Loading...
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 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 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. 2 Regular City Commission Meeting Summary Minutes February 21. 2002 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 3 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." 4 Regular City Commission Meeting Summary Minutes February 21, 2002 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 5 Regular City Commission Meeting Summary Minutes February 21. 2002 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 6 Regular City Commission Meeting Summary Minutes February 21,2002 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. 7 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. 8 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: _:: ~..1 .. ~~it~~~u" -Richa~d-B!<?w,~-'MOljlla, City Clerk :. . (f W ...... . ."". I . p,... :" , ... \,- I~ ",S" .... . -...., ... 9