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HomeMy WebLinkAbout2006 0411 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Tuesday, April 11, 2006, 7:30 p.m. City of Sunny Isles Beach, Florida A TTENTION ALL LOBBYISTS: CITY LAW REQUIRES 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 ORDER/ROLL 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. EdeIcup Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias (arrived at 7:35 p.m.) Commissioner Lewis J. Thaler City Manager A. John Szerlag City Attorney Hans Ottinot City Clerk Jane A. Hines, CMC Assistant City Manager Jorge Vera 2. PLEDGE OF ALLEGIANCE/INVOCA TION Action: Isaac Aelion led the Pledge of Allegiance to the flag, and Richard C. Schulman gave an invocation. Mayor EdeIcup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - March 16, 2006. Action: Commissioner Goodman moved and Vice Mayor Brezin seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 4-0-1 (Commissioner Iglesias absent) in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Add Item lOG, an Interlocal Agreement with the Miami-Dade County School Board. Action: Mayor Edelcup noted the above add-on item. Commissioner Thaler moved and Commissioner Goodman seconded a motion to approve the above change to the agenda. The motion was approved by a voice vote of 4-0-1 (Commissioner Iglesias absent) in favor. S', mmary Minutes: Regular City Commission Meeting April II, 2006 City of Sunny Isles Beach, Florida ~;. SPECIAL PRESENTATIONS SA. A Proclamation Proclaiming the Month of April 2006 as "Fair Housing Month" in the City of Sunny Isles Beach. Action: Mayor Edelcup presented a Proclamation proclaiming April 2006, as "Fair Housing Month" in the City of Sunny Isles Beach. City Clerk Hines will mail the proclamation. 5B. A Proclamation Proclaiming the Month of April 2006 as "Water Conservation Month" in the City of Sunny Isles Beach. Action: Mayor Edelcup presented a Proclamation proclaiming April 2005, as "Water Conservation Month" in the City of Sunny Isles Beach. City Clerk Hines will mail the proclamation. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of Sunny Isles Development Company LLC, Owner of the Property Located at 16901 Collins Avenue, for the Following: (Hearing #Z2005-11) 1. Pursuant to Section 265-35.D(a)(1) of the City of Sunny Isles Beach Land Development Regulations the applicant is requesting a variance from the requirements to reduce the front setback of the tower from 75 feet to 57 feet and the porte-cochere front setback from 50 feet to 35 feet 6 inches. 2. Pursuant to Section 265-35D(a)(1) of the City of Sunny Isles Beach Land Development Regulations the applicant is requesting a site plan modification of plans approved under Condition #3 of Resolution 04-Z-85 passed and adopted by the City Commission on June 17, 2004 reading as follows: Prom: Plans are on file and may be examined in the Zoning Department entitled "SEA" prepared by The Seiger Suarez Architectural Partnership consisting of26 sheets dated 2-16- 04 and 5 sheets dated revised 3-10-04, sheet C-O 1 dated 10-31-03, sheet PH 1 dated 3-11-03, for a total of 33 sheets. Plans may be modified at public hearing. To: That the project shall be developed substantially in accordance with the plan submitted for public hearing for "Sunny Isles Development Company LLC" and are on file with the City Zoning Department entitled "Paramount Beach", prepared by Fullerton Diaz Architects Inc., consisting of 24 sheets dated stamped receive 3-03-06. Plans may be modified at public hearing. All conditions approved under Resolution 04-Z-85 shall remain in affect. Protests 0 Waivers o Ex Parte ---L Action: Mayor Edelcup gave opening remarks on zoning procedures/decorum andCityClak Hines read a disclaimer for the Zoning hearing, and read the applicant's name, hearing number, location and administered the oath to the witnesses for the Zoning hearing. Assistant 2 Summary Minutes: Regular City Commission Meeting April II, 2006 City of Sunny Isles Beach, Florida City Manager Jorge Vera reported and recommended approval noting that the applicant is required to comply with all the conditions set forth in Zoning Resolution No. 04-Z-85 and a new condition relating to the maintenance of its temporary construction fence. Public Speakers: Clifford Schulman, Esq.; Julio Diaz, Architect; Lou Laermer; Isaac Aelion; Spiro Colivas; Henry Kay; Mercedes Cantrell Clifford Schulman, Esq., representing the applicant reported that the Florida Department of Environmental Protection (DEP) determined after the 2005 Hurricane Season that this building could not be placed where the City Commission had approved it in 2004, and to move it back 18-feet. Mr. Schulman said because of that they are before the Commission tonight for minor variances, and noted that the building has now been reduced by four units. Julio Diaz, Architect, presented renderings and a three-dimensional of the project. Clifford Schulman, Esq., said that they have provided a beach access easement on the north side and on the south side of the site, and he offered $300,000.00 cash for the City's Park Fund at the time of the Building Permit. Commissioner Thaler asked if this will change any of the parking that was originally approved, and Mr. Schulman said that they have the same amount of trucks and parking except that they have increased handicapped parking by one additional space. Commissioner Goodman asked if they would provide a shower, bench, foot wash, and a water fountain for the beach access, and Mr. Schulman agreed. Commissioner Iglesias said that with the land that they have they could redesign this without any variances but at this stage he said he would not ask for that but that he is going to ask for $350,000.00 for the parks instead of $300,000.00. Mr. Schulman said no because this project has been approved, sold and developed, and noted that they enticed this with the beach accesses which will cost, for improvements purposes, substantially more than the $300,000.00 in cash that he has offered, and noted that money is not coming out of lenders, it is coming out of pocket. Mayor Edelcup stated that the way we are reviewing this project today is unique as we are not here under the original site plan, we are here because DEP is requiring a change, and change is time and money. He said that we are also in a situation in today's economy where it is better to get buildings started today then it is to have to start all over again and redesign. He said some people expressed a fear that we would be setting a precedent but he said he does not believe we are as each one of these requests is on a one-on-one basis. He said that the developers know that this Commission does not generally favor variances being granted, however there are certain instances such as these where a variance of this type, which is very minor as pointed out by the Architect, some 12- feet of encroachment on the front setback on just a partial point of the building, does not justify having to go back and start from scratch and he feels that we can accommodate this developer. Mayor Edelcup said as it relates to beach accesses the City has always had a policy of wanting to have as many beach accesses as possible, and that we weren't necessarily trying to line them up with crosswalks. He said we didn't want to create a real hardship on each developer on each site by saying you have to have one on either side. He said that we basically put into the ordinance that you have to have it on one side, but that didn't mean that we wouldn't appreciate and welcome having it on two sides or that we wouldn't appreciate having it wider if that were possible. He said as it relates to this particular property, what this developer is 3 Summary Minutes: Regular City Commission Meeting April II, 2006 City of Sunny Isles Beach, Florida really doing is taking care of an error of the previous Commission when it approved Sands Point without a beach access, and if that project came before the City today, they would have a tough time getting it approved. Mayor Edelcup commended this developer for putting a beach access on the south side and noted as to the character of the developer, by offering the City monies towards park enhancements, that this is a very virtuous thing and he thanked him for taking that into account and realizing that the City is a partnership between the residents and the developers and that everyone gains by the enhancements. He said he doesn't want people to think that this is an auction and we have to keep in mind that this is not something that we are being bought to make a decision, this is a pro-offer by a developer in good conscience making a very fair and reasonable offer. Mayor Edelcup encouraged developers to keep this in mind that we are a partnership and we can work together to our mutual benefit as it helps everybody in the long range. Commissioner Goodman noted that prior to becoming a City our beaches were renourished because we had seven (7) beach accesses here in Sunny Isles Beach, and when we became a City we promised the people that any new development would have a beach access. He said we are the only City in Miami-Dade County that a developer has to give a beach access, and that is a feather in our cap for the citizens of Sunny Isles Beach. City Attorney Ottinot noted for the record that there were three conditions added: 1) the developer will provide a beach access on the south end; 2) the developer agreed to provide $300,000.00 cash contribution for park improvements; and 3) the developer agreed to provide a foot shower, a regular shower, a bench, and a water fountain on the north beach access. Vice Mayor Brezin moved and Commissioner Thaler seconded a motion for approval as amended, subject to staff conditions. Resolution No. 06-Z-100 was approved by a roll call vote of 4-1 (Commissioner Iglesias against) in favor. Vote: Commissioner Goodman yes Commissioner Iglesias no Commissioner Thaler yes Vice Mayor Brezin yes Mayor Edelcup yes 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Sections 233-3 and 233-5 of the Code of the City of Sunny Isles Beach to Increase the Application Fee for Special Events Permits; Creating an Application Fee Schedule for Special Events Permits; Repealing Section 233-5 in its Entirety; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Hines read the title, and Code Enforcement and Licensing Director Robert Solera reported. Public Speakers: none 4 Summary Minutes: Regular City Commission Meeting April II, 2006 City of Sunny Isles Beach, Florida Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the proposed ordinance 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 18,2006, at 7:30 p.m. Vote: Commissioner Goodman Commissioner Iglesias Commissioner Thaler Vice Mayor Brezin Mayor Edelcup ~ yes yes yes yes 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 Ordinance No. 2006-249 and Repealing Section 193 of the Code of the City of Sunny Isles Beach Relating to Construction Noise; Providing for Purpose and Intent; Providing for Definitions; Providing Limitations on Construction Activities; Providing for Waivers; Providing for Penalties and Enforcement; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 03/16/06) Action: City Clerk Hines read the title and Assistant City Manager Vera reported noting that this Ordinance extends the time period for construction activity as follows: Standard Time: 7:00 a.m. to 6:30 p.m. Monday through Thursday, 7:00 a.m. to 5:00 p.m. on Friday, and 9:00 a.m. to 5:00 p.m. on Saturday; Daylight Savings Time: 7:00 a.m. to 7:00 p.m. Monday through Thursday, 7:00 a.m. to 5:00 p.m. on Friday, and 9:00 a.m. to 5:00 p.m. on Saturday, and noted that there is no construction activity permitted on Sundays and certain Federal Holidays. Public Speakers: Jim Badia; Spiro Colivas; Rick Kolb; Joseph Milton; Henry Kay Commissioner Goodman asked if people are permitted to work inside a building where they don't make noise, and if they can work late hours, and on Saturdays and Sundays as long as they don't make noise. City Manager Szerlag said that he had distributed a memo on Friday in the FYI package, and noted that he met with staff, City Attorney and developers and they agreed that waivers will not be granted for any construction activities that occur outside the building footprint. He said in terms of granting waivers, the City will grant a waiver if construction activities performed within the building does not cause excessive noise, and the City defines what constitutes excessive noise as something that does not exceed 65 decibels from the property line. He said if activity does not exceed 65 decibels from the property line regardless of the time, the contractor can work, but if we get complaints, either a Code Enforcement Officer or a Police Officer goes out there and if the sound level is greater than 65 decibels, then it will be reassessed and determined that they are violating the standard. 5 Summary Minutes: Regular City Commission Meeting April II, 2006 City of Sunny Isles Beach, Florida Commissioner Goodman asked if they have to go to the City Manager to ask permission to work or can they just go in there and work and not make noise, and City Manager Szerlag said they have to come in and ask staff to fill out a form that will be submitted by listing their activities and the building contractor must adhere to it. Assistant City Manager Vera noted that outside waivers, as far as large concrete foundation pours that take 24-hours are concerned, we will give waivers on those, and City Manager Szerlag said that is covered in his memo that concrete pours will be eligible for a waiver one time per project, and that it would require a ten-day notice by the applicant. Vice Mayor Brezin said if they are working in the internal portion of the building and they are doing an activity like painting which would not disturb anyone, as well as quiet plastering, things of that nature, that would be consistent with the quiet noise, and they can do that without consulting with the City. City Manager Szerlag said some activities that we think will not cause excessive noise as Vice Mayor Brezin mentioned, painting, plastering, and cleanup materials, drywall finish, etc., and Commissioner Goodman stated that they have to come to the City to ask to work after hours to get a permit or permission, and City Manager Szerlag said yes. City Attorney Ottinot said for clarification that the ordinance does provide a 150-foot notice requirement, under the waiver provision developers have to provide abutting property owners within 150-feet, notice that they were granted a waiver, and that will be complied to. Mayor Edelcup said we want to be fair to everyone and certainly the notice requirements, and he knows that the City Manager will do his utmost to make sure that proper notice gets out to everybody. Mayor Edelcup said as it relates to the time of construction, we went through a series of meetings on this and at the first meeting they were comparing other cities and ourselves during construction times as to what times were permitted in our city versus other cities, and that this ordinance is nothing more then conforming with the majority of other cities in Miami-Dade County. Mayor Edelcup said as to the traffic problem, and again the City Manager has been working not only with our own staff but with FDOT to see if we can alleviate some of the problems that we have had in traffic backing up. He said the easiest approach to this matter is that there is always going to be inconvenience when construction is going on, the better part of valor is lets try to get it over as quickly as we can, and also at the same time being reasonable to our residents so that we are not disturbing them in the evening or early in the morning. He said we have tried to balance everything in the City to come up with an ordinance that basically gives a little to everybody. City Manager Szerlag said as to traffic issues, we all agree that lane closures are not in place to stage construction, they are in place to have essentially construction activity that the site cannot accommodate, primarily concrete pours. He said with the exception of massive pours and other construction activities for dropping off material, we are going to strive to have lanes closed only from 9:00 a.m. to 3 :00 p.m. He said that they have met with FDOT who indicated that they will allow the City to have input in the lane closure application process, and we all agreed that there will never be two lanes closed in one direction again on Collins Avenue. 6 Summary Minutes: Regular City Commission Meeting April 11,2006 City of Sunny Isles Beach, Florida Henry Kay said he was concerned about who would measure the noise, and City Manager SzerIag said that the noise will be measured by either the Police Department or the Code Enforcement Officer, 24/7 by complaint. Mayor EdeIcup noted that it will be done basically by complaint but the Code Enforcement people do work on Saturdays so they will be out on the streets. He said they won't be sitting in front of a particular project, but if they happen to hear it and see that there is a violation, and Henry Kay said then there will be a form of surveillance rather then just a response to a complaint, and Mayor EdeIcup said yes. Commissioner Thaler moved and Commissioner Iglesias seconded a motion to adopt the ordinance. Ordinance No. 2006-255 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin yes Mayor Edelcup ~ 9B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Requiring a Permit for Public Assembly Within the City Limits; Establishing Criteria for the Issuance of a Permit; Providing for Definition; Providing for Processing Fees and Compliance Procedures; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 03/16/06) Action: City Clerk Hines read'the title and City Attorney Ottinot reported. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to adopt the ordinance. Ordinance No. 2006-256 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Goodman ~ Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin yes Mayor EdeIcup yes 9C. Sitting in as the Local Planning Agency and the City Commission, to Consider an Ordinance Amending the Land Development Regulations (LDRs) 9C.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 Sections 265-34,265-35, and 265-36 of the Zoning Code to Increase the Price of a Bonus Participation Unit from $35,000.00 to $50,000.00 in Certain Zoning Districts, Attached as Exhibit "A"; Providing for an Effective Date. Action: City Clerk Hines read the title. 7 Summary Minutes: Regular City Commission Meeting April 11,2006 City of Sunny Isles Beach, Florida Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. LP A Resolution No. 2006-37 was adopted by a voice vote of 5-0 in favor. 9C.2. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Sections 265-34, 265-35, and 265-36 of the Zoning Code to Increase the Price of a Bonus Participation Unit from $35,000.00 to $50,000.00 in Certain Zoning Districts; Providing for Severability; Providing for a Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 03/16/06) Action: City Clerk Hines read the title and Assistant City Manager Vera reported. Public Speakers: none Commissioner Thaler moved and Commissioner Goodman seconded a motion to adopt the ordinance. Ordinance No. 2006-257 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin yes Mayor EdeIcup yes [City Clerk's Note: Mayor Edelcup called/or afive-minute recess cifter this item.} 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2005-807 to Approve a Set of Modified Plans Attached Hereto as Exhibit "A", for the Park-Like Improvements at the Western Portion of Sunny Isles Boulevard Causeway; Approving an Amendment to the Parking License Agreement by and between the City of Sunny Isles Beach and Fortune Beach, LLC, Attached Hereto as Exhibit "B"; Authorizing the City Manager to Do All Things Necessary to Effectuate the Agreement; Providing for an Effective Date. (Deferred from 03/16/06) Action: City Clerk Hines read the title and Assistant City Manager V era reported noting that due to the amount of utility lines running in the area together with some low areas that are prone to flooding, the design has changed slightly, and Fortune has requested an additional six (6) months to commence construction, being December 9,2006. Public Speakers: Judith Burke, Esq.; Ron Choron Vice Mayor Brezin asked Judith Burke, Esq., representing Fortune, for what reason did they not get this information long before now, they were supposed to commence with this in June, which is a better time to construct. Ms. Burke explained that when they first entered into the parking agreement they didn't have control of the site, they had never been on the site, nor did they have any of the materials that the City later provided to them. She said once they 8 Summary Minutes: Regular City Commission Meeting April I I, 2006 City of Sunny Isles Beach, Florida were provided all of the materials from the site and got on site they found out that there were utilities located all over the property and they found out that there was a retention area where they expected to drain into, is a FDOT retention area completely full so they couldn't use it. She said that they had to redesign the whole plan in order to come up with a new drainage plan which required them to drain into the Intracoastal which requires a DEP permit and that is the reason they had asked for the extension. Vice Mayor Brezin asked when did they get control of the site and Ms. Burke said they got the information approximately three (3) months ago, and all this time, even though they had the right to park on the property, they have not, so they have not utilized any part of the advantage of this bargain, everything has been at a dead stop. She said that they now have a plan that they think can be approved by DEP. Vice Mayor Brezin asked if they can start earlier so it will not take them into December and Ms. Burke said getting the DEP permit takes a considerable amount oftime, it is not within their control, but they will try to get it done before December. Commissioner Goodman asked about the parking, and Ms. Burke said that parking did not change, that there are about 35 spaces, and he asked how long will they use the parking before they give it back to the City and Ms. Burke said three years per the agreement. Mayor EdeIcup clarified that there will always be parking and landscaping there, nothing will change after they leave. City Attorney Ottinot clarified that this park-like improvement will be turned over to the City upon construction, the parking area that Jade intends to use is located exactly under, closer to Sunny Isles Boulevard. Ms. Burke said they can park some vehicles there and across the street but they don't own it or control it, they lease it from the City at a fee that they pay the City. Commissioner Goodman asked if the City would have access to the park while they use it and they said yes, and Mayor EdeIcup noted that it is not a park but a landscaped parking lot. Commissioner Iglesias said that it also belongs to the Department of Transportation which we are leasing from them and they are leasing it from us, it only requires FDOT one-month notice to take it back for any staging. Commissioner Thaler said as Vice Mayor Brezin indicated it should be done ASAP as it will be in the height of the season and whatever they bring in, it will not enhance the traffic situation during that period. Ms. Burke said they will do it as fast as they can. Mayor EdeIcup noted that they are basically going to build what was originally presented to the Commission and approved at that previous meeting, and all they are asking for tonight is a delay. He said whatever it will cost to build this, Fortune is absorbing that cost, and ifthere has been inflation between June and December, that is Fortune's cost. Ms. Burke agreed, and noted that it is the plan that they presented but slightly modified as presented in the package tonight. Ron Choron of Fortune International, noted that it is not just DEP, but it is DERM, Corp. of Engineers, and others. Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-908 was adopted by a voice vote of 5-0 in favor. lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying Approving the Purchase and Installation of Nine (9) Police Radios and Warning Equipment for City Vehicles, in the Total Amount of $42,185.00, Attached Hereto as 9 Summary Minutes: Regular City Commission Meeting April II, 2006 City of Sunny Isles Beach, Florida Exhibits "A" and "B", Respectively; 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 Fleet Management Supervisor John Rencher reported. Public Speakers: none Mayor EdeIcup asked if this was a housekeeping item as the equipment was already purchased, and the record should reflect that. He said what we are doing tonight is ratifYing a purchase. Commissioner Iglesias moved and Vice Mayor Brezin seconded a motion to approve the resolution, as amended. Resolution No. 2006-909 was adopted by a voice vote of5-0 in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Purchase Agreement and a Service Agreement with Bear Paw Systems, Inc. for a Telephone/Radio Recording System and Maintenance Services for the Police Department, in the Amounts of$15,647.00 and $1,647.00 Respectively, Attached Hereto as Exhibit "A" and Exhibit "B"; Authorizing the Mayor to Execute Said Agreement; 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 Police Captain Michael Grandinetti reported. Public Speakers: none Commissioner Goodman moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-910 was adopted by a voice vote of 5-0 in favor. 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Option Agreement with Crescent Heights XLIV, Inc. for Purchase and Sale of Real Property, of Approximately 3.82 Acres Located at 19200 Collins Avenue, in the Amount of $19.6 Million with an Option Deposit of $200,000.00 for a 120-Day Option, Which Deposit Shall be Applied to the Purchase Price if the City Proceeds to Purchase and to be Sacrificed if the City Declines to Proceed, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Providing the City Manager and the City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and City Attorney Ottinot and City Manager Szerlag reported. Public Speakers: none Mayor EdeIcup thanked Russell Gal but and staff for moving expeditiously in bringing this property to the City. He said that it is a wonderful opportunity for the City of Sunny Isles 10 Summary Minutes: Regular City Commission Meeting April I I, 2006 City of Sunny Isles Beach, Florida Beach to acquire nearly four (4) acres of ground on the west side of Collins Avenue to immensely increase the amount of acreage that we have for green belt or park facilities in the City. He said it goes without saying that by converting this to a park facility there will be no development and therefore we are arriving at a use of calming the various community apartments that is around this project so that they will be able to have a peaceful atmosphere along with a park-like setting, as we don't really have a park in the north end of the City. Mayor EdeIcup stated that this goes in keeping with the Workshop that we had just over a month ago in which this Commission full heartedly endorsed and suggested to staff to move forward as quickly as possible in acquiring as many of these sites as can be brought before the Commission. He said it is better to acquire these sites now while the opportunity is here then to wait or have future Commissions having to deal with projects that have already been built and then trying to find green space. He said that we have accomplished a lot with this first step and commended the seller and staff on being able to put it together so quickly for them. Commissioner Goodman noted on page 123 of the agenda packet, there are 11 permitted exceptions, those are easements and things that have to do with the property and he wanted those clarified. City Attorney Ottinot said that the majority of the utility easements that were granted to FPL to the City of North Miami Beach and additionally there is an easement that was granted to Ramada in trade for parking on that site. He said that easement went with the land when the Ramada was before a previous Commission, that easement was also part of the approval of the Ramada site plan. He noted that that is the only easement that the City will have to deal with eventually in constructing the site, but most of the other easements are not a major issue. Commissioner Goodman said he was concerned because presently there is a curb cut that they park from Collins A venue and he would like to see some of the changes for the parking for the Ramada there, we have to go into the street there that goes into Ocean View to go in and out of the parking lot, which is Gallahad Dade, and Mayor Edelcup said right now it is a moot point until we are doing something with the development. Commissioner Thaler said that this is terrific in terms that we should be able to correct where about 100 school children stand on that corner and there is a bus that turns right into them. He said he researched this and found out that that is the worst accident area in Sunny Isles Beach from 193rd Street to the other side of the Lehman Causeway, in ten (I 0) months there were 85 accidents recorded in that area. He said in obtaining this property we should be able to alleviate a lot of those problems that could have occurred by having a building there, so he believes it is a very good step forward for the City, and the Commission agreed. Commissioner Thaler moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2006-911 was adopted by a voice vote of 5-0 in favor. toE. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Reappointing Seven (7) Members to the Historic Preservation Board, Attached As Exhibit "A"; Providing for an Effective Date. Action: City Clerk Hines read the title and Mayor Norman S. EdeIcup reported noting that these are two-year terms. Public Speakers: none II Summary Minutes: Regular City Commission Meeting April 'I, 2006 City of Sunny Isles Beach, Florida Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-912 was adopted by a voice vote of 5-0 in favor. 10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Certain Appointments to the Five (5) Advisory Committees (Which Comprise the Mayor's Advisory Council), More Specifically Outlined on Exhibit "A" Attached Hereto; Providing for an Effective Date. Action: City Clerk Hines read the title and Mayor Norman S. Edelcup reported noting that these are annual appointments. Public Speakers: none Vice Mayor Brezin moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-913 was adopted by a voice vote of 5-0 in favor. lOG. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Execution of an Interlocal Agreement Between the School Board of Miami-Dade County, Florida, and the City of Sunny Isles Beach Relating to the Construction ofa K- 8 Public School in Sunny Isles Beach, Attached Hereto as Exhibit "A"; Authorizing the City Attorney and the City Manager 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 City Attorney Ottinot reported. Public Speakers: none Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. ResolutiOll'No. 2006-914 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS None 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. Isaac Aelion requested that the City Commission consider a resolution to allow the erection of monument signs at entrances of various communities such as Poincianna, Winston 12 Summar} Minutes: Regular City Commission Meeting April II, 2006 City of Sunny Isles Beach, Florida Towers, Golden Shores, and so forth. He said they are having a meeting about the sign at the entrance of Winston Towers 700 on April 19, and he thought it appropriate to come back to them with at least some sort of date as to when they can hope to have some positive feedback from the Commission about this. City Manager Szerlag said that our consultants, Calvin Giordano and Associates, are going to be given an assignment tomorrow to come up with two or three different monument sign designs and by the next meeting [May 18, 2006] we will have some designs for the Commission to look at, they will then decide which schematic they like the best and then we can take it from there. Mayor Edelcup said that the City will underwrite the cost for this. . Commissioner Iglesias noted that when we do these monument signs that we need to look at the right-of-way, whether it is public or private, we may need to get an easement if it is going to be private to place some of these signs, depending on how nice they are going to look and the space that will be required. Mr. Aelion said that is a good point because the City will have to ask for permission from the different complexes. 14. ADJOURNMENT Commissioner Goodman moved and Commissioner Thaler seconded a motion to adjourn the meeting, and Mayor EdeIcup adjourned it at 9:25 p.m. .' . ~ . ~;. - .. :,Respectfull)!'stibmitted by: Approved by the City Commission on May 18, 2006 ' ~. . .. ~"'-.'-' ...:A.......~ " - ;' - ,',' \ - .~ . w , "': * /' '\ . ~ . . ,,- - ., ..,~ " Jane;A. Hines, CMC, City Clerk . '. \ ( " . \ i, I .1 . " 13