney and the City Manager
to Do All Things Necessary to Assist in this Task; Providing for an Effective Date.
Action: [City Clerk's Note: This item was distributed at the meeting; see item 4A aboveJ
City Clerk Brown-Morilla read the title and City Attorney Dannheisser reported. Vice Mayor
Iglesias asked if the Land Development Regulations (LDR' s) would be completed by May and
City Attorney Dannheisser said yes they would be done by the end of May. Commissioner
Goodman asked why the amount of funding in the budget was for $35,000 [City Clerk's Note
see next agenda item, 9GJ when the listed amount of expense would be a maximum of
, $28,000.
Public Speakers: none
Commissioner Kauffman moved and Vice Mayor Iglesias seconded a motion to approve
the resolution. Resolution No. 2002-422 was adopted by a voice vote of 5-0 in favor.
9G. Add-On
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Modifying
the General Fund by Moving $35,000 from the "Contingency" Line Item Under
Administrative Service, to the "Other Legal Services" Line Item Under City Attorney;
Providing for an Effective Date.
Action: [City Clerk's Note: This item was distributed at the meeting; see items 4A and 9F
aboveJ City Clerk Brown-Morilla read the title and City Manager Russo reported.
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Regular City Commission Meeting Summary Minutes February 21, 2002
City of Sunny Isles Beach, Florida
Public Speakers: none
Commissioner Goodman moved and Commissioner Edelcup seconded a motion to approve
the resolution. Resolution No. 2002-423 was adopted by a voice vote of 5-0 in favor.
9H. Add-On
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Resolution No. 2002-415 Establishing a Revised Schedule for City Commission Meetings
for the Calendar Year 2002, by Changing the March 21, 2002 Regular City Commission
Meeting to Tuesday, March 19,2002; Providing for an Effective Date.
Action: Commissioner Kauffman requested a change in the date for the Regular City
Commission meeting in March from Thursday 3/21/02 to Tuesday, March 19,2002.
Commissioner Goodman moved and Commissioner Kauffman seconded a motion to
approve the resolution. Resolution No. 2002-424 was adopted by a voice vote of 5-0 in
favor.
10. MOTIONS
None
11. DISCUSSION ITEMS
11A. Discussion on the Redevelopment of Sunny Isles Boulevard.
Action: Vice Mayor Iglesias suggested moving forward immediately on the reduction of the
width of the Sunny Isles Boulevard roadway by taking the outermost, inner loop lane, which
would pick up 12 feet, plus the feasibility of leaving the drainage structures. He suggested
buying more land to make any roadway changes, and doing the reduction by picking up 18
feet in total. He summarized be saying that this could be done by taking a foot from each
lane, plus three feet from the outermost lane, and another 12 feet from the innermost lane. He
suggested that the 18 feet be divided on either side, or whichever side better fits the
alignment. He also proposed that by adding a canopy of trees and decorative lighting, the City
would have a nice entrance feature into Sunny Isles Beach. Commissioner Goodman asked if
he was recommending only reducing the eastbound roadway, and Vice Mayor Iglesias said
"yes." The consensus among the Commission was that the City Manager should proceed to
explore this possible scenario with FDOT.
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Regular City Commission Meeting Summary Minutes February 21, 2002
City of Sunny Isles Beach, Florida
llB. Verbal Report from City Clerk regarding New Voting Procedures and a Campaign for
Public Awareness.
Action: City Clerk Brown-Morilla reported on the new statewide touch screen voting, saying
that there will be an extensive public relations campaign, and that we would have a sample
voting machine in the lobby of City Hall by April. Mr. Brown-Morilla reported that use of
absentee ballots in future elections is expected to increase. He also noted that the Legislature
had eliminated the second primary for 2002. There will be an election on September 10,
2002, and the General Election will be on November 5, 2002.
12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
None
13. ADJOURNMENT
Commissioner Goodman moved and Vice Mayor Iglesias seconded a motion to adjourn the
meeting. The motion was adopted by a voice vote of 5-0 in favor and the meeting was
adjourned at 8:47 p.m.
Respectfully submitted by:
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-Richa~d-B!<?w,~-'MOljlla, City Clerk
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