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HomeMy WebLinkAbout2004 0219 Regular City Commission Meeting .~ I , I 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 Page 2 of 11 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 Page 3 of 11 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 Page 4 of 11 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 Page 5 of 11 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 Page 6 of 11 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. Page 7 of 11 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. Page 8 of 11 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 Page 9 of 11 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. Page 10 of 11 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. '"A ~ 1 .' ,-""~ . ,;. Re~pecttuHy ,submItted by: (/~."'~"I'-<:A" ~ Ii>: , . / ". r. ." . . . ". .' ' ~ . \ '. ~ ~~ne;\. Hines, ~c;jty Clerk ; .'./ \ Approved by the City Commission on March 18,2004 ./ . ~.." Page 11 of 11