Loading...
HomeMy WebLinkAbout2004 0415 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, April 15, 2004, 7:30 p.m. City of Sunny Isles Beach, Florida A TTENTION ALL LOBBYISTS: CITY LAW REOUlRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDERlROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 7:30 p.m., with the following officials present: Mayor Norman S. Edelcup Vice Mayor Gerry Goodman Commissioner Roslyn Brezin Commissioner Danny Iglesias Commissioner Lewis J. Thaler City Manager Christopher J. Russo City Attorney Lynn M. Dannheisser City Clerk Jane A. Hines 2. PLEDGE OF ALLEGIANCE/INVOCA TION Action: Vice Mayor Goodman led the Pledge of Allegiance to the flag. Richard C. Schulman gave an invocation. Mayor Edelcup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - March 18,2004. 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 (AdditionslDeletions/Amendments) 4A. Request to Hear Items: Add-on 9Q and 9R. Action: Mayor Edelcup announced the above new items. Summary Minutes: Regular City Commission Meeting April 15, 2004 City of Sunny Isles Beach, Florida 5. SPECIAL PRESENT A TIONS SA. A Proclamation to be Accepted by Ms. Dorie Lurie, 1st Vice Chair of the Miami-Dade County Equal Opportunity Board, Declaring the Month of April 2004, as "Fair Housing Month" in the City of Sunny Isles Beach. Action: Mayor Edelcup presented a Proclamation proclaiming April 2004, as "Fair Housing Month" in the City of Sunny Isles Beach. Ms. Lurie picked up the Proclamation before the meeting. 5B. A Proclamation to be Presented Declaring the Month of May 2004, as "Civility Month" in the City of Sunny Isles Beach. Action: Mayor Edelcup presented a Proclamation proclaiming May 2004, as "Civility Month" in the City of Sunny Isles Beach. City Clerk Hines will mail the proclamation. 6. ZONING None 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Rendering it Unlawful for Any Elected or Appointed Official or Employee of the City to Cancel, Void, Reduce or interfere with a Civil Violation Notice, Citation, Ticket or Fine Issued by the City's Code Enforcement Department Except by a Code Enforcement Officer When the Issuance of Such Violation was in Error; Providing for Repealer; Providing for Severability; Providing for an Inclusion into the Code; Providing for an Effective Date. Action: City Clerk Hines read the title and Mayor Edelcup reported. Public Speakers: none Vice Mayor Goodman moved and Commissioner Iglesias 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 Thursday, May 6, 2004, at 7:30 p.m. Vote: Commissioner Brezin Commissioner Iglesias Commissioner Thaler Vice Mayor Goodman Mayor Edelcup yes yes yes yes yes Page 2 of 19 Summary Minutes: Regular City Commission Meeting April 15, 2004 City of Sunny Isles Beach, Florida 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Establishing Guidelines for the Issuance of Special Events Permits; Providing for the City Manager or Designee with the Authority to Issue, Modify, or Revoke Permits for Special Events; Providing for Enforcement; Providing for a Repealer; Providing for Inclusion in the Code; and Providing for an Effective Date. Action: City Clerk Hines read the title and City Attorney Dannheisser reported noting that the fee for a Special Events Permit will be $40.00, but may be waived for non-profit groups. Public Speakers: none Commissioner Iglesias 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 Thursday, May 6, 2004, at 7 :30 p.m. Vote: Commissioner Brezin Commissioner Iglesias Commissioner Thaler Vice Mayor Goodman Mayor Edelcup yes yes yes yes yes 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Prohibiting Parking of Commercial Vehicles and Vehicles Displaying Signage in Residential Districts; Providing for Definitions; Providing for Exceptions; Providing for a Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effecti ve Date. Action: City Clerk Hines read the title and City Attorney Dannheisser reported noting that in reviewing Section 3 (D), that not everyone would know what a Sport Truck is, which is an SUV, therefore she added (SUV) after Sport Truck in the Ordinance. Public Speakers: Mary Ann Eicke Vice Mayor Goodman 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 Thursday, May 6, 2004, at 7 :30 p.m. Vote: Commissioner Brezin yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Goodman yes Mayor Edelcup yes Page 3 of 19 Summary Minutes: Regular City Commission Meeting April 15, 2004 City of Sunny Isles Beach, Florida 7D. An Ordinance of the City Commission 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; 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 and Planning and Zoning Administrator Jorge Vera reported. Public Speakers: Joe Milton; Stanley Price, Esq. Mayor Edelcup noted that he had requested this Ordinance to do away with the chain-link fences, and in allowing chain-link fences with heavy canvas on them, which in strong winds rips apart, particularly on the east side of Collins A venue where it is requested that the fences be of some solid nature so that the sand does not blow into pedestrians as well as damaging landscaping in the median area. He noted that the Ordinance permits an open type fence on the west side as the wind is not as much of an issue. Commissioner Thaler noted that this Ordinance is not retroactive. Vice Mayor Goodman asked about advertising on the fences, and Mayor Edelcup said that we will be exercising site plan review in all these matters as they come before us, including fencing. City Attorney Dannheisser said she would amend the Ordinance, instead of saying City Manager or designee, she will say the City Commission at Site Plan Review. City Manager Russo said that they don't have to get site plan approval if just basic, but if they are going to use murals and graphics, then they need to go to Site Plan Review. Joe Milton commented that the lO-foot minimum height is too tall and suggested reducing the minimum to five or six feet. Mr. Vera noted that the higher the wall the more wind pressure on the wall, and recommended the minimum of 6-feet high and 12-feet maximum height. Stanley Price said if it is made a part of site plan review, then you would have to go back and modify the original resolution, and City Attorney Dannheisser said that is not what we are doing here, and City Manager Russo suggested putting a minor change under the definition in the LDRs and in that way you will approve it, and if they change or can come back administratively to change it, the Commission will be notified. Vice Mayor Goodman moved and Commissioner Thaler 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 Thursday, May 6,2004, at 7:30 p.m. Vote: Commissioner Brezin yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Goodman yes Mayor Edelcup yes Page 4 of 19 Summary Minutes: Regular City Commission Meeting April 15, 2004 City of Sunny Isles Beach, Florida 8. ORDINANCES FOR SECOND READING (Public Hearings) 8A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Providing for the Acceptance of the Appraised Land Value of $5.6 Million for the Property Located at 16275 Collins A venue, Mandalay aIkIa Sayan; Providing for the Acceptance and Payment by the Applicant of $1,324,066.00 for the Transfer of 33,657 Square Feet and 21 Units of the City's Transferable Development Rights; Providing for an Adjustment of the Balance of Transferable Development Rights from the City's Bank to Reflect a Decrease of 36,477 Square Feet and 21 Units as Described in Exhibit "A"; Providing for a Repealer; Providing for an Effective Date. (First Reading 2/19/04 - Deferred from 3/18/04) Action: City Clerk Hines read the title and Joseph Milton, representing Sayan, requested that this item be deferred, and asked for deferral to May 20, 2004. Mayor Edelcup said that we will defer it to May 20, 2004, and the Commission agreed. 8B. An Ordinance of the City of Sunny Isles Beach, Florida, Amending Ordinances 98-44, 2002-149 and 2003-175, of the City of Sunny Isles Beach, and Amending Section 2-11.1 of the Code of Ethics of Miami-Dade County, to Require All Lobbyists, as Defined by the Code of Miami-Dade County, to Register With the City Clerk Prior to Lobbying Any City Officials, Which Definition is Amended to Include, But Not be Limited to, City Commissioners, City Employees, City Board or Committee Members; Requiring Disclosure in Writing of All Persons or Entities the Lobbyist is Representing Including a Representation by Said Person, Principal or Entity, Stating the Lobbyist is Authorized to Represent Said Principal, as Well as the Terms and Amounts of Compensation or Consideration for Such Lobbying Activity(ies); Providing for Disclosure in Writing of All Government Officials Directly or Indirectly Contacted by Such Lobbyist, Any Expenditures Involved in Such Contact, Any Fundraising or Campaign Contributions Made Directly or Indirectly by the Lobbyist to Any Government Official; Directing the City Clerk to Disseminate to the City Commission, Prior to Each and Every Public Hearing on the Event or Matter for Which Such Lobbyist May Appear, All Disclosures Required by State, County and City of Sunny Isles Beach Laws; Providing for Penalties for Violation; Providing for a Repeal of Conflicting Provisions; Providing for Codification; Providing for Severability and an Effective Date. (First Reading 2/19/04 - Deferred from 3/18/04) Action: City Clerk Hines read the title and City Attorney Dannheisser reported. Public Speakers: Henry Kay Vice Mayor Goodman moved and Commissioner Thaler seconded a motion to adopt the ordinance. Ordinance No. 2004-195 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Page 5 of 19 Summary Minutes: Regular City Commission Meeting April 15, 2004 City of Sunny Isles Beach, Florida Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Goodman yes Mayor Edelcup yes se. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance Numbers 2000-110 and 2003-166; Adopting a Revised Fee Schedule for the Building Department, Attached as Exhibit "A"; Providing the City Manager with the Authority to Review Annually All Building Department Fees; Providing for an Effective Date. (First Reading 3/18/04) Action: City Clerk Hines read the title and Building Administrator/Official Clayton Parker reported, noting that he will send out a notice to all the condominiums. Commissioner Thaler suggested putting an article in the Sunny Isles Beach Sun reporting the change, and Mr. Parker said he would do that. Public Speakers: none Commissioner Iglesias moved and Commissioner Brezin seconded a motion to adopt the ordinance. Ordinance No. 2004-196 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 SD. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Establishing Standards and Review Procedures for Preservation of Historic Landmarks; Providing for Definitions; Providing for Creation of a Historic Preservation Board; Providing for Penalties; Providing for Enforcement of Maintenance and Repair Provisions; Providing for a Repealer; Providing for Inclusion in the Code; Providing for Severability; and Providing for an Effective Date. (First Reading 3/18/04) 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 adopt the ordinance. Ordinance No. 2004-197 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin yes Page 6 of 19 Summary Minutes: Regular City Commission Meeting April 15,2004 City of Sunny Isles Beach, Florida Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Goodman yes Mayor Edelcup yes Mayor Edelcup said that they have the five names and City Attorney Dannheisser said that it can be done by a motion and approve the Resolution. The following appointments were made to the Historic Preservation Board: Mayor Edelcup: Dione Del Monico, Chairperson Vice Mayor Goodman: Joe Masters Commissioner Brezin: Herb Abramson Commissioner Iglesias: Michelle D' Arbelles Commissioner Thaler: Ellen Wynne Mayor Edelcup asked City Attorney Dannheisser if she would meet with the Board members regarding the Sunshine Law, and she said she would attend their first meeting. Vice Mayor Goodman moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2004-654 was adopted by a voice vote of 5-0 in favor. 8E. An Ordinance of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 2001- 127 Entitled "Security Alarms" and Creating a New Ordinance of the City of Sunny Isles Beach Entitled "Alarm Systems Registration"; Providing for a Purpose; Providing Definitions; Providing for Registration; Providing for Registration Fee; Providing for Alarm Systems in Apartment Complexes; Providing for Proper Alarm Systems Operation and Maintenance; Providing for Indirect Alarm Reporting; Providing for Alarm System Operating Instructions; Providing for Alarm Dispatch Records; Providing for System Performance Reviews; to Provide for False Alarm Notifications; Providing for Appeal of Fees or Penalties; Providing for Severability, Inclusion in the Code and Providing for an Effective Date. (First Reading 3/18/04) Action: City Clerk Hines read the title and City Manager Russo reported. Public Speakers: none Vice Mayor Goodman moved and Commissioner Iglesias seconded a motion to adopt the ordinance. Ordinance No. 2004-198 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin Commissioner Iglesias Commissioner Thaler Vice Mayor Goodman Mayor Edelcup yes yes yes yes yes Page 7 of 19 Summary Minutes: Regular City Commission Meeting April 15, 2004 City of Sunny Isles Beach, Florida SF. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 2003-172, Revising the Cost Recovery Deposit Fee Schedule for Planning and Zoning Services, Attached as Exhibit "A"; Providing for an Effective Date. (First Reading 4/01/04) Action: City Clerk Hines read the title and Planning and Zoning Director Jorge Vera reported. Public Speakers: none Vice Mayor Goodman moved and Commissioner Thaler seconded a motion to adopt the ordinance. Ordinance No. 2004-199 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 Sitting in as the Local Planning Agency and the City Commission, to Consider an Ordinance Amending the Land Development Regulations (LDRs) SG.1 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 265-23 of the Land Development Regulations, Relating to Transfer of Development Rights; Providing for Revised Definitions; Providing for Establishment of Sender Sites, TDRs Transferred, Fees; Providing for TDRs Transferred from City Owned Sender Sites; Providing for TDRs Transferred from Privately-Owned Sender Sites and a Revised Application Process to Consolidate the Site Plan Review Process and the Transfer of Development Rights Process; Providing for Establishment of Receiver Sites; Providing for Fees; Providing for Transferable Development Rights from City Owned Sender Sites, Transferable Development Rights from City Owned Sites; Providing for Development Rights from Privately Owned Sender Sites; Providing for Cost of Transferable Development Rights Issued by Private Owners from Privately Owned Sender Sites; Providing for Development Limitations Upon Receiving Sites; Identifying Land Ineligible for Consideration as Receiving Sites; Providing for Procedures Pertaining to the Purchase of Development Rights for Use on a Potential Receiving Site and for a Non-Refundable Deposit; Providing for Review and Recommendation by Planning and Zoning Administrator, Scheduling of Hearing, Review by the City Commission and Recording of Documents; Providing for Zoning In Progress; Providing for TDR Bank; Establishment of TDR Bank; Deposits and Withdrawals from TDR Bank and Limitations, Attached Hereto as Exhibit "A"; Providing for an Effective Date. Page 8 of 19 Summary Minutes: Regular City Commission Meeting April 15, 2004 City of Sunny Isles Beach, Florida Action: City Clerk Hines read the title, and Mayor Edelcup reported. Public Speakers: none Vice Mayor Goodman moved and Commissioner Brezin seconded the motion. LPA Resolution No. 2004-17 was adopted by a voice vote of 5-0 in favor. SG.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-23 of the Land Development Regulations, Relating to Transfer of Development Rights; Providing for Revised Definitions; Providing for Establishment of Sender Sites, TDRs Transferred, Fees; Providing for TDRs Transferred from City Owned Sender Sites; Providing for TDRs Transferred from Privately-Owned Sender Sites and a Revised Application Process to Consolidate the Site Plan Review Process and the Transfer of Development Rights Process; Providing for Establishment of Receiver Sites; Providing for Fees; Providing for Transferable Development Rights from City Owned Sender Sites, Transferable Development Rights from City Owned Sites; Providing for Development Rights from Privately Owned Sender Sites; Providing for Cost of Transferable Development Rights Issued by Private Owners from Privately Owned Sender Sites; Providing for Development Limitations Upon Receiving Sites; Identifying Land Ineligible for Consideration as Receiving Sites; Providing for Procedures Pertaining to the Purchase of Development Rights for Use on a Potential Receiving Site and for a Non-Refundable Deposit; Providing for Review and Recommendation by Planning and Zoning Administrator, Scheduling of Hearing, Review by the City Commission and Recording of Documents; Providing for Zoning In Progress; Providing forTDR Bank; Establishment ofTDR Bank; Deposits and Withdrawals from TDR Bank and Limitations; Providing for a Repealer; Providing for Severability; Providing for an Effective Date. (First Reading 4/01104) Action: City Clerk Hines read the title and City Attorney Dannheisser reported that a clause needs to be inserted into Section 8A because it conflicts with another section. She noted that Section 8A says the TDR bank rights procedures that will be adopted may be applied retroactively, but later on it states that the latest amended one would be applied to the hearing in progress, so she wants to clarify that it is retroactive as to the bank and the language that would be added on page 10 of the Ordinance, after the underlined phrase, it should be "not withstanding Section 2 of the Ordinance", and then in Section 2, we are going to add, "except as provided". Mayor Edelcup asked what the bottom line was, and City Attorney Dannheisser said they look like they are conflicting because one applies to the bank procedures which will be adopted so they will be applied retroactively whereas the contents of the Ordinance will not be. Mayor Edelcup said then it only applies to the Bank, and City Attorney Dannheisser said yes. Public Speakers: Stanley Price, Esq.; Henry Kay Page 9 of 19 Summary Minutes: Regular City Commission Meeting April 15,2004 City of Sunny Isles Beach, Florida Stanley Price, Esq., said that he is going through that process now and suggested that the process is a little onerous for the material that must be furnished as part of an application, for example if you plan to dedicate land to the City for the purpose of obtaining the building's TDRs, you are required to have an environmental study and all the title work done before you submit your application, with no reasonable expectation whether you are going to be accepted or not. He felt that it should be done subsequent to the approval of the City of accepting this site and the sale or transfer cannot be consummated until the City Manager or staff is satisfied because you are making somebody spend the money before they know if the City is going to accept the site or not. He said an environmental study would be better for the City if it was done more concurrently with the actual transfer, and the Commission agreed. City Attorney Dannheisser said that we would make it a condition subsequent to approval, it just says that the transfer won't happen until the City is satisfied. Henry Kay does not understand this and asked ifhe could meet with someone to discuss this, and Mayor Ede1cup told him to make an appointment with Planning and Zoning Administrator Jorge Vera, and that he would also meet with them if needed. Planning and Zoning Administrator Jorge Vera asked for clarification on Stanley Price's comment, and City Attorney Dannheisser said that she understood it to mean a condition subsequent would only be as to the environmental audit, and Mr. Price said both the title and the environmental audit. Vice Mayor Goodman moved and Commissioner Thaler seconded a motion to adopt the ordinance, as amended. Ordinance No. 2004-200 was adopted by a roll call vote of5- o in favor. V ote: Commissioner Brezin yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Goodman yes Mayor Ede1cup yes 9. RESOLUTIONS 9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Schematic Plan for the Active Park Located at North Bay Road and 181 st Drive, Prepared by Miller, Legg & Associates, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Page 10 of 19 Summary Minutes: Regular City Commission Meeting April 15,2004 City of Sunny Isles Beach, Florida Action: City Clerk Hines read the title and Cultural and Human Services Director Susan Simpson reported. Public Speakers: George Puig, Project Manager with Miller, Legg & Assoc.; Jaime Borelli, with Borelli and Associates Commissioner Thaler commented that since we first started this, that we decided that there was going to be a school in the vicinity, north of the park, therefore the street and parking will have to be taken out due to State law. Mr. Puig said that we would have to create a cul-de-sac or a hammerhead on 182nd Drive, in order to have traffic turn around. City Manager Russo said that we may need to change the traffic patterns and close it off to public travel, but how it ends up being reconfigured would be when we get a school proposal across the street, and the parking would have to be eliminated. Mayor Edelcup asked if it would be advisable to put a schematic to the north that would basically show how a school would fit into it. City Manager Russo said we can look at it but the amount of area that we are developing as part of this project would not affect that, and he asked Ms. Simpson if that parking is part of what gets lined or was it part of the paver type parking, and Ms. Simpson said it was going to be lined on the street, and City Manager Russo said that it is insignificant then. Ms. Simpson noted that the handicapped parking spaces needs to be kept close to the Community Center, and City Manager Russo said right, and that the park will be finished sooner than the school, and that it can be adjusted when we get the school plan. Commissioner Thaler asked if the main entrance would be changed, and Vice Mayor Goodman noted that there are two entrances to the park, and City Manager Russo said that the main entrance is across from where we anticipate putting the school, on 182nd Drive. Commissioner Thaler asked to see some sketches with the entrance flipped. Mayor Ede1cup said in looking at the plan, he does not see where any locker rooms were provided and he strongly recommends that a locker room be provided. Mayor Edelcup asked if the bathroom facilities are adequate, and Mr. Jaime Borreli of Borreli and Associates, reported that the restroom facilities in the plan, more than meets the requirements. After discussion it was decided to defer this item to May 20, 2004, in order to prepare amended schematic plans. 9B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Agreeing to Formally Modify the Comprehensive Plan, if A warded a Florida Recreation Development Assistance Program (FRDAP) Grant, to Include a Parcel of Land Located in the Golden Shores Area, as Part of the Ci ty' s Open Space and Park Development, to Expand the Golden Shores Pocket Park; Authorizing the City Manager to Take Any and All Action Necessary With Respect to the Terms of this Resolution; Providing for an Effective Date. Page 11 of 19 Summary Minutes: Regular City Commission Meeting April 15, 2004 City of Sunny Isles Beach, Florida Action: City Clerk Hines read the title and City Manager Russo reported. Public Speakers: none Commissioner Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2004-655 was adopted by a voice vote of 5-0 in favor. 9e. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager, on Behalf of the City, to Apply for and Accept a Florida Communities Trust Grant through its Florida Forever Program, for the Possible Acquisition of Property Located at 15795 Collins Avenue (Ocean Palm Motel), or Properties Located at 16050 Collins A venue, 16100 Collins A venue, and 16200 Collins A venue, for Open Space and Park Land, in an Amount of up to Six Million Six Hundred Thousand Dollars ($6,600,000.00); Authorizing the City Manager to Take Any and All Action Necessary with Respect to the Obtaining and Distribution of Grant Monies, as Appropriate; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Russo reported stating that the requirement for this grant is very specific, in that it is only for a negotiated purchase, not condemnation, and it is only to preserve land for environmental or park open space. He said that there is a system, where you get more credit for doing different things, and in one general area where you get a lot of credit, is if it is for the acquisition of property in an area that you have already targeted as something that you have wanted, that you have had public meetings on, that you have put into a capital budget process, and that is connected to other environmentally sensitive areas like the beach or other areas that you would like to just preserve. City Manager Russo said that staff has looked at this and there is an oceanfront piece that qualifies that was part of our Capital Improvement Program Town Hall meetings from two years ago, and have been in our budget, meets a tremendous criteria, is connected to the ocean, the walkways, has beach access, and Haulover, He said it meets a lot of points, is a single-owned property hotel in the south end of the City, and that it would cost a lot of money but it is an area that qualifies; and is in the south side of the City. City Manager Russo said we could collect up those very small commercial strip centers and turn that into a park land strip, and he noted that we have sent out the required letters to the property owners, which is a requirement that we get a signed letter from the property owner that says that they are willing to negotiate with us but it doesn't commit them to anything. He stated that he just received a late entry, a property owner that owns an open piece of land, a half acre or so, on Sunny Isles Boulevard, who is possibly willing to entertain that letter, and that is an area that we have targeted in other studies and reports to preserve some open space, the middle section between the east and west lanes. He stated that if we are successful in obtaining this motel, and if we get $6 Million, you are talking $8 or $9 Million on this property. City Manager Russo also sent these letters out to the owners of the lots in Golden Shores that Page 12 of 19 Summary Minutes: Regular City Commission Meeting April 15, 2004 City of Sunny Isles Beach, Florida we were targeting to purchase, and in that situation, the FRDAP Program will provide the City with approximately 50%, and we have been successful in receiving back one letter. Public Speakers: Henry Kay; Bud Scholl; John Balardo Vice Mayor Goodman moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2004-656 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 A warding Bid No. 04-01-01 to B.K. Marine Construction, Inc., for Seawall Replacement and Restoration for 183rd Street Seawall Replacement, Atlantic A venue Seawall Restoration, and Atlantic Avenue Bridge Revetment Restoration, in an Amount of $289,282.00, 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. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2004-657 was adopted by a voice vote of 5-0 in favor. 9E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Addendum to Agreement by and between the City of Sunny Isles Beach and Altius, Inc., for Consulting Services for the Design and Production of Branding to Various Materials, Automatically Renewing the Agreement Each Year, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Execute Addendum to Agreement and Do All Things Necessary to Effectuate the Terms of the Addendum; Providing for an Effective Date. Action: City Clerk Hines read the title and Administrative Services Director Alyce Hanson reported. Public Speakers: none Commissioner Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2004-658 was adopted by a voice vote of 5-0 in favor. 9F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Purchase of Fifteen (15) Bus Benches from Rep Services, Inc., Under State of Florida Government SNAPS II Agreement, in an Amount of $20,843.00 Page 13 of 19 Summary Minutes: Regular City Commission Meeting April 15, 2004 City of Sunny Isles Beach, Florida $20,048.08, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effecti ve Date. Action: City Clerk Hines read the title and Cultural and Human Services Director Susan Simpson reported noting that the amount should be $20,048.08. City Manager Russo noted that Commissioner Thaler caught this because we should have had a 4% discount. Mayor Ede1cup also noted that the delivery date said 8-12 weeks, but Ms. Simpson noted that the delivery date is May 14,2004. Public Speakers: none Commissioner Brezin moved and Commissioner Thaler seconded a motion to approve the resolution, as amended. Resolution No. 2004-659 was adopted by a voice vote of 5-0 in favor. 9G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Parking Agreement between the City of Sunny Isles Beach and RS Valet Parking Systems, for the Operation of the Pier Park Parking Lot, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Execute the Agreement and Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title and Cultural and Human Services Director Susan Simpson reported, noting that the service went into effect on March 25, 2004, and that a parking meter machine has been ordered, however, staff would like to continue to use RS Valet Parking Systems, on weekends and holidays, during the parking lot's peak usage. Commissioner Brezin pointed out that the rate for the parking lot would be the same once we have the parking meter machine. Commissioner Thaler asked if there is a delivery date for the parking meter machine, and City Manager Russo said in approximately 20 days. Public Speakers: none Vice Mayor Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2004-660 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, Approving an Ingress and Egress Agreement between the City of Sunny Isles Beach and Cornerstone Group D/B/A La Perla; Authorizing the Mayor to Execute Said Agreement; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate the Intent of this Resolution; Providing for an Effective Date. Action: Mayor Ede1cup explained that the Commission did not receive the materials in a timely manner, therefore this item has been deferred to May 6, 2004. Page 14 of 19 Summary Minutes: Regular City Commission Meeting April 15, 2004 City of Sunny Isles Beach, Florida Public Speakers: Stanley Price, Esq. City Attorney Dannheisser and Deputy Hans Ottinot answered Mr. Price's questions. Mayor Ede1cup said on the mitigation issue, what was previously agreed to will not change, only changing the parties not the terms. 91. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Partial Release of Declaration of Use between the City of Sunny Isles Beach and Five Seas Investors, Inc., Attached Hereto as Exhibit "A"; Providing the Mayor with the Authority to Execute the Partial Release; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: See action in 9H above. Deferred to May 6, 2004. 9J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Chief of Police to Expend up to $24,000.00 from Police Department Budgeted Funds to Gold Nugget d/b/a Argo Uniform Company, for the Purchase of Uniforms and Related Items for the Police Department; Providing for an Effective Date. Action: City Clerk Hines read the title and Police Chief Fred Maas reported. Public Speakers: none Commissioner Iglesias moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2004-661 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, Authorizing the Chief of Police to Expend up to $19,000.00 from Police Department Budgeted Funds to Cooper General Corporation, for the Maintenance, Repair and Purchase of Police Radios; Providing for an Effective Date. Action: City Clerk Hines read the title and Police Chief Maas reported that this will be used as needed, and by not having a service contract, it is saving the City money. Public Speakers: none Commissioner Brezin moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2004-662 was adopted by a voice vote of 5-0 in favor. 9L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Execute a Memorandum of Agreement from the Page 15 of 19 Summary Minutes: Regular City Commission Meeting April 15.2004 City of Sunny Isles Beach, Florida Florida Department of Transportation (FDOT), Attached Hereto as Exhibit "A", for the Continuing Maintenance and Landscaping of SR - A 1 A (Collins A venue) and SR -826 (Sunny Isles Boulevard); Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Russo reported noting that this is for a three-year period. Public Speakers: none Commissioner Iglesias moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2004-663 was adopted by a voice vote of 5-0 in favor. 9M. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Entering into a Sister City Relationship with the City of Netanya, Israel; 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 Cultural and Human Services Director Susan Simpson reported. Public Speakers: none Mayor Ede1cup noted that Arie Steiger was instrumental in bringing this to us, and for the Boat Parade scheduled for May 2, 2004. Commissioner Brezin moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2004-664 was adopted by a voice vote of 5-0 in favor. 9N. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Sale of Two Vehicles to Arie Steiger Auto Sales, in Response to Bid No. 04-02-01 for the Sale of Surplus City Vehicles, in the Total Amount of $11,322.00, Attached Hereto as Exhibit "A"; 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. Mayor Ede1cup asked what will become of the three other vehicles that were in the bid, and City Manager Russo said that they are still for sale. Public Speakers: none Commissioner Iglesias moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2004-665 was adopted by a voice vote of 5-0 in favor. 90. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Page 16 of 19 Summary Minutes: Regular City Commission Meeting April 15, 2004 City of Sunny Isles Beach, Florida Amending Resolution No. 2004-644, Establishing Five (5) Advisory Committees; Providing for a Repealer; Providing for an Effective Date. Action: City Clerk Hines read the title and City Attorney Dannheisser reported that this Resolution sets forth that there will be no compensation for committee members, and any out of pocket expenses must be previously approved by the City Manager. She said that it repeals the original repealer in Resolution 2004-644 wherein all committees were dissolved, the Traffic Safety Team and ADA Advisory Committee has continued to exist and shall continue to exist, as well as the Citizens' Planning Advisory Board, as and when needed. Public Speakers: none City Attorney Dannheisser stated that this Resolution renames the Health Safety and Welfare Committee to the Health and Welfare Committee, and its mission and tasks shall be formulated accordingly; and the Transportation and Traffic Control Committee shall be renamed the Traffic and Safety Committee, and she said that there has been some discussion to merge the two traffic committees, so we may come back for that. Commissioner Brezin moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2004-666 was adopted by a voice vote of 5-0 in favor. 9P. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Naming the City's New Government Center Located at 18070 Collins Avenue, as "Sunny Isles Beach Government Center"; 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 Mayor Ede1cup reported. Public Speakers: none Vice Mayor Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2004-667 was adopted by a voice vote of 5-0 in favor. 9Q. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Expressing Support for the Creation of a North Dade Regional Community Relations Board; Authorizing 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 Mayor Ede1cup reported that Nancy Powell of the Miami-Dade County Community Relations Board, visited the City recently and talked about the idea that we need to regionalize some of this Community Relations activity, which will monitor and help solve any kind of community relations problem Page 17 of 19 Summary Minutes: Regular City Commission Meeting April 15, 2004 City of Sunny Isles Beach, Florida between the cities that surround Sunny Isles Beach. Public Speakers: none Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2004-668 was adopted by a voice vote of 5-0 in favor. 9R. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2003-591 Establishing a Schedule for City Commission Meetings for Calendar Year 2004, by Changing the Zoning Hearings into Regular City Commission Meetings, Beginning at 7:30 p.m.; Providing for an Effective Date. Action: City Clerk Hines read the title and Mayor Edelcup reported that this would expedite the issues rather than waiting 30 days. Commissioner Brezin asked if the first meeting of the month could be changed to another date, and Mayor Edelcup asked if we can bring that up at the next meeting when everyone can bring their calendar. City Attorney Dannheisser clarified that Zoning can go on either meeting, not just the first meeting. Public Speakers: none Vice Mayor Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution, as amended. Resolution No. 2004-669 was adopted by a voice vote of 5-0 in favor. 10. MOTIONS None 11. DISCUSSION ITEMS None 12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 12A. Kathleen Kennedy said she needed help regarding gangs in the North Bay Road area around Intercoastal Yacht Club and Porto Bellagio, and she is asking for Police presence at night. She is urging the Commission to put pressure on Mr. Milton to put extra security at the Intercoastal Yacht Club. She stated that at around 4:00 p.m., they come off the school buses in front of Intercoastal Yacht Club and the Plaza, and they congregate and hang out, and they don't live in the neighborhood. Page 18 of 19 Summary Minutes: Regular City Commission Meeting April15,2oo4 City of Sunny Isles Beach, Florida Police Chief Fred Maas stated that this was the first time he had heard this and that Ms. Kennedy had not notified him, but that he would look into it. Chief Maas said that these people live in and around those buildings, and there is no law saying that they cannot have visitors, and people in groups of 15-20 congregating does not make them gangs, so that this would have to be determined. He stated that the Security Service at the buildings deals with people on private property. Mayor Edelcup and the Commission thanked Ms. Kennedy for bringing this to their attention and Mayor Ede1cup asked her to meet with Chief Maas. Commissioner Thaler asked Chief Maas to provide the Commission with an update on the problem. Chief Maas said he would meet with Ms. Kennedy after the Commission meeting. 13. ADJOURNMENT Vice Mayor Goodman moved and Commissioner Iglesias seconded a motion to adjourn the meeting, and Mayor Ede1cup adjourned it at 9:40 p.m. ~: Respectfully,..submitted by: . . Approved by the City Commission on May 6, 2004 .. .';' -~Li~. ~ , Jane1A. Hines, City Clerk 4 Page 19 of 19