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HomeMy WebLinkAbout2006 1116 Regular City Commission Meeting -- SUMMARY MINUTES Regular City Commission Meeting Thursday, November 16,2006,7:30 p.m. City of Sunny Isles Beach, Florida ATTENTION 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 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. Edelcup Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias (arrived at 7:31 p.m.) Commissioner Lewis J. Thaler City Manager A. John SzerIag City Attorney Hans Ottinot City Clerk Jane A. Hines, CMC Assistant City Manager Jorge Vera Patricia SaintVil-Joseph, Deputy City Attorney 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Commissioner Iglesias led the Pledge of Allegiance to the flag, and Richard C. Schulman gave an invocation. Mayor Edelcup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Special City Commission Meeting - October 17, 2006. Action: [City Clerk's Note: Amended page 2 distributed prior to the meeting.] Commissioner Thaler moved and Vice Mayor Brezin seconded a motion to approve the above-mentioned Summary Minutes, as amended. The motion was approved by a voice vote of 5-0 in favor. 3B. Regular City Commission Meeting - October 19,2006. Action: [City Clerk's Note: Amended page 5 distributed prior to the meeting.} Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the above-mentioned Summary Minutes, as amended. The motion was approved by a voice vote of 5-0 in favor. Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Hear Item 1 OA after Item 6A. Handouts included: Item 3A, revision to page 2 of Summary Minutes; Item 3B, revision to page 5 of Summary Minutes; Item 6A, Revised Development Review Report; Add-On Item 71, Ordinance entitled "Fire Prevention and Protection Regulations"; provided additional information for Item 10H, Correspondence re: Trump Royale. Action: Mayor EdeIcup noted the above changes. Commissioner Thaler moved and Vice Mayor Brezin seconded a motion to approve the above 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: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of Sunny Isles Resort Development, LLLP., Owner of the Property Located at 17475 Collins Avenue, for the Following: (Hearing #Z2006-08) 1. Pursuant to Section 265-18 ofthe City of Sunny Isles Beach Land Development Regulations, the applicant is requesting a site approval for 32 stories, 107 unit condominium. 2. Pursuant to Section 265-23 ofthe City of Sunny Isles Beach Land Development Regulations, the applicant is requesting the transfer of 51,749 square feet and 25 units development rights from the City's Transfer of Development Rights Bank ("Bank"). (An adjustment to be made for a decrease of 51,749 square feet and twenty eight (28) dwelling units from the City's Transfer Development Rights Bank). 3. Pursuant to Section 265-35 CD) (8) of the City of Sunny Isles Beach Land Development Regulations, the applicant is requesting a waiver of the Beach Access Easement requirement under the Land Development Regulations. 4. Pursuant to Section 265-46 (A) (4) of the City of Sunny Isles Beach Land Development Regulations, the applicant is requesting to permit 38% tandem parking, other than handicapped parking (20% tandem parking permitted). 5. The applicant is requesting a variance from Section 265-35D( 4)(c)[2][b] ofthe City of Sunny Isles Beach Land Development Regulations permitting the pedestal to be setback to zero (0'- 0") feet on the north side (12' -0") feet is required. (Deferred from 10/1 7/06) Protests -1- 0 Waivers 0 Ex Parte ~ Action: [City Clerk's Note: A revised Development Review Report, and a letter from Joseph Milton withdrawing his protest, was handed out prior to the meeting.] Mayor EdeIcup gave 2 Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida opening remarks on zoning procedures/decorum and City Clerk Hines read a disclaimer for the Zoning hearing, and administered the oath to the witnesses for the Zoning hearing. City Clerk Hines asked if there were any Ex Parte disclosures, and there were none. Assistant City Manager Jorge Vera reported noting that this item was deferred from October 17,2006 because the applicant needed to discuss some issues with adjoining property owners. He said this property is adjacent to Samson Park and has a relatively narrow lot width of just over 100-feet. He noted that the applicant reduced the number of units from 107 to 103, and consequently the amount of parking spaces went from 163 to 156 due to the reduction in the number of units. He said the major change to the building is the parking pedestal that was revised and a planter has been created along that side. He said staff does not see this variance setback as detrimental to adjoining properties. He said the applicant is also requesting a waiver of the beach access easement, and staff is in the opinion that the beach access should be waived due to the safety and welfare of the public. Public Speakers: Clifford Schulman, Esq.; Kobi Karp, Architect; Henry Kay; Gloria Taft; Leib Kamishev Clifford Schulman, Esq., representing the applicant, reported that one of things they had asked for last month was a north setback variance that would have put a wall above 6- feet another 7- 8 feet adjoining their north property line. He stated that the property owner to the north, Mr. Jose Milton, expressed some concerns regarding that, and they revised the plan so that today's variance is a minor variance as opposed to what they had before. He said they pulled the building back 18-feet from what had been previously proposed on the north side, and so the variance they are requesting is the minimum necessary to build this building. He said it is a 32-story building with 103 units, a 4-unit reduction, and the objection that was filed by their neighboring property owner, Mr. Milton, was formally withdrawn. Kobi Karp, Architect, presented renderings of the project, noting that the lobby would open up to the adjacent Samson Park. He said they created a vertical glass image in the front with a crystalline look which at night has up-lighting and back-lighting, with landscaping. Mr. Schulman said in TDRs, the applicant has agreed to pay the City $6.8 Million, in addition the bonuses are $1.3 Million, and he offered an additional mitigation payment of $750,000 that would go to the City for its public purposes, hopefully to enhance the Park. He said this would bring to the City approximately $8.9 Million in additional revenue from this project. Vice Mayor Brezin said that there is quite a distance to the next beach access and asked ifthey could create some type of an emergency exit so if there is an emergency on the beach they have a way out. Mr. Schulman said if anyone needed help they could come through the building. Mr. Karp noted on the plans that there is a fire staging area which is half way through the site where the lobby is, emergency vehicles can come there. He said there is also an elevator on the beach side so they can bring a gurney up and into an emergency EMS vehicle. Mr. Schulman said a fire truck can get up to that area on the north side. Commissioner Thaler said parking spaces have been reduced because of the reduction in the amount of units, however, the handicapped parking, he assumes has not been reduced. Mr. Schulman said that is correct, they meet the required six (6) spaces, and that there is 24 hour valet parking; residents of the building cannot park their cars without valet. 3 Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida Commissioner Goodman noted coming in and out of the property, there is only one entrance and exit, and there is no traffic light. He said getting out of the property you can only make a right turn and go north, you can only get into the property coming from the south, and coming from the north they would have to make a u-turn at 1 nnd Street. Mr. Schulman said they are aware of it and it has been cleared by DOT as well as the City Traffic Engineer. Commissioner Iglesias said that a beach access adjoining the Park would make it bigger. He said in 2000 when they did the MUR which kick-started the development here, we realized that there were going to be some 1 OO-foot lots, and at that time there were five (5), and it was the intent of that Commission to try to see ifthere was a way that some ofthose 1 OO-foot lots would merge. He said some made it and some did not, but the hardship was there at the beginning when the owner bought this property. Mayor Edelcup said typically beach accesses are required with each property, and our plans provided for whenever there is a building adjacent to a public access, as we have here in Samson Park, the requirement is no longer a mandate as well as the fact that the Planning and Zoning Administrator can look at it from a safety feature as to whether or not this beach access would present a problem. He said in his opinion everyone will use the beach access in Samson Park, we would wind up with a beach access, if we were to ask for one on this property, that we would have to maintain as part of all the City beach accesses, and we would find that no one will be using it because everyone would typically walk through the Park. He said as it relates to the other issue that Vice Mayor Brezin brought up, he believes that the developer has addressed that and that there would be access on the north side certainly we can't put a beach access on that side because again it runs adjacent to the other property, and there just isn't room for it. He said eventually there will be another beach access when the property to the north of it is developed. City Attorney Ottinot noted for the record that the Applicant agreed to an additional mitigation payment of $750,000.00. Commissioner Iglesias said he would vote yes only because it is adjacent to a Park, and because if we had a mechanism we could take the extra five or ten feet and add it to the Park where there would only be one maintenance. He said that the Mayor is right, no one is going to use the access unless we mitigate it towards the Park, but for the record, he hates to gives up any beach access. Vice Mayor Brezin moved and Commissioner Thaler seconded a motion for approval as amended, subject to staff conditions. Resolution No. 06-Z-105 was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin yes Mayor Edelcup yes [City Clerk's Note: The City Commission heard Item lOA after 6A.] 4 Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 14 of the Sunny Isles Beach Code Entitled "Code Enforcement"; Providing Revised Definitions; Providing for Increased Penalties; Providing for a Minimum Administrative Cost; Authorizing the Code Enforcement and Licensing Director to Grant Late Hearing Requests Based on Extenuating Circumstances; Providing for Repeal of Conflicting Provisions; Providing for Severability, Inclusion in the Code, and an Effective Date. Action: City Clerk Hines read the title and Community Development Director Robert Solera reported. Public Speakers: none Commissioner Goodman asked who would be responsible if a condo has a problem with a leak, and Mr. Solera said we would have to determine where the leak is coming from, if it occurs in a common area it is the responsibility of the Condo Association, and anything pertaining to the unit itself, it is the unit owner's responsibility. Commissioner Thaler asked if the Special Master administrative cost is going from $60 to $75, and Mr. Solera said that is correct, however there is a leeway that we need to provide per State Statute 162 for the Special Master to reduce the set fee or increase it at their discretion. Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of5-0 in favor. Second reading, public hearing will be held on Thursday, December 14, 2006, at 7:30 p.m. V ote: Commissioner Goodman ~ Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin yes Mayor EdeIcup yes 7B. Public Hearin2: Sitting in as the Local Planning Agency and the City Commission, to Consider an Ordinance Amending the Land Development Regulations (LDRs) 7B.1 A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida, Approving and Recommending an Ordinance Entitled "First Small Scale Amendment to the Future Land Use Map of the City of Sunny Isles Beach Comprehensive Plan"; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot noted for the record that the Commission is sitting as the Local Planning Agency. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. LP A Resolution No. 2006-38 was adopted by a voice vote of 5-0 in favor. S Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida 7B.2. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Entitled "First Small Scale Amendment to the Future Land Use Map of the City of Sunny Isles Beach Comprehensive Plan"; Providing for Transmittal to the Florida Department of Community Affairs; Providing for Severability; Providing for Repealer; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager Jorge Vera reported noting that at this time there is a need to amend the Future Land Use Plan to designate new properties acquired by the City for recreation open space purposes under the FLUM. He said Parcel No. 1 is the property located at 19200 Collins Avenue, consisting of3.8 acres; Parcel No.2 is a parcel identified as the Town Center Park, 172nd and Collins A venue, that property consists of approximately 3.17 acres; Parcel No.3 is inside the Golden Shores community which is next to the existing Pocket Park, to the western side of the Park, and consists of approximately .017 acres; and Parcel No.4 is the parcel running from the Town Center Park parallel to 172nd Street just behind the Salem House, it is 1 OO-feet north of 172nd Street, which consists of2.41 acres. He said that these parcels consist of close to ten (10) acres that we are adding as Parks to the City. Public Speakers: none Mayor Edelcup said we are basically updating our Comprehensive Plan which from time to time we have to amend the Plan that we filed with the State to be able to show the State that we have added additional Parks, and that is what this is which is more of an administrative procedure that we have to go through. Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of5-0 in favor. Second reading, public hearing will be held on Thursday, December 14, 2006, at 7:30 p.m. Vote: Commissioner Goodman yes Commissioner Iglesias m Commissioner Thaler m Vice Mayor Brezin yes Mayor EdelcuP m 7C. An Ordinance of the City Commission ofthe City of Sunny Isles Beach, Florida, Amending Chapter 156 of the Sunny Isles Beach Code Entitled "Fees, Miscellaneous"; 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 Repealer; Providing for Severability; Providing for Codification; Providing for an Effective Date. Action: City Clerk Hines read the title and Building Official! Administrator Clayton L. Parker reported. Public Speakers: none Commissioner Thaler asked that the fees be rounded off to the nearest dollar for second 6 Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida reading, and Mayor Edelcup said with the exception of those that are under One Dollar. Commissioner Thaler moved and Commissioner Goodman seconded a motion to approve the proposed ordinance 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, December 14, 2006, at 7:30 p.m. Vote: Commissioner Goodman m Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin m Mayor Edelcup m 7D. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 250-13 of the Code of the City of Sunny Isles Beach to Require Connection to Underground Electric Facilities When Available and to Require Disconnection from Overhead Telephone and Cable Television Facilities When Underground Facilities are Available; and Amending Section 250-14 of the Code of the City of Sunny Isles Beach Relating to Notice to Property Owners Regarding Connection Requirements; 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 Commissioner Iglesias reported noting that this is for aesthetic purposes but most importantly for safety purposes. He said that this Commission has taken a proactive step in protecting the public safety by agreeing to pay the cost of undergrounding electrical facilities throughout the residential neighborhoods, and the cost will exceed over $1 Million. He said the purpose ofthis Ordinance is to require residents to hook up to the underground facilities when they are available, and the residents will receive notice from the City when they are available. He said the resident will be responsible for their own personal hookup. Public Speakers: Henry Kay Mayor Edelcup said this is a very important provision because in the instance where the City would put in an underground system, and someone does not hookup timely, we would still be left with the poles. Commissioner Iglesias and Commissioner Thaler moved and Vice Mayor Brezin 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, December 14,2006, at 7:30 p.m. V ote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin ~ Mayor Edelcup m 7 Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida 7E. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Article IX of the Zoning Code Entitled "Sign Regulations"; Establishing Regulations for Residential Wall Signs; Establishing Regulations for Window Signs at Multi-Tenant Development Projects; Establishing Regulations for Permanent Window Signs; Establishing Regulations for Temporary Signs; Establishing Regulations for Construction Fencing Murals and Graphics; Providing for Penalties; Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager Jorge Vera said they are in the process of making some adjustments to the Sign Code especially for the window signs and after discussion with the City Attorney's Office, they need to defer this Ordinance to address a couple of legal issues. Mayor Edelcup said that he agrees to defer this but he knows there are people in the audience who had come prepared to speak on the Sign Ordinance and he would like to give them an opportunity to speak and also suggested that that all interested parties meet with staff. Public Speakers: Isaac Feldman; Anatoly Chipilov; Von Sargsyan Mayor Edelcup said he asked the City Attorney to supply him with comparable ordinances that have been passed by the cities of Westin and Coral Springs to use as a guide, and he read into the record a segment from the Coral Springs Ordinance: "Permanent window signs: Maximum allowable letter height in all window signs is six (6) inches. The first letter of each word in the name of the business may be increased up to fifty (50) percent ifit is flourished in a professional manner. All other logos, logotypes, banding, ascending, descending or swash letters, pictures, symbols, graphics or combination thereof, excluding perimeter borders and stripes, may not exceed nine (9) inches in height. Perimeter borders, stripes and banding are allowed but will count towards the calculation of window sign area. Window sign area may not exceed fifteen (15) percent of the total window area for each business frontage or nineteen and one-half (19.5) square feet, whichever is less. Window signs may not be illuminated in any manner, excluding bare bulb illumination bordering a window. Any sign located greater than fifteen (15) feet from the window face is exempt from this chapter. Window signs may not state any price or dollar amount. Window signs must be applied in a professional manner. Non-illuminated signs greater than three (3) feet from the face of any window surface are exempt from this chapter." He said we want to have a neat tailored look. City Manager Szerlag asked that this Ordinance be deferred to January 18,2007 to give staff time to have a couple of meetings for discussion of this ordinance with the public, and City Attorney Ottinot concurred. Commissioner Iglesias moved and Vice Mayor Brezin seconded a motion to defer this item to January 18,2007, and the motion was approved by a voice vote of 5-0 in favor. 7F. Public Hearing An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-34 ofthe Land Development Regulations Relating to "Medium-High Density Multifamily Residential Zoning District (RMF -2)", Establishing Setback Requirements; 8 Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida Providing for Purpose and Intent; Establishing Building Separation Requirements; Providing for Landscape and Utility Easement; Providing for Severability; Providing for Repealer; Providing for an Effective Date. Action: City Clerk Hines read the title and Mayor Edelcup said we are going to be discussing 7F, 7G, and 7H one at a time but they are all essentially going to be the same thing, they just refer to different zoning areas within the City. Assistant City Manager Jorge Vera reported noting that we have had a workshop on the issue of vertical setbacks on Collins Avenue and the changes occur to properties abutting Collins A venue and within the Town Center. Public Speakers: Kobi Karp; Sagi Shaked, Esq. Mayor Edelcup said what we are doing is on the west side of Collins A venue adopting an Ordinance change that would be very similar to what we did in Town Center. He said that is to have the vertical setback requirements and an additional 1 0- foot landscape easement along the sidewalk so that we can create a more pedestrian friendly walkway. He said we are covering this under three (3) different sections of the City but essentially it covers all the commercial or retail operations outside of the Town Center that had been previously covered. Assistant City Manager Vera said although we are making some modifications as to setting back, etc., all the zoning districts will still be able to, if they are able to achieve the bonuses, etc., no rights have been taken away, you still have your density and intensities, as before, just the step back effect along Collins A venue. Mayor Ede1cup said we are just requiring a change ill; the shapes of the buildings but not in the cubic volume of that building, so whatever cubic feet can be built there, will still be able to be built there, it is just in the front setback. Assistant City Manager Vera said yes if the design allows it or the height, etc. Commissioner Thaler asked if we are raising the height limitations, and Assistant City Manager Vera said no, everything remains the same, it is just the issue of the setbacks. City Attorney Ottinot stated for the record, a I O-foot easement will require that easement in a similar fashion that requires the easement on the east side through a site plan review process. He said whereas, any development on the east side has to give us a beach access easement also has to give us a 10-foot landscape easement as part of the site plan process. Mayor Edelcup said okay. Kobi Karp said as a side note that the same thing as they did on the east side, sometimes when you put pencil to paper, that there might be some opportunities to look at some design details. He said that you may want to put some terminology in there to help staff as we go through the projects, based on a project by project, or design, that they have the opportunity to work with the project to meet the intent of the Code. He said just like we did Bay Side or the Town Center that we give ourselves the opportunity to work on a project by project or when we meet the design intent that we might want to actually put pencil to paper and might need to make some modifications to certain details and to give staffthe ability to look at minor little details to meet the intent of the Code as we have had to look in the past not to create hardships or variances but to obviously have the design and quality that meets the intent. Mayor Edelcup said that he can meet with staff on suggested modifications, but he can't give them the authority to do that because that rests with the Commission and they would treat it as a variance request. 9 Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida Sagi Shaked, Esq. said one of the issues they have with the setback requirements for the small property owner such as Sunny Isles Texaco, when you put a 50-foot setback you are limiting the use of the property. He said right now it is a gas station but they are looking to beautify that property and do something else with it, but with a 50-foot setback you can't build because you need a certain amount of stories for parking before you can start building. He said it would limit the property owner and additionally it would limit the City in collecting any future taxes from the development of this property. Assistant City Manager Vera asked how big the property is and Mr. Shaked said 125 feet deep, 22,000 square feet. Mayor Edelcup said we have problems on the west side just like we had problems on the east side when we had 100-foot parcels. He said we will have to take the same approach to the west side and handle hopefully the vast majority by the ordinance, and if we have to handle individual parcels differently as we have had to handle the 1 OO-foot parcels on the east side, he thinks that this is the only solution to a problem like this because we are trying to create an overall look for the west side of the City. Commissioner Thaler moved and Commissioner Iglesias 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, December 14,2006, at 7:30 p.m. V ote: Commissioner Goodman m Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin yes Mayor Ede1cup yes 7G. Public Hearing An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Sections 265-36 and 265-38 of the Land Development Regulations Relating to "Neighborhood Business District (B-1) and Cultural and Educational Zoning Overlay District (CED)"; Establishing Setback Requirements; Providing for Purpose and Intent; Establishing Building Separation Requirements; Providing for Landscape and Utility Easement; 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 Assistant City Manager Jorge Vera reported. Public Speakers: none 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, December 14,2006, at 7:30 p.m. Vote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin yes Mayor Ede1cup yes 10 Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida 7H. Public Hearing An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-37 of the Land Development Regulations Relating to "Town Center Zoning District"; Establishing Building Separation Requirements for Property Abutting Collins A venue; Providing for Purpose and Intent; Providing for Landscape and Utility Easement; 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 Assistant City Manager Jorge Vera reported noting that this is for the Town Center. He said that we have the vertical buildings setbacks here, what we are going to try to do is provide the 1 O-foot easement along the front and also have a little more separation between buildings especially the towers as that whole area there gets developed. He said we don't want to overcrowd one building on top of each other which we saw could very easily happen. Public Speakers: Henry Kay Commissioner Thaler moved and Commissioner Iglesias 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, December 14,2006, at 7:30 p.m. V ote: Commissioner Goodman yes Commissioner Iglesias m Commissioner Thaler m Vice Mayor Brezin m Mayor Edelcup m 71. Add-On: An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Creating a New Chapter Entitled "Fire Prevention and Protection Regulations"; Providing for Purpose and Intent; Providing for Definitions; Providing for Applicability; Adopting Local Amendments to the Florida Fire Prevention Code and the South Florida Fire Prevention Code; Providing for Penalties; Providing for Appeal; Directing Transmittal to the Florida Building Commission, State Fire Marshal, and Miami-Dade County Fire Marshal; Providing for Severability; Providing for a Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. Action: [City Clerk's Note: See 4A action adding this item to the agenda.] City Clerk Hines read the title and Assistant City Manager Vera reported. Public Speakers: none Mayor Edelcup said this ordinance will give us the ability wherever there is a property abutting a major roadway that doesn't have at least two different accesses or egresses, we can open that roadway or require that for safety/fire protection reasons that that be a requirement to ensure that we have the adequate protection for our people here in the City. Commissioner Goodman asked about the existing Code for the buildings that we have now, and Mayor Edelcup said it does affect any currently existing building that doesn't have access. 11 Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida City Attorney Ottinot said most existing buildings have a fire access and what this ordinance provides is if the City Manager or designee determines that a fire access road is obstructed or is a fire hazard, we have the authority to come in and to require additional access be unobstructed. He said this ordinance gives the City more authority and gives us an opportunity to rectify public safety issues. Commissioner Goodman said that is on private property too, and City Attorney Ottinot said yes. Commissioner Goodman moved and Vice Mayor Brezin 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, December 14,2006, at 7:30 p.m. V ote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin m Mayor Ede1cup yes [City Clerk's Note: The Commission took afive-minute recess after this item before moving on to ltem 8A.] 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) 8A. Public Hearing Request of RK & Associates to Appeal the City Manager's Decision Agreeing with the Building Official's Decision to Revoke Permit No. B0604339 Issued to KMR Construction Company for the Construction of a Wall in the Setback Area in Front of the Porterhouse Restaurant Located at 17004 Collins Avenue. Action: City Clerk Hines read the title and City Attorney Szerlag said that the City issued the permit in error and therefore in the event a variance is denied, the City would reimburse the tenant for the wall costs. Community Development Director Robert Solera reported that Porterhouse Restaurant installed a decorative wall surrounding the front ofthe property in the front yard setback. He handed out a copy of the sections that apply, specifically accessory use is under 265.45E, fences and walls, No.4, indicates that the parcel which is a non-residential parcel, cannot have a wall in the front yard setback. He said the wall was installed without a permit, the property owner was given a warning and subsequently the permit was obtained. He said they went through the Zoning Department, and there was a mishap in the actual application in terms of the permit itself, it was issued and it should not have been issued due to the fact that there is a requirement not to have any walls on the front yard. Mayor Ede1cup said one of the pieces of information was the letter of September 5, 2006 by our City Manager turning down the request for appeal. Public Speakers: Arnold Shevlin Commissioner Goodman asked what percentage of the area is permitted for the restaurant, and Mr. Solera said as part of the ordinance that we have for outdoor dining, they are allowed 12 Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida to have 30% ofthe interior restaurant to have outside within certain guidelines, among them they have to provide a 40-inch wide area for handicap accessibility. Commissioner Goodman asked how much they are allowed to use as the restaurant, and Mr. Solera said the amount that they are using at this point is within their standard which is 30% of the total amount inside. Mayor Edelcup said the entire open area is available, the question is whether a wall or fence is permitted, and under our Zoning Ordinance, no wall or fence is permitted in that front setback, that is the issue we are looking at. Mayor Edelcup said that the ordinance states that no wall or fence shall be in the front setback. He said we now have to determine whether or not that ordinance is sufficient to stand and go forward or needs to be changed in any manner. Vice Mayor Brezin asked if there is some provision in that ordinance where they would be permitted to have any kind of flower box enclosure that would be where they have their shrubbery, hedges, or their flower beds. Mr. Solera said under the Code we do not have that with the exception of the landscape Code which allows them to have a landscape buffer in the front. He said there is a height limitation on the hedges because when there is an access road you have to have a certain amount of space available to be able to see oncoming traffic. Commissioner Thaler noted that the pictures handed out were taken today, and he was out of town for a few days, and this is not what he remembers when he left. He said there must have been some modifications that were done during that period. Mr. Solera said yes there were some modifications done, some palm trees were installed on the other side of the alleyway as well as some trees on the other side, and there was no permit obtained and they are in the process of issuing a warning for that as a site plan is required for landscape issues. Mayor Edelcup said that we also have the situation in other parts of the City where you issued warnings for similar encroachment of front setbacks, and Mr. Solera said that is correct. He said they have done the same following the policy of Code Enforcement for everyone, the City enforced on Sunny Isles Boulevard three locations that had an issue, Madame's Restaurant, Cafe Gold Restaurant, as well as the Russian Restaurant which also has had walls, and as an update, Madame's Restaurant had eliminated any fence, they only have shrubs, Cafe Gold has eliminated all the walls, and the Russian Restaurant has requested an extension to come before the Commission. Commissioner Iglesias said we have two issues tonight, first we have the wall issue which is a clear violation to our Code, and the second issue is do we like it or dislike it, and if we do like it then we have to modify our Code. He said he can come back for a variance, which he hasn't done so because it was built without a request for a variance, or we can modify the Code. Mayor Edelcup said it would be difficult to modify the Code because you almost have to look at each one of these on a case-by-case basis, to try to simplify all the issues, we have moved down to one avenue and that is where we are at, we have a violation which somebody could ask for a variance and it mayor may not be granted. Commissioner Thaler said we also have the tree situation. Mayor Edelcup said that Code Enforcement has issued a violation on that, and he would hope that they would proceed on that as well to the same conclusions that we are now facing here today. Mayor Edelcup said we need to take this on a two-step basis, one to vote it up or down, whether or not we accept or deny this appeal, and whether or not there is an instruction to go for a variance. 13 Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida Commissioner Thaler asked if the wall came down could the foliage around the wall stay, and Mr. Solera said that is correct based on the landscape, but they would have to come in for an application as to landscape and to be accepted by the City. Commissioner Goodman said if we vote it down, the City is prepared to reimburse them, and City Manager said that is his suggestion because the City made a mistake in issuing the permit. Arnold Shevlin representing R.K. Associates presented a board with photographs of the Porterhouse Restaurant and other walls in the City, and briefly went through its history. He said Porterhouse Restaurant had been a tenant of theirs for over ten years, first at 183 rd and Collins A venue, and then they opened years ago in this location, taking over an existing restaurant that they upgraded. He said the problem they had in this location is that they are at the end of an alleyway and parking is very difficult. He said the principal and owner of the restaurant, Dave Bubock and his associates are here and they have struggled trying to make a good business here. He said two and a half years ago they came to the City with Mr. Dubock, noting many years ago this restaurant got approval when Dade County ruled the City for an outdoor bar, and he said he wanted to build an outdoor bar and make a nice outdoor entertainment place, and he spent money on an architect and submitted plans to the City, and to Dade County Fire Department and DERM, and they sat in DERM for a while as there were some fire issues that went back and forth. Mr. Shevlin said each week their staff met with City staff to discuss any outstanding issues on their commercial properties, so they have an agenda of outstanding building permits that are pending, and this has been on the outstanding building permit issues for almost three years now to talk about the bar which would be built outside in the setback and a wall surrounding the bar for safety and aesthetics built in the setback. He said at each meeting the building officials, the zoning officials, the code enforcement officials never once mentioned that the tenant and the owner ofthe property shouldn't contemplate building an outdoor bar and an outdoor wall because it was in a setback. So it was a little bit of an issue that it wasn't raised, so this tenant kept coming back week after week revising his plans to try and get a permit not knowing that the City Code stated that you couldn't build a wall or a bar in the setback. He said the plans he has with him were approved by Dade County Fire and Dade County DERM and they went to the Building Department for a bar and a wall, and after many years of trying to get it approved the tenant became more and more frustrated and losing more and more business because the economy was very tough and with the understanding that the wall would be approved very shortly started construction on the wall without the permit thinking that the permit would be issued any day, and Code Enforcement cited them saying that the wall was not built properly and so they went to the Building Department and said forget about the bar just give them a permit for the wall. Mr. Shevlin said the wall was built and then there was an issue in the City that the wall was built in the setback, so it is a Code violation, and legally the wall should be removed but they are not arguing the legal issue. He said they are arguing two issues here tonight: 1) What is the intent of the Code; and 2) what overall look do we want for this City. He briefly went through pictures of other walls in the City including Starbucks, Tony Romas, Crystal Cafe, and La Terrazzo. He said he would like the City to consider, even though it is not within the Code, to see how something can be done to accommodate what has been built there. He said 14 Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida the Porterhouse also built an awning and outdoor dining to make it a more South Beach environment to induce the residents to want to come to our restaurants and make it a more upscale South Beach environment. He said that Porterhouse wants to build an upscale restaurant, and for the last five years he has had outdoor dining without a wall and meeting Code with some landscaping, but there is a bus shelter about 25-feet from his main entrance. He said one of the problems he had was everybody that gets on the bus that didn't have enough money or was homeless would come and panhandle off from people, and people use that sidewalk as a thoroughfare to get from one center to the other. Mr. Shevlin said there is a couple of issues, and one is life safety because there is a major delivery alleyway in between the two shopping centers, trucks come and go all day long, and people walk off the sidewalk where there is a step and they have had many slip and fall lawsuits. He said one issue is that it is private property and there is an issue that he is allowed to have outdoor dining, so without the wall we can block this off with plants and people can try to climb over it and it wouldn't be as attractive looking and as safe, and they still couldn't have access. He said his argument is the Commission has the ability to make a decision, was the wall built improperly, yes, is it too high does it not meet the Code, it doesn't meet the Code but it is not too high, with landscaping in place it is a lot more attractive. He said the columns have been removed, the wall has been reduced below the landscaping, so it is really a new wall, less then three feet high, and you don't even see it. He said the purpose for it being there is for life safety in case a car careens off the sidewalk and comes in there it is a deterrent from somebody getting hurt, and it is a deterrent from people walking through and that is why the trees were put on the south side of the driveway to avoid further liability. He said he spoke to staff today and they informed him that they need permits to put additional landscaping on their other property which they will pull if it is required. He asked if we can do it this evening through modification of the Code, the tenant is here and he is willing to surrender any application he had to put in an outdoor bar because he really doesn't need one to make this more upscale but originally under the historical Dade County Code, which was approved in 1994, he had a right to put in an outdoor bar. Mr. Shevlin said all his tenant is saying is the Code doesn't allow just a small wall, it gives it a little more upscale elegance, and if there is a way we can do it come back to the Commission for a variance and possibly waive the fees to offset the cost he spent so he doesn't have to spend $10,000 for a variance application, get him on the December agenda and he would appreciate it. He said his tenant only put pavers on top of existing sidewalk and he is happy to cut this back a few feet and lower the steps so it makes Code requirements and make it more appealing and put in brick pavers, and tonight you have talked about getting an easement from the developers to have more landscaping further back, they can add a few more trees to make it look a little more upscale, the tenant and owner are willing to accommodate the City. Vice Mayor Brezin said if you remove that wall which is illegal, and you want beautification, you can put in a heavy shrubbery type of fencing which people cannot get through. Mr. Shevlin said the reason the wall was applied for two and a half years ago was that there was a thick ficus hedge there before the wall went up and people were coming through it all the time. Vice Mayor Brezin said there is landscaping that could be done where it is thick with the woody part. Mayor Ede1cup said if someone wanted to walk through a thick hedge they 15 Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida wouldn't have much more difficulty climbing over a short wall, and if a car was careening into that area that wall would give just as quickly as a hedge will give, so both those arguments do not solve the issue. Commissioner Goodman said the entrance to Starbucks, Tony Romas, and La Terrazzo is off from private property not from Collins A venue, however the Porterhouse entrance is on Collins Avenue. Mr. Shevlin said they do not have bus stops in front of their restaurants and they have tried for years to move the bus stop. Commissioner Goodman said his theory was that there should never have been any restaurants or any stores that had a direct entrance from a shopping center from Collins A venue, it should have been inside the shopping center. He said he always thought that the setback of all the buildings should be 50-feet back on Collins A venue. Mayor Ede1cup suggested that someone make a motion, and City Attorney Ottinot said this would be a motion affirming staff decision. Commissioner Iglesias said the bottom line is that it is a clear violation but if they would have applied for a variance and he is only speaking for himself that the way they have scaled the back and landscaped it, he doesn't have a problem with it. He suggested that they apply for a variance. Mr. Shevlin asked for a motion to apply for a variance by waiving the fees until the issue is resolved because the City Manager has recommended in the event the variance is denied the City reimburse the tenant for fees and costs incurred in this, and he believes the fees and costs are far in excess of the cost ofthe wall. He said we would be amiable to allow for him to apply for a variance immediately and get on the next available agenda. Mayor Edelcup said to take it in two steps, first to affirm the request of the appeal, and that they can come back and request a variance and take their chances on how this Commission will react to that request. City Attorney Ottinot said like any other applicant, he can apply for a variance without the consent of the Commission. City Manager Szerlag said he needs to get permission from the Commission to reimburse the petitioner for the wall issue, and Mayor Ede1cup said that is deferred and it would become part of the variance request. City Manager Szerlag said that it would have to be attached to the report for the request for a variance and after it is adjudicated he has a recommendation along with the Attorney's office on how to handle the reimbursement. Assistant City Manager Vera said that this property has been cited, how does staff deal with the citation that was given. Mayor Edelcup said to put it on hold as long as the variance request comes in within 30 days. Mayor Edelcup said ifhe doesn't come in with a variance request, they have already turned it down so then it will be an enforcement issue. Commissioner Iglesias moved and Vice Mayor Brezin seconded a motion affirming staffs decision, with the caveat that they apply for a variance within 30 days. City Attorney Ottinot said that Mr. Shevlin had requested that the zoning hearing application fee be waived and asked ifthat is part ofthe motion and the Commission said yes. Resolution No. 2006-1004 was adopted by a voice vote of 5-0 in favor. 16 Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Amending the Sunny Isles Beach Code by Repealing Section 256-14 in its Entirety and Creating a New Section Entitled "Parking Meter Rates" to Establish New Meter Rates for the Metered Parking Lots within the City; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 10/19/06) Action: City Clerk Hines read the title and Assistant City Manager Vera reported that the meters have come in and Public Works has already begun installing them, and the meters will be in operation on Monday, November 27,2006. He said they are sending a letter to the company that is currently overlooking the parking areas to cancel as of November 27,2006 the contract with them. Public Works Director James Watts is looking into the option of selling the existing meters we have to Golden Beach. City Manager Szerlag said that Administrative Services Director Alyce Hanson will be sending out a Press Release as well advising the public of this change. Public Speakers: none Commissioner Iglesias moved and Commissioner Thaler seconded a motion to adopt the ordinance. Ordinance No. 2006-266 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 m Mayor Ede1cup m 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Providing for the Acceptance ofthe Appraised Land Value of$22,700,000.00 for the Property Located at 17475 Collins Avenue A/KIA Sunny Isles Resort Developers, LLLP.; Providing for the Acceptance and Payment by the Applicant in the Amount of$6,810,168.00 for the Transfer of Development Rights ("TDRs") in the Amount of 51,749 Square Feet of Floor Area and 25 Dwelling Units; Providing for Ten Percent (10%) Deposit for TDRs; Providing for Adjustment of the Balance of TDRs from the City's Bank to Reflect a Decrease of 51 ,749 Square Feet of Floor Area and 28 Dwelling Units; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. (Deferred from 10/17/06) Action: [City Clerk's Note: This item was taken out of order and heard after 6A.] City Clerk Hines read the title and Assistant City Manager Jorge Vera reported noting that the cost per square foot is $131.00. Public Speakers: none Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-1005 was adopted by a voice vote of 5-0 in favor. 17 Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Miami-Dade County, GSA, Fleet Management Division, for VehicJe Maintenance and Fueling Services, 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 Public Works Director James Watts reported. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-1006 was adopted by a voice vote of 5-0 in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Graph-Plex Signage, for Signage to Identify Community Entries and City Parks, in an Amount Not to Exceed $227,365.00, 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 Assistant City Manager Vera reported noting that delivery and installation of the signs is approximately six (6) weeks from the City providing the contractor with the Notice of Commencement. Public Speakers: none Mayor Ede1cup asked when will the lighting take place, and Assistant City Manager Vera said that the lighting is the biggest issue, they have to put in meters and find the light in certain places. Assistant City Manager Vera said that he and the City Manager have been talking to Kathy O'Leary regarding some landscaping along the bottom of the signs, so once we have the locations approved, Ms. O'Leary will do some designs for landscaping. Mayor Edelcup said at some point we will change the names of the Pocket Park and the Active Park, and suggested since we are holding a Workshop on December 5, 2006 about the Parks, maybe we can address the naming of those two Parks. City Manager Szerlag said that he would add it to the Workshop. Vice Mayor Brezin moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-1007 was adopted by a voice vote of 5-0 in favor. 10D. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing the City Manager to Apply For, Receive and Expend Grant Funds from the Miami-Dade County Federal Drug Control & System Improvement Formula Grant Program (Byrne Grant) in the Amount of$4,607.00, Representing a 75% ($3,455.00) Grant Award and 25% ($1,152.00) in Matching Funds; 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 Sergeant Barry Noe reported. 18 Summary Minutes: Regular City Commission Meeting November 16; 2006 City of Sunny Isles Beach, Florida Public Speakers: none Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-1008 was adopted by a voice vote of 5-0 in favor. 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Naming ofthe Future Observation Walk Path Along the Mangrove Reserve Within the Town Center Park Located at 17200 Collins Avenue the "Harvey Baker Graves Mangrove Reserve"; Directing the City Manager and/or his/her Designee to Place Signage Commensurate with this Distinction at Said Mangrove Reserve Area; 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 it would be dedicated at the June 16,2007 10th Anniversary celebration. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-1009 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 an Option Agreement with the Joseph Mazacco Irrevocable Florida Trust for Purchase and Sale of Real Property, of Approximately 0.83 Acres Located at 500 Sunny Isles Boulevard, in the Amount of $3 Million Plus Closing Costs with an Option Deposit of $450,000.00 for a 60-Day Option, Which Deposit Shall be Applied to the Purchase Price if the City Proceeds to Purchase and to be Forfeited ifthe 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 reported that we have another opportunity to create a park on the west side of Collins A venue, and the proposed park is located right next to Fortune on Sunny Isles Boulevard. City Manager Vera said this is abutting the park that should start construction right next to this property by the beginning of next year. He said the property is approximately one acre in size and the majority of it is submerged, there is approximately 12,000 to 14,000 square feet ofland and some dock area, and the rest is part of the Intracoastal. Public Speakers: none Mayor Edelcup said that we have gotten recent appraisals on this piece of property and the purchase price falls within the parameters of that appraisal. City Attorney Ottinot said the purchase price is $3 Million and we have appraisals that indicate the property is valued at above $3 Million. Mayor Edelcup said if we were to acquire this property we would have the availability of adding approximately 54,000 square feet to our TDR Bank. 19 Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida Commissioner Thaler asked if we test this land, and City Attorney Ottinot stated as indicated in the Option Agreement, we will conduct a Phase I Environmental to determine if the property has any environmental problems. He said he had asked the City Manager to call the consultant to perform Phase I. Commissioner Thaler said if we give them $450,000 based on what he reads here and something is wrong, and Mayor Edelcup said we have 60 days. City Attorney Ottinot said the Option Fee will go to our escrow agent, Chicago Title. He said we have 60 days after conducting the environmental test, and if we find out that the property has any environmental problems, we have a right not to exercise an option and get the deposit back. Mayor Edelcup said that this will make a fine addition to the City being adjacent to the other piece, the FDOT lease property, will be able to expand it and someday in the future ifthere ever is a water taxi along Biscayne Boulevard, this would be a natural site for a water taxi station. Vice Mayor Brezin moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-1010 was adopted by a voice vote of 5-0 in favor. lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Approval of Three (3) Change Orders Submitted by Tenex Enterprises, Inc., for Additional Work Necessary to Complete Asphalt Stamping of the Parking Spaces Adjacent to Margolis Park and the Crosswalk Along Collins A venue, in an Amount Not to Exceed $116,631.35, Attached hereto as Composite Exhibit "A"; 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 Assistant City Manager Vera reported. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-1011 was adopted by a voice vote of 5-0 in favor. 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Providing for a Conditional Approval of a Request for Waiver of the Construction Noise Limitations Submitted by Trump Dezer Development to Allow Extended Construction Hours Not to Exceed a Frequency of Two Times Per Week for a Period of Six (6) Months; Providing the City Manager and the City Attorney with Authority to Do All Things Necessary to Effectuate this Resolution: Providing for an Effective Date. Action: [City Clerk's Note: Correspondence from l8l0l Collins Avenue Condominium Association, Inc., and from l8325 Collins Avenue Bluegrass Beach Club Condominium Association was handed out prior to the meeting noting they have no objection to this request.) City Clerk Hines read the title and City Manager Szerlag reported. He said if the Commission agrees with this request a couple of positive things will happen, 1) the job is done in a more expedient fashion, and 2) we get no complaints as a result of that occurring. Public Speakers: Gil Dezer 20 Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida Gil Dezer said this is a unique situation because he is his neighbor to the north and to the south so he can control the noise complaints. He said without the extended construction hours the project schedule would take an additional three to four months. City Manager Szerlag said if there is approval, staff will need to get specific time frames for the Code Enforcement Department. Mr. Dezer said all the pours are scheduled so they will be able to give the City notice a week in advance. Commissioner Thaler said this is just this one individual instance and not setting a precedent for the whole City, and City Manager Szerlag said he is confident that they will get similar requests for extended hours and what he will do is bring them to the Commission with the same criteria that they have established for Trump. Mayor Edelcup said in those cases we will need to give the neighbors an opportunity to comment, and staff should instruct public notice so the neighbors can come in and comment on it. Vice Mayor Brezin moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-1012 was adopted by a voice vote of 5-0 in favor. 101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Declaring Lewis J. Thaler as Vice Mayor; Providing for an Effective Date. Action: Mayor Ede1cup thanked Commissioner Brezin for her service as Vice Mayor, and proposed Commissioner Thaler as Vice Mayor for the ensuing year. Vice Mayor Brezin officially gave Commissioner Thaler the Vice Mayor Car License Plate. Public Speakers: none Mayor Edelcup asked for a vote. Resolution No. 2006-1013 was adopted by a voice vote of 5-0 in favor. 10J. Add-On: A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Acceptance by the City Attorney of the Settlement Offer by Arlen House Marina Corporation in the Pending Lawsuit between Arlen House Marina Corporation vs. City of Sunny Isles Beach; Providing for Compliance with the Terms and Conditions; Providing for an Effective Date. Action: City Attorney Ottinot said this matter relates to the Arlen House lawsuit versus City of Sunny Isles Beach. He said the Arlen House had filed a lawsuit challenging the City's Safety Fence Ordinance [Ordinance No. 2006-252], which requires commercial marina owners and operators to install and maintain a safety fence or railing lining the perimeter of marinas. He said a lawsuit is currently pending before the Circuit Court, the judge had asked the parties to step down to discuss the possibility of a settlement. City Attorney Ottinot said that they have discussed settlement of certain offers presented to him by the plaintiff, and read the terms of the settlement offer: Arlen House will agree to 21 Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida replace or construct a fence in a pre-relevant location within one year of signing the settlement agreement; the City agrees to allow it to place a sign that is consistent with our Code on this property; and the City agrees to resolve outstanding issues if Arlen House makes a commitment to resolve issues relating to the fence and also issues relating to property maintenance. He said he has also attached letters from residents of Arlen House, and the President of Arlen House called him indicating that they want the fence to be replaced at the same location, the letters are attached to the confidential memorandum that he gave the Commission. City Attorney Ottinot said his position is simple, while he believes the City has a strong legal position in court, he believes that the settlement offer provides the City an opportunity to achieve a solution quickly instead of spending all the time and expense litigating this matter in court. He said the settlement offer is a negotiable deal that will resolve in protracting litigation, and he is recommending that the City accept this settlement in order to achieve the wishes of the residents of the Arlen House, and he believes it is in the best interest of the City. He said this case is pending and if the settlement is agreed to by the City, Arlen House will agree to dismiss the lawsuit with prejudice. He asked for Commission direction to accept this settlement offer. Public Speakers: none Vice Mayor Brezin asked in No.4, the City agrees to permit the Arlen House to install the sign, etc, is this a City decision, or is it the condominium decision. City Attorney Ottinot said like any other commercial property, they have a right to install or construct a sign on their property and basically it is the City's decision. Vice Mayor Brezin said, from the material that the City Attorney submitted here, it seems as though the President and those that are on this property would be acceptable to getting the major portion of that waterway covered, that does not affect the entire City, we are still in a position to deal with each marina individually, or once this is passed, does this apply to the entire City. City Attorney Ottinot said this settlement only applies to this property. He said he is looking at it from a legal perspective, we can be in court for more than a year, and we may not get a resolution that is in the best interest of the City, and whereas he can get a resolution right now. Vice Mayor Brezin asked about the Ordinance in reference to the marina areas, there were other circumstances there which would present a danger, could this be eliminated through Code Enforcement. City Attorney Ottinot said that this is a Code Enforcement issue. Commissioner Thaler moved a motion to accept the settlement offer, and Mayor Edelcup said to poll the Commission as to whether or not they want to accept it. Resolution No. 2006-1014 was adopted by a voice vote of 4-1 (Mayor Edelcup against) in favor. V ote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin ~ Mayor Edelcup no 22 Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Discussion regarding Driveway Cuts at North Bay Road and the Intracoastal. Action: Withdrawn by staff. 12B. Discussion regarding Establishing a Process to Request Resident Input on Certain Capital Projects. Action: Commissioner Danny Iglesias said he would like the City to establish a policy of procedure or guidance to the City Manager, are we going to do it by sending letters to residents that are affected or passing of a petition, etc. Mayor Ede1cup said whenever we have a capital improvement that results in an assessment to homeowners then he thinks that it behooves us to notify those homeowners through written communication to each and everyone of them and have either a workshop or a time designated at a Commission meeting to discuss that particular assessment. He said we need to have a policy as Commissioner Iglesias has pointed out to invite those homeowners there to perhaps ask for a vote of the majority of those people voting and he thinks that we should put the vote generally in a position that someone has to either vote yes or no, or not vote at all, and the person not voting at all should not even be counted in the base. Commissioner Iglesias said that is why he is bringing it up because some people do not care. Commissioner Thaler said what you are saying is if there is 100 people and only 2 people vote yes, and those two people would carry whatever you want to do, and Mayor Ede1cup said you can also require that at least a majority but not necessarily 100%. Commissioner Thaler said that there should at least be a percentage ofthe total people, and Mayor Ede1cup agreed and suggested 51 % of the universe. Commissioner Iglesias said yes, 51 out of 100 people is a majority. Mayor Ede1cup said out of 100 people and 51 of those eligible to vote have to vote and a simple majority of those voting carries the issue. Commissioner Goodman said he did not agree, he said if you have 100 homeowners and you are coming in with a capital project he thinks we should get 51 % of the homeowners, and Commissioner Iglesias pointed out that even in an election year, the most votes we have gotten is 54%, so it won't work. Commissioner Iglesias said 51 % of those eligible to vote, and Commissioner Goodman said he understands but if you have 100 homeowners and you say 51 people voted and there were 26 people voted for, and 25 voted against, it would carry, and he does not agree with that. Mayor Edelcup and Commissioner Iglesias said that is what you have in a general election, the majority of the people voted. Mayor Ede1cup said there is one other issue, if the City Manager were to deem an issue to be a health safety issue affecting the City and the employees of the City then a vote would not be required. Mayor Edelcup said the City Manager would need to come to the Commission and say there is a health safety issue and we don't have time to have a vote as to whether or not a gas main is going to explode, so we need to clarify that, and Commissioner Iglesias 23 Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida agreed. Mayor Edelcup said that the Commission would vote on all health safety issues brought before them by the City Manager. Mayor Edelcup said with that we will take a vote to establish this policy, and asked for a voice vote. Resolution No. 2006-1015 was adopted by a voice vote of 4-1 (Commissioner Goodman against) in favor. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 14. ADJOURNMENT Commissioner Goodman moved to adjourn, and Mayor Ede1cup adjourned the meeting at 10:41 p.m. Respectfully submitted by: ~.~~ Jane A. Hines, CMC, City Clerk 24