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HomeMy WebLinkAbout2001-1213 Regular City Commission Meeting SUMMARY MINUTES Thursday, December 13, 2001, 7:00 p.m. CITY OF SUNNY ISLES BEACH, FLORIDA ATTENTION 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 Samson at 7:03 p.m., with the following officials present: Mayor David Samson Vice Mayor Danny Iglesias Commissioner Norman S. Edelcup 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: Vice Mayor Iglesias led the Pledge of Allegiance to the flag and Richard Schulman gave the invocation. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - November 13, 2001. 3B. Special City Commission Meeting - November 15, 2001. Action: Commissioner Kauffman moved and Vice Mayor Iglesias 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/REVISIONS (AdditionslDeletions/Amendments) 4A. Request for Revisions and to Hear Items Out of Order. Actio,,: Mayor Samson noted there had been a hand-out of revisions to agenda item 8A, the Certificates of Use Ordinance; and FDOT had requested a revision to agenda item 9H, the new title ofthe Community Traffic Safety Team Advisory Committee; and to hear agenda Item 9B before Item SA. (Employee Dental, Life, L TD, and Vision) Regular City Commission Meeting Summary Minutes December 13,2001 City of Sunny Isles Beach, Florida Action: Commissioner Kauffinan moved and Vice Mayor Iglesias seconded a motion to approve the above-mentioned changes to the agenda. The motion was approved by a voice vote of 5-0 in favor. Mayor Samson read an introductory statement regarding decorum. 5. SPECIAL PRESENTATIONS SA. Police Officers of the Month for December, 2001 - Officers Rey Zamora and Ruben Zamora. Action: Police Chief Fred Maas introduced Officer Rey Zamora and his son Officer Ruben Zamora. ChiefMaas then read his report designating Officers Rey Zamora and Ruben Zamora as Police Employees of the Month for December 2001. He noted that these outstanding members of our Police Department were also honored by the Miami- Dade County Chiefs of Police Association as Officers of the Month. He gave each a certificate. Steve Lesnick, Co-Chairman ofthe private Public Safety Committee, gave each a check. 6. ZONING ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. Please be advised that the following items on the Commission Agenda are Quasi-Judicial in nature. If you wish to object or comment upon these items, please complete a Public Speaker's Card indicating the agenda item number on which you would like to comment. You must be sworn before addressing the Commission and you may be subject to cross-examination. If you refuse to submit to cross-examination, the Commission will not consider your comments in its final deliberation. Please also disclose any Ex-Parte communications you may have had with any Commission member. Commission members must also do the same pursuant to Ordinance No. 97-4. 6A. Request of Gene Mirvis, Owner of the Property Located at 19464 - 39th Avenue for the Following: [Hearing #Z2001-07] (Continued from 11/15/01) 1. Modification of Condition 2 of Resolution Z-120-94 passed and adopted by the Miami Dade County Commission on the 14th day of July, 1994, only as it applies to the subject property and reading as follows: From 2: That in the approval of the plan, the same be substantially in accordance with that submitted for hearing consisting of eleven sheets, sheet one entitled "Site Plan", as prepared by Robayna and Associates, Inc., and dated 3- 7 -94, second sheet entitled "Site Plan", as prepared by Robayna & Associates, and last dated 4-26-94, third sheet entitled "Guard House, 2 Regular City Commission Meeting Summary Minutes December 13, 200 I City of Sunny Isles Beach, Florida Perimeter Wall", dated 4-28-94, fourth sheet entitled "Model B Footprint", dated 5-18-94, fifth sheet entitled "Model A Footprint", dated 5-18-94, sixth sheet "Model A Elevation", dated 5-18-94, seventh sheet entitled "Model B Floor Plan Guest & Loft", dated 5-27-94, eighth sheet entitled "Model B Guest Suite Elevation", dated 6-1-94, ninth sheet entitled "Model B4 Elevations", dated 5-18-94, tenth sheet entitled "Model C Footprint", dated 5-19-94, and eleventh sheet entitled "Model C 4 Bedroom Elevation", dated 5-18-94, as prepared by Angles Esteban Assoc., Inc., except as herein modified as it pertains to the variance related construction. Any future addition on the property, which conform to Zoning Code requirements, will not require further public hearing action. To: That in the approval ofthe plan, the same be substantially in accordance with that submitted for hearing entitled" Survey", prepared by Robayna and Associates dated 2-7 -96 and plans entitled "Site Plan and Floor Plan", prepared by the applicant dated stamp received 9-16-01. The purpose of this request is to allow the applicant to modify the previously approved plan to show an addition to an existing single-family residence. 2. Special Exception and Unusual Use to permit a two-room addition not interconnected to an existing single-family residence and having a separate ingress and egress from the principal residence. Protests 0 Waivers o Ex-Parte 5 Action: City Clerk Brown-Morilla read the applicant's name, hearing number, location and administered the oath to the witnesses for the Zoning hearing. He asked ifthere were any ex-parte disclosures, and each member of the Commission disclosed that they had conversations with Ada Valiente Garcia. City Attorney Dannheisser read a disclaimer for the Zoning hearing. Public Speakers: Gene Mirvis; Planning Director Jorge Vera; Ada Valiente Garcia; Building Official Clayton Parker; Code Enforcement and Licensing Director Christopher Steers Mr. Mirvis said he had made no changes to the requested application. Mr. Vera read his report recommending approval. Ms. Valiente Garcia entered into the record a composite exhibit of photos of the property. Vice Mayor Iglesias moved and Commissioner Kauffman seconded a motion for approval of the request with the staff conditions, specifically noting that the property must remain a single family home. The motion was approved as Resolution No. 01- 3 Regular City Commission Meeting Summary Minutes December 13,2001 City of Sunny Isles Beach, Florida Z-64, by a roll call vote of 3-2 in favor. Vote: Commissioner Edelcup no Commissioner Goodman yes Commissioner Kauffinan yes Vice Mayor Iglesias yes Mayor Samson no 6B. Request ofthe City of Sunny Isles Beach, regarding the Property Located at 16275 Collins Avenue for the Following: [Hearing #Z2001-10] 1. City of Sunny Isles Beach is applying for a Reformation of Resolution 00-Z-48 passed and adopted by the City Commission of the Sunny Isles Beach on the 18th of May, 2000, to correct a technical error in the legal description of the property known as the Mandalay, reading as follows: From: Lots 95 and 96 and riparian thereto, of Tatum's Ocean Beach Park, according to the plat thereof, recorded in Plat Book 50 Page 76. To: The North 59 ft. of Lot 95 and the South 41 ft. of Lot 96, of Tatum's Ocean Beach Park, according to the plat thereof, recorded in Plat Book 5 Page 35, all lying East of State Rd AIA (AKA Collins Avenue). Protests 0 Waivers o Ex -Parte o Action: City Clerk Brown-Morilla read the applicant's name, hearing number, location and then administered the oath to the witnesses for the Zoning hearing. City Attorney Dannheisser read a disclaimer for the Zoning hearing. City Clerk Brown-Morilla asked if there were any ex-parte disclosures, and there were none. Public Speakers: Planning Director Jorge Vera; Stanley Price, Esq. Vice Mayor Iglesias moved and Commissioner Goodman seconded a motion for approval ofthe request with conditions. The motion was approved as Resolution No. 01-Z-65, by a roll call vote of 5-0 in favor. V ote: Commissioner Edelcup yes Commissioner Goodman yes Commissioner Kauffman yes Vice Mayor Iglesias yes Mayor Samson yes 4 Regular City Commission Meeting Summary Minutes December 13,2001 City of Sunny Isles Beach, Florida 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Providing for Intent; Amending Ordinance No. 99-82; Opting Out ofthe Requirements of Section 2-11.1(T) ofthe Code of Miami-Dade County, Commonly Known as the Cone of Silence Provision, So That it No Longer Applies to the City of Sunny Isles Beach; Providing for Severability; Providing for Repealer; Providing for Notice to Miami-Dade Commission of Ethics; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser reported. Public Speakers: none Commissioner Kauffinan 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 Thursday, January 17,2002, at 7:30 p.m. V ote: Commissioner Edelcup yes Commissioner Goodman yes Commissioner Kauffinan yes Vice Mayor Iglesias yes Mayor Samson yes 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending the Code of Ethics to Include a Provision Requiring that All Disclosures of Information Presented by Parties in Interest Making Such Representations or Requests to the City Commission or City Staffbe True and Accurate and Represent Complete and Full Disclosure, Including Any Additional Information Required, Unless Good Cause is Shown Why Such Disclosure Was Not Made; Providing that Upon a Finding by the City Commission that this Ordinance was Violated, Any Action Taken with Respect to the Matter, Whether Administratively or by Action of the City Commission, is Rendered Voidable Regardless of the Time Within Which Such Discovery is Made; Providing for Inclusion ofthis Ordinance in the City's Future Land Development Regulations; Providing for Severability; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser read from her report. Public Speakers: none Commissioner Kauffinan moved and Commissioner Edelcup seconded a motion to 5 Regular City Commission Meeting Summary Minutes December 13,2001 City of Sunny Isles Beach, Florida 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, January 17,2002, at 7:30 p.m. V ote: Commissioner Edelcup yes Commissioner Goodman ves Commissioner Kauffman yes Vice MayorIglesias 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, Repealing Ordinance No. 2001-128, and Amending Ordinance No. 2000-103 Entitled "Certificates of Use", Amending Definitions; Providing for Application Procedures; Providing for an Origination Fee of $80; Providing for a $35 Annual Renewal Fee; Providing for Specific Grounds for Denial; Providing for Duties ofthe Building Director, Zoning and Planning Director, and Code Enforcement and Licensing Department Director; Providing for Approval of Business Location; Providing for Procedures Pursuant to Which a Certificate of Use is Revoked; Providing for Right of Inspection; Providing Penalties for Violations; Providing for Severability; Providing for Inclusion in the Code; Providing for Repeal of Conflicting Provisions; Providing for an Effective Date. (First Reading 11/13/01) Action: City Clerk Brown-Morilla read the title and Code Enforcement and Licensing Director Christopher Steers reported that some minor changes were made to the proposed ordinance. Public Speakers: none Commissioner Goodman moved and Commissioner Kauffman seconded a motion to approve the ordinance, as amended. Ordinance No. 2001-145 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Edelcup 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, Repealing Ordinance No. 98-24, Establishing Standards and Requirements for 6 Regular City Commission Meeting Summary Minutes December 13, 2001 City of Sunny Isles Beach, Florida Newsracks Located on the Public Rights-of-Way; Providing for Purpose; Providing for Definitions; Providing for Location and Placement of Newsracks; Providing for Standards for Installation, Maintenance and Appearance of Newsracks by the City; Providing for Permit and Conditions for Permit; Providing for Allocation of News rack; Providing for Revocation of Permits; Providing for Appeal; Providing for Administrative Fees; Determining Newsrack Abandonment; Providing for Indemnification; Providing for Repeal of Conflicting Provisions; Providing for Severability; Providing for Inclusion of the Code and an Effective Date. (First Reading 11/13/01) Action: City Clerk Brown-Morilla read the title. City Attorney Dannheisser reported that copies ofthe proposal had been mailed to the various publishers, and that an attorney from the Miami Herald requested two minor changes: one was to correct a scrivener's spelling error on page two (2), paragraph 3, "decimation"; and an amendment to the definition of "newsrack" on page four (4) of the ordinance, to include after the words "advertising circulars", "including commercial racks and modularnewsracks", which are already defined in the ordinance. She said that she had agreed to the requested changes. Public Speakers: none Commissioner Kauffman asked when the approved ordinance would change the unattractive proliferation of newsracks, and when would we start enforcement requiring the color-coded newsracks. City Attorney Dannheisser said that this ordinance would become effective 120 days after second reading. City Manager Russo said there is no funding for this currently, and that it would be funded a couple of years in the future by a Special Assessment District. He said we might install one or two newsracks, perhaps in front of the Rascal House, and see what they look like. Commissioner Kauffman moved and Commissioner Goodman seconded a motion to approve the ordinance. Ordinance No. 2001-146 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, Items Set Forth in the Letter Agreement, Dated December 4,2001, Attached Hereto as Exhibit "A", by and between Spillis Candela & Partners, Inc., as 7 Regular City Commission Meeting Summary Minutes December 13,2001 City of Sunny Isles Beach, Florida the Architect Firm Retained for the Design ofthe New Government Center Facility Located at 18050 Collins Avenue in the City of Sunny Isles Beach, Subject to Certain Revisions as Specified in this Resolution; Authorizing the City Manager, City Attorney and Spillis Candela & Partners to Negotiate a Final Contract, to be Returned to the City Commission for Approval Which, When Competed, Will at a Minimum Reflect Substantially the Same Business Terms Set Forth in Exhibit "A" as Amended Herein; Providing for an Effective Date. Actio,,: City Clerk Brown-Morilla read the title and City Manager Russo reported. Public Speakers: Cecile Sippin Commissioner Goodman moved and Commissioner Edelcup seconded a motion to approve the resolution. Resolution No. 2001-398 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 Request for Proposals Bid No. 01-10-01 to Jefferson Pilot Life Insurance Company for the City of Sunny Isles Beach Employees Group Dental, Life and Long Term Disability, as Detailed in the Policies Attached Hereto as Exhibit "A"; and to Eye Med for Vision Insurance, Option 2, as Detailed in the Policy Attached Hereto as Exhibit "B"; Authorizing the City Manager to Do All Things Necessary to Effectuate the Intent of this Resolution; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo reported. Public Speakers: none Commissioner Kauffman moved and Commissioner Edelcup seconded a motion to approve the resolution. Resolution No. 2001-399 was adopted by a voice vote of5-0 in favor. 9C. Public Hearing A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending the Permit Agreement by and between the City of Sunny Isles Beach and the Newport Operating Management Corp., D/B/A Newport Beachside Resort, its Successors or Assigns ("Permittee"), Dated November 2, 1999, Approved by Resolution 99-171; Providing for Incorporation of Recitals; Providing for Approval of Changes in Originally Approved Specifications and Permittee's Obligations; Providing for an Effective Date. 8 Regular City Commission Meeting Summary Minutes December 13, 2001 City of Sunny Isles Beach, Florida Action: City Clerk Brown-Morilla read the title, City Attorney Dannheisser reported on the 99-year permit agreement, and then Mayor Samson opened the public hearing. Public Speakers: Stanley Price, Esq.; Dr. Robert Cornfeld Mr. Price noted that if approved, the agreement would result in a total revamping and beautification of Pier Park, whereby the Newport will be expending in access of$500,000. Some of the features of the Park will be benches, walkways that are being provided on both sides, pavers, enhanced landscaping, and 24 parking spaces, which presently take up a portion of the Park, would be moved inside the parking garage. Under the prior arrangement with the City, the City had proposed that service vehicles, such as garbage trucks and delivery trucks, would enter and exit through the park easement area, but under the new proposed plan, all service vehicles would enter and exit through a separate entrance, not through the park area. Mayor Samson requested that the words "no trucks or trailers" be put in the permit. He asked who is going to maintain this from the street to the sand and City Attorney Dannheisser stated that the permittee would maintain it. Dr. Cornfeld stated that Newport Resort maintains it and would continue to maintain the Park for 99 years. Mayor Samson passed the gavel and moved, and Commissioner Kauffinan seconded, a motion to approve the resolution, as amended at the meeting, that all service vehicles have a separate service entrance. Resolution No. 2001-400 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 Agreement with Rachlin Cohen & Holtz for Professional Auditing Services, Attached Hereto as Exhibit "A", in the Amounts of $24,500 for Fiscal Year 2001; $26,000 for Fiscal Year 2002; and $27,500 for Fiscal Year 2003; Authorizing the City Manager to Negotiate and Execute the Agreement Attached as Exhibit "A"; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo reported. Public Speakers: none Commissioner Kauffinan moved and Commissioner Edelcup seconded a motion to approve the resolution. Resolution No. 2001-401 was adopted by a voice vote of5-0 in favor. 9 Regular City Commission Meeting Summary Minutes December 13,2001 City of Sunny Isles Beach, Florida 9E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Request for Additional Compensation in the Amount of$9,500 Under the Contract between the City of Sunny Isles Beach and Luft Consulting, Inc., for Professional Services in Connection with the Preparation of the Land Development Regulations; Authorizing the City Manager to Do All Things Necessary to Effectuate Said Change Order; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo reported. Public Speakers: none Vice Mayor Iglesias moved and Commissioner Edelcup seconded a motion to approve the resolution. Resolution No. 2001-402 was adopted by a voice vote of 5-0 in favor. 9F. (i) A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Make Application for the State of Florida Highway Beautification Grant on Behalf ofthe City in the Amount of$123,604 with Matching Funds from the City Based on Conceptual Plans Provided by O'Leary Design Associates, P.A., Attached as Exhibit "A"; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title of each Resolution and City Manager Russo reported. Public Speakers: none Commissioner Goodman moved and Commissioner Kauffinan seconded a motion to approve the resolution. Resolution No. 2001-403 was adopted by a voice vote of5-0 in favor. (ii) A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Apply for, Receive and Accept by Execution of, a Highway Landscaping Maintenance Memorandum of Agreement with the Florida Department of Transportation; Directing the City Clerk to Transmit Certified Copies ofthis Resolution to the Florida Department of Transportation and All Other Persons as Directed by the Mayor and City Commission; Providing for an Effective Date. Action: Commissioner Goodman moved and Commissioner Kauffman seconded a motion to approve the resolution. Resolution No. 2001-404 was adopted by a voice vote of 5-0 in favor. 10 - Regular City Commission Meeting Summary Minutes December 13,2001 City of Sunny Isles Beach, Florida 9G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Reappointing Judge Marshall Ader (Retired), Judge Robert Newman (Retired) and Darcee Siegel as Special Masters, for a Period of One Year, in Accordance with Ordinance No. 2001-141; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo reported. Public Speakers: none Commissioner Kauffman moved and Vice Mayor Iglesias seconded a motion to approve the resolution. Resolution No. 2001-405 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, Amending Resolution No. 2001-383; Renaming the Community Traffic Safety Team Advisory Committee to Community Traffic Safety Team and American Disabilities Act "AD}-.." Advisory Committee; Providing for Additional Responsibilities; Providing for Additional Members and Its Purpose; Providing for Appointment of Members, Terms and Specific Advisory Capacity; Providing for Removal and Vacancies; Providing for Powers and Duties; Providing for an Effective Date. * [City Clerk's note: the Committee title was changed at the meeting at the request of FDOT] Action: City Clerk Brown-Morilla read the revised title* and City Manager Russo reported. Public Speakers: none Commissioner Kauffman asked about available ADA funding and ifthe City would get monies from the handicapped parking permit fees. Mayor Samson advised that since the City's incorporation, although Police officers were issuing tickets for illegal handicapped parking within our City, the City had never received any of the fines, which had gone to the County. Mayor Samson noted that he had contested this situation. He explained that eventually the City entered into an Interlocal Agreement with Miami-Dade County that required the City to create an ADA advisory committee. We then would be qualified to receive the money from fines to be used for the handicapped accessibility expenses. Mayor Samson expressed the hope that funding might be retroactive from the beginning of our incorporation. He suggested we are going to repair the sidewalks and streets, and insert ramps where needed, for compliance with the ADA. Commissioner Kauffman moved and Vice Mayor Iglesias seconded a motion to approve the resolution. Resolution No. 2001-406 was adopted by a voice vote of5-0 in favor. 11 Regular City Commission Meeting Summary Minutes December 13,2001 City of Sunny Isles Beach, Florida Mayor Samson then appointed Lila Sterling and Gene Sweed as the two additional committee members, and the City Commission agreed. 91. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Selecting Sunny Isles Dry Cleaners, Inc. to Provide Dry Cleaning Services for the Police Department in an Amount Not to Exceed $13,500; Authorizing the Chief of Police to Expend Said Amount from Police Department Budgeted Funds; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Police Sergeant Michael Grandinetti reported. Public Speakers: none Commissioner Kauffinan moved and Vice Mayor Iglesias seconded a motion to approve the resolution. Resolution No. 2001-407 was adopted by a voice vote of 5-0 in favor. 9J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Mayor to Apply for, Receive and Expend Funds from the Florida Department of Law Enforcement, Local Block Grant, in the Amount of $10,000 in Local Grant Funds With a City Cash Match of$1 ,588.95; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and Sergeant Michael Grandinetti summarized. Public Speakers: none Commissioner Kauffinan moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2001-408 was adopted by a voice vote of 5-0 in favor. 9K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2001-379 Establishing a Revised Schedule for City Commission Meetings for the Remainder of Calendar Year 2001, by Scheduling a Special City Commission Meeting on Thursday, December 20, 2001; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and reported. Commissioner Kauffinan asked exactly what it was about because she would be unable to attend. The topic is to consider first reading of an ordinance amending the Comprehensive Plan regarding the sale of transferable development rights. 12 Regular City Commission Meeting Summary Minutes December 13,200 I City of Sunny Isles Beach, Florida Public Speakers: none Commissioner Ede1cup moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2001-409 was adopted by a voice vote of5-0 in favor. 9L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2001-380 Establishing a Schedule for City Commission Meetings for the Calendar Year 2002, by Scheduling a Special City Commission Meeting on Tuesday, January 29, 2002; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo reported that the meeting was to consider an award of a bid for the Golden Shores Drainage and Pavement Improvement Project. Public Speakers: none Commissioner Edelcup moved and Vice Mayor Iglesias seconded a motion to approve the resolution. Resolution No. 2001-410 was adopted by a voice vote of 5-0 in favor. City Manager Russo asked for two workshops to be scheduled on Thursday, January 10,2002: at 2:00 p.m., for "pending agenda items," and with the second workshop at 7:00 p.m. for discussion on the redevelopment of Sunny Isles Boulevard. The City Commission concurred in the request to schedule the workshops. 10. MOTIONS None 11. DISCUSSION ITEMS llA. Discussion regarding a Request from Stanley Price, Esq., to Vacate a Portion of the Right-of-Way Along Atlantic Boulevard and 175th Terrace, in Favor of his Client [City Clerk's note: J. Milton]. Action: City Clerk Richard Brown-Morilla read the title. City Manager Russo reported. Public Speakers: Stanley Price, Esq.; William Lone; Cecile Sippin; Gene Sweed; Phillip Chernoff 13 Regular City Commission Meeting Summary Minutes December 13, 200 I City of Sunny Isles Beach, Florida Mr. Price said that his client realized that the property had an unusual feature. He asserted that unlike what might generally happen when a municipality builds a sidewalk, they build it at the edge of the right-of-way line. He said that on this particular corner property, the County built the sidewalk within the right-of-way line. He stated that there is also a drainage problem on this corner, which has not been addressed by anyone to date. Mr. Price stated that his client wishes to have the right-of-way vacated subject to several conditions and they have met with several members ofthe Commission regarding these conditions. He said they 1) had submitted a Declaration of Restrictive Covenants to the City that precludes any construction of any building within the right-of-way be vacated; 2) they had agreed that in the event that they do not obtain site plan approval for this property within 24 months, the vacation would go back to the City; and 3) they had been asked that in the event that they sell the property prior to construction, then the right-of- way would also revert back to the City. Mr. Price also said Bill Lone had approached his client several months before in regard to his efforts to beautify Atlantic Boulevard. Mr. Price said that his client had been asked as a potential purchaser, whether they would cooperate with that program. Mayor Samson reported that the City had just received written notice from the Miami- Dade County School Board of Education that they may be interested in purchasing the site to build a school. Vice Mayor Iglesias questioned the City's future maintenance and liability of the area. Mr. Price stated that they accept and are required to maintain it and pay taxes on it. Vice Mayor Iglesias asked who would be liable ifthe request was approved and later a person was hurt in a trip and fall. Mr. Price said yes his client would take the responsibility. Commissioner Goodman questioned Mr. Price regarding the Board of Education's notice of their interest in purchasing the site. He asked ifMr. Price would wait until after the School Board decides if they want the site. Mr. Price responded that his client wants to go on with the request for vacating the right-of-way, but offered not to proceed with a Zoning application until the expiration date that is stated in the letter from the Board of Education. City Attorney Dannheisser noted that ifthe City Commission wanted to have this happen, the City would first have to go through the notice and formal procedures to vacate. Commissioner Kauffinan and Commissioner Edelcup questioned the timing of the request coming before the Commission since they had not seen a site plan yet or Zoning application. 14 Regular City Commission Meeting Summary Minutes December 13, 200 I City of Sunny Isles Beach, Florida Commissioner Goodman moved and Vice Mayor Iglesias seconded a motion directing the staff and the City Attorney to look into the various aspects of vacating the property. The motion was approved by a voice vote of 5-0 in favor. lIB. Report from the Fashion, Film, Entertainment and Production Council, presented by Chairperson Connie Morrow regarding: 1) A proposal to co-sponsor a series of monthly networking, business card exchanges, and socializing events for the film and video production industry at various locations in the City; and 2) A proposal to coordinate a Family Fashion Show featuring clothing from our City's stores. Action: City Clerk Richard Brown-Morilla read the title and Connie Morrow, Chairperson of the Fashion, Film, Entertainment and Production Council, reported. Commissioner Edelcup expressed support for the ideas, and there was no opposition. 11 C. Add-on: Mayor Samson asked Vice Mayor Iglesias to do everything possible to expend more efforts in the revitalization and redevelopment of Sunny Isles Boulevard and to report back to the City Commission at the next meeting. Mayor Samson stated that he hoped to revitalize the Boulevard in the very near future. 11D. Add-on: Mayor Samson announced that official dedication ofthe "Senator Gwen Margolis Park" would occur on Sunday, December 16,2001, from 11 :00 a.m. to 4:00 p.m. He invited all City residents to enjoy the special events ofthe day. UE. Add-on: Commissioner Kauffinan reported on attending the most recent Miami-Dade League of Cities meeting. She said they are spending a lot of money for touch-screen voting systems, and that there will be a demonstration in every city. She noted that the new voting system would include three languages on the screen, and that if a voter makes a mistake or has a change of mind, it will be possible for them to correct it on the screen. 12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 15 Regular City Commission Meeting Summary Minutes December 13,2001 City of Sunny Isles Beach, Florida 13. ADJOURNMENT Commissioner Kauffman moved and Commissioner Goodman 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 9:25 p.m. ''I.', ~ ~. .Jtesp'eetfU!ly submitted by: , ~ "', '. '. \..)" \. I "', I \......., " \ ... /. ~~~L{Cl ~ ~ ~cha~(fB'rown:~10rilla, City Clerk q . . , ' '. JI!. .. 16