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
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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,
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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Jane~. Hines,ICity Clerk
Approved by the City Commission on Sept. 9, 2004
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