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HomeMy WebLinkAbout2006 1019 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, October 19,2006, 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. Ede1cup Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias (arrived at 7:31 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 Patricia SaintVil-Joseph, Deputy City Attorney 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Administrative Services Director Alyce Hanson 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. Special City Commission Meeting/1 st Budget Hearing FY 2006/07 - Sept. 14, 2006. Action: Commissioner Thaler noted a change on page 8, last paragraph, there was no change to the pricing under the Lehman Causeway, it was the same as Pier Park and remained the same as Pier Park. 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. 3B. Regular City Commission Meeting - September 21, 2006. Action: Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. Summary Minutes: Regular City Commission Meeting October 19,2006 City of Sunny Isles Beach, Florida 3C. Special City Commission Meeting/2nd Budget Hearing FY 2006/07 - Sept. 28, 2006. Action: [City Clerk's Note: Amended Summary Minutes were 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. 3D. Special City Commission Meeting - September 28, 2006. Action: Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Handouts for Amended Item 3C; provided additional information for items lOB, 10C and 12A; Add-On Item 12D. Action: Mayor Edelcup noted the above changes, and that Item 10J would be moved up after companion Item 6A. 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 SA. Proclamations to be Presented to Allen and Roy Reinke by Mayor Norman Edelcup, and by Miami-Dade County Commissioner Sally Heyman. Action: County Commissioner Sally Heyman presented a County Proclamation to Allen Reinke and to Roy Reinke. Mayor Edelcup also presented a Proclamation proclaiming October 19,2006, as "Allen and Roy Reinke Day" in the City of Sunny Isles Beach. 5B. Certificate of Appreciation to be Presented by Commissioner Iglesias to Jason Bryzgiel, a Summer Camper who Found and Returned $100 during Camp. Action: Commissioner Iglesias presented a Certificate of Appreciation to Jason Bryzgiel. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request ofUrbis and Key International LLLP., Owner of the Property Located at 400 Sunny Isles Beach Boulevard, for the Following: (Hearing #Z2006-03) 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the applicant is requesting a site plan approval for two (2) interconnecting towers. The west tower contains 97 units; the east tower contains 97 units; and the pedestal contains 36 units, for a total of 230 residential units. 2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the applicant is requesting a transfer of83,490 square feet and 46 units 2 Summary Minutes: Regular City Commission Meeting October 19,2006 City of Sunny Isles Beach, Florida of development rights. An adjustment shall be made to the TDR sub-accounts owned by Urbis and Key International, LLLP. for a decrease of 81,675 square feet and 45 dwelling units, and Fort Apache Marina, LLC. of 1,815 square feet and 1 dwelling unit, from the TDR Bank commonly known as the Porto Bellagio Tract "B" Transferable Development Rights Bank. 3. The applicant is requesting a variance from the requirements of Code Section 265-37 "Summary Chart B Town Center Sub-District: Building Massing by Street-Type" to permit the penthouse portion of the tower to setback to zero (0' -0") feet (20' -00" feet required) from all sides. 4. The applicant is requesting a variance from the requirements of Code Section 265-37 "Summary Chart B Town Center Sub-District: Building Massing by Street-Type" to permit the portion of the tower to setback from the pedestal on the interior side west side to zero (0' -0") feet (25' -0" feet required). 5. A variance from the Code Section 265-35(9)(a)[1] to permit a height of 200'-0" feet (194' -0" feet permitted). Protests 0 Waivers 0 Ex Parte ~ Action: Mayor Edelcup gave 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 Attorney Ottinot asked if there were any Ex Parte disclosures, and Mayor Edelcup disclosed that he spoke to Mr. Helfman and Lynn Dannheisser a couple of months ago which was just a general discussion including what type of variance would be presented and no decisions were formulated at that meeting; Commissioner Goodman said he met with Steve Helfman, he listened to him regarding the project but had no discussion with him; Commissioner Iglesias met with Lynn Dannheisser no discussion made; and Commissioner Thaler the same. Assistant City Manager Jorge Vera reported. Public Speakers: Stephen Helfman, Esq.; Kobi Karp, Architect Stephen Helfman, Esq., representing the applicant, reported that this is a 2.5 acre site, the former site of the Fort Apache Marina. He noted that it is on the south side of Sunny Isles Beach Boulevard, on the southerly boundary ofthe Town Center District in the area called the South Edge, and he presented an aerial map of the site. He said this includes residential within the towers with a unique blend of units, and they have wrapped units around the pedestal which are walkup townhome units along the water's edge, where you walk right onto a boardwalk which is the entire frontage of the property along the waters edge. He said that same boardwalk wraps around the building and up to Sunny Isles Beach Boulevard, and they are hopeful that the boardwalk will continue through the W ASA site, noting that they have been in negotiations with W ASA to try to make that happen. Mr. Helfman said they have a retail component along the street's edge, there is a spa that will be open to the public as well as the residents of the building, a restaurant within the building that is fully accessible to the public from the street with views to the water. He said the unique part ofthe project is that it incorporates a marina, in addition to 18 wet slips, there will be a dry slip, dry dock marina building which will have 80 additional slips, and is accessible to the public. He said inside the unit is a smart pad, if you want to go out on your boat, you would push a button within the 3 Summary Minutes: Regular City Commission Meeting October 19,2006 City of Sunny Isles Beach, Florida unit, and the boat will be taken down with a lift and put into the water. Kobi Karp, Architect, noted that they have worked with staff, Shoreline, DERM, W ASA, and they came up with something unique, and he presented renderings of the project. Mr. Helfman noted that their requests include the site plan approval, a request for TDRs [companion Item 10J], and they have incorporated TDRs within this project, and they have some minor variances. He said they have kept the building within the height limitations within this zoning district, they have not exceeded the 200-foot height limitation, and have met with all the intent of the Code, and where there is a minor variation it has no impact on anyone, as they faced a unique situation with the properties to either side of them, the elevated highway, there were certain constraints that they had. Mr. Helfman said one of the conditions come out of a proffer from them, the City made a commitment to improve the W ASA site, and the Milton family has also done the same, and they are prepared to meet that commitment as well, to participate equally with the other parties in that effort, dollar for dollar. He said it does nothing for their project, but they would like to see it altered, they have had discussion regarding moving the big structures that are on the property, he thinks the County is actually willing to do that, to make it an open park space, the actual boardwalk going along the water's edge or the path coming into and through the property. Mayor Ede1cup asked that Mr. Helfman point out a couple of the variances that the Commission needs to be aware of. 1) Mr. Helfman noted there are eight sides to the buildings and from the pedestal to the towers, you see 7 of the 8 sides, with 20-foot setbacks, but because of the angle of the property at that location, one corner comes up to the pedestal so on this one edge on the most westerly part of the property, because ofthat angle they don't meet the 20-feet along the entire area, at one point it goes to zero, so when he says the technical variance, that is one of the issues. He said that happen because they did have the pedestal going all the way up to the edge of the property, which in this zoning district, it is the only one in Town Center that you have this, there is a zero setback requirement, it is this edge of all the 11 districts created and the City gave the opportunity to go all the way to the edge of the property zero setback and they could have done it on that side but as they went through the design process, the Fire Department asked them to leave a passage way, an access way on that side so they needed to alter the pedestal and bring it back to provide the fire lane. 2) He said the other variance relates to height, it relates to the width of the buildings, they are at 200- feet which is the maximum allowed in the zoning district, they are not asking to exceed the maximum height in the district, technically when you take the size of their buildings, they are really supposed to be at 194-feet and they are at 200, there is a 6-foot variance in the overall height, the reason is because of the width of the buildings, in order to get the width in and to get everything on this site, because it is so narrow, they needed to stretch a couple of feet for each one, they haven't compromised the view corridors, they have done a bigger view corridor through the center then they are required to do, to offset this variance they are supposed to be 50-feet but they are 57-feet, they made up the dimensions of the building by a wider view corridor through the center, and they opened above the marina so they create a whole view corridor. 3) He said the last issue is a design issue, they have crystalline towers, if they were to force a penthouse, and they are looking for that wedding cake look, what would happen is 4 Summary Minutes: Regular City Commission Meeting October 19, 2006 City of Sunny Isles Beach, Florida you would have this design and then at the top you would have to come in and create a box at the top and it really compromised the entire design in concept ofthis project, and so they have asked for the ability on those top floors to go straight up as opposed to creating a cap on top of the building. Commissioner Iglesias noted that the variances are nothing major and he has no problems with them. Vice Mayor Brezin asked what the width is of the walkway and Kobi Karp said 10-feet, 6-feet is required. Vice Mayor Brezin asked if it is fenced in with reference to the City of Sunny Isles Beach Code, and Mr. Karp said yes, what is required by Shoreline is the ballard and chain design which goes all along the top of the seawall. Commissioner Goodman asked about retail and tandem parking and if there is 100% valet parking, and Mr. Helfman said yes, there will be 100% valet service 24-hours a day at this building, a resident does not have to use valet parking, and there will be no tandem spaces in front of a resident's space. He said it is not designed to have tandem spaces that would block a driver's spot, if it is tandem, it is going to be used as part of a valet operation only. Commissioner Goodman said he is not concerned about the homeowners but he is concerned about the public going to the spa or restaurant or marina. City Attorney Ottinot noted on page 50, item 5, last sentence "The provision of24-hour valet parking services for owners and their guests shall be included in the Declaration." Mayor Edelcup said that some people can drive up and self park so you will have the choice of either valet or self parking. Commissioner Goodman asked if the boardwalk will eventually go out to Collins Avenue, and Mr. Helfman said that is what they would like, that they have designed their boardwalk to it and it will be continuous through the W ASA site and to the St. Tropez site. Commissioner Thaler asked about the roads to get in, it is very narrow, are we planning anything to enhance those roads to make it easier so we don't have a backup on Sunny Isles Beach Boulevard, and Commissioner Iglesias said they can't be touched because they belong to DOT. Commissioner Iglesias said you have main girders and the columns that hold the bridge, so the setback can't be moved. Commissioner Thaler said somehow it should be enhanced or widen so that we are not going to wind up having a backup if a number of trucks have to go in there to deliver to the restaurants and/or to the people, this will be a problem. Kobi Karp said it really is the front entrance to the building because each and everyone of their guests will come underneath the bridge, so they do have a vested interest in improving it whether it is working with DOT, or with W ASA and landscaping it and opening up the views to the water or if in the future the area could become a park it would be wonderful because that is why they have left a setback and a fire access and in the plans they have a restaurant on the west side which opens up with a beautiful outside terrace so they would like to improve and glorify that area and will continue to work with DOT on that. Commissioner Thaler asked if there will be additional lighting put in to make it easier to maneuver, and Mr. Karp said he can't speak on behalf of DOT but he said they are working very strongly with them and they will come up with a happy medium for both the City and them. Mayor Edelcup said for the rest of that area that the City is already planning with Fortune to develop that area underneath into a park-like surrounding so that will also help enhance this area and then what is left open are the two properties that are still available to the west of them as to what will eventually get developed there and it may dictate what that entranceway looks like. 5 Summary Minutes: Regular City Commission Meeting October 19,2006 City of Sunny Isles Beach, Florida Commissioner Iglesias said as you approach there is a stop condition and then you have an option, you can either make a left and take the loop lane which is the northern wing or you can continue to go to the property itself which is the south wing. He said in November or December they hope to start the Sunny Isles Beach Boulevard traffic calming and landscaping. Commissioner Thaler said he would like Mr. Karp or the builder to look into the possibility of updating that road. City Attorney Ottinot noted for the record that the Applicant agreed to provide a $500,000.00 contribution for the improvements on the W ASA site; the contribution will be submitted to the City prior to issuance of the Building Permit. Commissioner Iglesias moved and Vice Mayor Brezin seconded a motion for approval, subject to staff conditions. Resolution No. 06-Z-104 was approved 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 Edelcup yes [City Clerk's Note: The City Commission heard Item lOJ after 6A.] 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance ofthe City Commission of the 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. Action: City Clerk Hines read the title and Cultural and Human Services Director Susan Simpson 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, November 16, 2006, at 7:30 p.m. V ote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin yes Mayor Edelcup yes 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 6 Summary Minutes: Regular City Commission Meeting October 19,2006 City of Sunny Isles Beach, Florida 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance ofthe City Commission of the City of Sunny Isles Beach, Florida, Amending Sections 256-7 and 256-9 ofthe Sunny Isles Beach Parking Authority Ordinance; Providing for a 24-Hour On-Street Parking Permit for Residents and a Monthly Permit Fee Arrangement to Allow Long-Term On-Street Parking; Prohibiting the On-Street Parking of Commercial Vehicles During Specified Hours in Certain Designated Areas Along Atlantic Boulevard; Providing for Severability; Providing for Repealer; Providing for an Effective Date. (First Reading 09/21/06) Action: City Clerk Hines read the title and Community Development Director Robert Solera reported. He said in response to questions the Commission raised at first reading, he noted on page 2, that we are making sure that Atlantic Boulevard behind City Hall, remains resident- only parking in designated areas, and on-street parking for commercial vehicles, trucks or buses from 183rd Street south to 178 Street on the east side; maximum of3 hours parking for City Hall business. He said the other question that was raised is the fact that at one point we had resident parking for meters and we had to move one of the meters from those locations and in response to that on page 6 of the ordinance each one of the different types of parking decals, we have indicated parking permit decals for non-metered areas. Mr. Solera said there was also a question about storing vehicles on the streets for a length of time, and that the City is trying to establish a method to clean the streets, and page 8, Section G, explains that, but he would like to add to that section, "Not withstanding anything in this Chapter, the City Manager or designee may prohibit parking in designated areas for the following purposes which include but are not limited to cleaning the streets, Fire and Police emergencies, hurricane evacuations, and for any other municipality purposes. Any parking restriction shall be noted on the application for a parking decal and the decal." He said that they are going to change the parking permit application to reflect this requirement and also indicate which days would not be allowed for parking, those days need to be worked out between Assistant City Manager Vera and him as to when the cleaning will take place. Commissioner Goodman asked about parking on Atlantic Boulevard, both sides no parking unless posted, otherwise night-time parking designated areas residential parking in designated areas, no on-street parking, how are you going to monitor that, and Mr. Solera said on the west side of the street no parking is allowed, on the east side we are allowing parking for business related. He said it is going to be difficult to monitor because we will have to be out there every day, mark wheels, and there might be a lapse of time between the time the vehicle was removed and came back, but with the posted signs indicating that there is no commercial vehicles, no trucks, and related to business in City Hall, that will deter anyone from parking there. Commissioner Goodman asked about no resident parking overnight, and Mr. Solera said we have parking enforcement up from 6:30 a.m. to 10:00 p.m., so we will be able to catch those which are beyond the regular hours, although you can park there overnight if you have a resident-only parking decal. Public Speakers: none 7 Summary Minutes: Regular City Commission Meeting October 19,2006 City of Sunny Isles Beach, Florida Commissioner Thaler moved and Vice Mayor Brezin seconded a motion to adopt the ordinance, as amended. Ordinance No. 2006-264 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Goodman Commissioner Iglesias Commissioner Thaler Vice Mayor Brezin Mayor Edelcup yes yes yes yes yes 9B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 22 of the Sunny Isles Beach Code, Entitled "Departments"; Providing for the Separation of the Zoning, Planning and Building Department; Providing for the Creation of an Engineering Department; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 09/21/06) 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. 2006-265 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler ~ Vice Mayor Brezin yes Mayor Ede1cup m 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding Bid No. 06-06-02 to and Entering into an Agreement with Rogar Management & Consulting of Florida, LLC for Reclaiming Utility Easement Between 186th Street and 191st Street West of Collins Avenue, in an Amount Not to Exceed $109,927.44, 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. Public Speakers: none Commissioner Thaler asked when this work will be complete. Assistant City Manager Vera said that they will be having a meeting with the owners that are abutting the easement at Golden Shores and hopefully we will begin in December. He said they are working with FPL and have already given them the go-ahead so we have to clear the area first which will take over a month, therefore the estimated time for completion is April 2007 at which time 8 Summary Minutes: Regular City Commission Meeting October 19,2006 City of Sunny Isles Beach, Florida everything will be underground. Assistant City Manager Vera said this is Phase I, which is properties that abut Atlantic Boulevard, the alley, and than from 185th to the northern City property lines will also be undergrounded on Collins A venue, and we still have to address the rest of Golden Shores. Commissioner Iglesias moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2006-993 was adopted by a voice vote of 5-0 in favor. lOB. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving a Charitable Contribution to the Jewish Community Services, in the Amount of$5,000.00, to Help Fund Various, Vital Social Services Programs; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms ofthis Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and Mayor Edelcup reported. Public Speakers: none Commissioner Thaler moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2006-994 was adopted by a voice vote of 5-0 in favor. 10C. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Adopting the VantageCare Retirement Health Savings (RHS) Plan, as a Voluntary Employee Benefit with the ICMA Retirement Corporation, Attached Hereto as Exhibit "A"; Approving the Trust Agreement, Attached Hereto as Exhibit "B"; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Additional information was provided to the Commission prior to the meeting.} City Clerk Hines read the title and Human Resources Director Tom Acquaro reported noting that this is at no cost to the City. Public Speakers: none Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-995 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 V oluntary Enrollment of Employees into a CareAccess Alternative Limited Benefit Health Care Plan, Attached Hereto as Exhibit" A"; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and Human Resources Director Tom Acquaro reported noting that this is at no cost to the City. Public Speakers: none 9 Summary Minutes: Regular City Commission Meeting October 19,2006 City of Sunny Isles Beach, Florida Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-996 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 a Car Rental Agreement with Royal Rent-A-Car Systems of Florida, 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 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 Iglesias seconded a motion to approve the resolution. Resolution No. 2006-997 was adopted by a voice vote of 5-0 in favor. 10F. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Purchase of an Elgin Street Sweeper from Maryland Industrial Trucks, Inc., Pursuant to a Federal Contract, in an Amount Not to Exceed $177,801.00, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager Vera reported. Public Speakers: none Vice Mayor Brezin moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-998 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, Approving an Amendment to Agreement with Lukes' Landscaping, Inc. ("Lukes"'), for an Overhead Irrigation System for Medians Along Collins Avenue, in an Amount of $51,399.59, Attached Hereto as Exhibit "A", in Accordance with Resolutions No. 2003-556 and 2001-390; Authorizing the Mayor to Execute Said Amendment to Agreement; 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 Assistant City Manager Vera reported. Public Speakers: none Vice Mayor Brezin moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-999 was adopted by a voice vote of 5-0 in favor. 10 Summary Minutes: Regular City Commission Meeting October 19,2006 City of Sunny Isles Beach, Florida 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Accepting the Resignation of Chairperson Dionne Del Monico and Appointing Bud Scholl as Chairperson ofthe Historic Preservation Board, Attached as Exhibit "A"; Providing for an Effective Date. Action: City Clerk Hines read the title and Mayor Ede1cup reported. Public Speakers: none Commissioner Thaler moved and Vice Mayor Brezin seconded a motion to approve the resolution. Resolution No. 2006-1000 was adopted by a voice vote of 5-0 in favor. 101. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Accepting Donations in a Total Amount of $3,950.00 $3,700.00 from Various Business Owners to Partially Sponsor the City's Annual "Booogie on the Beach" Event, October 27 - 28, 2006; 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 Cultural and Human Services Director Susan Simpson reported noting that Bank United increased their donation from $250 to $500, bringing this total amount to $3,950.00. Public Speakers: none Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution, as amended. Resolution No. 2006-1001 was adopted by a voice vote of5- o in favor. 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, ("City") Authorizing Urbis and Key International LLLP., (the "Applicant"), (TDR2006-0l) the Transfer of Development Rights ("TDRs") in the Amount of 81,675 Square Feet of Floor Area and 45 Dwelling Units from the Tract "B" Porto Bellagio Bank and 1,815 Square Feet and One (1) Dwelling Unit from the City Bank Account for the Total Transfer of Development Rights ("TDRs"), in the Amount of 83,490 Square Feet and 46 Dwelling Units; Providing for the Acceptance and Payment by the Applicant in the Amount of $103,000.00 for the Transfer of Development Rights from the City Bank in the Amount of 1 ,815 Square Feet and One (1) Dwelling Unit, Pursuant to Section 265-23 ofthe City's Land Development Regulations (LDR's), and Site Plan Approval, Pursuant to Section 265-18 of the LDR's, to Permit the Development of20-Story Condominium Towers with a Total of 230-Residential Units, on the Property Located at 400 Sunny Isles Boulevard, Subject to Conditions; Providing for an Effective Date. Action: [City Clerk's Note: This item was taken out of order and heard after 6A.] City Clerk Hines read the title and Assistant City Manager Vera reported noting that due to the late request by the applicant for the purchase of TDRs, staff did not have time to have an appraisal prepared. He said within three (3) business days of approval of the zoning application, the applicant shall provide to the City a deposit in the amount of$l 03,000.00 for the transfer of 1,815 square feet and one dwelling unit from the City's TDR Bank, subject to 11 Summary Minutes: Regular City Commission Meeting October 19,2006 City of Sunny Isles Beach, Florida an appraisal being obtained by the City on the receiving side. Public Speakers: None Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-1002 was adopted by a voice vote of 5-0 in favor. [City Clerk's Note: The Commission took ajive-minute recess after this item before moving on to Item 7 A.] 10K. Add-On A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing the Purchase of Twelve (12) Bus Shelters and Twelve (12) Bus Benches from Tolar Manufacturing Company, Inc., Pursuant to City of Coral Springs Agreement #05-B-136m, in a Total Amount Not to Exceed $90,000.00, as Quoted and Attached Hereto as Composite Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: See companion item l2A below.] City Manager Szerlag reported [see action below in item l2Aj. Public Speakers: None Commissioner Thaler moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2006-1003 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS l1A. Call for a Motion to confirm the following removal/appointment to the Mayor's Advisory Council (MAC): . Education/Schools Committee: Remove Irving Diamond and appoint Loretta Mufson as Commissioner Danny Iglesias' Appointment (Irving Diamond is unable to serve). Action: Mayor Edelcup noted the above removal and appointment of a member to the Mayor's Advisory Council. Commissioner Iglesias moved and Commissioner Thaler seconded a motion to confirm the removal of the above-mentioned member and accepted the appointment. The motion was approved by a voice vote of 5-0 in favor. 12. DISCUSSION ITEMS 12A. Discussion regarding Bus Shelters and Benches Location/Update. Action: [City Clerk's Note: See companion item lOK above. Additional information was distributed along with an aerial map.] City Manager Szerlag gave a brief summary 12 Summary Minutes: Regular City Commission Meeting October 19,2006 City of Sunny Isles Beach, Florida regarding bus shelters and benches locations, the outcome would be to purchase 12 large or 13-foot long bus shelters to be placed along Collins Avenue, and inside those shelters we would use our existing benches, and our goal is to place these shelters behind the current sidewalk line by changing our ordinances to require a 1 O-foot wide easement or promenade on the west side of the sidewalks across the entire terminus of Collins Avenue that would enable us to have a clearer distance between backup curb and the bus shelters and also to implement our promenade street furniture streetscape plan. He said for the smaller shelters we would place them along the interior of the island and we are proposing to purchase four- foot benches that have no backs and a privacy bar, funds are budgeted for this purpose, and if the Commission agrees, he has provided a resolution [add-on item 10K above] for the Commission's approval that would allow us to install these benches along Collins Avenue and the interior of the island by the end of February 2007. Mayor Ede1cup asked if all the locations that are showed on the map in yellow are the proposed sites, and Cultural and Human Services Director Susan Simpson reported that the red buses on the map are the large shelters that we will be purchasing and are located on Collins A venue with the exception of the two on 174th Street. She said the blue buses are where we will locate the 9-foot shelters along the interior and most of those will not require any easements as there is plenty of right -of-way space. She said the yellow buses are all the other stops throughout the City that will not have shelters at this time but can be addressed in the future. Commissioner Goodman said on 174th Street there is a blue bus all the way to the west, that is not a City bus, Ms. Simpson said that is a bus stop where we will put the 9-foot shelter in front of Winston Towers 500 which is the City bus stop only. [See action above, Item lOK.] 12B. Discussion regarding Commercial VehicJes Allowed into the City's Parking Lots incJuding Size, Security, and Liability. Action: Community Development Director Robert Solera reported/distributed a power-point presentation. Mayor Ede1cup noted that there would be no occupancy in parked RVs. Mr. Solera said that funding will be required for scenarios 2 and 3 but we need to do further research as to what will be the initial cost as well as any recurring cost, and asked the City Commission for their advice as to which way to go and then they will proceed. Mayor Edelcup said that the study has proven that we can go ahead and solve a problem that has existed since the formation of the City and that is to have a site where our residents who are more diverse today and have more types of vehicles can park their vehicles so they are not on the street which is obstructing our current ordinance laws, their inability to park in their own condominiums because ofthe structure oftheir condominium laws, so he thinks all the scenarios including the parking ofthe boats and commercial vehicles are something that he thinks we should continue to pursue and provide as a service to the residents of Sunny Isles Beach, and hopefully whatever fee we would charge for this would cover the full cost of operating these facilities and not be at a negative cost to the City and we should be able to make this not necessarily a profit center but at least a break even cost structure. He recommended moving forward with the study to determine what costs are going to be 13 Summary Minutes: Regular City Commission Meeting October 19,2006 City of Sunny Isles Beach, Florida involved and how soon you could work this into your Capital Improvements Program and when we can look forward to seeing something like this. Commissioner Iglesias agreed and said that he thinks we are a service community and if we have the ability to provide this kind of service which would be unique for a City of this size, he would agree with the Mayor. Commissioner Thaler said that he thinks with the other regulations that we are putting in on Atlantic Boulevard this will enhance the amount of parking that the residents can do and also give the commercial people a place to put most of their vehicles without any real problems to them, and if we can do it simultaneously or relatively close, all we are doing is transferring them basically from Atlantic A venue to the Lehman Causeway and he is for the maximum that we can do for residents. Commissioner Goodman said originally when we had the beach renourished we had to have a certain amount of parking spaces and the Federal government renourished the beach on two or three different occasions, and we are going to need another beach renourishment, and we have always had enough parking spaces, and Mayor Edelcup said that this would not take away from that. Commissioner Goodman said being that we did not charge before and we are charging now he hoped it wouldn't have an effect, and Mayor Ede1cup said this has nothing to do with the beach area, this is for people who live in the City and want to park there. Commissioner Thaler said that we did charge under the Lehman Causeway, all we are going to do is to have additional charges for bigger vehicles. Commissioner Iglesias said that Commissioner Goodman made a good point but it does not prohibit the City from charging. City Manager Szerlag said we can come back for either the December Commission Meeting or a Special meeting in December with an entire program for the Commission, and Mayor Edelcup said to do it in December ifhe is ready to go. 12C. Discussion regarding Signage Identifying Several Communities Abutting Collins Avenue and Identifying our Parks. Action: Assistant City Manager Vera reported noting that previously the Commission had set a budget of $30,000 per sign and with that in mind he contacted Graph Plex Signs who meets our budget and needs. He stated that Cultural and Human Services Director Susan Simpson had advised him that we need to provide a plaque in Samson Park to meet regulations with the State, but that will come at a future date. Assistant City Manager Vera proceeded with a power point presentation on different signs, as well as a model of a sign. He said we must decide if we want one style across the board, or one style for the Parks and another style for the communities, and the estimated cost for all the signs would be $228,000.00, and we budgeted $250,000.00, electricity and landscaping is not included. Mayor Ede1cup said he liked the model sign, it is clean, it is flat surfaced, and is very attractive, and Commissioner Iglesias agreed. Assistant City Manager Vera said some of the signs would have to be made smaller to fit. Commissioner Thaler said that they all agree that the model sign is number one, but we may want a different sign for the parks and a second one for the communities. The Commission agreed to that, and Mayor Edelcup commented that when we get to making the signs, we need a different name for pocket park and active 14 Summary Minutes: Regular City Commission Meeting October 19,2006 City of Sunny Isles Beach, Florida park, and that they will need to discuss what that should be. City Manager Szerlag said if the Commission tells them to proceed, they will contact Kathy O'Leary the City's Landscape Architect to work on uplighting the landscaping around the signs as well. Assistant City Manager Vera said we would come in with a contract if the Commission agrees for them to proceed, and the first sign takes approximately six weeks to build it in the warehouse and they put it up on the site in less than a week, and they will be up before Christmas. Mayor Edelcup said to make sure there is lighting and landscaping there. Public Speakers: Jack Gervais Jack Gervais of Graph Plex Signs said they will also need to get the permits to install the signs, in addition their thinking was that the parks would take on a certain appearance to brand the City of Sunny Isles Beach and then the locations would take on a different, although they would be in the same family, it would help brand the parks versus the residential areas. Mayor Edelcup said it was an excellent presentation and we will all enjoy the benefits and it will help identify the community and the residential areas to visitors of the City. Commissioner Iglesias moved and Vice Mayor Brezin seconded a motion to move forward with the two styles of signs, and Assistant City Manager Vera noted the locations as well. The motion was approved by a voice vote of 5-0 in favor. 12D. Add-On: Discussion regarding Use of General Fund Balance to Advance Infrastructure Construction for 172nd Street. Action: City Manager Szerlag reported that W ASA is going to install a 16-inch sanitary sewer line on 172nd Street beginning at Collins A venue through its terminus at North Bay Road, and we have planned to budget Fiscal Year 2007/2008 some City infrastructure projects, drainage, sidewalks, undergrounding ofFPL as well as lighting. He said if we do nothing this fiscal year, what is going to happen in terms of tearing up 172nd Street is that construction will start with the W ASA project, probably in January 2007 and run through the summer and there will be a four to five month time lag and then the City will go in for six to eight months more to do its project. He said money is not budgeted this year but he would like to get input from the Commission just so that the Commission becomes cognizant that he would like to expedite the infrastructure on the City's behalf to avoid having the area of 172nd Street being under construction for a less time frame so that when it is open, although it will be a little longer, we won't have to go back three or four months later and open it up again. He said he would follow all purchasing and procurement protocols but would be requesting to take the funding out of a budget amendment utilizing the General Fund balance. It was the consensus of the City Commission to move this ahead simultaneously as we have the reserves there. 15 Summary Minutes: Regular City Commission Meeting October 19,2006 City of Sunny Isles Beach, Florida 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 14. ADJOURNMENT , Commissioner Goodman moved, and Commissioner Iglesias seconded the motion to adjourn, "and Mayor Ede1cup adjourned the meeting at 9:41 p.m. : ' \~, r. ",. " ) ., \,. '- "," Respectfully submitted by: proved by th":)Ci Y Co ..,. ,.r ".~ ~ .~ '14. . _ N rman S. Edelcup, Mayor . Jane' A. Hines, "" 1 .." :: I . " - " './ II.. r . 16