HomeMy WebLinkAbout2004 0219 Regular City Commission Meeting
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SUMMARY MINUTES
Regular City Commission Meeting
Thursday, Februaryi 19,2004,7:30 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 Ede1cup at 7:32 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 M. 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
gave an invocation.
Mayor Edelcup gave opening remarks of decorum, and introduced Miami-Dade County
Judge Fred Seraphin in the audience.
3. APPROVAL OF MINUTES
3A. Special City Commission Meeting/Executive Session - January 6,2004.
3B. Special City Commission Meeting/Executive Session - January 15, 2004.
3e. Regular City Commission Meeting -January 15,2004.
3D. Special City Commission Meeting - February 10, 2004.
Action: Commissioner Iglesias 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.
Summary Minutes: Regular City Commission Meeting February 19,2004
City of Sunny Isles Beach, Florida
4. ORDER OF BUSINESS (AdditionslDeletions/Amendments)
4A. Request to hear 91 after 3D; Revised the TDR Ordinance, Item 8A.2.
Action: Mayor Ede1cup asked for a motion to approve the changes above.
Mayor Ede1cup moved and Commissioner Iglesias seconded a motion to approve the
above-mentioned changes to the agenda. The motion was approved by a voice vote
of 5-0 in favor.
5. SPECIAL PRESENT A TIONS
None
6. ZONING
None
7. ORDINANCES FOR FIRST READING
7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Providing for the Acceptance of the Appraised Land Value of $5,044,400.00 for the
Property Located at 16275 Collins A venue, Mandalay L.L.C., aIkIa Sayan; Providing
for the Acceptance and Payment by the Applicant of $1,180,014.00 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.
Action: City Clerk Hines read the title and Planning and Zoning Administrator Jorge Vera
reported. Mayor Ede1cup further explained this Ordinance.
Public Speakers: Joe Milton
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, March 18,2004, at
7:30 p.m.
Vote:
Commissioner Brezin
Commissioner Iglesias
Commissioner Thaler
Vice Mayor Goodman
Mayor Ede1cup
yes
yes
yes
yes
yes
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Summary Minutes: Regular City Commission Meeting February 19, 2004
City of Sunny Isles Beach, Florida
7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Ordinance Numbers 98-45, 99-60 & 99-81 Which Adopted an Occupational
License Tax Pursuant to Chapter 205, Florida Statutes (1997); Amending Section 11,
Entitled Occupational License Tax Schedule; Providing for Inclusion in the Code, for
Severability, and an Effective Date.
Action: City Clerk Hines read the title and Mayor Ede1cup reported that the only change is
that a principal owner who has multiple sites for malls or shopping centers, and operates
out of one office, only needs one license to operate, even if they had multiple locations,
and therefore the fee is being changed to a one-time charge of $750.00.
Public Speakers: none
Commissioner Iglesias moved and Commissioner Thaler 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, March 18, 2004, at
7:30 p.m.
Vote:
Commissioner Brezin
Commissioner Iglesias
Commissioner Thaler
Vice Mayor Goodman
Mayor Ede1cup
yes
yes
yes
yes
yes
7C. 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.
Action: City Clerk Hines read the title and Mayor Edelcup explained that this is a result of
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Summary Minutes: Regular City Commission Meeting February 19. 2004
City of Sunny Isles Beach, Florida
the June 2003 Election calling for disclosure of financial arrangements by Lobbyists, and
this Ordinance implements that. City Attorney Dannheisser reported that this Ordinance
also includes a provision for all Lobbyists to sign into a Lobbyists Log at the receptionist
desk where Lobbyists will sign in when entering City Hall and indicate which
Commissioner or staff they are visiting. Mayor Edelcup noted that the log at the
receptionist's desk is a general log for all visitors and Lobbyists.
Public Speakers: Stanley Price, Esq.; Susan Fried
Stanley Price, Esq., said he felt that this is in violation of Florida Bar rules, and Mayor
Ede1cup said that we cannot change what has been mandated by the people, but that Mr.
Price and City Attorney Dannheisser could get a ruling from the Florida Bar. City
Attorney Dannheisser said that they already checked with the Florida Bar but that she
would be happy to check again before second reading.
Commissioner Iglesias moved and Commissioner Thaler 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, March 18,2004, at
7:30 p.m.
Vote:
Commissioner Brezin
Commissioner Iglesias
Commissioner Thaler
Vice Mayor Goodman
Mayor Ede1cup
yes
yes
yes
yes
yes
8. ORDINANCES FOR SECOND READING (Public Hearings)
8A. Sitting in as the Local Planning Agency and the City Commission, to Consider an
Ordinance Amending the Land Development Regulations (LDRs)
8A.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 Sending 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, Cost of Transferable Development
Rights from City Owned Sites; Providing for Transferable Development Rights from
Privately Owned Sender Sites; Providing for Cost of Transferable Development Rights
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Summary Minutes: Regular City Commission Meeting February 19,2004
City of Sunny Isles Beach, Florida
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; Providing for Review and
Recommendation by Planning and Zoning Administrator, Scheduling of Hearing, Review
by the City Commission and Recording of Documents; 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.
Action: City Clerk Hines read the title, and Mayor Edelcup reported.
Public Speakers: none
Commissioner Iglesias moved and Commissioner Thaler seconded the motion. LPA
Resolution No. 2004-14 was adopted by a voice vote of 5-0 in favor.
SA.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Repealing Amending Section 515 265-23 of the Land Development Regulations,
Relating to Transfer of Development Rights; Providing for Revised Definitions;
Providing for Establishment of Sending 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, Cost of Transferable Development
Rights from City Owned Sites; Providing for Transferable Development Rights from
Privately Owned Propcrty 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; Providing for Review and
Recommendation by Planning and Zoning Administrator, Scheduling of Hearing, Review
by the City Commission and Recording of Documents; Providing for TDR Bank;
Establishment of TDR Bank; Deposits and Withdrawals from TDR Bank and
Limitations; Providing for a Repealer; Providing for Severability; Providing for an
Effective Date.
(First Reading 1/15/04)
Action: [City Clerk's Note: A revised Ordinance was distributed.) City Clerk Hines read
the title, and Mayor Edelcup noted that the revised Ordinance includes that it will be the
responsibility of the developer to bring the City a mock-up model in three-dimension, so
that when we are looking at receiving sites and doing site plan reviews, we can visually
see the impact on the site plans as it relates to the size of the buildings, the placement of
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Summary Minutes: Regular City Commission Meeting February 19,2004
City of Sunny Isles Beach, Florida
those buildings, and how it relates to the streetscape and the side setbacks. Commissioner
Thaler noted that the 50,000 square feet was changed to 50,373 square feet. City Attorney
Dannheisser reported that this new Ordinance requires that the Commission have all the
information before them.
Public Speakers: Stanley Price, Esq.; Cecile Sippin; Henry Kay
Commissioner Brezin moved and Commissioner Thaler seconded a motion to adopt the
ordinance, as amended. Ordinance No. 2004-193 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 Ede1cup yes
9. RESOLUTIONS
9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving an Consultant Agreement between the City of Sunny Isles Beach and
Miller, Legg & Associates, for Landscape Architectural Services to Redesign the
Active Park Located at North Bay Road and 181stDrive, in an Amount of $288,220.00,
Attached Hereto as Exhibit "A"; Providing for Execution by the Mayor; Authorizing the
City Manager to Do All Things Necessary to Effectuate Said Agreement; Providing for
an Effective Date.
Action: [City Clerk's Note: A Site Plan was distributed.] City Clerk Hines read the
title and City Manager Russo reported.
Public Speakers: George Puig, Project Manager; Casey Gabor
Mayor Edelcup noted that a school is being planned in the near future across the Street at
182nd Drive, and that this would be a playground and activity center for the children at
the school.
George Puig, Project Manager from Miller, Legg & Associates, presented a rendering of
the Site Plan of the Active Park. Vice Mayor Goodman asked what the dimensions of the
foul lines are and that it will be a Little League Field, Mr. Puig said that it is about 200-
feet and accommodates a Little League playing field. Mayor Ede1cup introduced in the
audience Mayor Jeff Mishcon of North Miami Beach, who is the head of the Little
League Baseball Team. Commissioner Thaler noted that there is now plenty of parking
places available for the park, and Commissioner Brezin said that there is parking around
the perimeter of the park and across the street. Vice Mayor Goodman said that this will
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Summary Minutes: Regular City Commission Meeting February 19,2004
City of Sunny Isles Beach, Florida
be a fenced-in park with an entrance on 182nd Drive, and it was noted that there is another
entrance at 181 st Street to enter into the main entrance of the Community Center.
Commissioner Iglesias moved and Commissioner Brezin seconded a motion to approve
the resolution. Resolution No. 2004-635 was adopted by a voice vote of 5-0 in favor.
9B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving the Addendum (Renewal) of the Lease Agreement between the City and
RK Associates, Attached Hereto as Exhibit "A"; Directing the City Manager and City
Attorney to Do All Things Necessary to Effectuate the Terms of this Agreement;
Providing for an Effective Date.
Action: City Clerk Hines read the title and Mayor Ede1cup reported.
Public Speakers: none
Commissioner Brezin moved and Commissioner Thaler seconded a motion to approve
the resolution. Resolution No. 2004-636 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 Expenditure of up to $7,500.00 for the Holocaust Survivor Program;
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 Mayor Ede1cup reported noting that Richard
Schulman, City Historian, is spearheading this March 28, 2004 event.
Public Speakers: none
Commissioner Iglesias moved and Commissioner Brezin seconded a motion to approve
the resolution. Resolution No. 2004-637 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,
Modifying the General Fund by Moving $102,000.00 from the "Contingency" Account
Under Administrative Services, to the Various Departments, as Indicated Herein;
Providing for an Effective Date.
Action: City Clerk Hines read the title and City Manager Russo reported.
Public Speakers: none
Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve
the resolution. Resolution No. 2004-638 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes: Regular City Commission Meeting February 19, 2004
City of Sunny Isles Beach, Florida
9E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the Chief of Police, in Accordance with the Comprehensive Crime Control
Act of 1984 to Expend $50,000.00 from the Federal Forfeiture Fund for the Purposes
as Set Forth Herein; Providing for an Effective Date.
Action: City Clerk Hines read the title and Police Lt. Mike Grandinetti reported noting
that these funds will be used to build a law enforcement computer network.
Public Speakers: none
Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No. 2004-639 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 Weitz Co. to Repair the Drainage in the Golden Strand Parking Area
Adjacent to the City Hall Site; Authorizing the City Manager to Enter into a Contract
between the City of Sunny Isles Beach and the Weitz Company, in an Amount Not to
Exceed $60,000.00; Authorizing the City Manager to Execute and Effectuate Said
Contract; Providing for an Effective Date.
Action: City Clerk Hines read the title and Planning and Zoning Administrator Vera
reported.
Public Speakers: none
Vice Mayor Goodman moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No. 2004-640 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 a Consultant Agreement with Beiswenger, Hoch and Associates, Inc.
(BH&A), for Photogrammetric and Mapping Services of the City of Sunny Isles
Beach, in the Amount of $68,585.83, 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 Said Agreement; Providing for an Effective Date.
Action: City Clerk Hines read the title and City Manager Russo reported.
Public Speakers: none
Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve
the resolution. Resolution No. 2004-641 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes: Regular City Commission Meeting February 19,2004
City of Sunny Isles Beach, Florida
9H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving Amendment No.2 to Contract by and between the City of Sunny Isles
Beach and Spillis Candela & Partners, Inc. for Additional Architectural Services
with Respect to the New Government Center Facility Located at 18070 Collins
A venue, in the Amount of $191,902.00, Attached Hereto as Exhibit "A"; Providing for
Execution by the Mayor; Authorizing the City Manager to Do All Things Necessary to
Effectuate Said Amendment; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Planning and Zoning Administrator Vera and
City Manager Russo reported.
Public Speakers: none
Commissioner Iglesias moved and Commissioner Brezin seconded a motion to approve
the resolution. Resolution No. 2004-642 was adopted by a voice vote of 5-0 in favor.
91. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Renaming the Golden Shores Pocket Park the "Ellen Wynne Park"; Providing for an
Effective Date.
Action: City Clerk Hines read the title and Commissioner Thaler reported that it has
been changed to the 192nd Street Beach Access, and to be named the "Ellen M. Wynne
Beach Access".
Public Speakers: Ellen Wynne
Mayor Ede1cup and the Commission thanked Ms. Wynne for her dedication to the City of
Sunny Isles Beach and to all of South Florida.
Commissioner Brezin moved and Vice Mayor Goodman seconded a motion to approve
the resolution. Resolution No. 2004-643 was adopted by a voice vote of 5-0 in favor.
9J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Establishing Five (5) Advisory Committees to the Mayor's Advisory Council
(M.A.e.); Providing for the Appointment of a Chair of Each Committee as the Liaison to
the City Commission; Providing for the Selection of Committee Members; Providing for
Annual Reporting Requirements; Providing for the Termination of Committees;
Providing for an Effective Date.
Action: City Clerk Hines read the title and Mayor Edelcup reported.
Public Speakers: none
Commissioner Brezin moved and Commissioner Thaler seconded a motion to approve
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Summary Minutes: Regular City Commission Meeting February 19,2004
City of Sunny Isles Beach, Florida
the resolution. Resolution No. 2004-644 was adopted by a voice vote of 5-0 in favor.
10. MOTIONS
None
11. DISCUSSION ITEMS
HA. Discussion regarding Traffic Circulation and Traffic Modeling.
(Requested by Commissioner Danny Iglesias)
Action: Commissioner Iglesias reported what he thought would be the cutting edge in
traffic and pedestrian safety analysis and what it is going to mean to the City. He said
that an Engineering Firm named Techno-Mach has developed a series of microscopic
traffic simulation models that uses paramex, which is a very highly sophisticated
technology system. He noted that this can be paid for by the Y2% Sales Tax. Mayor
Ede1cup asked City Manager Russo to look into this.
Public Speakers: none
HB. Add-On:
Renaming Gilbert Samson Oceanfront Park.
Action: Mayor Ede1cup noted that a Resolution will be on the March 18,2004 agenda
proposing that the Gilbert Samson Oceanfront Park be renamed in honor of Gilbert and
David Samson, as the Samson Oceanfront Park.
Public Speakers: Philip Chernoff
12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
12A. Add-On:
Don Stewart recounted memories of his 54 years in the City of Sunny Isles Beach and
announced that he will be moving to Jupiter next week.
12B. Add-On:
Henry Kay remarked on the Coalition's stance on the Casino Property, and the settlement
agreement with R. Katz.
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Summary Minutes: Regular City Commission Meeting February 19,2004
City of Sunny Isles Beach, Florida
13. ADJOURNMENT
Commissioner Brezin moved and Commissioner Iglesias seconded a motion to adjourn
the meeting, and Mayor Ede1cup adjourned it at 9:35 p.m.
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Approved by the City Commission on March 18,2004
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