Loading...
HomeMy WebLinkAbout2006 0216 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, February 16,2006, 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 7:32 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 Deputy City Attorney Patricia SaintVil-Joseph Mayor Edelcup gave opening remarks of decorum. 2. PLEDGE OF ALLEGIANCEIINVOCATION Action: Steve Trattner led the Pledge of Allegiance to the flag, and Richard C. Schulman gave an invocation. 3. APPROV AL OF MINUTES 3A. Regular City Commission Meeting - January 19, 2006. 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. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items. Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida 5. SPECIAL PRESENT A TIONS SA. Presentation of Certificates of Appreciation to the following Sunny Isles Beach Lifeguards: Luis Cordero, Christian Padin, and Marco Almodovar. Action: Interim City Manager ChiefMaas reported of the Lifeguards heroism, and noted an article he is writing for the Sunny Isles Beach Sun about the Deputy that was killed last night on I-595. He said the Deputy was 23 years old, the same age as these Lifeguards, and was killed tragically while he was doing his job, a car struck and killed him. He said that the Deputy, less than four months ago, saved the life of a child who was drowning, and the irony is that these three gentlemen who risk their lives every day going into that ocean and rescuing people, are here to accept an award, the Deputy will not be able to accept that award. Interim City Manager Chief Maas asked for a moment of silence to remember him, noting that the Deputy's father just retired as a Ft. Lauderdale Police Officer. Interim City Manager Chief Maas and Cultural and Human Services Director Susan Simpson thanked and congratulated the Lifeguards, and Mayor Edelcup on behalf ofthe City Commission presented Certificates of Appreciation to each of them. 5B. A Proclamation to be Presented to Charles Wachsberg Proclaiming February 16,2006 as "Charles Wachsberg Day in the City of Sunny Isles Beach". Action: Mayor Edelcup said that Artist Charles Wachs berg designed and created the City's Seal, and on behalf of the City Commission presented a Proclamation to Charles Wachsberg in honor of his dedication to this City and to its citizens. Charles and Anne Wachs berg accepted the award. 6. ZONING - ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. None 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Requiring Marina Owners and Operators to Install and Maintain a Safety Fence or Railing Lining the Perimeter of All Docks Located Adjacent to a Walkway; Providing for Purpose and Intent; Providing for Definitions; Providing for Height Limitations; Providing for Enforcement and Penalties; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (Deferred from 1/19/06) Action: City Clerk Hines read the title, and Vice Mayor Brezin reported that in response to the issues that were raised at the last Commission meeting, the Ordinance was revised to address the items discussed, and that it only applies to commercial marinas. She noted that the Ordinance has no time limit for when they have to comply, and that she would like to add to the Ordinance that it be within 60-days from the date of adoption. Public Speakers: none 2 Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida Commissioner Iglesias asked Vice Mayor Brezin for clarification, installed or to pull a permit? Vice Mayor Brezin said installed, and Commissioner Iglesias said he would like for consideration that they pull a permit within 60-days because they may be hard-pressed to get materials to do it nowadays, and Mayor Edelcup thought that would be appropriate. Vice Mayor Brezin asked how long are we talking about for compliance to actually complete it because this is a very dangerous situation, and she wants to move this as quickly as possible. City Attorney Ottinot said if they are able to prove that they pulled a permit, that is in compliance within 60-days and the Building Department would work with them. Commissioner Iglesias and Vice Mayor Brezin revised the Ordinance stating to pull a permit within 60-days. Commissioner Thaler asked how long the permit is good for and Assistant City Manager Vera said 180-days. Commissioner Thaler said that there should be a time limit put on after they pull the permit. Commissioner Iglesias said that they cannot pull a permit and wait 180 days before they start because there has to be some procurement time, and City Attorney Ottinot said it has to be an active permit, they cannot sit on it. Building Official Clayton Parker said that they have to show proof that they are actively working on the project, and he said that it is in the State Statutes that they have 180-days between inspections. City Attorney Ottinot stated that we can achieve compliance with this amendment. Commissioner Iglesias 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 5-0 in favor. Second reading, public hearing will be held on Thursday, March 16,2006, at 7:30 p.m. Vote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin yes Mayor Edelcup yes 7B. An Ordinance of the City Commission ofthe City of Sunny Isles Beach, Florida, Amending Section 250-12 of the Code of the City of Sunny Isles Beach Relating to the Utility Requirements of New Construction and Rehabilitated Structures; Providing for the Installation of Underground Service Facilities on All New Construction Within the Town Center District; 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 Mayor Edelcup reported and noted that this Ordinance would not apply to projects that have already received development approval. City Attorney Ottinot said for clarification that this is for projects that have received approval in the Town Center District. Mayor Edelcup said yes for the Sunny Isles Boulevard Corridor. Public Speakers: Cliff Schulman, Esq. Commissioner Thaler asked ifthere is a change in a project that has already come before us, is that considered new or old, and City Attorney Ottinot said if it is a minor modification it is considered old, but if a project would add an additional tower it is considered new. Mayor 3 Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida Edelcup said if we are adding dwelling units or additional FAR, we can define that to be new. Cliff Schulman, Esq., representing Milton and Associates, asked for clarification, as the Ordinance is presently written, it does not express the intent in Mayor Edelcup's memorandum that previously approved developments would be grandfathered in, and asked in the event of a modification that adds an additional element that the new element would have to meet the Code but not that that was previously approved, correct? City Attorney Ottinot said that was consistent with the Commission's intent. Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the proposed ordinance on first reading, as amended with the modifications discussed. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday, March 16,2006, at 7:30 p.m. V ote: Commissioner Goodman yes Commissioner Iglesias ~ Commissioner Thaler yes Vice Mayor Brezin yes Mayor Edelcup yes 7C. An Ordinance ofthe City Commission of the City of Sunny Isles Beach, Florida, Prohibiting the Use of Window Covering Material, Barrier or Sign that Exceeds 15% of the Total Transparent Area of a Window(s) in the B-1 and Town Center Business Districts; 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 City Attorney Ottinot Edelcup reported and noted one modification that it would apply to all commercial establishments within the City. Interim City Manager Chief Maas said that when discussion came about concerning this Ordinance one of the concerns was of Officer safety. He said that often times Officers respond to in-progress calls or critical incidents at particular establishments, such as a bank, and the Officer needs to see into the business as it relates to the call such as a robbery in- progress or any type of violent crime that may be going on. lfthe window is covered it would preclude that Officer from seeing into or actually observe and it could be serious not only to the Officer's safety but to those innocent victims that may be inside during the proactive commission of a crime. Public Speakers: none Commissioner Goodman 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, March 16,2006, at 7:30 p.m. Vote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin yes Mayor Edelcup ~ 4 Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida 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 Article IX of the Land Development Regulations of the City of Sunny Isles Beach Relating to Sign Regulations, Attached as Exhibit "A"; Providing for an Effective Date. Action: City Clerk Hines read the title. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. LP A Resolution No. 2006-35 was adopted by a voice vote of 5-0 in favor. 9A.2. 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. (F irst Reading 01/19/06) 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 noted a correction on page 22 of the Ordinance under F., third line down, to add "... unless otherwise approved by the City Manager or designee", [also page 15 and 16: Ordinance 265-58fkj U).] Public Speakers: none Commissioner Thaler said that the multi-tenant development project is permitted to have more then one monument sign, and asked if we have a limit. Assistant City Manager Vera said that if you have three towers, each of the towers would have its own sign. Commissioner Thaler moved and Commissioner Iglesias seconded a motion to adopt the ordinance, as amended. Ordinance No. 2006-244 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 5 Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida 9B. Sitting in as the Local Planning Agency and the City Commission, to Consider an Ordinance Amending the Land Development Regulations (LDRs) 9B.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 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"), Attached as Exhibit "A"; Providing for an Effective Date. Action: City Clerk Hines read the title. Public Speakers: none Commissioner Iglesias moved and Commissioner Goodman seconded a motion to approve the resolution. LP A Resolution No. 2006-36 was adopted by a voice vote of 5-0 in favor. 9B.2 An Ordinance ofthe City Commission of the 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. (First Reading 01/19/06) Action: City Clerk Hines read the title and Assistant City Manager Vera reported that the purpose of this Ordinance is to create and encourage locations for cultural, educational, government, residential, and business uses within the northeast corridor ofthe City. He noted that a workshop has been held and that they also had meetings with the Association from Golden Shores regarding their needs and certain issues that they had with this right-of-way and staff will continue working with them as we proceed. Public Speakers: Henry Kay; Lila Kauffman; Herb Abramson; Steve Trattner; Ellen Wynne; Juan Crespi; Bob Welsh; Elizabeth Trattner; Mercedes Cantrell; Marianna Talslaevsky Mayor Edelcup said that there is great concern that we don't disturb the quality oflife in that community and we need to be extremely careful of that and hopefully we can do everything possible to maintain or make it even better then it is today, so that there is some compromise and trade-off of whatever they may be giving up in the way of road, for something better in their own community. Assistant City Manager Vera said that they have been talking with them and have also told them that we would meet with them once the plans are ready for reviewing and we will see how everything will fall into place, and that their other issues will be addressed. Lila Kauffman said that the first issue is the name when in truth it is a zoning issue, and that the County had a 4-floor height maximum on the west side. She said that you are still putting 6 Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida up a building between 190 and 265 feet and if you are really concerned about traffic why are we putting high-rises on the west side, we are defeating the whole purpose of cutting back on high-rises, and she asked what the reasoning is behind this. Assistant City Manager Vera said that this is Zone B-1 and the County never had any height limitations there as far as two or four stories. He said before it was a greater height that was permitted and even more FAR then they are getting right now. Mayor Edelcup said when we passed the B-1 Zoning, Commissioner Kauffman was on the Commission at the time, and at that time we limited the height to 15-stories. Commissioner Thaler said that was his first meeting as a Commissioner where we established 190-feet in that area, so it was actually established higher by the Commission before this Commission. Vice Mayor Brezin asked Ms. Kauffman where she got her information, and Ms. Kauffman said when we discussed something about the land on 174th and Collins which is now a park, there was supposed to be a building there and the building was going to be constructed and the 600 Building came out in force against any more building on the west side and in that meeting it was established that the County law was four floors on the west side so it would be impossible to put up a building as the developer had wanted and the land got donated in exchange. Mayor Edelcup said it was changed prior to that night. Commissioner Iglesias said that it is four stories on Collins Avenue in Town Center. City Attorney Ottinot said the boundaries of the District are from 178th Street to 185th Street, and if you look at the uses within that District you have this Municipal Center which is a permitted use, you have a Library which is a cultural center, and also you have an educational use which we will eventually have in the future, so basically you have a mixed-use government and educational use and a business use and that is why we gave it that name Cultural and Educational Zoning Overlay District. He said we gave it a title that fits the uses within that District. Steve Trattner asked the Commission if they can support in large part at least in theory and intent not necessarily to the exact letter of everything that we have discussed and the plans and recommendations have been made but at least in those discussions between the City Attorney, Assistant City Manager, and the representatives of Golden Shores, and the Commission said yes that they can definitely have their support. Ellen Wynne gave a brief history of North Bay Road. Juan Crespi said his issue is with the North Bay Road extension into Golden Shores. He said since March 2000 a group of residents got together with the necessary signatures to approach the Miami-Dade County Public Works Department to begin the study for a possible gatehouse to Golden Shores. He said what he had learned in the process and what they had agreed on is 189th Street appeared to be the ideal entry point being in the middle of the neighborhood. He said 189th Street according to FOOT could not get a left-hand turn going north, therefore and this is where they are in direct conflict with the proposal tonight, they need 185th Street to be able to exit and make a left-hand turn into Collins. He said without that possibility, the County would not allow a gate, there are ways to solve matters, but the solution of the traffic problem is not in their little neighborhood. He also showed a rendering of a gate into Golden Shores on 189th Street, and Mayor Edelcup asked him to present it to staff, and said that could go under consideration to discussion of whether or not you can make a left turn going out on 185th Street. 7 Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida Elizabeth Trattner said that the City neglected to check on Golden Shores during the week following Hurricane Wilma, with the exception of Chief Maas and his staff, as they had no electricity for two weeks. Mayor EdeIcup said on behalf of the Commission that they do not neglect any areas within our City, and that they all met in ChiefMaas' office on the day after the Hurricane to come up with a plan of action to help all the residents of Sunny Isles Beach. Commissioner Iglesias said that the greatest amount of money in a Capital Improvement project that this City has done has been done for the drainage in Golden Shores and so to say that this area was neglected is not true. Commissioner Goodman said they have no control over FPL. Commissioner Thaler said that he tried to drive through Golden Shores and he came back and reported to the Chief as to what was happening, the pumps were off, the pumps were put back on to get the water out of the roads, we had a crew come out there, the first area that they went to was Golden Shores to try to get those trees off the road. He said they knew you had a power problem, the Mayor called FPL, he called, the Chief called, almost every day, it was not forgotten, FPL is out of our control. Interim City Manager Chief Maas said that he can only support the Commission in their statements, one of the reasons the Police Department took the actions that they did in delivering as much personal service to Golden Shores as they could was because the Commission were in his office everyday saying please call FPL again and use every contact you have and they did it daily. Commissioner Iglesias moved and Commissioner Thaler seconded a motion to adopt the ordinance. Ordinance No. 2006-245 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 [City Clerk's Note: The Commission took a five-minute break.] 9C. An Ordinance of the 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. (First Reading 01/19/06) Action: City Clerk Hines read the title and City Attorney Ottinot reported that the entire report was read into the record at the first reading. He said the City did not have any Code provision to deal with alcoholic beverage establishments and we adopted our own Code instead of relying on County Code. He said this will impose a distance requirement established in between certain uses and the distance requirement is set at ISO-feet. Public Speakers: none 8 -- Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida Commissioner Thaler moved and Commissioner Iglesias seconded a motion to adopt the ordinance. Ordinance No. 2006-246 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Goodman yes Commissioner Iglesias ~ Commissioner Thaler ~ Vice Mayor Brezin yes Mayor Edelcup ~ 9D. An Ordinance of the City Commission ofthe 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. (First Reading 01/19/06) Action: City Clerk Hines read the title and City Attorney Ottinot noted that this report was read into the record at first reading. He said the Zoning Administrator is changing the current zoning fees and adding some additional fees. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to adopt the ordinance. Ordinance No. 2006-247 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Goodman ~ Commissioner Iglesias yes Commissioner Thaler ~ Vice Mayor Brezin ~ Mayor Edelcup yes 9E. An Ordinance ofthe 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. (First Reading 01/19/06) Action: City Clerk Hines read the title and Commissioner Thaler reported. Public Speakers: Jad Shor Jad Shor asked about adding to it the supermarkets. Mayor Edelcup said that he was going to add that but will do a separate Ordinance. He said that they will be instructing staff to do a separate Ordinance to cover food stores and pharmacies/drug stores as another Ordinance we need for hurricane protection. He said in addition he would also like to instruct staff to study the possibility of an Ordinance requiring high-rise condos to have emergency generators that will provide at least one elevator working at all times. He said he wants two separate Ordinances and City Attorney Ottinot asked if he wanted them to be presented at the March 16, 2006 City Commission meeting and Mayor Edelcup said as soon as possible. 9 Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida Commissioner Thaler said that he would like to reduce the amount of time that we would give them so that it would wind up coming into effect before the next hurricane season, he said on this we are giving them six months so that it would be coming a month into hurricane season. City Attorney Ottinot said that we could adopt the ordinance as an emergency ordinance which would give it 90-days. Mayor Edelcup said the two new Ordinances can come in at 90- days and they would coincide with this one and would be in time for this season. Mayor Edelcup said that there are a number of Ordinances as we go throughout the year that we are trying to do whatever we can for hurricane preparedness and we started last year with the price-gouging Ordinance. Commissioner Goodman moved and Commissioner Iglesias seconded a motion to adopt the ordinance. Ordinance No. 2006-248 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Thaler ~ Vice Mayor Brezin yes Mayor Edelcup yes 9F. 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. (First Reading 01 II 9/06) Action: City Clerk Hines read the title and Mayor Edelcup reported that we have had ordinances on the books for many years, and those ordinances were being ignored and the time limits were not imposed, therefore, after several complaints by residents who were being disturbed, we felt it was necessary to come up with a new Ordinance that made the penalties more painful. He said he is recommending this Ordinance that carries the first offense fine as $10,000.00, a second offense fine of$20,000.00, and a third offense fine of shutting down the job for 24-hours. He said at the discretion of the City Manager and his staff, that in an emergency situation such as special pours, certain arrangements can be made for earlier starts and later finishes. Public Speakers: Maria Gralia; Jeffrey Bass, Esq.; Cliff Shulman, Esq.; Joe Milton; Peter Weiner; Steven Zelkavitz; Henry Kay; George Berlin; Gregory Warren Commissioner Iglesias agreed with Mayor Edelcup and noted that we need to coexist with the people around here, however, he said he feels that it is also important that we want to make sure that these projects are built, get in and out, and give them a less amount of time that they clog up our roads. He said one thing that comes to his attention is the start time, he wants to make sure that a lot of these mixtures are not competing with the traffic so he would like to see at least a 7:00 a.m. start time Monday through Friday and he doesn't want to have anybody working on Saturdays and Sundays. He said he realizes that if these people don't start their pour on Monday, you can risk the fact that you can have a concrete pour that has to be poured and cured. 10 Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida Vice Mayor Brezin agreed with Commissioner Iglesias and that if it was necessary for the completion to get it in time they can make that request to our Building Department for approval for certain specific things that have to be done and under the circumstances we will have to work with the builders and be understanding in that regard. Commissioner Goodman said they can work but not make noise. Commissioner Thaler said he agrees with them but one thing you have to remember is if you start at 7:00 a.m. and you put these heavy trucks up you are dealing with 5:30 or 6:00 in the morning with the noise starting with the trucks showing up on the road for a pour, so he thinks it should be very limited. Jeffrey Bass, Esq. representing the Related Group of Florida together with TRG Desert Inn Venture, the project known as Ocean IV, said that this Ordinance as drafted is inconsistent with the law of the State of Florida as it relates to the penalty component of your noise Ordinance. He said when the legislature tells you how to do something, that is the only way that you may do it, and the maximum Code Enforcement fine that you can impose is $500. He noted that they provided the Commission previously with a letter of objection citing the laws and would like to adopt the arguments in the law cited therein by reference and that it be included in the record of this proceeding. City Attorney Ottinot said that State law does not preclude the City from imposing greater penalties in what is prescribed in Chapter 162, State law indicates that the City may use any means to enforce its Code including increasing its penalties and possibly arresting a violator, and that he is recommending to adopt this Ordinance as is. Cliff Schulman, Esq., representing Milton and Associates, agreed with Jeffrey Bass, and incorporated his comments. He said this Ordinance deals only with penalties, what it doesn't deal with is perhaps the reason for the problem if it exists. He said the developers in this town want to be good neighbors, they don't want to have complaints or get cited, all they want to do is build a building. He said this Ordinance now states, the operation of any noise producing equipment cannot be operated except from 7:30 a.m. to 5:00 p.m. during a work day, and Saturdays, from 9:00 a.m. to 5:00 p.m. He said it doesn't work, every municipality in Miami- Dade County has a more liberal start time and end time then Sunny Isles Beach. He said there are things that go on at a construction site like foundation pours, that go on 12-16 hours and has to be a continuous pour. He said you can get permission from the City Manager or Building Official to do that but at least once a week if a developer is doing his job, he has to do a slab pour and you don't stop it at 5:00 p.m. or necessarily start it at 7:30 a.m. He said accordingly you are to get permission from the City Manager seven (7) days in advance with specific details, you have to send a mailed notice to everyone within 150-feet of your development by certified mail return receipt requested. He said that does not work, but it doesn't say that there can't be a reasonable compromise, and he suggested to workshop this. Mayor Edelcup suggested instead of doing a workshop he would, in the spirit of compromise, be willing to amend this to permit the start time at 7:00 a.m. and that they be able to work until 6:00 p.m., or perhaps the dusk rule may make more sense because in the winter months it gets dark earlier and light longer in the summer, or use daylight saving time period vs. standard time period, which could incorporate the extra hour. Commissioner Thaler said he felt the dusk rule was better because some of the Jewish holidays start at sundown. Commissioner Iglesias said he agreed. 11 Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida Vice Mayor Brezin asked what a pour is, and Gregory Warren ofTurnberry said that you need a 12-hour cycle which is an industry standard for a typical floor, once it is started you cannot stop it. She asked what hours that they are requesting and Mr. Warren said 7:00 a.m. to 7:00 p.m. Commissioner Iglesias asked how they would work in the dark during the winter months, and Mr. Warren said there would be lights and the men would be using trolling machines. Commissioner Iglesias said that during the winter months we don't want noise pollution to affect this City and he is concerned about trucks backing out with their beeping, and Mr. Warren said the trucks would be gone by then. Mayor Edelcup said to change the hours as he suggested, 7:00 a.m. to dusk, and to pass this Ordinance tonight with the understanding that staff will adjust the time from 7:00 a.m. to dusk. City Attorney Ottinot suggested it be changed to 7:00 a.m. to 6:00 p.m. so that there is no confusion about stop time, it should be a clear time for enforcement purposes. Assistant City Manager Vera said it could be established from certain month to certain month, and Mayor Edelcup said to pass this Ordinance and come back with another Ordinance that sets the time and the concept would be to give the developers that extra time they are asking for. Assistant City Manager Vera reiterated the following hours: Monday through Thursday, 7:00 a.m. to 6:30 p.m.; Friday, 7:00 a.m. to 5:00 p.m.; Saturday, begins at 9:00 a.m., Summer Time, Monday through Friday 7:00 a.m. to 7:00 p.m. City Attorney Ottinot said that staffwill come back at the next meeting with the amended Ordinance with the final times. Mayor Edelcup said that these fines will not be in effect until the time is established. Vice Mayor Brezin moved and Commissioner Iglesias seconded a motion to adopt the ordinance. Ordinance No. 2006-249 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Goodman ~ Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Brezin yes Mayor EdeIcup yes Mayor Edelcup asked that they take two items out of order, 10K and 12C to be heard next. Commissioner Iglesias moved and Vice Mayor Brezin seconded a motion to hear items 10K and 12C next. The motion was approved by a voice vote of 5-0 in favor. 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Entering into an Agreement with Stromberg for Automated Time and Attendance Software, Hardware, and Services, in the Amount of $24,SOO.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title and Finance Director Jean Watson reported. Assistant City Manager Vera noted that it will take 6-weeks to implement. Public Speakers: none 12 Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-883 was adopted by a voice vote of 5-0 in favor. lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Purchase of Two (2) New Community Shuttle Buses from Atlantic Bus Sales, in a Total Amount of $IS9,380.00, Piggy-Backing Broward County Mass Transit Contract Bid No. C8-04-173-FF; 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 Cultural and Human Services Director Susan Simpson reported that these two buses will replace No. 990S and 9906 that are outdated and have many mechanical problems and are out of service often. She said if we place an order tomorrow morning, they would be on the road by June l, 2006. Public Speakers: Bert Oliva, CEO, Altius, Inc. Mayor Edelcup said he would like staffto come back and talk to them about the color of the buses. Ms. Simpson said that the way it is now the base color is blue, so if we want to change that she cannot place the order until she knows what color it should be. Bert Oliva of Altius said that they have been working with the City for over five years, they are an advertising agency and one ofthe things that they have done is create a brand awareness, the concept of Sunny Isles Beach, A Life With a View, that is the first design which is more or less consistent with the one that we have been using. He stated that Design 2 is more of a evolution and he proposed that we do a workshop to show where they came from with the concept and to where they are evolving to, and then they do strategy to create the concept for the evolution to where the City will go. Mayor Edelcup said he thinks it would be a good idea to have a workshop within the next 30-days and he would leave it up to staff to schedule it. He said we could approve the resolution tonight subject to color. Ms. Simpson said that the contract actually says in the specifications that it does say to paint them blue and it states a cost, and Mayor Edelcup asked that the resolution is amended to reflect that the delivery date is June l, 2006, and that the color will be furnished within 30-days. Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution, as amended. Resolution No. 2006-884 was adopted by a voice vote of 5-0 in favor. lOCo A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Change Order No.1 to Agreement with SiUek Group, Inc., in the Amount of$l3,l66.67 for the Construction ofthe 181 st Drive Active Park; 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 this change order is for the testing of the piles which was not included in the original agreements. Public Speakers: none 13 Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida Commissioner Thaler moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2006-885 was adopted by a voice vote of 5-0 in favor. 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Signal Technology, Inc., for the Removal and Replacement of Sixteen (16) Pedestrian Signals on Collins Avenue, in the Amount of$16,368.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute the Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager Vera reported noting that the delivery date will be in 60-days. Public Speakers: none Commissioner Goodman moved and Vice Mayor Brezin seconded a motion to approve the resolution. Resolution No. 2006-886 was adopted by a voice vote of 5-0 in favor. 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Apply For and Accept a Miami-Dade County Metropolitan Planning Organization (MPO) Grant on Behalf of the City, in an Amount of$l Million, in Order to Construct a Pedestrian/Bicycle Greenway Connector Bridge between 172nd Street and 174th Street; Authorizing the City Manager to Take Any and All Action Necessary With Respect to the Obtaining and Distribution of Grant Monies, as Appropriate; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager Vera reported that this was passed previously and that we missed the grant by one point, and we are now resubmitting the grant. Public Speakers: none Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-887 was adopted by a voice vote of 5-0 in favor. 10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Relating to Lobbying the Florida Legislature to Amend the FWUA Legislation to Amend the Arbitrary Windstorm "Line" of East of U.S. 1 and East ofl-95 so as to Fairly Distribute Risk Throughout the State; Seeking Support from All Neighboring Communities with this Initiative; Providing for an Effective Date. Action: City Clerk Hines read the title and Mayor Edelcup reported. Public Speakers: none Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-888 was adopted by a voice vote of 5-0 in favor. 14 Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Providing for the City to Partner with the North Miami Beach Optimist Little League Baseball Program by Donating $2,000.00 to Their Operating Fund; Providing for 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. Public Speakers: none Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-889 was adopted by a voice vote of 5-0 in favor. 10H. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Correcting a Scrivener's Error in Resolution No. 03-Z-75 to Reflect the Correct Square Footage of Transfer of Development Rights for Real Property Located at 19505 Collins A venue, Commonly Known as the Regalia Condominium Project; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager Vera reported that the Site Plan clearly show the correct amount of 54,385 square feet of floor area. Public Speakers: Stanley Price, Esq.; Jeffrey Bass, Esq. Stanley Price, Esq., reported on the history of the application. He noted during the pendency of this application the Third District Court of Appeal decided the Omni Point case which left into doubt whether non use variances, special exceptions, etc., could be granted by a Zoning Board without further ascertainable standards, which put everything in a hold position here as well as Miami-Dade County. He said this building design was variance free, and the original recommendation for approval on the first application was copied over to the application, recommendation and it is contained within the ad which says the TDRs would be 38,847 square feet but the ad goes on to read plans are on file and may be examined in the Zoning Department entitled Regalia. He said the sole question before the Commission this evening is whether there was any intent by the applicant to mislead this Commission or to do anything that would be improper for the public to be fully informed as to what this application was. He stated that the Site Plan shows the correct amount of 54,385 square feet. He said he learned of the error approximately three (3) months later and in October 2003 he submitted a letter to Jorge Vera indicating that he believed that an error was made in the Resolution and specifically requested a revised Zoning Resolution consistent with the plans submitted and reviewed by the City's outside consultants, or in the alternative, re- notice a public hearing in order to rectifY inconsistency between the approved plans and the formal advertisement in the newspaper of general circulation. He noted that the Commission has the inherent right as a matter oflaw to correct clerical errors. Mr. Price noted a letter of objection of this application from John Shubin, Esq., of Law Offices of Shubin and Bass dated February 14, 2006. 15 Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida Jeffrey Bass, Esq., ofthe Law Firm of Shubin and Bass, representing Scott Schlesinger, said that the facts are these: the public notice of the Regalia Project said the transfer would be 38,000 square feet; the hearing transcript shows that Mr. Vera and this Council discussed and deliberated the transfer of38,000 square feet; Mr. Price was present, Mr. Sieger was present, Mr. Gene Sterns was present, and he was present, and we all heard 38,000 square feet, and there was no objection in the record of these proceedings. He said that they have filed litigation and in that litigation they allege that the applicant sought the transfer of 38,000 square feet, we alleged that in our complaint. He said this is the first time that 54,000 square feet was discussed. He said the question is was that 54,000 square feet adequately out there so the public would know how many square feet were being transferred, and the facts are no. He said that what the Commission is doing is not correcting a scrivener's error but are approving for the very first time a TDR that the Commission has never before approved. He said the Commission should start over and have a public hearing and send out the public notice that you are transferring 54,000 square feet. Mr. Price said that Mr. Bass' argument ignores the fact that the Plans that were approved that were referenced in the Resolution and in the ad, the Plans clearly show 54,000 square feet subject to the Transfer of Development Rights Ordinance. He said he has gone through every brief that has been filed in this case and not one statement is made as to whether it is 38,000 square feet, their argument to the Appellant Court is any FAR granted over 2.5 was in violation of the Comprehensive Plan and therefore is improper. He said that the courts have said that this Commission has the right to do bonuses, Transfer of Development Rights which is a tool used in most sophisticated jurisdictions to ensure that certain public amenities are made as a trade off for development rights to occur. Assistant City Manager Vera said that the FAR has always remained constant and what Stanley Price recalled was exactly what happened, it was due to the Omni Case, and the changes that happened never got transferred into the Resolution from the 54,000 and the Plans he has clearly show the 54,000, it just never got transferred, but the FAR has always remained the same, it has not changed. City Attorney Ottinot concurred with Stanley Price and he has reviewed the Resolution and the Site Plan and it is undisputed, there is a clerical error. He said the Site Plan has 54,000 plus and the Resolution has 38,000. He said that this body has inherent authority to correct clerical error and that is what we are doing tonight. He said that he wanted to make sure that the Site Plan that Assistant City Manager Vera referred to was part of the record here tonight. Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-890 was adopted by a voice vote of 5-0 in favor. 101. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Acceptance of the Appraised Land Value of $15 Million for the Property Generally Located at 19505 Collins Avenue Commonly Known as the Regalia Condominium Project; Providing for Payment in the Amount of $4,500,206.86 by the Applicant for the Transfer of Development Rights ("TDRs") in the Amount of54,385 Square Feet of Floor Area; Providing for 10% Deposit for TDRs; Providing for the Transfer of Certain Number of TDRs to the Applicant upon Receipt of Certain Payments; Providing for an Adjustment of 16 Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida the Balance ofTDRs from the City's Bank to Reflect the Sale of TORs to La Mansion, LLC., a Florida Limited Liability Company; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager Vera reported. Public Speakers: Stanley Price, Esq.; Jeffrey Bass, Esq. Stanley Price, Esq., on behalf of La Mansion, concurs with the staff report. He said they believe that the appraisal was in accordance with the standards of the Code and they are prepared to go forward with the necessary deposit required by the Ordinance. Jeffrey Bass, Esq., said he would like to incorporate his prior comments and extend their objections as previously raised into this and that they cannot accept this appraisal and execute these TDRs because the predicate approval was void because it was improperly noticed. Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-891 was adopted by a voice vote of 5-0 in favor. 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2005-757, Extending the Time Required for La Mansion, L.L.C. to Obtain a Building Permit Pursuant to Resolution No. 03-Z-75 in Accordance with Section 265-3B(6) of the Land Development Regulations; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager Vera reported. Public Speakers: Stanley Price, Esq.; Jeffrey Bass, Esq. Stanley Price, Esq., representing La Mansion, said that they have been engaged in mitigation since July 17, 2003, and they have received extensions prior to this time. He said the last time they were warned that they should go forward with this project, and they are prepared to do so, but because of this litigation which has prevented them from obtaining necessary financing to go forward with this project, that they be given until June 1,2007 to obtain the necessary approvals. Jeffrey Bass, Esq., said he would like to incorporate his prior comments and that they took the position that the underlining permit is void for the reasons expressed and therefore you cannot extend a void permit. Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-892 was adopted by a voice vote of 5-0 in favor. 10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Rafael Barrios for the Design, Construction, and Installation of a Sculpture Entitled "Contained Energy", at the Sunny Isles Beach Town Center Park, in 17 Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida the Amount of $160,000.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: (City Clerk's Note: Item taken out of order after 9F) City Clerk Hines read the title and Mayor Edelcup reported. Public Speakers: Rafael Barrios; Cassey Gabor; Henry Kay Artist Rafael Barrios reported and presented renderings/model of the sculpture to be placed in the Town Center Park. Commissioner Goodman asked how it would do in the salt air or weather, and Mr. Barrios said it can be built in fiberglass and carboline making it stronger, and the final paint has an element that will protect it from the ultraviolet rays. Mayor Edelcup asked how it would withstand the wind pressure and Mr. Barrios said it would stand better than any metal, it will have a core of carbon mesh and it will be a different thickness, and he has thought about having a contingence of quality to it that in moments of high winds this piece with a hinge, will be able to lie down and be tied to the ground. Vice Mayor Brezin asked what the height would be and Mr. Barrios said the sculpture would be 16-feet, and the mound is about three to four feet. He said it would have a concrete foundation that will carry an axle so that it can rotate and change position. He said it would take about three months to put up, and it would be illuminated with one light at night. Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-893 was adopted by a voice vote of3-2 (Vice Mayor Brezin and Commissioner Thaler against) in favor. 10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Reappointing Judge Robert Newman (Retired), Darcee Siegel, and Maurice Donsky as Special Masters, for a Period of One Year, in Accordance with Ordinance No. 2001-141; Providing for an Effective Date. Action: City Clerk Hines read the title and Interim City Manager Chief Fred Maas reported. Public Speakers: none Commissioner Goodman moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-894 was adopted by a voice vote of 5-0 in favor. 10M. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Fireflow Agreement between the City of Sunny Isles Beach and the City of North Miami Beach in the Amount of $27,520.50 to Comply with Miami-Dade County Developmental Condition Regulations for the Proposed Construction of Active Park; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms ofthe Agreement; Providing for an Effective Date. 18 Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida Action: City Clerk Hines read the title and Assistant City Manager Vera reported. Mayor EdeIcup noted that the cost is $27,520.50. Public Speakers: none Commissioner Goodman moved and Commissioner Thaler seconded a motion to approve the resolution, as amended (adding cost). Resolution No. 2006-895 was adopted by a voice vote of 5-0 in favor. ION. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Calvin Giordano & Associates, Inc. for Consulting Services related to Collins Avenue (S.R. AlA) Median Closure, in a Total Amount of$27,258.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager Vera reported noting that this is between 185th and the overpass to William Lehman Causeway. He said the part ofthe median that is being closed is at 18ih Street, so that there is no left turn into Golden Shores. He said also there is a little finger coming out at William Lehman Causeway where Commissioner Thaler suggested that something be done there because people are coming out of Ocean III and cutting across to get into the William Lehman Causeway access, and it has become a hazard. Public Speakers: none Vice Mayor Brezin moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-896 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS 11A. Add-On: Salary of Interim City Manager Police Chief Fred Maas. Action: Mayor Edelcup stated that this is the last Commission meeting for Police Chief Maas who has been acting as our Interim City Manager, and he thanked him for the tremendous job that he has done. He reminded the Commission that his salary was increased by 10% for the period that he would be the interim City Manager, and he would now like to recommend that it become his base salary for the remainder of this Fiscal Year, and Commissioner Goodman seconded the motion. The motion was approved by a voice vote of 5-0 in favor. Mayor Edelcup also thanked Assistant City Manager Vera for what he has been able to do and accomplish during this period of time. Interim City Manager Chief Maas said that in going back six months it was mentioned that it would require a team effort to accomplish things, and Vice Mayor Brezin had asked at the time if things would be sacrificed and he can tell you that they weren't and one ofthe reasons that they specifically were not was because 19 Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida the task at hand was facilitated by the tremendous effort that Jorge Vera stepped up to assist him on. He said they basically divided the responsibilities at hand and into several categories where capital improvement projects and development issues, Jorge handled, and related issues to employees and day-to-day operations he did and they were done in tandem. He said that they both sought the guidance of the City Attorney who helped them immeasurably, the only thing that they ran out of was hours in the day and days in the weeks at times. He said that it could not have been done without Jorge, and he certainly would assure that Jorge is recognized for that as well. Assistant City Manager Vera thanked him and added that he would also like to recognize all the directors because they have stepped up quite a lot, everybody has put forward an effort to help them out. 12. DISCUSSION ITEMS 12A. Discussion regarding Increase to Bonus Participation Unit. Action: Assistant City Manager Vera reported noting that the current cost is $35,000.00 per participation unit and that staff is recommending that it be increased to $50,000.00 in order to keep pace with the rising construction costs for capital improvements. Public Speakers: none Mayor Edelcup asked that staff bring an Ordinance to the next Commission meeting in order to make that change. Commissioner Thaler asked that it be reviewed again in less then three years, and Mayor Edelcup said that we can review it every year. Commissioner Thaler asked that the Ordinance state that it needs to be reviewed every year. 12B. Discussion pertaining to Bus Shelter Designs. Action: Cultural and Human Services Director Susan Simpson reported noting that she had handed out three new bus shelter designs labeled A, B, and C. She noted that they have all the qualities that the Commission asked for including a dome roof, size, three walls, and it will accommodate our bench. She is coming tonight to see what style the Commission prefers because the quotes that she has gotten so far with the solar lighting, ranges anywhere from $5,150.00 (Designs B and C) to $6,100.00 (Design A), and for as many as we want, we will need to go out to bid. Assistant City Manager Vera asked if this included installation and Ms. Simpson said no, and noted that she contacted a company and depending on what we are doing and what it all entails, gave her an estimate from $6,000.00 to $10,000.00 per shelter to install. Public Speakers: none Mayor Edelcup said if we can't get a reasonable bid for installation he recommends that staff hire sufficient personnel to do it through our Public Works Department. It was the consensus of the Commission to pick Design B with the solar lighting without the installation. Commissioner Goodman asked how many bus shelters are there and Ms. Simpson said that they will be replacing the existing ten shelters, and there are five to six for other locations, and then the future down the road, so there are 16 bus shelters for now and five (5) future shelters. Commissioner Goodman noted that our community buses stop at some locations where there is not a City bus. Ms. Simpson said that there are many other stops that will still 20 Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida have a bench they just won't have a shelter. Mayor Edelcup said to do this in phases and get the County bus shelters up first and then come back and visit the City ones. Assistant City Manager Vera said that we will have to go out to bid, and Ms. Simpson said correct, even with ten shelters, it would be $50,000.00 without installation. Commissioner Goodman moved and Vice Mayor Brezin seconded a motion to approve Bus Shelter Design B, and was approved by a voice vote of 5-0 in favor. 12C. Discussion regarding Use of Public Beach. Action: Assistant City Manager Vera reported that he distributed a memo concerning several requests to allow weddings and other engagements on the beach. He said the beach is classified as recreational/open space under the Comprehensive Master Plan, and the LDRs, which makes it a City Park. He said special events such as those are not permitted in a City Park, only those held by the City are permitted. He noted that staff has come up with a set of 18 standards for consideration by the Commission which includes: $10,000 non refundable application fee with or without a structure (a tent); submit an application 60-days in advance; event be in conjunction with private property; application has to be approved by all governmental agencies involved; events will be approved on first come first served basis; the City will approve only one event a month on that particular site; submit site plan with special event application; site plan must illustrate beach area left accessible for beach goers; site plan must illustrate required emergency response path of 10- feet; tent installation must comply with City requirements; maximum of three (3) days shall be given for set up, event and removal of structure; barriers should comply with City Code; applicant responsible for cleaning; extra fees will be charged if City does the cleaning or if there are any damages; no alcohol sales permitted; hours of event will be approved on a case by case basis; restrictions on music; and no events during Sea Turtle Season from May 1 to November 1. Commissioner Thaler asked if this would be allowed on weekends and Assistant City Manager Vera said yes, most all of the events occur on weekends. Public Speakers: Peter Weiner, representing Trump; Marianna Talslaevsky; Mercedes Cantrell City Attorney Ottinot said that this is a policy issue, and Mayor Edelcup said we can take a straw vote and give staff an idea of how the Commission feels. After discussion, it was the consensus of the Commission to deny this. 12D. Add-On: Discussion of an Appeal, Oceania III, 16485 Collins Avenue, regarding the Requirements of the Florida Existing Building Code as it Related to Window and Exterior Door Repair and Replacement. Action: Mayor Edelcup said that many people were concerned recently about Hurricane Wilma and the storm damage and window problems that existed within the City. He stated that today there was a meeting at Miami-Dade County in which our Building Officials were in attendance and hopefully a resolution was achieved that should make most everyone 21 Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida pleased that they can move on with their lives and get their windows repaired. He asked Clayton Parker, Building Official/Administrator to report. Building Official Parker reported that the Board of Rules and Appeals looked at the appeal by Oceania III today and through a memorandum from Michael L. Goolsby, RRC, Acting Deputy Director, Miami-Dade County, to Herminio Gonzalez, P.E., Director, Building Code Compliance Office (City Attorney Ottinot noted that the City Clerk had copies for the public), that they are looking at glass replacement as a repair, and it takes it into a direction that people can go back and put their glazing back in as it was prior to that. He said it does not require them to get shutters if they are over 30-feet, but Mayor Edelcup said that people should think about shutters anyway as an added precaution. Building Official Parker said it is not quite as clear as we would like it to be, one thing that they did not touch upon in the meeting is, if you go to the last page of the memo it talks about the final issue raised by the appellant involving exterior glass walls and combination guard walls which would be floor to ceiling glass or glass with a combination of two or more units that go from the floor to the ceiling, and they don't mention balcony railings with glass in them. He said that is still throwing it back to a level 2 alteration which means it has to come into full compliance with the Code even though they did give permission to do the repair and put back the glass that was existing. Building Official Parker said another thing that is mentioned here is that we have to certifY that the frame work is not damaged. He said if the frame work is damaged then we have to look at full involvement with the new Code, and it is going to be up to the Engineers to certifY that their framework is not damaged, and then he can give them permits to put the glass back as the Code it was built under but when it discusses glazing and hazardous locations it would be floor to ceiling glass, balcony glass, any glass where a person falling through that glass could cause them to fall more then 30-inches is a hazardous condition and so they still have to look at those issues. Public Speakers: none Commissioner Iglesias asked if he was going to require a Structural Engineer to sign off to make sure that the framework is okay, and Building Official Parker said yes. Commissioner Iglesias said he didn't think too many Engineers are going to sign off of framework unless they are going to comply with the Florida Code so it is going to be a little tough. Mayor Edelcup said that he thinks people realize that we are here to uphold the laws of the State of Florida and whatever this Committee that met today or Miami-Dade County or the State of Florida passes, we as Commissioners took a oath of office to uphold the laws of the State and County, and we also have to be mindful of the health and safety of the people and residents of our City, whatever the instructions or directions from those agencies above us give us that becomes our marching orders at this point. Commissioner Iglesias said he agreed but feels that we should put a strong emphasis that whatever was there should be placed back, and feels that the people know what they bought rather then force them to comply with new codes. Mayor Edelcup said it is out of our purview. Commissioner Iglesias said he feels we should put the pressure on Miami-Dade County not the Engineers, and Commissioner Goodman agreed with him. 22 Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida 12E. Add-On: Discussion regarding a Request from Sole Project to Close the Beach Access. Action: Assistant City Manager Vera reported that he has had a request from the Sole Project to close the beach access just north ofthe Florida Ocean Club. He said that they feel that since it is just a 5-foot access, people walking through there with the construction so close to the side that it is quite dangerous. He said they asked to close it for about 12- months. Commissioner Goodman said he has a problem with that, they can build a cover over it. He said people came to him that live in the 172nd Street area and that is their beach access. Commissioner Iglesias agreed with him. Commissioner Goodman said that he thinks we need to go to the developer and tell him to do something to keep that beach access open. UF. Add-On: Mayor Edelcup announced that there is a Florida Department of Transportation Corridor Transportation Planning Assessment meeting regarding traffic congestion at the 96th Street and Harding A venue intersection that will be taking place at the Bal Harbour Sheridan on February 22,2006 between 5:00 p.m. and 8:00 p.m., and the public is welcome. He said we along with four or five other cities are trying to work together to see if we can alleviate the traffic problems on the whole Collins A venue corridor, and so our participation in that is welcomed by the group. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. Add-On: Ron Singer, President of the Ocean II Board, said that they do not want to allow tents on the beach because the beach belongs to the public. He said currently the condominiums, from Ocean I down to the Oceania are all contributing about $400.00 on a monthly basis, each one on a separate contract, for the raking or blading of the beach. He said that he knows that the Miami-Dade County Parks Department does the beach erosion line which is approximately five-feet in from the waterline but it doesn't include the whole beach. He said he feels that we as a City, our beautification of the City is our beach, the beach belongs to all of the citizens, and he is asking for the City to consider either purchasing the equipment to do this on a daily basis and take that burden away from the condominiums, or possibly have the City subcontract it out from a reliable blading company. Mayor Edelcup said that is in conjunction with discussion that is going on whether or not the City should take on the County's function of maintaining the cleanliness of the beach. Commissioner Thaler said that he asked for this to be done about a year and half ago and what he was told was that we are not responsible for the beach, that the County is responsible and so it really goes back to what you had just said, we had been talking about whether the City become responsible for the beach, but we've gone through and until we take over the beach, it is not for us to do. Commissioner Goodman asked what part of the beach we are talking about and Mr. Singer said the public beach beyond the properties line. Mr. Singer said if you go to the beach in the morning until the afternoon you can see the difference of the one or two buildings that do not participate in the beach raking. 23 Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida Commissioner Goodman said that the Federal Government has renourished the beach three times since he has lived here and Miami-Dade County was in the forefront of helping us get the beach renourished. He said we gave them 1,000 parking spaces and he is concerned if we take over the beach and go to the Federal Government to renourish the beach, do we have enough power like Miami-Dade County has. Vice Mayor Brezin asked what they are discussing now is the area that Miami-Dade County is currently taking care of. Mr. Cantrell said no, it is a private company that charges each condominium to clean the public beach that belongs to Sunny Isles Beach, everybody uses it, why should the condominiums pay to clean the beach. Vice Mayor Brezin said that the portion that they are referring to and are paying is currently the responsibility of Miami-Dade County not Sunny Isles Beach, and what he is stating is that the service is not adequate and perhaps the action should be, not for us to take over, but to take the step and see to it that Miami-Dade County, who is responsible for that area, live up to what they are supposed to do. Commissioner Iglesias said just recently we passed a law that ifthere is a hurricane, prohibit people from swimming, and at that time he had asked if they had jurisdiction to do that, it is DERM and the Army Corp of Engineers, and when he asked the question you said yes, we are legal and binding, and he said that if we are passing a law, we are sticking our necks out and prohibiting people from swimming on something that really we don't maintain. He said we should look deep and find out maybe, not that we are going to accept responsibility for the beach or the erosion control ofthe refurbishing of the beach, but as an added service, just as we clean the streets, we can clean the beach as well. Commissioner Thaler said that Miami-Dade County does part of it and before we do that we should go to the County and find out why they are not doing the whole beach. Commissioner Iglesias said that is a good point and what we can do is go to the County and ask what it would cost for their maintenance person to do the whole beach and maybe we should look at it and provide the service, not that we are going to inherit the beach but we may be able to provide the service. Mayor Edelcup, on behalf of the Commission, instructed staff to meet with the County and report back to the Commission. 14. ADJOURNMENT Commissioner Goodman moved to adjourn the meeting, and Mayor Edelcup adjourned it at 11 :33 p.m. Respectfully submitted by: ~~'~i:,~ Jane 'A.lIines; CMC: Git)<G:lerk ,";' ~ !:: ~-,~ \ " {.., ~--- -.- :; ; '_J ".Q";"~:... ~"'r'-"-, '. .- ~ ~ . ! \ ~ .,. .~t Approved by the City Commission on March 16, 2006 ,4h / '. . . , "', I.. , , . '-~ .: r;'" /' ....;/ ~ ,..., '1"" ..' . - 24