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HomeMy WebLinkAbout2007 0517 Special City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, May 17,2007, 7:30 p.m. City of Sunny Isles Beach, Florida A TTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 7:31 p.m., with the following officials present: Mayor Norman S. Ede1cup Vice Mayor Lewis J. Thaler Commissioner Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias City Manager A. John Szerlag City Attorney Hans Ottinot City Clerk Jane A. Hines, CMC Assistant City Manager Jorge Vera Assistant City Attorney Fernando Amuchastegui 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Lynn Dannheisser, Esq. led the Pledge of Allegiance to the flag, and Richard C. Schulman gave an invocation. Mayor Edelcup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting -April 19, 2007. Action: Vice Mayor Thaler moved and Commissioner 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 -May 8, 2007. Action: Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. Summary Minutes: Regular City Commission Meeting May 17,2007 City of Sunny Isles Beach, Florida 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Amendments: 9B Ordinance title amended to reflect $25,000.00 $50,000.00; Add-Ons: 5B- Presentation of a Signed Book to Library; and 12C, Request of A ventura Marketing Council. Action: Mayor Edelcup noted the above changes. Commissioner Brezin moved and Commissioner Iglesias seconded a motion to approve the above changes to the agenda. The motion was approved by a voice vote of 5-0 in favor. 5. SPECIAL PRESENTATIONS SA. A Proclamation Proclaiming the Week of May 20-26, 2007 as "National Public Works Week in the City of Sunny Isles Beach". Action: Mayor Edelcup presented a Proclamation to City Engineer/Public Works Director Rick Conner proclaiming the week of May 20-26,2007 as "National Public Works Week in the City of Sunny Isles Beach". 5B. Add-On Item: Presentation of a Signed Book by Seth Bramson Entitled "From Sandbar to Sophistication: The Story of Sunny Isles Beach" to the Miami-Dade Public Library System, Library Manager Sky King. Action: Mayor Ede1cup announced that on Saturday, May 19, 2007 there will be a dedication of the new book "From Sandbar to Sophistication: The Story of Sunny Isles Beach", and he presented the first signed book by Seth Bramson to Sunny Isles Beach Branch Library Manager Sky King. 5C. Add-On Item: Presentation to Landscape Architect Kathy O'Leary Richards. Action: Mayor Edelcup said that the front entranceway was re-landscaped which, on behalf of the Commission, are very pleased with it and the work effort by Kathy O'Leary Richards who donated her time and effort to design the landscaping. Mayor Edelcup said he wanted to take this opportunity to personally thank her, and presented her with a dozen red roses. 6. ZONING - ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of Jerry's Famous Deli, Inc., Owner of the Property Located at 17150-17190 Collins Avenue, for the Following: (Hearing #Z2007-01) The Applicant is requesting a site plan modification of the previously approved condominium development under Resolution No. 06-Z-106 on December 14, 2006, to construct a IS-story condominium tower consisting of243 dwelling units to: 1. Increase the permitted commercial retail from 20,500 square feet to 38,463 square feet. 2. Reduce the permitted office space from 77,400 square feet to 44,689 square feet. 3. Change the mix of units from 243 tower condominium units to 222 tower condominium units and 21 townhome units to be located on the third and fourth floors where office 2 Summary Minutes: Regular City Commission Meeting May 17,2007 City of Sunny Isles Beach, Florida space was previously located. The total number of dwelling units remains at 243. 4. Modification of plans approved under Condition #2 of Resolution 06-Z-1 06 passed and adopted by the City Commission on December 14, 2006 reading as follows: From: Plans are on file and may be examined in the Planning and Zoning Department entitled "Epicure", prepared by Martin AD. Y abor & Assoc., Inc. Architects Planners Interior Design, consisting of 28 sheets dated stamped revised 11-16-06 and plans entitled "Sketch of Survey", consisting on 3 sheets prepared by Schwebke-Shiskin & Associates, Inc., dated stamped 11-04-06 and plans entitled "Pavement Marking Plan" "Preliminary Civil Engineering Design Plan", consisting of 4 sheets prepared by Robayna and Associates Inc. Engineers. Planners, Surveyors dated stamped revised 11-09-06, plans entitled "Planting Plan First Level Quadrant A" "Planting Plan First Level Quadrant B" "Planting Plan Fifth Level" "Planting Plan Amenities Level" "Planting Notes & Details" "Hardscape Plan First Level Quadrant A" "Hardscape Plan First Level Quadrant B", consisting of7 sheets prepared by Witkin Design Group Landscape Architecture and Planning dated stamped revised 11-10-06. To: Plans submitted for public hearing for "Jerry's Famous Deli, Inc." are on file in the Planning and Zoning Department entitled "Epicure", including cover sheet prepared by Martin A.D. Yabor & Assoc., Inc. Architects Planners Interior Design, consisting of 38 sheets dated stamped revised 03-15-07 entitled "Site Plan - Miami-Dade County Fire Department Approval" "Site Plan" "Site Plan Modified" "Underground Floor Plan" "First Floor Plan" " Second Floor Plan" "Third Floor Plan" "Third Floor Plan Modified" "Fourth Floor Plan" "Fourth Floor Plan Modified" "Fifth Floor Plan" "Fifth Floor Plan Modified" "Sixth Floor Plan" "Sixth Floor Plan Modified" "Seventh Floor Plan" " Seventh Floor Plan Modified" "Eight Floor Plan" "Eight Floor Plan Modified"" Ninth Floor Plan" "Ninth Floor Plan Modified" "Tenth Floor Plan" "Tenth Floor Plan Modified" "Eleventh Floor Plan" "Eleventh Floor Plan Modified" "Twelfth Floor Plan" "Twelfth Floor Plan Modified" "Thirteen Floor Plan" "Thirteen Floor Plan Modified" "Fourteen Floor Plan ""Fourteen Floor Plan Modified" "Amenities Floor Plan" "North Elevation" "East & West Elevation" "South Elevation" "Longitudinal Section" "Building Section" "Parking Details", plans entitled "Sketch of Survey", consisting of 3 sheets prepared by Schwebke- Shiskin & Associates, Inc., dated 11-04-05, plans entitled "Pavement Marking Plan" "Preliminary Civil Engineering Design Plan", consisting of 2 sheets prepared by Robayna and Associates Inc. Engineers. Planners, Surveyors dated stamped 01- 31-06, plans entitled "Planting Plan First Level Quadrant' A'" "Planting Plan First Level Quadrant 'B'" "Planting Plan Fifth Level" "Planting Plan Amenities Level" "Planting Notes & Details" "Hardscape Plan First Level Quadrant' A'" "Hardscape Plan First Level Quadrant 'B"', consisting of 7 sheets prepared by Witkin Design Group Landscape Architecture and Planning dated stamped 03 -0 1-06, and plans entitled "First Floor Plan-Photometric" "First Floor Plan-Photometric" "Amenities Floor Plan-Photometric", consisting of 3 sheets prepared by DesignOne Consulting Engineers dated 03-06-06. Protests 0 Waivers 0 Ex Parte ~ 3 Summary Minutes: Regular City Commission Meeting May 17,2007 City of Sunny Isles Beach, Florida Action: Mayor Edelcup gave opening remarks on zoning procedures/decorum and City Clerk Hines read a disclaimer for the Zoning hearing, and administered the oath to the witnesses for the Zoning hearing. Public Speakers: Lynn Dannheisser, Esq.; Martin A. Diaz Yabor, Architect; Bob Welsh; Marianna Talalaevsky Lynn Dannheisser, Esq., representing the applicant, reported noting that this property is located at 17150-17190 Collins A venue, where the Rascal House currently sits, and that the owners have filed for a minor modification for uses that were previously approved. She said this is a IS-story mixed-use project featuring retail on the first two floors, office space on the second two floors, and a condominium tower of 243 units. She said within a month of this approval, the Starkmans [owners] were advised by their marketing and feasibility people that they would need to adjust the square footage internally so that retail will be increased, which originally was 20,500 square feet, they are requesting an increase to 38,463 square feet; the office square footage must decrease to go with the marketplace, from 77,400 square feet to 44,689 square feet; the number of residential units will remain the same except the applicant is going to reduce the units to 222 apartments and going to add to the mix 21 tower townhome units. She said the accompanying parking spaces will be the same in number, 746, but the allocations will be a little bit different because the Code requirements changed, 383 spaces that remain constant; all of the floor plates remains the same square footage, this is merely an internal shift. Martin A. D. Yabor, Architect, presented renderings ofthe project including a board with the color pallets, materials, glass, etc. He noted that everything happens internally, there is very minor variation to the exterior at the townhome level, some of the wing walls changed to accommodate the terraces. He said retail space is less intensive then office, hence, you are going to gain parking, and by gaining parking, you gain parking internally because it didn't change, none ofthe plates changed from the 746, they still remain with 746, and they added six (6) additional handicapped spaces that were requested before. For the record Ms. Dannheisser asked Mr. Yabor the following: Under this modification does the lot coverage, setbacks, height limitations, density or intensity calculations set forth in the site plan that was originally approved changed in any way? Answer: no; The requested change does not require a variance and in fact meets the requirements of the Code? Answer: the requested change would not require a variance and it meets the requirements; There is no change in the location, size and general site compatibility of the building, lighting or signs? Answer: No; There is no increase in the average daily number oftrips if anything there would be an increase with the change? Answer: there would be a decrease with the change. Does the internal square footage change or alter the location points of ingress or egress or vehicular or pedestrian patterns? Answer: no; Did the changes in any way decrease the value of or substantially change the character of location of any of the improvements or amenities? Answer: no; In this application, are there any changes to the landscape material or the planting size, everything remains the same? Answer: yes, except now we have the actual patterns and pavers that will connect to the streetscape; Except for the internal shift in the allocation of square footage to retail and office, everything else that was originally approved was the same? Answer: yes. 4 Summary Minutes: Regular City Commission Meeting May 17,2007 City of Sunny Isles Beach, Florida Mayor Edelcup said another way of saying this is you changed the office square footage by approximately 33,000 downward, and increased the retail by approximately 18,000 upward and the other 15,000 remaining from the 33,000 is added to the space that would be in the new townhomes or the apartments, is that correct? Ms. Dannheisser said that was correct, and Mayor Edelcup said the bottom line is we are just switching around the 33,000 square feet. Vice Mayor Thaler thanked Ms. Dannheisser for bringing in the color pattern and for the additional six (6) handicapped parking spaces, but there was one thing not alluded to, the Commission had asked for more foliage at the front entrance. Mr. Yabor said that they are working diligently with their Landscape Architect and the City's Landscape Architect to establish the corridor, foliage and patterns that the City is currently using, to accommodate all this criteria in the landscape plans. City Attorney Ottinot said for the record that there is a condition in the previous resolution for the landscaping. Commissioner Goodman asked how they are arranging the upper part of the building to take away those units, are they making the units larger and does it affect the parking? Mr. Yabor said that they increased the square footage of the units in order to accommodate the subtraction of the units that were moved to the townhomes, so the units are larger, it does not affect the parking. Commissioner Brezin asked what is the square footage of the townhomes, and Mr. Yabor said they vary between 1,900 square feet to about 2,200 - 2,300 square feet. He said the top two floors have four-bedroom units which are very large as they are the premium units facing the Ocean and Collins Avenue with the north, south and east view, and below that are two and one bedrooms that can be connected making them larger. Commissioner Iglesias said the bottom line is that the height, the width, the footprint of the building, and the number of units remains the same. Mayor Edelcup said that we are in the process of putting WiFi throughout the City, and for each of the new buildings going before the City, we would like to have a very small easement to put the WiFi tower on the building, and to make that a condition of the approval if that is satisfactory. Ms. Dannheisser said that she anticipated this and had asked her client, and they had graciously agreed. Commissioner Brezin moved and Vice Mayor Thaler seconded a motion for approval as amended with the two additional conditions, the easement and the six (6) additional handicapped parking spaces, subject to staff conditions. Resolution No. 06-Z-109 was approved by a roll call vote of 5-0 in favor. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Thaler yes Mayor Edelcup ~ Mayor Edelcup also noted, on behalf of a lot of residents of the City who enjoy the name Rascal House and the restaurant, the Commission would urge the owners to consider keeping that historic place in some fashion in their new building. 5 Summary Minutes: Regular City Commission Meeting May 17,2007 City of Sunny Isles Beach, Florida 7. ORDINANCES FOR FIRST READING 7 A. Public Hearing: Sitting in as the Local Planning Agency and the City Commission, to Consider an Ordinance Amending the Land Development Regulations (LDRs) Presentation by Bell David Planning Group regarding Amendments to the Comprehensive Plan Evaluation and Appraisal Report (EAR). 7 AI. A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida, Approving the City of Sunny Isles Beach EAR-Based Textural Amendments to the City of Sunny Isles Beach's Comprehensive Master Plan and in Particular, Amendments to the Future Land Use Element, Transportation Element, Intergovernmental Coordination Element, Affordable Housing Element, Recreation and Open Space Element, Capital Improvements Element, Coastal Management Element, Infrastructure Element, Community Design Element, and a Mission Statement Encompassing the Vision for the City, Attached Hereto as Exhibit "A", and the Required Transmittal to the State Department of Community Affairs Pursuant to the State Department of Community Affairs Pursuant to Chapter 163.3191 of the Florida Statutes; Providing for an Effective Date. Action: Clerk Hines read the title and City Manager Szerlag reported noting the Workshop that was held on April 19, 2007, and asked Alex David to explain the amendments to the Comprehensive Plan Evaluation and Appraisal Report (EAR). Mr. David recapped the amendments, and explained that tonight we are asking upon first reading for authorization to transmit these up to the State of Florida for review. He said that the State will review them and they will come back to us with an Objections Recommendations and Comments Report, and based on that report we will make some changes to address any comments that they might have and then bring it back to the Commission for adoption. He noted that there was a sign-in sheet in the back so anybody from the public who are interested in more information on the process can sign it. Public Speakers: None Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. LP A Resolution No. 2007-45 was adopted by a voice vote of 5-0 in favor. 7A2. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Adopting EAR-Based Textural Amendments to the City of Sunny Isles Beach's Comprehensive Master Plan and in Particular, Amendments to the Future Land Use Element, Transportation Element, Intergovernmental Coordination Element, Affordable Housing Element, Recreation and Open Space Element, Capital Improvements Element, Coastal Management Element, Infrastructure Element, Community Design Element, and a Mission Statement Encompassing the Vision for the City; Approving the Transmittal of the Report to the Department of Community Affairs in Accordance with Section 163.3191, Florida Statutes; 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 Manager Szerlag reported. Bell David Planning Group did a presentation on the amendments to the Comprehensive Plan Evaluation and Appraisal Report (EAR). 6 Summary Minutes: Regular City Commission Meeting May 17,2007 City of Sunny Isles Beach, Florida Public Speakers: Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin Commissioner Goodman Commissioner Iglesias Vice Mayor Thaler Mayor Edelcup yes yes ~ yes ~ 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 193 of the Sunny Isles Beach Code of Ordinances Entitled "Noise" by Establishing Regulations Relating to Various Types of Noise; Providing for Repeal, Severability, Codification and an Effective Date. (First Reading 3/15/07 - Deferred from 4/19/07) (Deferred to June 21, 2007) Action: Mayor Edelcup noted that this item has been deferred and asked City Manager Szerlag for an update. City Manager Szerlag said we delayed this item to give staff more time to do a sound analysis at the property line, the area between Ocean IV, and Florida Ocean. He said by the time the conditions were right there was not enough time to analyze the data sufficiently, and so we are asking for a postponement for one month. He said there was also an indication that he and Legal could come up with a better operational definition of continuous noise. Public Speakers: none 9B. An Ordinance of the City Commission ofthe City of Sunny Isles Beach, Florida, Relating to Ad Valorem Taxation; Providing for an Additional Homestead Exemption of up to $25.000.00 $50,000.00 for Qualifying Senior Citizens as Enacted by House Bill 333; Providing for the Additional Homestead Exemption to be Applied to Millage Rates Levied by the City; Providing Requirement of Annual Application and Submission of Supporting Documentation; Providing for Waiver of Exemption; Providing for an Annual Increase in the Income Limitation; Providing for Transmittal to the Property Appraiser; Providing for Severability; Providing for Repeal of Conflicting Provisions; Providing for Inclusion in the Code; and Providing for an Effective Date. (First Reading 5/8/07) 7 Summary Minutes: Regular City Commission Meeting May 17,2007 City of Sunny Isles Beach, Florida Action: [City Clerk's Note: An amended Ordinance was distributed prior to the meeting.} City Clerk Hines read the title and Mayor Edelcup reported noting that the ordinance must be delivered to the County Property Appraiser's Office by June 1, 2007 to be effective for this year. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to adopt the ordinance, as amended. Ordinance No. 2007-283 was adopted by a roll call vote of5-0 in favor. Vote: Commissioner Brezin Commissioner Goodman Commissioner Iglesias Vice Mayor Thaler Mayor Edelcup yes yes yes yes yes 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Uniform Sign Plan Submitted by Arie Properties, Inc., for the Plaza Located at 16050 Collins Avenue, Suites 16048 and 16050, Attached Hereto as Exhibit "A"; Providing the City Manager with the Authority 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 Community Development Director Robert Solera reported. Vice Mayor Thaler asked if there were any more properties, and Community Development Director Robert Solera said no this is the last one. Public Speakers: none Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1096 was adopted by a voice vote of 5-0 in favor. Mayor Edelcup asked to hear lOG out of order which is the awarding ofthe bid on the Sunny Isles Boulevard Project, and the Commission agreed. lOB. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing the Purchase of Twelve (12) Bus Shelters and Internal Lights from Tolar Manufacturing Company, Pursuant to City of Coral Springs Agreement #05-B-136M, in Amount Not to Exceed $85,000.00, as Quoted and Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Szerlag noted that there is a location map attached. Public Speakers: none 8 Summary Minutes: Regular City Commission Meeting May 17,2007 City of Sunny Isles Beach, Florida Mayor Edelcup asked about moving the location of the bench on l58th Street to the other side, and City Manager Szerlag said that it has been taken care of. Mayor Edelcup asked how many easements have we gotten so far on Collins A venue, that is holding up the delivery and placement. Assistant City Manager Jorge Vera said that we have all the surveys on Collins A venue as far as easements, now we have to deal with the largest property owner up and down Collins A venue. City Attorney Ottinot said that the easement agreement needs the survey, and it is part of the condition of approval. Mr. Vera said we can start putting them in some places where we have bus stops. Mayor Edelcup said he doesn't want to wait until we get all the easements, let's put the bus benches and shelters there as quickly as we get the easement, and City Manager Szerlag said that we would do that. Commissioner Goodman said in some of the bus shelters there are only two seats, in some areas if you could put the bench and the garbage pail next to the bus shelter it would be more convenient for people to sit and wait, and City Manager Szerlag said if you don't mind a bench without a shelter, he can do that. Vice Mayor Thaler asked what the final total of bus shelters that we will need, we have now ordered 36. City Engineer/Public Works Director Rick Conner said their recommendation puts it around 40, depending on how close some of them end up being together, but we want to take them in stages. He said next month we are asking for more benches and trash receptacles, and are moving forward with the larger units, the smaller units have already been placed. Vice Mayor Thaler asked how long will it take us to get the ones already ordered, when will those 36 be put in? City Manager Szerlag said we will be done by the end of the summer. Commissioner Iglesias moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2007-1097 was adopted by a voice vote of 5-0 in favor. toe. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Budget Amendment to the Fiscal Year 2006/2007 Budget, in the Amount of$11,447.00 for the Purpose of Funding Scholarships for the City's Summer Camp Program; 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 Cultural and Human Services Director Susan Simpson reported. Public Speakers: none Mayor Edelcup asked if all 33 children qualify for this assistance, and Ms. Simpson said yes, some for 100% and some for 50%, and noted that this is in addition to the $5,000.00 that the Sunflower Society already gave us. Vice Mayor Thaler said the City has decided to fund the difference that we were not able to raise in the public domain. Mayor Edelcup said that this is limited to Sunny Isles Beach residents, and Ms. Simpson said that is correct. Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1098 was adopted by a voice vote of 5-0 in favor. 9 Summary Minutes: Regular City Commission Meeting May 17,2007 City of Sunny Isles Beach, Florida 10D. International Business Machines (IBM). 10D.1 A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with International Business Machines (IBM), in an Amount Not to Exceed $76,640.00, for the Preparation of RFP Requirements for Construction of a Wireless Island, 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/Finance Doug Haag reported. Public Speakers: none Mayor Edelcup noted on page 132 of the agenda, the schedule of projected numbers going out and he sees for fiscal years 09/10 10/11 $135,000 to $200,000, is that the ongoing operation and maintenance costs, and not capital expenditures? City Manager Szerlag said it was his understanding that the total expenditure costs was essentially capital. Mr. Haag said at the top of the page the first line going left to right are the capital costs, and a couple of lines below that is OM cost. Commissioner Goodman asked about the equipment going on top ofthe buildings, Winston Towers asked questions and he needs more information on what is involved. Mayor Edelcup said that the Commission should not handle that, that would be something that staff would handle. Information Technology Director Derrick Arias said that they are getting those questions from multiple parties. City Manager Szerlag said that he did speak to Commissioner Goodman about the possibility of him talking to some of his colleagues at Winston Towers to get a sense of it, and he would rescind that and have staff address it. Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1099 was adopted by a voice vote of 5-0 in favor. 10D.2 A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Budget Amendment to the Fiscal Year 2006-2007 Budget, in the Amount of$80,000.00, for the Purpose of Funding the Preparation of RFP Requirements for Construction of a Wireless Island; 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/Finance Douglas Haag reported. Public Speakers: none Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1100 was adopted by a voice vote of 5-0 in favor. 10 Summary Minutes: Regular City Commission Meeting May 17,2007 City of Sunny Isles Beach, Florida 10E. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing the City Manager to Execute a Memorandum of Agreement from the Florida Department of Transportation (FDOT), Attached Hereto as Exhibit "A", for the Continuing Maintenance and Landscaping of SR-AIA (Collins Avenue) and SR-826 (Sunny Isles Boulevard); Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Szerlag reported. Public Speakers: none Mayor Edelcup said he feels insulted that FDOT would tell the City that we can maintain the median on Collins Avenue for $7,000.00 a year, and wants to write a letter to FDOT criticizing them for the manner in which they treat cities to maintain the medians, fortunately our City has enough revenue to maintain it more properly than $7,000.00 would buy. He said FDOT is taking advantage of municipalities who don't file an objection and rather than throw the money back to them, he will vote to accept it under protest, we are not getting a fair amount of money for what we are undertaking or for what they even expected us to do with our money. Commissioner Iglesias said he would have to refrain. He said FDOT is not in the grass cutting business. Vice Mayor Thaler moved a motion to approve the resolution. Resolution No. 2007-1101 was adopted by a voice vote of 4-0-1 (Commissioner Iglesias abstained) in favor. 10F. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Approving a Settlement Agreement between the City and Marina Bay Club Association, Ltd, ("Marina Bay"), to Settle All Disputes Relating to Five Percent (5%) Occupancy Restriction Rule for the Marina Bay Condominium-Hotel for a Total Lump Sum of $225,000.00 and a Commitment to Comply with the City's Occupancy Restriction Rule, Subject to Certain Conditions; Authorizing the City Attorney and the City Manager to Do All Things Necessary to Effectuate the Terms of this Agreement; and Providing for an Effective Date. Action: City Clerk Hines read the title and City Attorney Ottinot reported, and noted that he has two checks, one for $200,000.00 which will go towards the City's Art in Public Places program, and $25,000.00 which will go to the new school/non-profit committee, and he presented it to Bob Welsh. Public Speakers: none Commissioner Iglesias said that these guys did sell an apartment as an office which they should have come to the City for approval first, and as far as the 5%, he takes his hat off to Code Enforcement, and to keep at it. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2007-1102 was adopted by a voice vote of 5-0 in favor. 11 Summary Minutes: Regular City Commission Meeting May 17,2007 City of Sunny Isles Beach, Florida lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding Bid No. 07-03-02 to and Entering into an Agreement with Williams Paving Asphalt Company, Inc., for the State Road 826/Sunny Isles Boulevard Project, in an Amount Not to Exceed $2,863,958.70, Attached Hereto as Exhibit "A", Based on the Pricing, Terms, and Conditions Listed in the Bid Response, Attached Hereto as Exhibit "B"; 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: Heard after lOA] City Clerk Hines read the title and City Engineer/Public Works Director Rick Conner reported noting that this is a solid bid and are pleased with the figure being it is close to our estimate. He said there is a project adjacent to this that we want to, as a community, see prosper so he has spoken to the contractor and told him that he needs to be aware of that and that the City would be the coordinators to help work the projects together. Public Speakers: Joe Milton Commissioner Iglesias said utility coordination is very important in this project and he is sure that the contractor is aware ofthat, also, the fact that what we are going to do here is adjacent to what is going on, on the south side of Sunny Isles Boulevard, we want to make sure the majority of the work is done before we do the landscaping/pavers. City Manager Szerlag said that he has asked Mr. Conner to solicit quotations for construction engineering inspection services for this job that will help coordinate the work between what is actually being performed on site and the adjacent development. Commissioner Goodman asked how long this job will take. Mr. Conner said 340 days. Commissioner Goodman asked if this is going to affect the traffic adversely, and Mr. Conner said that they are concerned about that and that is one of the things that they will watch quite closely. He said the two issues they are concerned about are the coordination of the construction that will be going on in that immediate area, and the traffic flow going east. Joe Milton said he is the only owner on the south side affected by this construction and he has two concerns: timing and coordination. He said he has a schedule from the general contractor, and the CO dates for the first three (3) towers that are on that street right now, which are less than 50% of the development that he owns on the south side, the first tower will CO approximately July 2008, the next one is December 2008, and the last one is March 2009. He said there will be construction, concrete being poured, towards the end of late summer of 2008, and to believe that you can put out landscaping in a year is impossible, it won't live. He said timing is a major concern, the longer you are out there the more cost you are going to absorb in remobilizing, and carrying the material costs. He said the second item is coordination, they have built out there approximately 700-feet of water main for North Miami Beach, and they found gas lines, sewer lines, North Miami Beach water lines, that they did not know about. He said this takes a lot of coordination with the utility companies and the owners, and who pays what, and that is going to be an issue. He said besides hiring an engineering company you need a point person from the City assigned to this job as this is a very complicated job. 12 Summary Minutes: Regular City Commission Meeting May 17,2007 City of Sunny Isles Beach, Florida Mayor Edelcup said that Mr. Milton made some valid points and he asked Mr. Conner on his take of those comments. Mr. Conner said there as several aspects to the job and it will be complex and that is why staff is very seriously dedicated to this project. He said we can coordinate the efforts to make sure that when we are doing damage it coordinates when damage is being done by others, and when we are making repairs and improving things, they are making repairs and improving things. He said we need to get started on the street portion because we are going to lose funding and it will have to be done, and it won't necessarily be impacted by the construction, so that would be our approach. Mayor Edelcup said one of the reasons why we were moving rapidly on this project was that the funding is available now, and he thinks that Mr. Milton needs to be reassured that, even if we are hiring a third party to oversee the project, that that party will still be reporting to Mr. Conner, and that he is the point person referred to by Mr. Milton that ifthere is coordination problems that need to be resolved, that he can come to Mr. Conner with those. Mr. Conner said that he had spoken to the City Manager about this today and their thoughts were to free him up from the details to be able to respond quickly and to answer questions and to coordinate all the efforts. Mayor Edelcup said that Milton Associates have been building in our City at least ten (10) years now and working with the City to try to make life easier on both sides, and that type of cooperation will continue with Mr. Conner on board. City Manager Szerlag said that we have the same objectives that Mr. Milton has, we want to have an excellent product from the private sector and the public sector, and the final analysis is that we are a small organization, and Mr. Milton can call him, Mr. Conner, or Mr. Vera at any time on any issue. Vice Mayor Thaler asked in reference to additional costs for additional time, if this project takes 400+ days, will this number go up? Mr. Conner said yes but we do have contingency funds in the amount but it might exceed those. He said there are several issues, we will lose funding if we don't move forward, and it is considerable funding, so his comment would be an objective assessment of the situation is you will be money ahead to award the contract, and take the additional funding that is available because you will never come anywhere near spending that much money in the extension of time to coordinate the projects, even ifit lasts an extra 8-months. He said one of the items in the contract states that tomorrow they will erect a sign on site and bill the City so that we can get into the system on the funding and guarantee that funding, we are down to the deadline. Commissioner Iglesias said that he (FDOT) needs an invoice before June 30, 2007. He said this has been going on before we became a City, we got $3 Million from FDOT, during the gaming process, we got $2 Million for this current year, the fiscal year for FDOT goes from July 1 s\ and $1 Million Dollars, since we delayed this, has already been cast aside, not that we lost it, it has gone to previous years. He said utility coordination is very important, when we [FDOT] did Sunny Isles Boulevard in 1985, for the landscaping issue. He said we may want to contact FDOT and during the funding issue we can take the $2 Million Dollars right now, do the roadway work which is the utility relocation, the actual street itself the hard core construction, the concrete and perhaps take that million bucks and put it to the year 2008/2009 which is July of next year for the landscaping. Make sure we don't lose the funding, because we have it programmed and once they start billing it is the future years. He 13 Summary Minutes: Regular City Commission Meeting May 17,2007 City of Sunny Isles Beach, Florida said to get with Mr. Johnson from FDOT to work with staff on that, get those funds allocated because stopping and going would be a lot cheaper than extending the contract. Mr. Milton asked when the meetings would be held and City Manager Szerlag said weekly, and Mr. Milton said it is critical to have the first meeting and start coordinating it. Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No. 2007-1103 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Discussion regarding the SIB TV Programming and General Policy Guidelines for Government Access Channel. Action: City Manager Szerlag reported noting if the Commission agrees with the presentation then he will place a resolution on the June 21, 2007 Commission meeting agenda approving the Policy Guidelines. Administrative Services Director Alyce Hanson reported that the guidelines layout the fact that the City has the authority through the franchise agreement with the Cable Company to operate this channel. She said it is for the purpose of informing the public of what is happening in local government, and noted that it does not allow us to advertise. Mayor Edelcup said it does not allow us to advertise rates or try to promote any particular business from soliciting for themselves business, but it doesn't prohibit us from advertising the fact that there are hotels or restaurants and we can name them, that needs to be clarified, but we can't have promotional literature that says please use these. Ms. Hanson noted that the next item, the promotional video does show the hotels and restaurants in the City. Mayor Edelcup said under prohibited programming, the material that provides or teaches a particular religious viewpoint, that doesn't prohibit us from advertising the fact that there are houses of worship in the City and what their hours are, as well as other businesses, and City Attorney Ottinot said that is correct. Commissioner Goodman asked about having Commission meetings live, and Mayor Edelcup said no, not at this point, we have always said we would do it delayed broadcast. Vice Mayor Thaler asked if we have the ability to do live other then the Commission meetings, and Ms. Hanson said that we do not have the capability of doing live TV from remote locations. 12B. Discussion/Presentation of a DVD Promoting the City of Sunny Isles Beach. Action: City Manager Szerlag said that he wanted the public to take a look at the promotional DVD that was put together and that Ms. Hanson did a great job in that regard as well as Ibis Romero. Ms. Hanson presented the DVD promoting the City. 14 Summary Minutes: Regular City Commission Meeting May 17,2007 City of Sunny Isles Beach, Florida 12C. Add-On Item: Discussion regarding Sponsorship of the Aventura Marketing Council June 19,2007 Meeting. Action: Mayor Edelcup said he received a call from Elaine Adler today asking if the City would sponsor the June 19, 2007 Aventura Marketing Council breakfast meeting that is going to be held here at the Newport, where Seth Bramson will be discussing "From Sandbar to Sophistication: The Story of Sunny Isles Beach", and it is right after our loth Anniversary event. He said the cost of sponsoring it is approximately between $4,000.00 and $5,000.00. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve a resolution. Resolution No. 2007-1104 was adopted by a voice vote of 5-0 in favor. 12D. Add-On Item: Introduction of New Principal of the Sunny Isles Beach K-8 School. Action: Mayor Edelcup introduced Dr. Annette Weissman, currently the Principal of the Ojus School, who will be our Principal for our new school here in Sunny Isles Beach. Dr. Weissman said she is very proud to have been selected the founding Principal for the new K- 8 Center here in Sunny Isles Beach. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. Tony LoCastro said he was at a meeting on Monday of the Education/School Advisory Committee, and at the end of the meeting some of them expressed a concern that the Marion Towers air conditioning was making a lot of noise for a couple of weeks now. He said people were complaining to Marion Towers and nothing was done, they were saying they weren't going to fix it. He said that City Manager Szerlag was there and asked what the problem was. The next day Bob Welsh met with Robert Solera. He said the City told Marion Towers that they cannot run the air conditioner with the noise it was making, and the next day there were trucks repairing it. He said it has now been taken care of because of you gentleman and he wanted to say thank you very much, that is a City at work. 14. ADJOURNMENT Mayor Edelcup adjourned the meeting at 9:21 p.m. Respectfully submitted by: \...._~ ~~A':."~ :"~'r'. . . l' . Jane A. Binc:~; CM~ City Clerk .. ..... ''go ~ , . -" , \ \ . f'" " , -, '~--......- ..~ l ":\ . . -:. '" '. .. . -4 " " ." ~, . , ( . ~ J';"""~ 'i t , \_ _ J .. .,. .', 15