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HomeMy WebLinkAbout2004 0909 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, September 9, 2004, 7:30 p.m. City of Sunny Isles Beach, Florida A TTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Ede1cup at 8:05 p.m., with the following officials present: Mayor Norman S, Ede1cup Vice Mayor Gerry Goodman Commissioner Roslyn Brezin Commissioner Danny Iglesias Commissioner Lewis J. Thaler City Manager Christopher J, Russo City Attorney Lynn Dannheisser City Clerk Jane A. Hines 2. PLEDGE OF ALLEGIANCEIINVOCA TION Action: Mayor Ede1cup led the Pledge of Allegiance to the flag. Richard C. Schulman gave an invocation. Mayor Ede1cup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - July 22, 2004. Action: Vice Mayor Goodman moved and Commissioner Thaler 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 (Additions/Deletions/ Amendments) 4A. Request to Hear Items: Hear 12A before Item 3A; Revised Page 1 of Item 7B, the Submerged Lands Ordinance; Revisions to lOA and lOB; and an Add-On Item 1OD. Action: Mayor Ede1cup noted the above changes. Commissioner Iglesias moved and Vice Mayor Goodman seconded a motion to approve the above changes. The motion was approved by a voice vote of 5-0 in favor. Summary Minutes: Regular City Commission Meeting September 9, 2004 City of Sunny isles Beach, Florida s. SPECIAL PRESENT A TIONS None 6. ZONING HEARINGS None 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending the Historic Preservation Ordinance No. 2004-197 to Include Two Additional Members to the Historic Preservation Board and to Provide a Process to Appeal Decisions Made by the Board; Providing for a Repealer; Providing for Inclusion in the Code; Providing for Severability; and Providing for an Effective Date, Action: City Clerk Hines read the title and City Attorney Dannheisser reported. Public Speakers: none Vice Mayor Goodman moved and Commissioner Brezin seconded a motion to approve the proposal 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 Wednesday, September 22, 2004, at 7:00 p.m. Vote: Commissioner Brezin yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Goodman yes Mayor Ede1cup yes 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-5 of the Land Development Regulations to Include Submerged Lands as Property to be Counted for Density and Intensity Purposes; Providing for Inclusion into the Code; Providing for Severability; Providing for an Effective Date. Action: City Clerk Hines read the title and City Attorney Dannheisser and Shelley Eichner reported and noted a correction made on page 1 of the Ordinance replacing the word "excavated" with "deducted". Public Speakers: Joe Milton; Cliff Schulman, Esq. Commissioner Brezin asked if the tax on submerged land is the same as the tax on upland, 2 Summary Minutes: Regular City Commission Meeting September 9, 2004 City of Sunny Isles Beach. Florida and Joe Milton said yes, the tax is the same. Commissioner Thaler asked about the tax rate on submerged land versus upland, and City Manager Russo said that he had called the tax appraiser who said that submerged lands are taxed at a substantial amount less than uplands. City Attorney Dannheisser said that the Ordinance will be applied throughout the City. Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the proposal on first reading, as amended. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be held on Wednesday, September 22, 2004, at 7:00 p.m. Vote: Commissioner Brezin yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Goodman yes Mayor Ede1cup yes 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) None 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Release of Declaration of Restriction for the Desert Inn Beach Club, Attached Hereto as Exhibit "A"; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date, Action: City Clerk Hines read the title and Planning and Zoning Administrator Jorge Vera reported. City Attorney Dannheisser noted that a revised Resolution was distributed for clarification that this property no longer exists as a hotel. Public Speakers: Henry Kay Commissioner Brezin moved and Commissioner Thaler seconded a motion to approve the resolution, as amended. Resolution No. 2004-700 was adopted by a voice vote of 5-0 in favor. 3 Summary Minutes: Regular City Commission Meeting September 9, 2004 City of Sunny isles Beach, Florida lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Release of Two Covenants for the Desert Inn Beach Club, Attached Hereto as Exhibit "A" and "B"; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; providing for an Effective Date. Action: City Clerk Hines read the title and Planning and Zoning Administrator Jorge Vera reported, City Attorney Dannheisser noted that a revised Resolution was distributed for clarification that this property no longer exists as a hotel. Public Speakers: none Commissioner Brezin moved and Vice Mayor Goodman seconded a motion to approve the resolution, as amended. Resolution No. 2004-701 was adopted by a voice vote of 5-0 in favor. 10e. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Waiver of Plat Application for the Property Located at 17121 Collins Avenue AKA Jade Beach North Condominium, Attached Hereto as Exhibit "A"; Providing for the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and Planning and Zoning Administrator Jorge Vera reported. Public Speakers: none Vice Mayor Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2004-702 was adopted by a voice vote of 5-0 in favor. 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing Norman S. Edelcup as the City's Delegate to the Miami-Dade League of Cities and Gerry Goodman as the Alternate to Attend Meetings During Fiscal Year 2004/05; Providing for an Effective Date. Action: City Clerk Hines read the title and Mayor Ede1cup reported. Public Speakers: none After discussion it was unanimous to designate Norman S. Edelcup as the delegate and Gerrv Goodman as the alternate, and to approve the resolution. Resolution No. 2004-703 was adopted by a voice vote of 5-0 in favor. 4 Summary Minutes: Regular City Commission Meeting September 9,2004 City of Sunny isles Beach, Florida 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Establishing a Schedule for City Commission Meetings for Calendar Year 2005; Providing for an Effective Date. Action: Mayor Ede1cup reported. Public Speakers: none Commissioner Iglesias moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2004-704 was adopted by a voice vote of 5-0 in favor. lOF. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2004-696 Establishing a Revised Schedule for City Commission Meetings for the Remainder of Calendar Year 2004 by Changing the September 23,2004 Meetings to September 22,2004 and Changing the November Dates; Providing for an Effective Date. Action: Mayor Ede1cup reported, Public Speakers: none Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2004-705 was adopted by a voice vote of 5-0 in favor. lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, A warding Bid No. 04-07-01 to Horsepower Electrical, Inc., for NE lS9th Street and NE l74th Street Roadway Lighting Improvements; Approving an Agreement with Horsepower Electric, Inc., in an Amount of $179,971.00, 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 Effective Date. (After-the-Fact) Action: City Clerk Hines read the title and City Manager Russo reported. Public Speakers: Irving Turetsky Commissioner Iglesias moved and Vice Mayor Goodman seconded a motion to approve the resolution. Resolution No. 2004-706 was adopted by a voice vote of 5-0 in favor. 5 Summary Minutes: Regular City Commission Meeting September 9, 2004 City of Sunny isles Beach, Florida 10H, A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Pay Attorneys' Fees, Appraiser's Costs and Court Costs in the Amount of $97,219.33, as Evidenced in Exhibit "A", "B", "C", and "D" in the Eminent Domain Case, City of Sunny Isles Beach v. 18100 Collins Avenue Shopping Center, Ltd.; Providing for an Effective Date. Action: [City Clerk's Note: See related item 13A] City Clerk Hines read the title and City Attorney Dannheisser reported, Public Speakers: none Commissioner Brezin moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2004-707 was adopted by a voice vote of 5-0 in favor. 101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Purchase of 24 Streetlight Poles and Brackets from Municipal Lighting Systems, Inc., as a Sole Source Vendor, in an Amount of $91,877.00, for North Bay Road between SR 826W and 172nd Street; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. (After-the-Fact) Action: City Clerk Hines read the title and City Manager Russo reported. Public Speakers: none Vice Mayor Goodman moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2004-708 was adopted by a voice vote of 5-0 in favor. 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Purchase of Holophane Streetlight Pole Fixtures from Antareas Electrical Distributors, Inc., as a Sole Source Vendor, in an Amount of $16,756.80, for North Bay Road between SR 826W and 172nd Street; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. (After-the-Fact) Action: City Manager Russo reported. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2004-709 was adopted by a voice vote of 5-0 in favor. 6 Summary Minutes: Regular City Commission Meeting September 9, 2004 City of Sunny isles Beach, Florida 10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Change Order in the Amount of $95,295.00 and Attached as Exhibit "A", to the Contract by and between the City of Sunny Isles Beach and Weitz Company, for Construction of the New Sunny Isles Beach Government Center Located at 18070 Collins A venue; Authorizing the City Manager to Do All Things Necessary to Effectuate Said Change Order; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Russo and Planning and Zoning Administrator Vera reported that this is for the conduits for the security system, filling of the block, and the painting of the parking garage. Public Speakers: none Commissioner Brezin moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2004-710 was adopted by a voice vote of 5-0 in favor. 10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Retainer Agreement between the City of Sunny Isles Beach and the Law Firm of Goren, Cherof, Doody & Ezrol, Attached Hereto as Exhibit "A", Specifically Kerry Ezrol, Esq. as Outside Counsel, Specifically to Acquire by Negotiation or Condemnation, Property Owned by Marina Bay Club Limited and Empress House Apartments; Providing the City Manager and the City Attorney to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and City Attorney Dannheisser reported. Mayor Ede1cup asked if this firm would also be hired for the Golden Shores Pocket Park eminent domain if needed, and City Attorney Dannheisser said yes and Mayor Ede1cup said to add it to this resolution. Public Speakers: none Vice Mayor Goodman moved and Commissioner Thaler seconded a motion to approve the resolution, as amended. Resolution No. 2004-711 was adopted by a voice vote of 5-0 in favor. 10M. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Professional Services Agreement by and between the City of Sunny Isles Beach and Calvin, Giordano and Associates, Inc., for the Preparation of a Evaluation and Appraisal Report (EAR), in an Amount of $53,850.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing 7 Summary Minutes: Regular City Commission Meeting September 9, 2004 City of Sunny Isles Beach, Florida the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution: Providing for an Effective Date. Action: City Clerk Hines read the title and Planning and Zoning Administrator Vera reported that this will be basically, a mini Comp Plan. Mayor Ede1cup said what this allows us to do is on the anniversary of the original Comp Plan, we can look at it and see if it still fits our needs, and if it doesn't, where would we like to see those changes made and we can take public and staff input. He said once it is finalized we file it with the State, and the State has to accept it before we can approve anything, and noted that the process will take at least a year, and that there will be public hearings scheduled, Public Speakers: none Vice Mayor Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2004-712 was adopted by a voice vote of 5-0 in favor. 10N. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City to Continue to Participate in the "Second Tuesday at Biscayne Bay Campus" Program, and Authorizing a Charitable Contribution to the Biscayne Bay Society of Florida International University (FlU), in the Amount of $5,000.00; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution: Providing for an Effective Date. Action: City Clerk Hines read the title and Cultural and Human Services Director Susan Simpson reported. Public Speakers: none Vice Mayor Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2004-713 was adopted by a voice vote of 5-0 in favor. 100. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Accepting the Donation from Trump Grande Ocean Resort & Residences of Three Fiberglass Figure Sculptures; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution: Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Russo reported. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2004-714 was adopted by a voice vote of 5-0 in favor. 8 Summary Minutes: Regular City Commission Meeting September 9, 2004 City of Sunny Isles Beach, Florida lOP. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Addendum to the Consultant Agreement, Approved Under Resolution No. 2004-680 between the City of Sunny Isles Beach and Jade Communications, Inc., for Security Wiring for the Sunny Isles Beach Government Center, in the Amount of $14,544.00, 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 Effective Date. Action: City Clerk Hines read the title and Planning and Zoning Administrator Vera reported. Public Speakers: none Commissioner Brezin moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2004-715 was adopted by a voice vote of 5-0 in favor. 10Q. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Amendment No.2 to the Agreement, Approved Under Resolution No. 2003-617 between the City of Sunny Isles Beach and Tenex Enterprises, Inc., for Asphalt Stamping of the Parking Spaces Adjacent to Margolis Park, and Crosswalks Along Collins A venue, in an Amount of $147,000.00, Attached hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Amendment; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution: Providing for an Effective Date. (After-the-Fact) Action: City Clerk Hines read the title and City Manager Russo reported. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2004-716 was adopted by a voice vote of 5-0 in favor. lOR. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Amendment to Agreement between the City of Sunny Isles Beach and Coastal Contracting & Development, Inc., for Renovation of the South Lifeguard Tower in Pier Park, in an Amount of $10,094.00, 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 Effective Date. Action: City Clerk Hines read the title and City Manager Russo reported. 9 Summary Minutes: Regular City Commission Meeting September 9,2004 City of Sunny Isles Beach, Florida Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2004-717 was adopted by a voice vote of 5-0 in favor. 10S. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Purchase of a Broadcasting System from Design Computer Systems Inc., Piggy-Backing Off from the City of Port St. Lucie and the City of Boca Raton, in an Amount of $14,388.44, for the City's Public Access Channel 20; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and Information Technology Director Derrick Arias reported and noted that this is the equipment to transmit the signal to the cable company. Public Speakers: Henry Kay Vice Mayor Goodman moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2004-718 was adopted by a voice vote of 5-0 in favor. lOT. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Transfer of Development Rights (TDRs) in the Amount of 65 Dwelling Units and 108,473 Square Feet of Floor Area to TRG - Desert Inn Venture, Ltd. ("Ocean IV Condominium Project") from the TDR Bank Established for 17200 Collins Avenue, LP. (the "Casino Property"); Directing the Planning and Zoning Administrator or Designee to Transfer the TDRs from the TDR Bank to TRG - Desert Inn Venture, Ltd. in Accordance with Resolution No. 04-Z-83; Consent to the Transfer of the TDRs by the Casino Property; Authorizing the Adjustment of the TDR Bank by the Planning and Zoning Administrator or Designee; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; and Providing for an Effective Date. Action: [City Clerk's Note: This item was heard out of order at the request of Clifford Schulman, Esq.] City Clerk Hines read the title and Mayor Ede1cup reported. Public Speakers: Clifford Schulman, Esq. Commissioner Brezin moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2004-719 was adopted by a voice vote of 5-0 in favor. 10 Summary Minutes: Regular City Commission Meeting September 9, 2004 City of Sunny isles Beach, Florida IOU. Add-On A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Confirming the Declaration of a Local Emergency as Imposed by the City Manager Due to Hurricane Frances, and Confirming the Termination of a State of a Local Emergency; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Russo reported. Public Speakers: none Commissioner Brezin moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2004-720 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Request of Stanley B, Price, Esq., to Discuss the Present Market Uncertainty Relating to Transfer of Development Rights (TDRs) within the City of Sunny Isles Beach. Action: [City Clerk's Note: This item was heard after Item 3A] Stanley Price, Esq, noted that earlier today in the Circuit Court Appellate Division, they were successful in the Golden Beach case (regarding Regalia) and the rehearing was denied, which upheld the right of the City to have a TDR program as well as a Bonus program. He said that his client owns property on Bay Road, the City covenanted this property for years because this was going to be the additional site for the City's school, and his client voluntarily came to the City and said that he was prepared to transfer title because his client knew that ultimately they would get development rights that would translate into $60 a foot, etc., because they did not know what the market was going to be, He would like to see the City leave the TDR Ordinance alone and to give the market an opportunity to project itself. In summary, Mr. Price said his client is prepared to transfer that property to the City. Mayor Ede1cup said that Mr. Price made some good comments and noted that the TDR Ordinance will be reviewed at the October City Commission Meeting. Public Speakers: Henry Kay 11 Summary Minutes: Regular City Commission Meeting September 9,2004 City of Sunny Isles Beach, Florida 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. Add-On Raanan Katz discussed item No. lOH. He said that the City can have his land, and that the City knows what they have to do to get it. Mayor Ede1cup said for him to meet with the City Manager and bring it before the Commission. 14. ADJOURNMENT Vice Mayor Goodman moved and Commissioner Brezin seconded a motion to adjourn the meeting, and Mayor Edelcup adjourned it at 9:24 p.m. .. . , . ~ . .'~'tt... ': "Resp~ctfuri~'&ubmitted by: I . . .. . ; \ ~. '.. -: ',.:.. \ ~ ". "A I \ . · ;" ~~~f.\.~ . -. , I Jane~. Hines,ICity Clerk Approved by the City Commission on Sept. 9, 2004 " 12