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HomeMy WebLinkAbout2006 0119 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, January 19,,2006, 7:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDERlROLL 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 Commissioner Lewis J. Thaler Interim City Manager Police Chief Fred Maas City Attorney Hans Ottinot City Clerk Jane A. Hines, CMC Assistant City Manager Jorge Vera Mayor Edelcup gave opening remarks of decorum. 2. PLEDGE OF ALLEGIANCE/INVOCATION Action: Steven Trattner led the Pledge of Allegiance to the flag, and Richard C. Schulman gave an invocation. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - December 8, 200S. Action: Commissioner Thaler moved and Vice Mayor Brezin seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5- o in favor. 3B. Special City Commission Meeting - December 20, 200S. Action: Vice Mayor Brezin moved and Commissioner Thaler seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5- o in favor. Summary Minutes: Regular City Commission Meeting January 19, 2006 City of Sunny Isles Beach, Florida 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Add-On New Item 7G: Ordinance regarding Construction Noise. Action: Mayor Edelcup noted the above change. Commissioner Iglesias moved and Commissioner Thaler seconded a motion to add Item 7G. The motion was approved by a voice vote of 5-0 in favor. 5. SPECIAL PRESENT A TIONS SA. Annual Report on the State of the City by Mayor Norman S. Edelcup. Action: Mayor Ede1cup noted that he gave the Address a week and half ago at the Concerned Citizens luncheon, and then read the State of the City Address. He noted that the City is very secure and financially strong, and with our financial resources we are able to provide better services to our residents and complete all of the scheduled Capital Improvement Programs. Mayor Edelcup noted major accomplishments and events that occurred over the year, including moving into the new Government Center which also houses the Miami-Dade County Library and the United States Post Office; improved lifeguard services; new bus routes; lower taxes; and that new holiday decorations were installed on light poles. He noted that Hans Ottinot was appointed City Attorney, and that John Szerlag was appointed our new City Manager who will begin in early March, and he introduced Mr. Szerlag. He also noted that the Commission approved a grant of $8.5 Million to the Miami-Dade County School Board for the purchase of land in Sunny Isles Beach to build a "K" through "8" school. He also noted the City's 20-year Time Capsule and "History Hall" which depicts the 85-year history of Sunny Isles Beach by historian Richard C. Schulman. Mayor Edelcup noted the opening of "Town Center Park", and that after its opening Hurricane Wilma arrived, and he commended Interim City Manager Police Chief Maas and our Police Department for maintaining order and stability within our City. He stated that he and Vice Mayor Roslyn Brezin ran unopposed, and that Commissioner Goodman was reelected. He also noted that the City entered into a Sister City Agreement with Netanya, Israel. Mayor Edelcup said by working together, we will continue to raise the quality oflife for the residents in our community, and to make our City known throughout the world as the "American Riviera". 5B. A Proclamation to be Presented to Alberto and Isolina Jorge Upon Their 75th Wedding Anniversary. Action: Mayor Edelcup said that this proclamation is in recognition of Commissioner Iglesias' Grandparents 75th Wedding Anniversary. Commissioner Iglesias, on behalf of the City Commission, presented his Grandfather a Proclamation proclaiming Tuesday, January 10,2006 as "Alberto and Isolina Jorge Day in the City of Sunny Isles Beach". Commissioner Iglesias said that his Grandmother was not feeling well and unable to be here tonight. He noted that when the City was going to become incorporated, his Grandmother at the age of 86, became an American citizen so that she could vote for the incorporation of the City. 2 Summary Minutes: Regular City Commission Meeting January 19,2006 City of Sunny Isles Beach, Florida 5C. Add-On: Presentations to Clayton L. Parker, Building Official/Administrator, Ismael Naranjo, Building Inspector, City Clerk Jane A. Hines, CMC, and Interim City Manager Police Chief Fred Maas. Action: Mayor Edelcup presented the City of Sunny Isles Beach watches to Building Official/Administrator Clayton Parker and Building Inspector Ismael Naranjo (the first recipients) for their outstanding work. He said that our City volunteered to help out the Louisiana and Mississippi Gulf Coast area by asking our people to volunteer to help wade through the debris and clutter that Hurricane Katrina caused in that area, and both Clay and Ismael were the first to volunteer. He noted that they spent two or more weeks in that area handling all the chaos that existed right after the hurricane and worked diligently with the local officials there to restore life as best as could be in that area. Mayor Edelcup also presented a City of Sunny Isles Beach lady's watch to City Clerk Hines upon recently earning the designation of Certified Municipal Clerk from the International Institute of Municipal City Clerks. He noted that she is one of about 10,000 City Clerks to have this designation in our nation. Mayor Edelcup, on behalf of the City Commission and all of the residents, presented the first "Man of the Year A ward" to Interim City Manager Police Chief Fred Maas. He said that it is remarkable that we have somebody ofChiefMaas' character, perseverance and drive that has been able to keep this City together. He stated that Chief Maas is well deserving of this honor and presented him with a cobalt crystal bowl that read "Presented to Chief of Police and Interim City Manager Fred Maas for his outstanding service and loyalty and dedication to the City of Sunny Isles Beach, Florida". Interim City Manager Maas said he was very humbled by this however that he would accept it on behalf of the fine men and women ofthis Police Department who risked their lives for the duration of the storm and the aftermath and did an incredible job. He stated "to lead is one thing, but you have to have good people to lead". 6. ZONING - ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. None 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Article IX of the Land Development Regulations of the City of Sunny Isles Beach Relating to Sign Regulations; Establishing a Requirement for a Unified Sign Plan for Multi-Tenant Development Projects; Establishing Regulations for Nonconforming Signs; Establishing Variance Procedures; 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 Vera reported noting that uniformity is a key component of the proposed amendments. He stated that the amortization period has been revised in accordance with the instructions provided by the City Commission. 3 Summary Minutes: Regular City Commission Meeting January 19,2006 City of Sunny Isles Beach, Florida Public Speakers: Richard Coker, Esq.; Steven Lesnick; Babak Raheb Commissioner Goodman asked if we extended the deadline for the sign ordinance. Assistant City Manager Vera noted in Section 265-60, that any lawful permanent sign built prior to the adoption of the Chapter that does not comply with the maximum height, maximum area, or the number of signs permitted as set forth in this Chapter shall be removed or altered to comply with the requirements of this Chapter within 12-months from the date ofthe adoption of this Chapter, and he noted the following amortization periods: Pole signs - 3 months; monumental and free standing signs - 6 months; permanent wall signs - 6 months; window signs - immediately; and multi-tenant center signs - 12 months. Richard Coker, Esq., representing Steven Lesnick who is the owner of the Doll House, said with respect to the number of signs, he is completely willing to comply by taking down those signs, but he has a unique circumstance because he has a double frontage establishment on Sunny Isles Boulevard which is two major thoroughfares with people driving fast going both ways. He said he wants the ability to face the wall signs at an angle that will attract traffic, as he is entitled to have two signs, one of 50-square feet and one of 2S-square feet. He said the appropriate face for that permitted sign is on the east face, still facing roadway but is facing an alley that connects the two streets. He asked that the City allow in the Code the flexibility not to increase the number of signs but if there is a more appropriate location for a sign face that faces a roadway, to move it to another face, to allow that sign to be shifted over to face that traffic in a more appropriate way. He said the other issue is an amortization period for the roof sign, where would that fall? He said because ofthe Hurricane, it may take longer to get a sign made. He said he would like to speak to the Assistant City Manager between first and second readings regarding this Ordinance. Mayor Edelcup said he does not have a problem with a second sign on a different wall but he does have a problem on the degree of the angle of a sign. He said temporary signs can't be delayed that long, he saw that the largest landlord in the City is here and he doesn't seem to have any problem getting signs made. Vice Mayor Brezin said that Mr. Coker referred to cars speeding through there where they would not be able to see the signs, but she said if they are going the legal speed limit they should be able to read that sign. Commissioner Thaler requested at the next reading to see sketches of any degree changes, but Mayor Edelcup said that we already saw the signs during the workshops. Mayor Edelcup said that we can't do site specific signage reviews, we have to pass a general Ordinance, and then have the staff work with each of the retailers on specific signs. City Attorney Ottinot said that he and Assistant City Manager Vera will meet with Mr. Coker and work out the issues. Steven Lesnick, owner of the Doll House, clarified that the 50-square foot sign will be in the alleyway facing the east, Mayor Edelcup said that we can't talk about site specific at this time. Mr. Lesnick clarified that the angle ofthe sign would be maybe 1 0-IS degrees. Mr. Lesnick asked when the roof sign has to come down and Assistant City Manager Vera said It should have come down in December 200S. City Attorney Ottinot said that staff will work out these issues. Babak Raheb said that he owns the cleaners in RK shopping center and he is located at the back of the center, and he used to have bigger signs in the front but since the change in monument signs, he has two small monument signs and asked if they could make the second 4 Summary Minutes: Regular City Commission Meeting January 19,2006 City of Sunny Isles Beach, Florida monument sign a little bit bigger because there are 30-40 stores and on the monument signs you are only allowing ten stores to be on them. He said since he is in the back he needs some kind of visibility. Assistant City Manager Vera said he needs direction from the Commission as it is not only him but there are others as well. Mayor Edelcup said we have already designated in the Code the size of a monument sign, it is then up to the landlord of that property to designate how he wants to split that monument into as many signs as is allowable in the space that is provided by that monument and it is not up to the City at that point other then to designate the overall size of the sign. City Attorney Ottinot noted on page 34 of the agenda packet, [page 8 of the Ordinance] under section 265.52 (A) (3), and Mayor Edelcup said it reads "All signs which display services or products as opposed to the business name." and he suggested that we need to open that up to include some services, as he went around the City with City Attorney Ottinot and Assistant City Manager Vera, they noticed places like Walgreens, that say "Pharmacy Open for 24 Hours", that would have to be permitted because not all Walgreens stores have 24-hour pharmacy service. He said we need the sign in its total space being the controlling item and what goes within that space to allow some discussion with the property owners. He said we don't want them advertising daily specials, it is a permanent sign. He said the amendment that he was suggesting is to incorporate the fact that within that space they can designate but they cannot exceed the size of that space. Commissioner Thaler moved and Vice Mayor Brezin 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, February 16,2006, at 7:30 p.m. V ote: Commissioner Goodman ~ Commissioner Iglesias ~ Commissioner Thaler yes Vice Mayor Brezin ~ Mayor Edelcup ~ 7B. Public Hearing An Ordinance of the City Commission ofthe City of Sunny Isles Beach, Florida, Amending Article VII of the Land Development Regulations of the City of Sunny Isles Beach to Create a Zoning Overlay District Entitled Cultural and Educational Zoning Overlay District ("CED"); Providing for Purpose and Intent; Providing for Permitted and Conditional Uses; Prohibiting Certain Uses; Providing for Site Development Standards; Providing for Land Dedication for Right-of-Way and Open Space; Establishing Boundaries for the District; Providing that the City's Zoning Map Shall be Amended to Include the Cultural and Educational Zoning Overlay District; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. Action: Mayor Edelcup noted that we are only proposing this Ordinance, that there is no site plan review in front of them tonight. City Clerk Hines read the title, and Assistant City Manager Vera reported noting that the purpose of this Ordinance is to create and encourage locations for cultural, educational, government, residential, and business uses within the northeast corridor of the City. He said it is also designed to facilitate pedestrian and vehicular 5 Summary Minutes: Regular City Commission Meeting January 19,2006 City of Sunny Isles Beach, Florida access by encouraging property owners to dedicate land for creation of a public right-of-way. He stated that back in 2000 the Department of Community Affairs approved the City's Comprehensive Plan in which encouraged the implementation of alternative routes within the City. Mayor Edelcup noted ,that recently we filed our EAR Plan which updated our five-year review and reconfirmed that we needed this alternative route through the City, which was approved by the State. Commissioner Iglesias said that it is almost a federal mandate in coastal communities to obtain alternative evacuation routes. Public Speakers: Steven Trattner; Elizabeth Trattner; Lila Kauffman; Honey Scriff; Bob Welsh; Ellen Wynne; Katie Vento; Isaac Bakar; Sean Oppen; Rumiana Grozdanova; Geoffrey Ehrich; Israel Baron; Fred Rossen; Merry Wynne; Ernest Rojas Mayor Edelcup on behalf of the City Commission thanked all the speakers and again reiterated that this is a general Ordinance, there are no site plan reviews before us tonight. Commissioner Goodman commented on the traffic and noted that the streets in Sunny Isles Beach are only 20-miles per hour, except for Collins Avenue and Sunny Isles Boulevard which are 35-miles per hour, and noted that speed bumps are going into Golden Shores. Commissioner Thaler noted that staff is working with Steven Trattner who has come and relayed the residents concerns. Vice Mayor Brezin said we have to work for each and every resident that lives here, and noted that there are safety issues and that they are looking at them. Commissioner Iglesias said that when the motels were here, each motel room generated five times the traffic that one single luxury condominium does. Interim City Manager ChiefMaas said in regards to traffic related issues in Golden Shores if there was a complaint, there was an officer at their doorstep within an hour or so, to listen to their complaint and to address it. He said in some of the cases when they investigated and contacted some of the individuals who live there, it is visitors or people just driving through the area. He said that the Police Department has created a form for the Traffic Division and it narrows down the times that most violations are noted, which helps the Police Department to be efficient when they send out units. He said he has a motor unit of six. He asked that before leaving tonight to see Lt. Feisthammel and give him the information so that we can be productive and come up at those times. He understands how difficult it is without sidewalks. Mayor Edelcup said we need to work together to achieve a common goal for ourselves. Commissioner Goodman 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, February 16, 2006, at 7:30 p.m. V ote: Commissioner Goodman yes Commissioner Iglesias ~ Commissioner Thaler yes Vice Mayor Brezin ~ Mayor Edelcup yes [City Clerk's Note: The City Commission took a five-minute recess.] 6 Summary Minutes: Regular City Commission Meeting January 19,2006 City of Sunny Isles Beach, Florida 7C. An Ordinance ofthe City Commission of the City of Sunny Isles Beach, Florida, Establishing Distance Requirements for Alcoholic Beverage Establishments; Providing for Purpose and Intent; Providing for Definitions; Providing for Exceptions from Distance Requirements; Establishing License Requirements; Establishing Hours of Operations; Providing for Issuance of Conditional Use Permits by the City Commission; Providing for Penalties; Providing for Severability; Providing for a Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager Vera reported and noted that when the City was incorporated it adopted the Miami-Dade County Code as its Code. The County Code does not address the unique circumstances of the City and staffbelieves it is necessary to adopt regulations for alcoholic beverage establishments as the separation requirements in the County Code are not tailored to a small city. He said the County requires 2,SOO feet from any church or school, and this proposed Ordinance establishes a 750-foot distance requirement for alcoholic beverage establishments. He said that only one wine and spirits store is permitted per shopping plaza, a public hearing is required to establish a wine and spirits store in a shopping plaza where one already exists. Public Speakers: Arnold Shevlin Arnold Shevlin representing RK Associates, who owns the majority of shopping centers in the City and has the only two properties that are affected by this Ordinance. He said he would like to address three issues: 1) hours of operation: in the proposed ordinance staff are proposing that package stores be allowed to open until 10:00 p.m. on Friday and Saturday nights. Currently they have one established liquor store that has been in the City for a long time at 180th and Collins A venue, and one new store that is currently a beer and wine store and wants to convert to liquor, and both tenants have requested that they be allowed to remain open on Friday and Saturday nights until midnight; 2) for clarification purposes for existing restaurants, nightclubs and establishments in the shopping center, he wanted to make sure on the record that whatever zoning they currently have and whatever resolutions were previously passed for them to have their nightclub licenses and sell liquor along with the restaurants would remain as is. Assistant City Manager Vera said that any conforming liquor store or establishment that sells alcohol whether it was through public hearing approval at the County or at this City will remain with whatever approval was under that resolution; 3) the original proposal was for liquor stores to remain closed on Sundays, and we had come to the Commission three years ago for their existing store and requested that they be open after 1 :00 p.m. on Sunday, but he thought that had been modified already. Mayor Edelcup said as to their hours he does not have any problem on Sunday opening after 1 :00 p.m. Assistant City Manager Vera asked what would be the closing time on Sunday, at 10:00 p.m.? Mayor Edelcup said yes that would be appropriate and noted that Interim City Manager Chief Maas said that would be appropriate from the City point of view. Commissioner Thaler said that being open until 1 0:00 p.m. on a Sunday was late, that most of them close at 8:00 p.m., but he was not objecting. Assistant City Manager Vera clarified that the package stores would be open Monday through Thursday 8:00 a.m. to 10:00 p.m.; Friday and Saturday from 8:00 a.m. to midnight; and Sundays from 1 :00 p.m. to 10:00 p.m. Commissioner Thaler noted that there was also a change in the paperwork from 500 feet to 7S0 feet distance from a church or school. 7 . Summary Minutes: Regular City Commission Meeting January 19,2006 City of Sunny Isles Beach, Florida Commissioner Goodman moved and Commissioner Thaler seconded a motion to approve the proposed ordinance on first reading, as amended. The motion was approved by a roll call vote of 4-0-1 [Commissioner Iglesias stepped out] in favor. Second reading, public hearing will be held on Thursday, February 16,2006, at 7:30 p.m. V ote: Commissioner Goodman ~ Commissioner Iglesias ....:.=-. (stepped out) Commissioner Thaler yes Vice Mayor Brezin ~ Mayor Edelcup ~ 7D. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 267.2(B) of the Code of Sunny Isles Beach, Adopting a Revised Fee Schedule for Planning and Zoning Services Attached as Exhibit "A"; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager Vera reported noting that the top portion of the fee schedule remains the same, and the bottom portion reflects charges for Planning and Zoning services that are being provided for plans being processed through the Building Department. The Commission asked what the fees were before, and City Attorney Ottinot asked Assistant City Manager Vera to submit the old fee schedule for comparison for second reading. Public Speakers: none Vice Mayor Brezin moved and Commissioner Thaler 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, February 16,2006, at 7:30 p.m. V ote: Commissioner Goodman yes Commissioner Iglesias ~ Commissioner Thaler ~ Vice Mayor Brezin yes Mayor Edelcup yes Mayor Edelcup asked staff, for the next Commission Meeting [February 16,2006] to review their recommendations to look at the calculation of the bonus fees, which have not been reviewed in the last three years, as construction costs have gone up significantly and therefore the fees that the City charge for bonuses are probably outdated and perhaps needs to be revised. He asked staff to submit a report next month. 7E. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Mandating that Gas Stations Within the City of Sunny Isles Beach have Adequate Alternate Energy Sources Including Emergency Generators to Operate Gas Pumps in Case of Emergency; Providing for Penalties; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. 8 Summary Minutes: Regular City Commission Meeting January 19,2006 City of Sunny Isles Beach, Florida Action: City Clerk Hines read the title, and Commissioner Thaler reported that this Ordinance will require gas stations within Sunny Isles Beach to have alternate power to sustain operations following a disaster such as a hurricane. Public Speakers: none Commissioner Iglesias moved and Commissioner Goodman 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, February 16, 2006, at 7:30 p.m. V ote: Commissioner Goodman yes Commissioner Iglesias ~ Commissioner Thaler ~ Vice Mayor Brezin yes Mayor Edelcup ~ 7F. An Ordinance ofthe City Commission of the City of Sunny Isles Beach, Florida, Requiring Marina Owners and Operators to Install and Maintain a Security Fence Enclosing the Perimeter of All Docks Located Within their Respective Marinas; Providing for Height Limitations and Setback Requirements; Providing for Penalties; 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 Vice Mayor Brezin reported that this Ordinance requires the area marine owners and operators to install and maintain fencing around the perimeter of each boat dock within their respective marina. She said it is a very dangerous situation because we have marinas with no fencing and adjacent to these marinas there are sidewalks and would be an access for people and children walking to get to the school bus stops, and if one child accidentally pushes another child he would fall into the water. She said some of the sidewalks are so narrow that if someone walking loses their balance their lives are in danger, and that this Ordinance is basically as a protection. Public Speakers,' Isaac Aelion; Fred Chouinard; Sam Kruger; Manny Fernandez Isaac Aelion recommended to the Planning and City Engineers that before the public hearing to sit down and study the limitations of height which is secondary to the setback requirements to consider the coastal water erosion below the dock level. He suggested that they consider a seawall to impede an erosion so that people coming in contact with the fence outside the dock area won't have a compromise like we do with the park in front of the 700 building marina where there is a serious problem with erosion and the fencing is standing and there is a compromise of children falling and sliding under the fence. He also noted that coupled with that, there also has to be a consideration of the structure, be it cement or boardwalk so that it will accommodate the fencing in such a way it would prevent the corrosion of the fence itself as a function of time because it would live on an area of high salt intensity in the air. Vice Mayor Brezin said that is a point well taken and she agrees with Mr. Aelion as to the foundation of the fence in dealing with erosion, however, as far as the setbacks are concerned, there are areas where you cannot have a setback of a fence because there is a sidewalk just adjacent to that waterway, and if you were to put a setback there before the fence started, then 9 -- Summary Minutes: Regular City Commission Meeting January 19,2006 City of Sunny Isles Beach, Florida what you would be doing would be to eliminate the sidewalk and you would be putting the people who are walking out into the gutters, so you can't have that type of setback as Mr. Aelion is indicating. She said that she agrees with him as far as the foundation, it should certainly be a structure that would be safe and dealing with erosion, and we have many incidences where we had fencing before and because of the hurricane, the fencing was wiped out, so they would have to be structured where they are stronger and would be able to withstand the winds. Mr. Aelion said what he would like to see is since the Code will become a permitted necessity then let it include also this concern so then if just the fence is being addressed then also this danger of the erosion under it is coupled into the Code so at least the problem that is now present with the children playing in front of the 700 building will also be looked at so if maybe the City would be requiring the owner ofthe Marina there to build some sort of separation of barrier, be it a seawall or some other structure that would impede from the continuation of the erosion below the fence. Commissioner Iglesias said that Mr. Aelion brought up a good point, in addition to that, first of all he agrees that we need to take care of the safety issue but he doesn't want to create a shot gun effect where we deal with the problem and create another problem. He said there is nothing in the Florida Building Code that requires that you have to put fencing in marinas, we need to be careful. He said there is an effect that is called scouring which is the fluctuation of the tides that works on seawalls we faced here in the Arlen House and behind Publix. He said what happens is the pounding of the waves, although it looks minimal, but when it hits and starts fluctuating and starts eroding the actual structure, the last thing we want to do with a structure like that is drill it to put in some fencing because in some cases like by Bay Road and the Arlen House that earth is what holds the roadway and you don't want to concave again and so he thinks that we need to make sure that that is addressed before we jump and start passing regulation because he as a dock owner is going to ask first what Code am I going to do it on? Commissioner Iglesias said that I) you need a geotechnical survey to find out what condition that seawall is at; 2) and depending on the condition, you may have to wind up putting sheet piling depending on what you are going to put on top of that wall, what he did at his house, it turned out to be a gigantic project from something very minimal because of some of these conditions, and 3) maybe what we want to do is to have an Ordinance where you take it site specific and because he does not want to start creating, for example, a marina that can be privately owned where people cannot get to it, he doesn't want to start forcing them to start putting fencing in if somebody is not going to go in there. He said he is concerned with, what Vice Mayor Brezin said, kids that are walking like at the Arlen House and they can be falling in, that needs to be addressed but he doesn't want to do it all over the place by forcing this you may start weakening structures. Mr. Aelion said that is why he would want to involve Clay Parker and his staff before the final approval. Commissioner Iglesias said to look at the areas where there is a problem with safety, and go from there and find out what solutions if there is nothing in Florida Building Code you will have to come up with our Codes and that is not easy. Vice Mayor Brezin said that the fence would be adjacent to the water. Commissioner Iglesias said that Vice Mayor Brezin wants safety where people have to walk along the waterway. 10 Summary Minutes: Regular City Commission Meeting January 19,2006 City of Sunny Isles Beach, Florida Mayor Edelcup said that this Ordinance needs to be reworded and noted that this Ordinance is only for marinas, you have a linear area east and west and part of that area is owned by a separate entity that owns the marina and part of that area is really Arlen House property and there is a private road there. He said the question is if you only enclose the marina section and not the entire section, what have you accomplished in that area? This ordinance is saying ifit is a public marina it should be there, what is left open is will the Arlen House people on their own decide to enclose the rest of it in order to protect the safety and welfare of their children or will they sit by and leave that open, and it seems that is a condo decision that needs to be made. His own feeling is if it goes on the marina area, it should go on the rest of the area. Mr. Fernandez said that the dock ends and this area begins, and Mayor Edelcup said that is where the problem lies, if we adopt this that it only applies to marinas, it leaves the open areas that are owned and are not marinas to be decided by the condo association whether they want to protect it or not. Vice Mayor Brezin said that in discussions with the Arlen House, once the marina puts up the fence, they would follow through, and Mayor Edelcup said it is not covered in this Ordinance, and Vice Mayor Brezin said that this Ordinance is a beginning. Mayor Edelcup said that this Ordinance needs to be redrafted and presented again for first reading at the next Commission meeting in February taking in consideration all the comments that we have heard tonight and allowing the residents that still want to get with staff as to further ideas to incorporate those ideas. Mr. Krueger noted that the marina at Arlen House was part ofthe common area element owned by the Arlen Realty Corporation. He said it was leased to the current operator of the marina, however, the fence that was there [destroyed by Hurricane Wilma] was on almost % of the property it was not only covering the dock but it was extended another 300-feet west of the dock and he is suggested, ifit is retroactive, why shouldn't the same people put it in. Mayor Edelcup said because it is not on their property, and if you don't have an agreement with them that they entered into initially to maintain it forever even though it is on your property, then you don't have a basis. Mayor Edelcup said we can't get site specific, we are trying to pass an ordinance that encompasses marinas throughout the City. Commissioner Goodman moved and Commissioner Iglesias seconded a motion to defer this item to February 16,2006. The motion was approved by a voice vote of 5-0 in favor. 7G. Add-On: An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 193-1 of the Code of the City of Sunny Isles Beach Relating to Construction Noise; Providing for New Penalties to Control Noise Pollution Related to Construction Activities; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. Action: [City Clerk's Note: Approved to add on new item, see Item 4A} Mayor Edelcup reported that even though we have passed these construction noise ordinances and have discussed them at open hearings about violations, it appears that certain contractors don't seem to want to adhere to the ordinance that we have which provided for fines which are minimal, and it is easier to pay the fine and do the work. He said as a result of an incident that occurred this week, he has asked for this item to be placed on this agenda which greatly 11 Summary Minutes: Regular City Commission Meeting January 19,2006 City of Sunny Isles Beach, Florida increases the penalty and pain that will be inflicted upon the developer who chooses to disobey the ordinance and disrupt the quiet time that we want to permit our residents to have. He said therefore, instead of a $SOO.OO fine, it is a $10,000.00 fine for the first offense, $20,000.00 for a second offense and on the third offense, the operation will be closed down for a 24-hour period. He said we can demonstrate that we mean to enforce our laws, it seems that we were too lenient before and they wanted to disregard them, and therefore he is asking the Commission to pass this Ordinance making it significantly more of a hardship for a contractor to not follow the ordinances that we have here in the City. Commissioner Iglesias agreed with Mayor Edelcup but he asked to make sure that this applies to major construction sites. Mayor Edelcup said this is for mechanical machinery, and that there will be a warning issued first. Assistant City Manager Vera said he needs to come back to the Commission with the noise ordinance because last time we said all holidays and he needs to list the individual holidays. Mayor Edelcup said to list them and post them so everyone will know them from year to year Public Speakers: none Commissioner Goodman 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, February 16, 2006, at 7:30 p.m. V ote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler ~ Vice Mayor Brezin yes Mayor Edelcup ~ 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. Sitting in as the Local Planning Agency and the City Commission, to Consider an Ordinance Amending the Land Development Regulations (LDRs) 9A.l A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida, Recommending to the City Commission of Sunny Isles Beach, the Ordinance Amending Ordinance No. 200S-230 and Section 26S-23.3(C) of the Land Development Regulations, Relating to Transfer of Development Rights from Privately-Owned Sender Sites, Attached as Exhibit "A"; Providing for an Effective Date. Action: City Clerk Hines read the title. Public Speakers: none 12 Summary Minutes: Regular City Commission Meeting January 19,2006 City of Sunny Isles Beach, Florida Commissioner Iglesias moved and Vice Mayor Brezin seconded a motion to approve the resolution. LP A Resolution No. 2006-34 was adopted by a voice vote of 5-0 in favor. 9A.2 An Ordinance ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Amending Ordinance No. 200S-230 and Section 26S-23.3(C) of the Land Development Regulations, Relating to Transfer of Development Rights from Privately-Owned Sender Sites; Providing for Severability; Providing for a Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 12/08/0S) Action: City Clerk Hines read the title and Mayor Edelcup reported that this is to increase the opportunity for TORs throughout the City and basically to provide for those areas on the west side of Collins A venue to be able to be donated so that we can acquire more greenspace and increase the number of parks in the City. Public Speakers: none Commissioner Iglesias moved and Vice Mayor Brezin seconded a motion to adopt the ordinance. Ordinance No. 2006-243 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin yes Mayor Edelcup yes 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, RatifYing the Execution of an Agreement with Anthony John Szerlag for the Position of City Manager of the City of Sunny Isles Beach, Attached Hereto as Exhibit "A"; Providing the Mayor and the City Attorney with the Authority to Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title and Mayor Edelcup reported. Public Speakers: none Mr. Szerlag thanked Mayor Edelcup and the City Commission. Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-876 was adopted by a voice vote of 5-0 in favor. 13 Summary Minutes: Regular City Commission Meeting January 19,2006 City of Sunny Isles Beach, Florida lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Purchase of Speed Humps from Roadtech Manufacturing Company, for the Golden Shores Area, in the Amount of $16,688.94; 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 Public Works Director James Watts reported and noted that it will take about 8 - 10 weeks for the delivery. Public Speakers: none Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-877 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, Authorizing the City Manager to Apply, Receive and Expend Monies from the U.S. Department of Justice Through the Florida Department of Law Enforcement, Justice Assistance Grant (JAG) in the Amount of $8,784.00 with No Cash Match Required; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and Police Captain Michael Grandinetti reported that the City will use the funds to purchase the necessary equipment to create an "Emergency Traffic Support Unit Trailer" to mobilize within minutes to any location within the City to secure, stop or redirect traffic at the scene of any traffic related or traffic effected incident. Interim City Manager Maas said that this is also one of the steps that will be followed in through the recommendation on the after action plan having taken all of the Commission's recommendations as well as staff for the next hurricane season. Public Speakers: none Commissioner Iglesias moved and Vice Mayor Brezin seconded a motion to approve the resolution. Resolution No. 2006-878 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, Amending Resolution No. 2005-809 Relating to the Tender of $8.5 Million to the School Board of Miami-Dade County; Providing for an Increase ofInitial Tender by $1.5 Million for the Acquisition of 2.1 Acres of Land for the Proposed School; 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 Hines read the title and Mayor Edelcup reported noting that due to the increasing property values in the City, and through negotiations with the School Board, the City has agreed to increase its initial tender offer to $10 Million. Public Speakers: Bob Welsh Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-879 was adopted by a voice vote of 5-0 in favor. 14 Summary Minutes: Regular City Commission Meeting January 19,2006 City of Sunny Isles Beach, Florida 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Interlocal Agreement between the City of Sunny Isles Beach and Miami-Dade County for the Construction of a City Recreation/Community Center and Various Park Facilities, Otherwise Known as the Redesign Active Park Project; Authorizing the City Attorney and City Manager to Do All Things Necessary to Effectuate the Terms of the Interlocal Agreement and to Accept $347,000.00 from the Building Better Communities General Obligation Bond Program; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager Vera reported that the total estimated cost of the project is $7 Million. He said that after discussion with the City Attorney and the County, we are in the process of trying to get $347,000.00 without having to comply with the procurement procedures of the County since we already started and we let out this contract. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-880 was adopted by a voice vote of 5-0 in favor. 10F. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving an Interlocal Agreement between the City of Sunny Isles Beach and Miami-Dade County for the Construction of the Central Island Stormwater Drainage Project; Authorizing the City Attorney and City Manager to Do All Things Necessary to Effectuate the Terms of the Interlocal Agreement and to Accept $2.5 Million from the Building Better Communities General Obligation Bond Program; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager Vera reported noting that the total cost is estimated at $5.5 Million. He noted that the County has approved funds of $2.5 Million and we have not let the contract out yet and so we will probably be going through the procurement process of the County since that is one of the requirements of the Interlocal Agreement with them. Public Speakers: none Commissioner Goodman asked when the project will be started and Assistant City Manager Vera said we have to go out to bid again about the middle of the year, and once the project is started it will take about 18 months. Mayor Edelcup noted that in addition to the $2.5 Million, we have already received various annual grants, and Assistant City Manager Vera said we have received about $400,000.00. Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-881 was adopted by a voice vote of 5-0 in favor. 15 Summary Minutes: Regular City Commission Meeting January 19,2006 City of Sunny Isles Beach, Florida lOG. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing the Renaming of the Mayor's Advisory Council's Health and Community Activities Committee to the "Community Activities and Health Committee"; Providing for an Effective Date. Action: City Clerk Hines read the title and Vice Mayor Brezin reported. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-882 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS 11A. Call for a Motion to confirm the following appointment to the Mayor's Advisory Council (MAC) to fill a vacancy: . Vice Mayor Brezin's Appointment of Lee Liebman to the Health and Community Activities Committee. Action: Vice Mayor Brezin withdrew this item. She noted that Isaac Feldman would like to remain on the Committee. Mayor Edelcup noted that the Committees do not have the empowerment to dismiss a member, that can only come from the Commission or Mayor, and that can only arise if that person misses three consecutive meetings. He said we should clarifY what three consecutive meetings are because in this instance, the three consecutive meetings all occurred in the same week, and that was not the intent of the Ordinance and/or our Policy of Procedures. He said that our policy should be if you miss three monthly meetings consecutively and the Sub-Committee needs to be reminded that they don't have the power to hire or fire a member. Commissioner Thaler said that the Committee asked the liaison to bring it back to this Commission. lIB. Add-On: Call for a Motion for the City of Sunny Isles Beach to Join Forces with the Aventura Chamber of Commerce. Action: Mayor Edelcup stated that the A ventura Chamber of Commerce has come to the City of Sunny Isles Beach and asked that we join forces and to include the City with A ventura and he noted that a lot of that effort was initiated by Commissioner Thaler. He said that we need to get permission from the City Commission for the City to become a member at a cost of $1 ,000.00, and we need to get permission from the Commission for the postage of $250.00 to put out a mailing to announce the City's participation in this Chamber of Commerce. He noted that there will be a meeting of the Chamber of Commerce on Thursday, January 26,2006 at 6:00 p.m. at 3501 163rd Street, and that the name will change to the A ventura/Sunny Isles Beach Chamber of Commerce. Commissioner Thaler moved and Commissioner Goodman seconded a motion to become a member of the Chamber of Commerce at a cost of$l,OOO.OO, and approve payment of $250.00 for the postage. The motion was approved by a voice vote of 5-0 in favor. 16 . Summary Minutes: Regular City Commission Meeting January 19,2006 City of Sunny Isles Beach, Florida 12. DISCUSSION ITEMS None 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 14. ADJOURNMENT Commissioner Goodman moved to adjourn the meeting, and Mayor Edelcup adjourned it at 10:37 p.m. Re~pect~ully submitted by: Approved by the City Commission on Feb. 16,2006 ~~~.~ " Jane A. \Hines, CMC, City Clerk 17