HomeMy WebLinkAbout2009-0716 Regular City Commission MeetingSUMMARY MINUTES
Regular City Commission Meeting
Thursday, July 16, 2009, 6:30 p.m.
City of Sunny Isles Beach, Florida
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AGENDA
1. CALL TO ORDER / ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Edelcup at 6:30 p.m. with the following officials
present:
Mayor Norman S. Edelcup City Manager Rick Conner
Vice Mayor Lewis J. Thaler City Attorney Hans Ottinot
Comm. Roslyn Brezin City Clerk Jane A. Hines, CMC
Commissioner Gerry Goodman Assistant City Manager /Services Jorge Vera
Commissioner George "Bud" Scholl Assistant City Attorney Fernando Amuchastegui
2. PLEDGE OF ALLEGIANCE / INVOCATION
Action: Commissioner Goodman led the Pledge of Allegiance to the flag, and City Historian
Richard C. Schulman gave the invocation.
Mayor Edelcup gave opening remarks of decorum.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting —June 18, 2009.
Action: Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve
the above- mentioned Summary Minutes. The motion was approved by a voice vote of 5-
0 in favor.
4. ORDER OF BUSINESS ( Additions /Deletions /Amendments)
4A. Request to Hear Items. Add -On Items: Item 10K. Agreement with R.K Associates for
Purchase and Sale of Real Property Located at 151 Sunny Isles Boulevard, Item 10L. Second
Amendment to Agreement with Vanguard Car Rental, and Item 10M. Agreement with
GraphPlex for Street Signage.
Action: Mayor Edelcup noted the above changes to the agenda.
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
above changes to the agenda. The motion was approved by a voice vote of 5 -0 in favor.
Summary Minutes: Regular City Commission Meeting July 16, 2009 City of Sunny Isles Beach, Florida
5. SPECIAL PRESENTATIONS
5A. Certificates of Acknowledgement to be presented to Daniel Morales and Kefhira Pintos,
residents of the City, who are members of the Global Pioneers from North Miami Senior
High School whose team won the 2009 Youth Competition, an academic competition
sponsored by UNICEF, who will represent the United States at the J8 Summit taking place
July 8 -10, 2009, in Italy.
Action: Mayor Edelcup and the Commission congratulated Daniel Morales and Kefhira
Pintos and presented them with Certificates of Acknowledgement.
6. ZONING: ZONING HEARINGS ARE QUASI - JUDICIAL PUBLIC HEARINGS.
None
7. ORDINANCES FOR FIRST READING
7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Chapter 161 of the City Code Entitled "Flood Damage Prevention" to Incorporate
Additional Requirements of Paragraph 60.3 (e) of the NFIP Regulations; Adopting the Flood
Insurance Rate Map (FIRM) and the Flood Insurance Study (FIS) Report for the City of
Sunny Isles Beach; Providing for Severability, Providing for Repealer; Providing for
Inclusion in the Code and an Effective Date.
Action: City Clerk Hines read the title, and Building Department Manager Paola Villa
reported and noted that the deadline for submission is September 11, 2009.
Public Speakers: none
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the
proposed ordinance on first reading. The motion was approved by a roll call vote of 5 -0
in favor. Second reading, public hearing will be held on Thursday, September 10, 2009,
at 6:30 p.m.
Vote: Commissioner Brezin�es
Commissioner Goodman yes
Commissioner Scholl yes
Vice Mayor Thaler yes
Mayor Edelcup yes
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
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Summary Minutes: Regular City Commission Meeting July 16, 2009 City of Sunny Isles Beach, Florida
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.1 A Resolution of the Local Planning Agency of the City of Sumly Isles Beach, Florida,
Recommending to the City Commission of Sunny Isles Beach, the Ordinance Amending the
City's Adopted Comprehensive Plan to Provide for the State Mandated Requirements
for a Ten -Year Water Supply Facilities Work Plan, by Amending the Infrastructure
Element and by Creating Water Supply Facilities Work Plan Sub - Element, Attached Hereto
as Exhibit "A ", and the Required Transmittal to the State Department of Community Affairs
Pursuant to Chapter 163.3191 of the Florida Statutes; Providing for an Effective Date.
Action: City Clerk Hines read the title.
Public Speakers: none
Commissioner Scholl moved and Commissioner Goodman seconded a motion to approve
the resolution. LPA Resolution No. 2009 -57 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
the City of Sunny Isles Beach Comprehensive Plan to Provide for the State Mandated
Requirements for a Ten -Year Water Supply Facilities Work Plan; By Amending the
Infrastructure Element; By Creating Water Supply Facilities Work Plan Sub - Element;
Providing that a Transmittal and Adoption Public Hearing will be Held; Providing for
Adoption; Providing for Severability; Providing for an Effective Date.
(First Reading 12/18/08)
Action: City Clerk Hines read the title and the City's Consultant Alex David of the Bell
David Planning Group reported.
Public Speakers: none
Commissioner Scholl moved and Commissioner Goodman seconded a motion to approve
the ordinance on second reading. Ordinance No. 2009 -330 was adopted by a roll call
vote of 5 -0 in favor.
Vote: Commissioner Brezin
yes
Commissioner Goodman
yes
Commissioner Scholl
yes
Vice Mayor Thaler
yes
Mayor Edelcup
yes_
Summary Minutes: Regular City Commission Meeting July 16, 2009 City of Sunny Isles Beach, Florida
9B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Chapter 256 of the City Code to Reduce the Warning Period for Red Light Traffic
Violators from 90 Days to 30 Days and Renumbering the "Dangerous Intersection
Safety Act" from Article III to Article IV; Providing for Repealer; Providing for
Severability; Providing for Inclusion in the Code; Providing for an Effective Date.
(First Reading 06/18/09)
Action: City Clerk Hines read the title, and City Manager Conner reported.
Public Speakers: none
Commissioner Goodman moved and Commissioner Scholl seconded a motion to approve
the ordinance on second reading. Ordinance No. 2009 -331 was adopted by a roll call
vote of 5 -0 in favor.
Vote: Commissioner Brezin yes
Commissioner Goodman yes
Commissioner Scholl yes
Vice Mayor Thaler yes
Mayor Edelcup�es
10. RESOLUTIONS
10A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Resolution No. 2008 -1308, the 2009 City Commission Meeting Schedule, by Adding
Special City Commission Meetings Tentatively on Thursday, September 10, 2009 and
on Tuesday, September 22, 2009, at 6:30 p.m, for Fiscal Year 2009/2010 Budget
Hearings; Providing for an Effective Date.
Action: City Clerk Hines read the title.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve this
resolution. Resolution No. 2009 -1443 was adopted by a voice vote of 5 -0 in favor.
10B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the City Manager or His Designee to Sign or Renew All Required Contracts,
Agreements, and Purchase Orders that Affect the Health, Safety, or Welfare of the City,
During the Summer Recess Period from the Last City Commission Meeting in July 2009
through the First Regular Commission Meeting in September 2009, Subject to After -the-
Fact Ratification at the September 17, 2009 City Commission Meeting; Providing for an
Effective Date.
Action: City Clerk Hines read the title.
Public Speakers: none
Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve this
resolution. Resolution No. 2009 -1444 was adopted by a voice vote of 5 -0 in favor.
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Summary Minutes: Regular City Commission Meeting July 16, 2009 City of Sunny Isles Beach, Florida
10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Purchase of Twelve (12) Handheld P7250 Police Radios and Associated Accessories
from Miami -Dade County Enterprise Technology Services Department, in the Amount Not
to Exceed $51,111.72, Attached Hereto as Exhibit "A "; Authorizing the City Manager to Do
All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Police Captain Michael Grandinetti reported.
Public Speakers: none
Commissioner Scholl moved and Commissioner Goodman seconded a motion to approve
this resolution. Resolution No. 2009 -1445 was adopted by a voice vote of 5 -0 in favor.
IOD. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the Purchase of Uniforms and Related Items for the Police Department from Gold
Nugget DB /A Argo Uniform Company, in an Amount Not to Exceed $24,700.00;
Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: City Clerk Hines read the title, and Police Captain Michael Grandinetti reported.
Public Speakers: none
Commissioner Goodman moved and Commissioner Scholl seconded a motion to approve
this resolution. Resolution No. 2009 -1446 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 Chief of Police to Utilize Tip Top Dry Cleaners for Dry Cleaning Services for the
Police Department, in an Amount Not to Exceed $18,400.00, Authorizing the City Manager
to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Police Captain Michael Grandinetti reported.
Public Speakers: none
Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve
this resolution. Resolution No. 2009 -1447 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, Authorizing
the Chief of Police, in Accordance with the Comprehensive Crime Control Act of 1984 to
Expend Up to $10,000.00 from the Partial Federal Forfeiture (DOT) Funds for the
Purchase of Miscellaneous Investigative Equipment to be Used by the Police
Department's Detached Detective and HIDTA Group; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Police Chief Fred Maas reported.
Public Speakers: none
Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve this
resolution. Resolution No. 2009 -1448 was adopted by a voice vote of 5 -0 in favor.
Summary Minutes: Regular City Commission Meeting July 16, 2009 City of Sunny Isles Beach, Florida
10G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the City Manager to Apply For, Receive and Accept a Safe Neighborhood Parks (SNP)
Bond Program Grant with Miami -Dade County, for Bella Vista Bay Park Expansion,
in the Amount of $200,000.00, and for the Golden Shores Park Renovation, in the
Amount of $111,450.00; Authorizing the City Manager to Take Any and All Action
Necessary with Respect to the Obtaining and Distribution of Grant Monies, as Appropriate,
and 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 Doug Haag reported.
Public Speakers: none
Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve this
resolution. Resolution No. 2009 -1449 was adopted by a voice vote of 5 -0 in favor.
10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Interlocal Agreement with Miami -Dade County Film Permitting Office Authorizing
the County to Issue Permits to Film for Use of Property and Services within the
Corporate Limits of the City of Sunny Isles Beach, Attached Hereto as Exhibit "A ";
Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All
Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Cultural and Human Services Director Susan
Simpson reported.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve this
resolution. Resolution No. 2009 -1450 was adopted by a voice vote of 5 -0 in favor.
10I. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Urging
President Obama to Grant Temporary Protective Status to Haitians in the United
States; Directing the City Clerk to Transmit a Copy of this Resolution to the Officials as
Stated Herein; 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 Commissioner Brezin reported.
Public Speakers: none
Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve this
resolution. Resolution No. 2009 -1451 was adopted by a voice vote of 5 -0 in favor.
Summary Minutes: Regular City Commission Meeting July 16, 2009 City of Sunny Isles Beach, Florida
10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with Malibu Plaza on the Bay, L.L.C. for the Purchase and Sale of Real
Property Located at 16100 Collins Avenue, in the Amount of $4,800,000.00 with a
Deposit of $480,000.00 Which Deposit Shall be Credited Against the Purchase Price at
Closing, in Substantially the Same Form as the Attached Exhibit "A "; Authorizing the Mayor
to Execute Said Agreement; Providing the City Manager and the City Attorney With the
Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting that the
property is owned by the Koslovsky family, and it will be used for open space and park land,
and after the park is built it will be named after Alex A. Koslovsky.
Public Speakers: none
Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve this
resolution. Resolution No. 2009 -1452 was adopted by a voice vote of 5 -0 in favor.
10K. Add -On:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with R.K. Associates VIII, Inc. for the Purchase and Sale of Real
Property Located at 151 Sunny Isles Boulevard, in the Amount of $9,000,000.00 with a
Deposit of $1,000,000.00 Which Deposit Shall be Applied to the Purchase Price at Closing,
Attached Hereto as Exhibit "A "; Authorizing the Mayor to Execute Said Agreement;
Providing the City Manager and the City Attorney With the Authority to Do All Things
Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Attorney Ottinot reported.
Public Speakers: Raanan Katz
Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve this
resolution. Resolution No. 2009 -1453 was adopted by a voice vote of 5 -0 in favor.
10L. Add -On:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a
Second Amendment to Lease Agreement Between the City of Sunny Isles Beach and
Vanguard Car Rental USA Inc., Attached Hereto as Exhibit "A "; Authorizing the Mayor
to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to
Effectuate the Terms of this Agreement; Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting that this is
the Alamo property.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve this
resolution. Resolution No. 2009 -1454 was adopted by a voice vote of 5 -0 in favor.
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Summary Minutes: Regular City Commission Meeting July 16, 2009 City of Sunny Isles Beach, Florida
10M. Add -On:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding
RFP No. 09 -06 -01 and Entering into an Agreement with GraphPlex Signage, for
Removal, Fabrication and Installation of Street Signage, in an Amount Not to Exceed
$141,050.00, Attached Hereto as Exhibit "A ", Based on the Pricing, Terms, and Conditions
Listed in the Bid Response, Attached Hereto as Attachment "A "; Authorizing the Mayor to
Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to
Effectuate the Terms of the Agreement; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Assistant City Manager Vera reported.
Public Speakers: none
Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve this
resolution. Resolution No. 2009 -1455 was adopted by a voice vote of 5 -0 in favor.
11. MOTIONS
None
12. DISCUSSION ITEMS
None
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
13A. Danny Tantleft representing Mansiana - Solice requested an extension for payment of
TDRs that is due to the City for June, July, August and September for a total of $700,000.
He provided a commitment letter with a bank for a construction loan, and he is looking to
close the construction loan by the end of July to mid -end of August. Commissioner Brezin
asked what the timeframe is and he said the building will be completed 18 months from the
day they begin the construction. Mayor Edelcup said that a commitment letter is not
assurance that it will be funded, it needs to be resolved. After discussion it was the
consensus of the Commission to instruct the City Attorney and staff that if funding has not
taken place by August 15, 2009, or if we have not seen a completed document by the lending
institution that the money is forthcoming, we will start legal proceedings to enforce the note
that we have, and there will be no more extensions. Mr. Tantleft said he paid the hedge fund
to the bank, is going through legal now, and the hedge fund is going to be an equity partner.
13B. Tulia Badillo spoke regarding Heritage Park, and she had heard of an original rendering
that allows an entrance and an exit for Ocean Reserve. There is now a new rendering that
eliminates the entrance and an exit to a parking lot to Ocean Reserve creating a situation for
19380 Collins Avenue where 400 or more additional cars would be going through their
parking lot in order to get to Ocean Reserve. She said that they are not in favor of the new
rendering but are in favor of the original rendering where Ocean Reserve has its own
entrance and exit, and they are in favor of the Park. Mayor Edelcup clarified that she was
objecting to the easement that is being proposed to be given to the City by Ocean Reserve to
be added as part of the Park.
Summary Minutes: Regular City Commission Meeting July 16, 2009 City of Sunny Isles Beach, Florida
13C. Jennifer Levin, a resident of Oceanview Building B, said that she understands that the
garage is going to be in the southeastern corner of the Park area where the ramp to William
Lehman Causeway is, and she doesn't understand why the City needs an easement around the
back because we already have ingress and egress through Collins Avenue. She said she
objects to the gate being closed to the Ocean Reserve parking lot, it would overburden their
parking garage and increase liability, insurance costs, etc. She requested that the
Commission not eliminate the gate to the Ocean Reserve Garage or not even utilize the
easement and find an alternative way to gain access to the garage.
City Manager Conner said the original design called for the entrance to the City's parking
garage to run just east of and parallel to the fence that now separates the two properties and
so it would be entirely on the Heritage Park property. When the discussion opened to obtain
the additional acre for park purposes it would turn what is now asphalt into part of the Park.
As part of that process the driveway to the City's parking garage would then move west to
the other side of the fence and connect back to the City's garage which is within 60 feet of
connecting to the existing exit out of the existing garage. The request was made to close that
exit and not have that connection so that the traffic would not flow through the Park because
once the acre is developed and landscaped, it would become part of the entire Park picture.
That agreement is what was requested at the time, but there are options. One option is to
simply go back to the original plan and not include the acre as part of the Park plan but he
believes it would benefit all the properties back there to have a beautiful additional acre
immediately in front of and adjacent to their properties. There may be alternatives and we
have time to resolve this issue, it will take several months to get the garage started, and
during that period we are discussing the possibility of what we do with the park plans, and
the Commission has not even made that final decision yet, it is still in the development
stages. He recommended that if there is a concern that we set up a meeting with all the
parties involved and look at the situation and decide what is the best total package, and
he presented a rendering of the Park.
Mayor Edelcup said to give the City Manager 90 to 120 days for him to have a meeting
and /or a workshop with the residents of Building B, and show them the plans both ways and
get a consensus of the majority of the homeowners or residents in Building B, and then report
back to the Commission, and then the Commission can make a determination on which way
to go. City Attorney Ottinot has been in communication with the Building B attorney and
also the Ocean Reserve attorney, and are in discussion by trying to resolve a legal issue, the
question is really whether they have the authority to grant the City the easement. At the time
they granted the easement they indicated that they have the authority, and so right now we are
trying to resolve that issue. Commissioner Scholl said it would be easier to get all the folks
involved and work it out, and Commissioner Brezin said we will work out a plan that is
mutually agreeable to all of us.
13D. Michael Bourgoin asked for an update on Newport Pier and restaurant RFP. City
Manager Conner reported that the Pier is being designed, permitting is on track, and that
the Pier will be ready for the City's 2010 Anniversary Party. We went through the RFP
process for the restaurant and there were no submittals. After the fact, we had two parties
indicate that there was an interest and we went through the process and received those two
Summary Minutes: Regular City Commission Meeting July 16, 2009
City of Sunny Isles Beach, Florida
proposals. They both have merit, they are two different approaches to the process, and we
will continue to review them, and then submit them to the Commission. The requirement is
for the successful entrepreneur to complete the interior of the building. Estimates range from
$500,000 to $2 Million out of pocket for those people to accommodate that and then operate
the restaurant at their gain or loss, and pay the City a rent or a percentage of the gross.
14. ADJOURNMENT
Commissioner Goodman moved and Commissioner Scholl seconded a motion to adjourn the
meeting. Mayor Edelcup adjourned it at 7:35 p.m.
Respectfully submitted by:
Jane A. Hines, CMC, City Clerk
Approved by the City Commission on Sept. 17, 2009
71xje)d
N rman S. Edelcup,
10
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Page 1 of 1
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
MEMORANDUM
The Honorable Mayor and City Commission
Jane A. Hines, CMC, City Clerk
9/17/2009
Summary Minutes for the July 16, 2009 City Commission Meeting
RECOMMENDATION:
Attached for your consideration are the Summary Minutes for the July 16, 2009 Regular
City Commission Meeting.
REASONS:
ATTACHMENTS:
. Summary Minutes
Agenda Item
http: / /sibagenda. sibfl. net / agenda / Preview. aspx ?ItemID= 87 &MeetingID= Date