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HomeMy WebLinkAbout2004 0722 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, July 22, 2004, 7:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REOUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT TI-IE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDERlROLL CALL OF MEMBERS The meeting was called to order by Mayor Ede1cup at 7:33 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: City Clerk Hines led the Pledge of Allegiance to the flag. Richard C. Schulman wished City Attorney Dannheisser a very Happy Birthday, and Mayor Ede1cup invited everyone to stay after the meeting for birthday cake. Mr. Schulman gave an invocation. Mayor Ede1cup gave opening remarks of decorum. 3. APPROV AL OF MINUTES 3A. Regular City Commission Meeting - July 8, 2004. Action: Commissioner Thaler moved and Commissioner 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 (AdditionslDeletions/Amendments) 4A. Request to Hear Items: Amendment to lOE, adding the funding source to the Resolution for the Lifeguard Stands; and an Add-On Item lOH, a Resolution authorizing the transfer of Development Rights to Ocean IV from the TDR Bank established for the Casino Property. Action: Mayor Ede1cup noted the above changes, and stated that normally we would Summary Minutes: Regular City Commission Meeting July 22,2004 City of Sunny Isles Beach, Rorida require the four-day rule but since this new item is merely an administrative function, a resolution to document the actual transfer of TDRs that have been previously created, we are doing this today rather than wait until September, in as much as we don't have a meeting in August. 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. 5. SPECIAL PRESENT A TIONS SA. City Commission Review of PPV Program. Action: City Manager Russo introduced Jeff Maxim, the City's Fleet Manager and Management Analyst, and said that we are getting what is a well maintained fleet of Police cars that was handled literally single-handedly by Sergeant Barry Noe. He said we have reached a milestone and are now going to the next level, and with this milestone we are consolidating the operation that Sgt. Noe started on behalf of this City. City Manager Russo presented Sergeant Noe with a plaque in recognition of his dedicated efforts in coordinating the Fleet Management Program and Personal Patrol Vehicle Program for the City and the Police Department, and will remain the liaison from the Police Department. Sgt. Noe thanked City Manager Russo, Police Chief Maas and the Commission. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of Fortune Ocean LLLP, Owner of the Property Located at 17121 Collins A venue, Sunny Isles Beach, Florida, for the Following: (Jade North Site) [Hearing #Z2004-06] 1. Variance of Section 265-35 D (4)(a)(l) of the Code of Sunny Isles Beach to permit proposed temporary sales office to setback 25 feet (75 feet required) from the front (west) property line. 2. Conditional Use pursuant to Section 265-13 of the Code of the City of Sunny Isles Beach, to permit a temporary sales office. 3. Pursuant to Section 265-18 of the Code of the City of Sunny Isles Beach, the applicant is requesting a site plan approval to permit a temporary sales office for an approved development. Protests 0 Waivers 0 Ex-Parte ~ Action: City Clerk Hines read a disclaimer for the Zoning hearing, and read the applicant's name, hearing number, location and then administered the oath to the witness for the Zoning hearing. Planning and Zoning Administrator J orge Vera reported. 2 Summary Minutes: Regular City Commission Meeting July 22, 2004 City of Sunny Isles Beach, Rorida Public Speakers: Judith Burke, Esq. Judith Burke Esq., representing the contract purchaser of a 300-foot parcel directly to the north of the site being developed with the Jade Beach Condominium. She reported that she also represents Fortune Beach LLC, who is the developer of Jade Beach, and responded to questions that were asked by the Commission on May 8, 2004, regarding the purchase of TDRs for the Jade Beach Project. She reported that Fortune Beach will buy all of the TDRs needed for the Jade Beach Project from the City, and if they get the application approved tonight moving the Sales Center over to the north parcel, they are prepared to file their application for a Building Permit within approximately one month from today. Ms. Burke said when the Building Permit is issued, in addition to paying the City approximately $800,000.00 for the additional FAR bonuses, they will be giving the City a check for $7.5 Million in full payment for the TDRs. Mayor Edelcup said that the $7.5 Million will go towards Capital Improvements within the City and public opportunities for education, cultural arts, etc., and it is a fine example of how we have been able to create a win-win situation for TDRs, developers, and the people of this City, and he thanked the developer. Ms. Burke said that they are requesting site plan approval, conditional use, and a variance to place the Sales Center on the Jade North site. She said that this Sales Center was approved by this Commission on December 18, 2003, on the Jade Beach South site, and is a temporary sales office costing in excess of $3 Million and they are now asking to place this building 300-feet further north. She said at that time the Commission placed a couple of conditions on the approval of the Sales Center, one thing was to lower the Sales Center and what was agreed upon is that the roof line would be 30-feet without counting the air conditioning, etc., never exceeding 60-feet, and move it back. She said they had asked for 12 Y2 feet and this Commission asked them to move it back from the property line 25-feet, and both of those conditions are contained within this proposal. Commissioner Iglesias noted that we also asked if we wanted the building we can take it, and Ms. Burke said it is still the City's if they want it after they are finished with it. Commissioner Thaler said that they asked them to reduce it 20-feet, which means it would be 40-feet high, not 60- feet. He said he voted against it at that time, and that he feels it is still too high and too close to the street. Planning and Zoning Administrator Vera recommended denial of this application. Mayor Ede1cup asked if one of the reasons is in the front setback because there will be construction behind it, and Mr. Vera said that on the original site the reason why it was placed in the front setback was due to the building that had been approved prior, the footprint of the parking garage and where the 75-foot setback would be for the building, and in this case we don't have an approval so therefore we don't see a reason to justify the setbacks. Ms. Burke responded that staff recommended denial the first time they came before the Commission on the Sales Center because of the setback, and the reason why is because they are going to be building a building and they are going to be coming back 3 Summary Minutes: Regular City Commission Meeting July 22,2004 City of Sunny Isles Beach, Rorida before this Commission in two to three months with plans for Jade North. She said Jade North will be set back at just about the same place as Jade South because they are not going to block the views of their other building with the new building. She said when they put in the Sales Center they are going to be starting construction of North Jade shortly thereafter and that is why they needed the setback closer to the street. Commissioner Iglesias moved and Vice Mayor Goodman seconded a motion for approval, subject to staff conditions. Resolution No. 04-Z-88 was approved by a roll call vote of 4-1 in favor (Commissioner Thaler against). Vote: Commissioner Brezin yes Commissioner Iglesias yes Commissioner Thaler no Vice Mayor Goodman yes Mayor Ede1cup yes 7. ORDINANCES FOR FIRST READING None 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 33-7 A. of the Code of Ethics which has Required Only Disclosure of Personal Investments that Might Create a Conflict, to Now Provide a Prohibition Against Interests in Conflict with Official Duties Provision, Including Unwarranted Privileges; Providing for Dissemination of Such Disclosure by City Clerk; Providing for Disciplinary Action; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 7/8/04) Action: City Clerk Hines read the title, and City Attorney Dannheisser reported noting that it came to her attention by Vice Mayor Goodman that this Ordinance does not contain any time frame within which this prohibition is applicable. Vice Mayor Goodman clarified that the original motion had no time limit and suggested to set it at the time the CO is issued for the building, and asked the Commission for their comments. Mayor Ede1cup said we have a proposal in front of us from Vice Mayor 4 Summary Minutes: Regular City Commission Meeting July 22,2004 City of Sunny Isles Beach, Rorida Goodman, let's work on this one and the Commission can always bring another one forward. City Attorney Dannheisser said as long as it is not a material amendment it could be passed on second reading tonight. Public Speakers: Kathleen Kennedy; Sarah Sanchez; Ralph Sanchez; Domonico/LaFusta; Mercy Rodriguez; Luis Perez; Bud Scholl; Jack Cohen; Henry Kay; Robert Meyers, Miami-Dade County Ethics Commission Commissioner Iglesias said that he agrees that there should be no connection between an investment and a vote which is the reason he abstained to vote. Commissioner Brezin made a motion to amend the Ordinance to state "those that sit on the Commission would not be allowed to purchase an apartment until the Certificate of Occupancy is in place for at least two years," and the motion failed for the lack of a second. Vice Mayor Goodman asked City Attorney Dannheisser when a CO is issued to a building, if there are apartments that were not sold, the developer has to pay the real estate tax, and City Attorney Dannheisser said yes, the developer pays the tax until the title is transferred. Vice Mayor Goodman made a motion that no elected official would be able to purchase from a developer prior to issuing the CO for the building which in his interpretation means once the CO is issued for the building, they go on the tax rolls, and if there are empty apartments the developer has to pay the taxes. City Attorney Dannheisser asked Robert Meyers of the Miami-Dade County Ethics Commission, for an interpretation. Commissioner Iglesias said that we are trying to set higher ethical standards here and suggested that in addition to what you are saying, that enterprises or their representatives shall not make investments in corporations or businesses or a member of the Commission have a private interest, and asked for Mr. Meyer's opinion. Robert Meyers of the Miami-Dade County Ethics Commission said one of the reasons he came here was to get a sense of what the Commission's intent was, and if your intent is when you describe enterprise very narrowly just to focus on buying property, that is one thing, but the Ethics Commission would tend to define enterprise very broadly which would include commercial interests, real estate interests, business interests, the definition of enterprise goes well beyond just buying real estate in a building. He also noted that there is a section in the County Code that deals with this and handed out The Conflict of Interest and Code of Ethics Ordinance Pamphlet and pointed out Section (1) on page 12: "Prohibited Investments. No person included in the terms defined in Subsections (b)(l) through (6) shall have personal investments in any enterprise, either himself or through a member of his immediate family, which will create a substantial conflict between his private interests and the public interest." He said the reason he brings it up is because the County Code of Ethics which does apply to the City of Sunny Isles Beach does deal with personal investments and does deal with enterprises, and their interpretation of that Code has been a fairly broad one. He said he needs to know that because when they render their advisory opinions or conducts an investigation is to get a sense of what your legislative intent is. Mayor Ede1cup said the legislative intent was to have an issue wherever we would be called upon to have a vote if there was no voting issue then we were excluding 5 Summary Minutes: Regular City Commission Meeting July 22,2004 City of Sunny Isles Beach, Rorida that enterprise or business, it was only when a Commissioner, because he has been elected Commissioner, has to vote, we wouldn't want him to have to recluse himself because of a conflict, so the limit that we are trying to create was very narrow, it was only on those things that would create an issue of a vote as a conflict. He said if the City were to have a Charter School and the City has to vote on the Charter School then certainly a Commissioner cannot make an investment in it. Mr. Meyers said that the discussion he heard except from Commissioner Iglesias was about real estate transaction and he is saying that you can construe this much broadly than that to cover all sorts of transactions and if that is your intent. City Attorney Dannheisser said she wanted to make clear lest there be any misunderstanding that it relates to voting capacity not ie. Jorge making a recommendation, and the Commission agreed. Mayor Edelcup said voting capacity only should be the criteria for judging. City Attorney Dannheisser read it one more time for the record: "An official officer, including an elected official, or employee of the City shall not make any personal investments in enterprises in which he or she has reason to believe that he or she may be directly involved in the final decision making as to a development approval to be made by him or her, or which will otherwise create a conflict between his or her public duty and his or her private interest, until the Certificate of Occupancy is issued." Commissioner Iglesias said just for clarification, since we are trying to set higher ethical standards, he will come back with another Ordinance that will take it to a higher level. Vice Mayor Goodman moved and Commissioner Brezin seconded a motion to adopt the ordinance, as amended. Ordinance No. 2004-210 was adopted by a roll call vote of 5- o in favor. Vote: Commissioner Brezin yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Goodman yes Mayor Edelcup yes (City Clerk's Note: The Commission took a five-minute recess.) Sitting in as the Local Planning Agency and the City Commission, to Consider an Ordinance Amending the Land Development Regulations (LDRs) 9B.l A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida, Recommending to the City Commission of Sunny Isles Beach, the Ordinance Amending Section 265-58 (I) of the Land Development Regulations Relating to Temporary Construction Fencing; Establishing General Standards for the Installation of Temporary Construction Fences; Prohibiting Certain Fences; Making this Ordinance Retroactive 90 Days and Allowing Compliance, Attached Hereto as Exhibit "A"; Providing for an Effective Date. 6 Summary Minutes: Regular City Commission Meeting July 22,2004 City of Sunny Isles Beach, Rorida Action: City Clerk Hines read the title, and Mayor Ede1cup reported. Public Speakers: none Commissioner Thaler moved and Commissioner Brezin seconded the motion. LPA Resolution No. 2004-20 was adopted by a voice vote of 5-0 in favor. 9B.2 An Ordinance of the City of Sunny Isles Beach, Florida, Amending Section 265-58 (I) of the Land Development Regulations Relating to Temporary Construction Fencing; Establishing General Standards for the Installation of Temporary Construction Fences; Prohibiting Certain Fences; Making this Ordinance Retroactive 90 Days and Allowing Compliance; Providing for a Repealer; Providing for Inclusion in the Code; Providing for Severability; and Providing for an Effective Date. (First Reading 7/8/04) Action: City Clerk Hines read the title, and City Attorney Dannheisser reported. Mayor Edelcup noted that the wind blows through the fences on the east side of Collins Avenue destroying the plants in the medians, and this Ordinance is to retroactively allow property owners who have already erected a construction fence that does not comply with this ordinance, to have 90-days from the passage of this ordinance to come into compliance. Commissioner Iglesias said if the fence meets the South Florida Building Code, he thinks we should take it from here on, and he understands that there are some landscaping issues but it is unfair to make a person go retroactive if the fence meets the South Florida Building Code. Mayor Ede1cup said that the problem is that the fence on the east side is not taking care of or protecting our landscaping, and in his opinion we should just make it retroactive and give the people 90-days to do it, and he hasn't heard any complaints that this would be a hardship. Public Speakers: none Commissioner Thaler moved and Vice Mayor Goodman seconded a motion to adopt the ordinance. Ordinance No. 2004-211 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Goodman yes Mayor Edelcup yes 9C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Adopting Standards, Requirements and Restrictions on Materials and Colors for Exterior Walls of Buildings; Providing for Facing Materials; Providing for Samples of Colors and Paintings and Awning Works; Providing for a Materials Chart in 7 Summary Minutes: Regular City Commission Meeting July 22,2004 City of Sunny Isles Beach, Florida Connection with Any Site Plan Approval; Providing for Severability; Providing for Repeal of Conflicting Ordinance and Specifically Ordinance No. 98-47; Providing for Inclusion into the Code and Providing for an Effective Date. (First Reading 7/8/04) Action: City Clerk Hines read the title, and City Attorney Dannheisser reported. Mayor Edelcup noted that it was amended at first reading to include semi-gloss. He clarified that the City Commission in its initial Site Plan Review approves the color, any repaints will still be a staff function, and must be in accordance with the color palette. Public Speakers: Phillip Chernoff Commissioner Brezin moved and Commissioner Thaler seconded a motion to adopt the ordinance. Ordinance No. 2004-212 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Goodman yes Mayor Edelcup yes 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Placing Questions on the Ballot for the General Election to be Held on November 2, 2004, to Consider Providing Amendments to the City Charter as Adopted by Ordinance No. 2004-207, Attached as Exhibit "A"; Providing for Copies of the Resolution and Ordinance for Charter Amendments to be Available for Public Inspection; Providing for the City Clerk to Utilize the Services of Miami-Dade County Supervisor of Elections; Providing Requisite Ballot Language for Submission to Electors; Providing for City Commission Designation of One Registered Voter Who Shall Serve with the City Manager and City Clerk as the Canvassing Board for the General Election on November 2, 2004; Providing for Conducting the Election, Polling Places, Form of Ballot, Voter Registration, Notice of Election; Providing for an Effective Date. Action: City Clerk Hines read the title and Mayor Edelcup reported. After discussion, the Commission designated Emanuel Pine as the Canvassing Board member. Public Speakers: none Vice Mayor Goodman moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2004-691 was adopted by a voice vote of 5-0 in favor. 8 Summary Minutes: Regular City Commission Meeting July 22, 2004 City of Sunny Isles Beach, Florida lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Interlocal Agreement by and between the City of Sunny Isles Beach and Miami-Dade County, GSA, Fleet Management Division, Attached Hereto as Exhibit "A", for Fleet Management Services; Providing Authorization for the City Manager to Execute the Interlocal Agreement and to Do All Things Necessary to Effectuate Said Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Russo reported that this could be economically advantageous for us, and that we have a 60-day termination clause with it because we have some reservations as no one has done this before and we won't know if we will have the turnaround on our vehicles as quickly as we would like, however, if this works we can save money. Public Speakers: none Commissioner Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2004-692 was adopted by a voice vote of 5-0 in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager, or His Designee, to Sign All Required Contracts, Agreements, and Purchase Orders that Affect the Health, Safety, or Welfare of the City, and to Temporarily Renew Existing Contracts Which May Expire, for Forty-Five (45) Days, from the Last Commission Meeting in July 2004, Until the First Regular Commission Meeting in September 2004, Subject to After-the-Fact Ratification by the City Commission at its First Regular Meeting on September 9,2004; Providing for an Effecti ve Date. Action: City Clerk Hines read the title. Public Speakers: none Commissioner Brezin moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2004-693 was adopted by a voice vote of 5-0 in favor. 9 Summary Minutes: Regular City Commission Meeting July 22, 2004 City of Sunny Isles Beach, Rorida 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, A warding Bid No. 04-05-01 to Imperial Electrical of Fort Lauderdale, Inc., for Samson Oceanfront Park Landscape Lighting Improvements; Approving an Agreement between the City and Imperial Electrical of Fort Lauderdale, Inc., in an Amount of $66,554.00, 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 that this is for the up-lighting around all the trees in the circle area at the Samson Oceanfront Park. Public Speakers: none Commissioner Thaler moved and Vice Mayor Goodman seconded a motion to approve the resolution. Resolution No. 2004-694 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 an Agreement between the City of Sunny Isles Beach and Coastal Contracting & Development, Inc., Piggy-Backing off from the City of Boca Raton Bid No. 2002-097, for Construction of Three (3) Lifeguard Stands, in an Amount of $150,000.00, 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 that we expect the lifeguard stands will be placed at the Ellen Wynne Beach Access, the Samson Oceanfront Park, and at the Turnberry South Beach Access. He said that we don't expect to man the Turnberry station until the following Fiscal Year to correspond to the redevelopment down there and we want to be ready. He said the other one that we have will go at the Beach Access at Trump International Sonesta Beach Hotel. City Manager Russo summarized by stating that all the stations will be manned including the one at Pier Park, and at a future date for the Turnberry South Beach Access station. He noted that the Resolution was amended to include the funding source from the Beach Enhancement Fund, which was a previous existing bonus program for which the money needs to be used. Public Speakers: none Vice Mayor Goodman moved and Commissioner Thaler seconded a motion to approve the resolution, as amended. Resolution No. 2004-695 was adopted by a voice vote of 5-0 in favor. 10 Summary Minutes: Regular City Commission Meeting July 22, 2004 City of Sunny Isles Beach, Rorida 10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2004-675 Establishing a Revised Schedule for City Commission Meetings for the Remainder of Calendar Year 2004 by Adding Special City Commission Meetings on Thursday, September 9,2004 and Thursday, September 23, 2004, at 7:00 p.m., for Fiscal Year 2004/05 Budget Hearings; Providing for an Effecti ve Date. Action: City Clerk Hines read the title and Mayor Ede1cup reported that on September 9, 2004 at 7:00 p.m. the first Budget hearing will take place and will be like a workshop where the City Manager will go through the City's budget for the coming fiscal year that begins October 1 st. He said on September 23,2004 the Commission will be passing the final budget and he encouraged the public to attend. Public Speakers: none Commissioner Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2004-696 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, Approving the Purchase of Office Furniture and Filing Systems from Herman Miller Workplace Resource and Tab Products South Florida, Under State of Florida Government Contract No. A40913, in an Amount of $449,750.50, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Resolution; Providing for an Effective Date. (for the New Sunny Isles Beach Government Center) Action: City Clerk Hines read the title and Planning and Zoning Administrator Jorge Vera reported that we are piggy-backing off from a State Contract, in order to take advantage of a discount which is approximately 55% of the retail price. Public Speakers: Adolfo Karr Adolfo Karr of Herman Miller Workplace Resource presented a display of the furniture. Commissioner Thaler said that freight was not mentioned, and Mr. Vera said that the price includes the delivery and installation. City Manager Russo said we will amend the Resolution to reflect that the furniture will be delivered and installed at this price. Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution, as amended. Resolution No. 2004-697 was adopted by a voice vote of 5-0 in favor. 11 Summary Minutes: Regular City Commission Meeting July 22, 2004 City of Sunny Isles Beach, Rorida 10H. Add-On Item: 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 Desert Inn Beach & Tennis Club Association, Inc. ("Ocean IV Condominium Project") from the TDR Bank Established for 17200 Collins A venue, Ltd. (the "Casino Property"); Directing the Planning and Zoning Administrator or Designee to Transfer the TDRs from the TDR Bank to Desert Inn Beach & Tennis Club Association, Inc. 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 Hines read the title and Mayor Edelcup noted that this was an administrative item taking the TDRs that had been previously granted on the Ocean IV site from the TDR Bank that was donated from the Casino Site, and the Commission is acknowledging the transfer of those TDRs. Public Speakers: none Commissioner Thaler moved and Vice Mayor Goodman seconded a motion to approve the resolution. Resolution No. 2004-698 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS 11A. Call for a Motion to accept the resignation, and confirmation of the following appointments to the Mayor's Advisory Council (MAC): . Mayor Ede1cup's Appointment to the Traffic and Safety Committee: Accept the resignation of Cecile Sippin and confirm the appointment of Gene Sweed, as Chairperson; and . Vice Mayor Goodman's Appointment to the Traffic and Safety Committee: Confirm the appointment of Lee Solomon. Action: City Clerk Hines read the title, and Mayor Edelcup reported. Public Speakers: none Vice Mayor Goodman moved and Commissioner Thaler seconded a motion to approve the appointment of Gene Sweed as Chairperson of the Traffic and Safety Committee, and Lee Solomon to the Traffic and Safety Committee. The motion was approved by a voice vote of 5-0 in favor. 12 Summary Minutes: Regular City Commission Meeting July 22,2004 City of Sunny Isles Beach, Florida 12. DISCUSSION ITEMS 12A. Discussion regarding Expanding the Historic Preservation Board to Seven Members. Action: Mayor Edelcup reported that one of the members has been ill and that person would still like to serve on the Board, so we are recommending to expand the Board's members from five to seven. He said that Casey Gabor had volunteered to serve on this Board, and after discussion, the Commission appointed Phillip Chernoff to also serve on this Board. Commissioner Brezin moved and Commissioner Iglesias seconded a motion to approve the appointment of Casey Gabor and Phillip Chernoff to the Historic Preservation Board. The motion was approved by a voice vote of 5-0 in favor. 12B. Discussion regarding a Sculpture for Samson Oceanfront Park. Action: Mayor Ede1cup introduced David Fisher, a local artist that lives in Sunny Isles Beach, and has done sculpture in Russia and New York City and has won awards for his work. He said that they had spoken to Mr. Fisher about an appropriate sculpture that would go into Samson Oceanfront Park that would represent something symbolic of the future of the City and we see that as a family. Public Speakers: David Fisher; Phillip Chernoff; Casey Gabor; Janet Balzano Commissioner Brezin said that she has seen the sculpture in the Park and suggested that it should be set back further as there is a telephone pole in front of it, and that the pedestal and the figure was too close in size, and to perhaps increase the pedestal about a foot on each side. City Manager Russo said that any dealings with Mr. Fisher will be done in the office because we use our City interpreter, Elena Grek who speaks Russian. 12C. Add-On: Discussion regarding Casino Property Park. Action: Vice Mayor Goodman noted that the Casino Property Park has already been approved, O'Leary designed the Park and the Developer is building the Park, but he said that a question has come up from some people requesting that a fountain be placed in the Park. He said this will be discussed in the future. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 13 Summary Minutes: Regular City Commission Meeting July 22, 2004 City of Sunny Isles Beach, Rorida 14. ADJOURNMENT Vice Mayor Goodman moved and Commissioner Thaler seconded a motion to adjourn the meeting, and Mayor Edelcup adjourned it at 9:58 p.m. .' .. 'Respectfully submitted by: ,\ ': i ~. \, ,h ~ ~~ ,l^~~~ .. . '"' "- Jane A. Hines; City Clerk Approved by the City Commission on Sept. 9, 004 'r an S. Edelcup, Mayor " 14