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HomeMy WebLinkAbout2003-0619 Regular City Commission Meeting • • • SUMMARY MINUTES Regular City Commission Meeting Thursday, June 19, 2003, 7:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REOUIRES YOUR REGISTRATION PRIOR TO ENGAGING LN LOBBYING ACTIVITIES BEFORE CITY STAFF,BOARDS,COMMITTEES OR I[It CITY COMMISSION. PLEASE CONTACT THE CITY CLERIC FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:30 p.m., with the following officials present: Mayor David Samson Vice Mayor Norman S. Edelcup Commissioner Gerry Goodman Commissioner Danny Iglesias Commissioner Lila Kauffman City Manager Christopher J. Russo City Attorney Lynn M. Dannheisser Acting City Clerk Jane A. Hines 2. PLEDGE OF ALLEGIANCE Action: City Attorney Dannheisser led the Pledge of Allegiance to the flag. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting—May 15, 2003. Action: Commissioner Kauffman moved and Vice Mayor Edelcup 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 Item 9A after Item 5B; then 7B,8B,6A; Deferral of 7A;Revision to Items 9G and 9K; Additional Information for 9I, 9J and 9K. Action: Mayor Samson said that it was requested to hear items out of order. Discussion was held on what order it should be in. Commissioner Iglesias made a motion to hear Items 8B, 8B1,8B2, 8B3 and then 6A. Commissioner Iglesias also stated that he does not want last minute items handed to him just before a meeting. Commissioner Goodman and Vice Mayor Edelcup asked to hear 7B first. It was requested that Item 9A be heard after 5B and Commissioner Iglesias restated his motion to hear 9A first. Summary Minutes:Regular City Commission Meeting June 19,2003 City of Sunny Isles Beach.Florida Commissioner Iglesias moved and Commissioner Kauffman seconded a motion to hear Items 9A,8B,8B1,8B2, 8B3,and then 6A.The motion was approved by a voice vote of 5-0 in favor. Commissioner Goodman moved and Commissioner Kauffman seconded a motion to defer 7A. The motion was approved by a voice vote of 5-0 in favor. 5. SPECIAL PRESENTATIONS 5A. Certificates of Appreciation to be Presented to Bike Rodeo Event Sponsors. Action: Susan Simpson, Cultural and Human Services Director, reported and Commissioner Goodman presented the Certificates to IDS Telcom for donating$500.00 to the City's First Bike Rodeo held on May 11, 2002; and Lt. Feisthammel accepted the Certificate on behalf of Chief Maas and the Sunny Isles Beach Police Department for their financial support of the City's Second Bike Rodeo held on May 17, 2003; and a Certificate of Appreciation was presented to each member of the Committee for their support for the last two years: Janet Cini, Loretta de Vries, Irving Diamond, Mary Ann Eicke, Lee Liebman, and Gene Sweed (Lewis Sayre, FDOT, was not in attendance). Commissioner Goodman thanked Susan Simpson for her assistance. 5B. Certificate of Appreciation to be Presented to Easter Egg Scramble Event Sponsor. Action: Susan Simpson,Cultural and Human Services Director,presented the Certificate to Milam's Market for donating$500.00 as the sole sponsor of the City's First Easter Egg Scramble held on April 19, 2003. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. [Continued from May 15, 2003] Request of Mandalay, LLC, Owner of the Property Located at 16275 Collins Avenue, Sunny Isles Beach, Florida, for the Following: [Hearing#Z2003-02] 1. Pursuant to Section 515 of the City of Sunny Isles Beach Land Development Regulations, the applicant is requesting to transfer 33,657 square feet of development rights from the City. 2. Pursuant to Section 508 of the City of Sunny Isles Beach Land Development Regulations, the applicant is requesting a site plan approval for a 29-story, 90-unit condominium. 3. Pursuant to Section 703.8.4(h) of the City of Sunny Isles Beach Land Development Regulations,the applicant is requesting to waive the Beach Access Easement requirement under the Code. 4. Variance of Setback to permit a proposed parking pedestal to setback 2.33 ft. from the interior (north) property line (20 ft. required) and setback 0.00 ft. from the interior (south) property line (20 ft. required). Summary Minutes:Regular City Commission Meeting June 19,2.003 City of Sunny Isles Beach.Florida Protests 3 Waivers 0 Ex-Pane 3 Action: [City Clerk's Note: Three protest letters were distributed at the May 15, 2003 meeting from Roger Anda, Hermann Blatz, and Morris Rosenberg.] City Attorney Dannheisser read a disclaimer for the Zoning hearing. Acting City Clerk Hines read the applicant's name, hearing number, location and then administered the oath to the witnesses for the Zoning hearing, and asked if there were any ex-pane disclosures, and there were three (Mayor Samson, Vice Mayor Edelcup, and Commissioner Goodman). Public Speakers: Clifford Schulman, Esq.; Planning and Zoning Administrator Jorge Vera; Shelley Eichner; Mary Ann Eicke; Janet Gross; Mahlon Hanson; Irving Turetsky; Bill Lone; Fred Barker; Dr. Barry Charnick; Alberto Sisso Clifford Schulman, Esq., representing the owners, withdrew Item 4 for Variance of Setback as the result of tonight's action (8B) those variances are no longer required. He also withdrew their request for beach access waiver because he believes that the beach access that they have provided,complies with the provisions of the Code. Mr. Schulman, Esq., stated that this property is already approved for a high-rise development that could be built today. He stated that this Commission adopted Resolution No. 2000-Z-48, approving an application for a 26-story, high-rise development on this site with 168 residential units on the property. The Mandalay Condo Hotel, which this Commission approved in 2000, was approved for 168 residential units, the application before the Commission tonight is for 90 residential units. Mr. Sieger described tonight's application and showed several renderings of the project. Mayor Samson asked if there was ample space for loading and unloading trucks, and if there is enough stacking room for cars coming up, and Mr. Sieger said yes, that it all meets the criteria. Mr. Schulman, Esq., noted that Mr. Sieger amended the plans and that it now has the required 15-foot beach access in the side yard contiguous along the north property line with paving patterns, it is gated as required for after hours security, it is lit and partially covered. Vice Mayor Edelcup asked how high the roofline was, and Mr. Sieger said approximately 9-feet. Commissioner Goodman said that none of the beach accesses have doors and recommends that there be no doors, Mayor Samson noted that Ocean I also has doors, and Mr. Sieger said that these are just gates for security after hours. Commissioner Goodman said he had a problem with the gates because of the question of who is going to open it,close it, and maintain the property. Mr. Schulman, Esq., said he also spoke to the Police Department and they suggested that they have a gate that was time controlled so that at night it would not become a safety problem. He said that this beach access is also handicapped accessible because you will either go into the elevator or into the beach access, and is open 6-feet on one side even though it does have a cover. 3 Summary Minutes:Regular City Commission Meeting June 19.2003 City of Sunny Isles Beach,Florida Planning and Zoning Administrator Jorge Vera and Shelley Eichner,of Calvin,Giordano and Associates, presented the report. Mr. Vera noted that the amendment that was just adopted (8B) took away request no. 4, which is the setback variances, and the applicant withdrew request no. 3,so what is before you is the transfer of development rights and the site plan approval. Mahlon Hanson noted that her main concern was the traffic and that it will cause a safety concern on that corner. Commissioner Iglesias said that it all has to be approved by FDOT. Commissioner Goodman said it could be a problem if the driveways do not line up with the traffic lights, and Vice Mayor Edelcup said that they do not line up. Mr. Schulman, Esq., said that they did go to FDOT and they were told that it was a safe configuration and could be permitted. Mayor Samson said that we have to speak on the TDRs on appraised valuation because City Manager Russo said Joe Milton has brought in a low value on the land on which we have not decided which is correct, we do not accept that, and we are going for further appraisals. City Manager Russo clarified that we expect to have a new appraisal, which has been ordered by the City, and the cost of the TDRs will be contingent upon working out the value of the TDRs. Commissioner Iglesias moved and Commissioner Kauffman seconded a motion for approval as amended with all staff conditions (withdrew request 3; deleted request 4), and on the condition that the City Manager agrees on the TDR value before we issue permits. Commissioner Goodman raised the condition that there be no locked doors in the beach access. Mr. Schulman said that they will do whatever is recommended by the Sunny Isles Beach Police Department. Commissioner Iglesias amended his motion to leave it at the discretion of the City Manager to discuss with the Police Department if the beach access should be gated or not. City Attorney Dannheisser wanted to clarify if this motion includes both items or if they will be voted on one at a time. Commissioner Iglesias said both items. The motion was approved as Resolution No. 03-Z-74, by a roll call vote of 5-0 in favor. Vote: Commissioner Goodman yy Commissioner Iglesias ,des Commissioner Kauffman yes Vice Mayor Edelcup Mayor Samson yes 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Providing for the Regulation of Private Property Trespass Towing; Providing for Definitions; Providing for Consent of Property Owners; Providing for Warning to Vehicle Owners; Providing for Registration,Procedures for Towing and Storage Firms, 4 Summary Minutes.Regular City Commission Meeting June 19,2003 City of Sunny Isles Beach,Florida Prohibited Practices and Procedures,Suspension and Revocation of Licenses;Providing for Local Storage Facilities; Providing for Severability Clause;Providing for an Effective Date. Action: [City Clerk's Note: See item 4A for action on deferral of this item] This ordinance was deferred. 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 2.01, "Definitions" of Ordinance No. 2002-165, Adopting the City's Land Development Regulations to Include a Definition of`Beach Access"; Providing for a Repealer;Providing for Severability;Providing for Inclusion in the Code; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and City Attorney Dannheisser reported that this Ordinance is a clarification as to whether you want open or closed beach access. Public Speakers: Clifford Schulman, Esq. City Attorney Dannheisser said that the only thing that is changing is that there is a definition of beach access and Commissioner Goodman read the definition of "Beach Access"from the Ordinance. Commissioner Kauffman asked Commissioner Goodman if these parameters are a little too rigid,and he answered no. City Attorney Dannheisser said that everything is already in the Code,we do not have a definition,but it is already defined - within the Code, and the only thing that is being changed or clarified,if you choose,is to have open-air or enclosed, and that is the issue. Commissioner Kauffman asked if you have a canopy is that considered not open-air? Commissioner Goodman said that he wants open-air and that is his motion. Commissioner Iglesias agrees with what Commissioner Goodman is saying,except if a developer wants to put in an enclosed upper structure, why stop them. Commissioner Goodman said that the minimum should not be less than15-feet wide, and Commissioner Iglesias agreed but that we should allow a canopy. Vice Mayor Edelcup said that we should leave it as open and then if we get a request, we can always change it. Mr. Vera corrected a word in the definition,that it should be grade, not ground. Mr. Schulman, Esq., said that the proposed Ordinance is made retroactive in its application, meaning that it goes back to the one we just did and any others that we have previously approved,and he suggested that it should not be made retroactively applicable since it would potentially have an adverse impact. He also stated that it says 15-feet fully paved, it should have room for landscaping. City Attorney Dannheisser asked don't you need a hard surface, and City Manager said yes we need a path but not the whole thing paved, it would come before the Commission in a site plan anyway. City Attorney Dannheisser said that then you don't need this Ordinance because the LDRs already say a minimum of 15-feet, and the only reason that it was brought up was because of the 5 Summary Minutes:Regular City Commission Meeting June 19,2003 City of Sunny Isles Beach,Florida enclosure of the project and you wanted it defined as unenclosed and open-air. City Attorney Dannheisser clarified that you want open air, unenclosed, not retroactive, landscaped surface area and a hard surface walkway, it has to be ADA accessible, every building must have a beach access according to the Comp Plan. City Attorney Dannheisser clarified that the definition of"Beach Access" shall mean and include a non- exclusive, publicly accessible, open air and unenclosed landscaped hard surface area easement linking Collins Avenue....". Mayor Samson said that we have never made a restriction on open hours, closed hours, maintenance,and City Attorney Dannheisser said that this is a definition of what it means, how you otherwise improve it, is okay as this is first reading. Commissioner Goodman asked City Manager Russo about the feasibility of them paying the City and keeping these things in proper state and asked if they can pay us and we do it. City Manager Russo said yes,one of the things we did with Luke's contract,besides Public Works checking it,that Luke's people check it every day when they empty the garbage cans,and that the next step would be that they pay us. Vice Mayor Edelcup said that at a previous Commission meeting, we had requested that the City Manager come up with a plan on this for all the beach accesses, and City Manager Russo reported that in Luke's contract on tonight's agenda,for them to check it and then we charge back. Mayor Samson said he would word it,that the cleanliness of the beach accesses will be maintained by the City for a cost to be appraised by the City Manager to be charged to each Condominium Association. City Attorney Dannheisser said that we require easement agreements,which we can include all these restrictions in or not, as maybe applicable to the particular site, this is merely a definition. She suggested that we can do another ordinance that relates more specifically to that, and Mayor Samson asked that she put it on the next Commission agenda. Commissioner Iglesias said if we are going to use unenclosed or open air, we may be leaving ourselves open that if someone wants to do a development, say on the west side, then you can do what they did at the Western Diplomat, which is a structure that is partially enclosed, but it is open-air because there is no tunnel. Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to approve the proposal as amended on first reading,the definition of Beach Access shall mean and include a non-exclusive,publicly accessible,open air and unenclosed landscaped hard surface area easement linking Collins Avenue....".. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday,July 17, 2003, at 7:30 p.m. Vote: Commissioner Goodman yes Commissioner Iglesias y Commissioner Kauffman yes Vice Mayor Edelcup yes Mayor Samson 6 Summary Minus:Regular City Commission Meeting lune 19,2003 City of Sunny Isles Beach,Florida 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No.2003-168 to Accept Those Charter Provisions Set Forth in Said Ordinance and Only Those Approved by a Majority of the Voters on June 10, 2003 According to Official Results to Amend the City Charter by Adding a Lobbying Provision that Would Require the City Commission Pass an Ordinance Mandating Lobbyists to Disclose Compensation and for that Information to be Disseminated to the City Commission;Providing for an Amendment of Section 2.3(c)"Limitations on Length of Service" to Provide that No Person Shall Serve as Mayor for More than Two Elected Four-Year Terms and No Person Shall Serve as Commissioner for More than Two Elected Four-Year Terms; Amending Section 3.5 "City Clerk" to Render the Clerk an Appointee of the City Manager; Providing for an Amendment of Section 3.2 "Powers and Duties of the City Manager" to Except Employees of the Office of the City Attorney From Appointment, Supervision and Removal by the Manager;Providing for an Amendment of Section 3.4 "Bond of the City Manager"to Provide for Fidelity Bond;Amending Section 5.10) "Elections Commencement of Terms" to Provide that the Term of Elected Office Commence on the Thirtieth Day Following the Election; Providing for Elimination of Certain Transition Provisions; Providing for an Amendment of Section 2.1 "City Commission"to Provide Examples of Legislative Powers; Providing for an Amendment to Section 7.4 "Charter Revision" to Require Each Commissioner Appoint One Charter Revision Commission Member; Providing for the Permission to Make Technical and Stylistic Amendments; Providing for Repealer; Providing for Severability;Directing the City Clerk to Amend the City Charter in Accordance with the Election Results and this Ordinance; Providing for Inclusion into the City Charter and Code; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and City Attorney Dannheisser reported and noted a scrivener's error, on page 2 of the Ordinance, Section 3.5, several words should have been deleted at the beginning of the sentence, - - • • - - •. - ; - • - - - the-Commission, it should read, "The City Manager shall appoint..." . Public Speakers: none Commissioner Iglesias moved and Vice Mayor Edelcup seconded a motion to approve the proposal as amended 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,July 17, 2003, at 7:30 p.m. Vote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Kauffman yes Vice Mayor Edelcup yes Mayor Samson 7 Summary Minutes:Regular City Commission Meeting June 19,2003 City of Sunny Isles Beach.Florida 7D. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 98-44 of the City of Sunny Isles Beach and Further Amending Section 2-11.1(s) of the Code of Ethics of Miami-Dade County, to Require Disclosure of Fees Paid to Lobbyist; Directing the City Clerk to Publish Lobbyist Registration Logs to the City Commission Prior to Every City Commission Meeting; Providing for the Miami-Dade Commission on Ethics and Public Trust to Hear Appeals,and Conduct Investigations;Providing for Penalties for Violation;Providing for All City Personnel to Ascertain Whether Persons Required to Register as a Lobbyist Have Complied; Providing for Validity of Action; Providing for a Repeal of Conflict Provisions; Providing for Severability and an Effective Date. Action: Acting City Clerk Hines read the title and City Attorney Dannheisser reported. Public Speakers: Susan Fried Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve the proposal 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, July 17, 2003, at 7:30 p.m. Vote: Commissioner Goodman yes Commissioner Iglesias yes Commissioner Kauffman yes Vice Mayor Edelcup yes Mayor Samson yes 8. ORDINANCES FOR SECOND READING (Public Hearings) 8A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 99-74,Adopting a Cost Recovery Deposit Fee Schedule for Planning and Zoning Services, Attached as Exhibit "A"; Providing for an Effective Date. (First Reading 5/15/03) Action: Acting City Clerk Hines read the title and Planning and Zoning Administrator Jorge Vera reported. Public Speakers: none Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to adopt the ordinance. Ordinance No. 2003-172 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Goodman yes Commissioner Iglesias yes 8 Summary Minutes:Regular City Commission Meeting June 19,2003 City of Sunny Isles Beach.Florida Commissioner Kauffman yes Vice Mayor Edelcup yes Mayor Samson 8B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 703.8.4 (m) of the Land Development Regulations Adopted by Ordinance No. 2002-165 Entitled"Parking Garage/Rooftop Open Space"to Provide that Parking Structures that Fall Within the VE Zone on Lots with 100 Feet of Frontage or Less,are Exempt from *Minimum Side Setbacks and Do Not Count Against Floor Area Ratio; Providing for a Repealer;Providing for Severability and Providing for an Effective Date. (First Reading 5/15/03) Action: (*City Clerk's Note: City Attorney amended Ordinance at meeting.] Acting City Clerk Hines read the title and City Attorney Dannheisser reported and noted that the City's Planner requested that we insert into the wording of the Ordinance an immaterial non-substantive change for clarification, that when we talk about minimum setback restrictions, we put in the words "minimum side" setbacks. Public Speakers: Clifford A. Schulman, Esq.; Charles Sieger, Architect; Cecile Sippin; Michael Greenhutt; Mary Ann Eicke; Fred Barker; Mahlon Hanson; Elke Bass; Hassida Gabor; Arthur Kapel; Laurie Hanimov; Dr. Barry Charnick; Brian Taft; Gloria Taft; Anthony Pupillo; Eltan Shwveli; George "Bud" Scholl; Alvaro Minor; Alberto Sisso; Janet Gross; Yana Franz; Arnold Taft; Herbert Abramson; Dr. Elayne Mangad; Yosef Zemach; Hagai Shechter; Edith Sandquist Mr. Clifford A. Schulman, Esq., said that this Ordinance presently drafted in the Code does not meet with the intent of the Commissioner who offered it when it was originally adopted into the LDRs. This Ordinance will not determined whether or not there will be high-rises on the east side of Collins Avenue. The MUR District that we are in, with or without this Ordinance, will allow a high-rise on this property. The only question before you is if you don't pass this Ordinance, that high-rise will be higher and bulkier, and will go further out to the ocean, and we will have a higher and bigger parking garage. All VE says is that the zoning regulations that are in effect when combined with the federal regulations say, if you don't change this Ordinance your parking garage has to be higher and bigger. All of us fell in love with Millennium when it was planned,but hated it when it was built because of its intrusive, visible, and ugly parking garage. That was the zoning regulations that were in effect at that time. Mr. Schulman,Esq.,presented two renderings of how the building would look with the Ordinance and without the Ordinance. Commissioner Goodman reminded Mr. Schulman,Esq.,that Miami-Dade County passed the Millennium. Mr. Schulman agreed, and said that the Sunny Isles Beach Planning Advisory Board said that we want to make these garages as invisible as possible and they succeeded in one respect,primarily in the front. He stated that if the Ordinance is passed 9 Summary Minutes:Regular City Commission Meeting June 19,2003 City of Sunny Isles Beach,Florida tonight, the structure would be 298-feet but without the Ordinance, it will go to 351-feet in height, and the parking garage would go from three stories to ten stories in height. Commissioner Goodman asked what the setbacks are in the front,and Mr.Schulman,Esq. said in both instances, it is 75-feet from the front, but one is at the bulkhead line with two stories, and the other is ten stories at the bulkhead line, which is permitted by the City's Zoning Code if you don't change the Ordinance tonight. Vice Mayor Edelcup noted that Mr. Schulman,Esq.,is showing us a building to do site specific zoning for that particular project, and Mr. Schulman, Esq., said it affects all 100-foot or less lots. Mr. Charles Sieger,Architect, noted that they tried to suppress the garages,and that this Ordinance allows relief for the 100-foot lots, when you have a 20-foot setback on each side of a 100-foot lot, you only have 60-feet to build the building in. When you take out the ramping for the cars, as a practical issue with the structure that holds up the building you can only get one row of cars,so what happens is you get a very inefficient garage and the garage gets very high and in this case,he studied the Sayan project,which is one of the three lots. This project needs relief, the 100-foot lots needs relief,and the relief is the VE situation and it is compounding the situation and making it extremely difficult, the underlying rights are there. Commissioner Goodman asked if the beach access would be flat from Collins Avenue to the beach and if the other side of the building would be landscaped, and Mr. Sieger said yes. Commissioner Goodman noted that there would be no landscaping if it is built from lot line to lot line, and he prefers tall and skinny so that there are view corridors,and Mr. Sieger said that there would still be landscaping on both sides of the building. Commissioner Kauffman felt that this amendment would allow a few small lots in Sunny Isles Beach that are uniquely affected by our Federal standards, to not have side setbacks minimizing the visual impact in the garages for themselves and their neighbors. Commissioner Kauffman explained why she voted the way she did. She explained that at last month's first reading,further study and debate needed to be done. She acknowledged that some were upset and she felt they did not understand her vote. She went on to explain that she now had the time and ability to understand the issues and determined what she felt was in the best interests of the City and the citizens. In spite of criticism and emotions she received, she went on to explain her one guiding rule, which is to take care of our City. She acknowledged that it is a complex issue regarding a relationship between Federal Flood Regulations and Zoning. She studied the alternative ordinances for the agenda, to understand their meaning and intent. She felt the question is, does our Zoning Code accomplish our intent in parking garages on the ocean. Her opinion was that properties of 100-feet, will either be bigger or taller and they will obstruct even more views unless this Ordinance is adopted. She further stated that this is not a vote on whether there should be high-rise development on the east side of Collins, we've made this decision and we have lived with this decision,and in her opinion it has been the right decision. She stated that this City is to a point that people want to live here and developers want to build here. She felt this is not about side setbacks, it is that these properties can legally be built on this land, and that the only real question is how the high- 10 Summary Minutes:Regular City Commission Meeting lune 19,2003 City of Sunny Isles Beach,Florida rises will look to the public and their neighbors. In her opinion,if the Commission fails to pass the Ordinance, these small sites start getting fatter and taller. She felt that some of the other alternatives tonight attempted to change the original intent but supported the Ordinance that was proposed. Vice Mayor Edelcup is in favor of tall and skinny buildings and open space view corridors as the City's Planning Advisory Committee recommended, as did the Comprehensive Plan. Commissioner Goodman stated it has to do with the people who live here, not property values. Mayor Samson asked how many buildings in Sunny Isles Beach, and surrounding areas, stands a building with 114-foot setback on the north, because the building next to this property is 74-feet back of the lot line and the ground that belongs to Atlantic Isle is 40-feet, add that together and you have a 114-foot view corridor, on the other side, the south end of the property,there is a 20-foot setback on the property next to it and a tower is a 50-foot setback, and you have a 70-foot view corridor. Commissioner Iglesias moved and Commissioner Kauffman seconded a motion to adopt the ordinance as amended. Ordinance No. 2003-171 was adopted by a roll call vote of 3-2 (Commissioner Goodman and Vice Mayor Edelcup opposed) in favor. Vote: Commissioner Goodman no Commissioner Iglesias yes Commissioner Kauffman y • Vice Mayor Edelcup no Mayor Samson des 8B.1 Alternative Ordinance for First Reading An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section703.8.4 (m) of the Land Development Regulations Adopted by Ordinance No. 2002-165 Entitled"Parking Garage/Rooftop Open Space"to Provide that Parking Structures that Fall Within the VE Zone on Lots with 100 Feet of Frontage or Less,are Exempt from Setbacks and Do Not Count Against Floor Area Ratio;Providing for Exemption from Beach Access Requirements;Providing for a Repealer;Providing for Severability and Providing for an Effective Date. 8B.2 Alternative Ordinance for First Reading An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section703.8.4 (m) of the Land Development Regulations Adopted by Ordinance No. 2002-165 Entitled"Parking Garage/Rooftop Open Space"to Provide that Parking Structures that Fall Within the VE Zone on Lots with 100 Feet of Frontage or Less,are Exempt from Setbacks and Do Not Count Against Floor Area Ratio;Providing that the Required Beach Access Easement Described in Section 703.8.4(h) May be Provided in Any Manner Acceptable to the Commission; Providing for a Repealer; Providing for Severability and Providing for an Effective Date. 11 Summary Minutes:Regular City Commission Meeting June 19.2003 City of Sunny Isles Beach,Florida 8B.3 Alternative Ord. for First Reading if any of the above is not approved An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No.2002-165,the Land Development Regulations,to Amend Section 703.8.4 (m) Relating to Parking Structures Which Fall within a VE Zone; Providing for a Repealer;Providing for Severability;Providing for Inclusion in the Code; Providing for an Effective Date. Action: The above alternate ordinances are not to be considered as 8B was adopted. 9. RESOLUTIONS 9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Guaranteed Maximum Price (GMT) of $14,992,050.00 for the Construction of the New City Hall, Parking Garage and Tony Roma's Restaurant from Our General Contractor and Construction Manager, The Weitz Company; 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: Acting City Clerk Hines read the title and City Manager Russo reported. Public Speakers: none Vice Mayor Edelcup moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No.2003-555 was adopted by a voice vote of 5-0 in favor. 9B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Renewal and Amendment of Landscape Maintenance Agreement Dated November 13, 2001, between the City of Sunny Isles Beach and Lukes' Landscaping, Inc. ("Lukes"'), in the Amount Not to Exceed $500,000.00, Attached Hereto as Exhibit "A", in Accordance with Resolution No. 2001-390, for Additional Parks/Medians/Rights-of-Way Maintenance Services; Extending Agreement for an Additional Two Years; Providing the Mayor with the Authority to Execute Said Agreement; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and City Manager Russo reported. Public Speakers: none 12 Summary Minutes:Regular City Commission Meeting June 19,2003 City of Sunny Isles Beach,Florida Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No.2003-556 was adopted by a voice vote of 5-0 in favor. 9C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving After the Fact,an Engineering Service Agreement by and between the City of Sunny Isles Beach and Lanzo Lining Services, Inc., to Line the Well Drain Pipe Located at the Golden Shores Pump Station on North Bay Road and 19151 Terrace, in the Amount of$12,410.00, 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: Acting City Clerk Hines read the title and Public Works Director James Watts reported. Public Speakers: none Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2003-557 was adopted by a voice vote of 5-0 in favor. 9D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement by and between the City of Sunny Isles Beach and the Firm of Calvin, Giordano & Associates, Inc., Certified Planners, for the Design, Permitting, Bid Specifications, and Construction Administration Services for the Restoration of the Sunny Isles Bridge Revetment and Seawall Repairs at 183`d Street and on Atlantic Avenue,in the Total Amount of$63,325.00,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 this Resolution; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and City Manager Russo reported. Public Speakers: none Vice Mayor Edelcup moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No.2003-558 was adopted by a voice vote of 5-0 in favor. 9E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Interlocal Agreement between the City of Sunny Isles Beach and 13 • Sumunry Minutes:Regular City Commission Meeting June 19,2003 City of Sunny Isles Beach,Florida Miami-Dade County, Attached Hereto as Exhibit "A", for Distribution of Charter County Transit System Surtax Proceeds Levied by Miami-Dade County; Providing Authorization for the Mayor to Execute the Interlocal Agreement; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and City Manager Russo reported. Public Speakers: none Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No.2003-559 was adopted by a voice vote of 5-0 in favor. 9F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Accepting a Deed for a Parcel of Land Proffered to the City in Accordance with Resolution No. 01-Z-58 to be Used as Park Land as Described in Exhibit "A"; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and Planning and Zoning Director Vera reported. Public Speakers: none Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to approve the resolution. Resolution No.2003-560 was adopted by a voice vote of 5-0 in favor. 9G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving in Concept the Terms to be Included in a Contract for the Sale and Purchase of Vacant Property Described as Lot 15, Block 5, Golden Shores Ocean Boulevard Estates, as Recorded in Plat Book 51,Page 93,of the Public Records of Dade County, Florida, Located at 215 19151 Terrace, Sunny Isles Beach, on the Terms and Conditions Provided in the Letter of Intent Attached Hereto as Exhibit"A";Authorizing the City Attorney to Draft Such a Contract; Authorizing the City Manager to Do All Things Necessary to Effectuate this Purchase; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and City Manager Russo reported, and noted that we have reached agreement with the owners to accept. Public Speakers: none 14 Summary Minutes:Regular City Commission Meeting June 19,2®3 City of Sunny Isles Beach,Florida Commissioner Kauffman moved and Vice Mayor Edelcup seconded a motion to approve the resolution. Resolution No.2003-561 was adopted by a voice vote of 5-0 in favor. 9H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Accepting the Results of the Special Election on Proposed Amendments to the City Charter Which was Held on Tuesday, June 10, 2003; Discharging the Canvassing Board for Said Special Election; Providing for an Effective Date. Action: Acting City Clerk Hines read the title. Public Speakers: none Commissioner Kauffman moved and Vice Mayor Edelcup seconded a motion to approve the resolution. Resolution No.2003-562 was adopted by a voice vote of 5-0 in favor. 9I. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Mayor to Execute Amendment No 1 to an Agreement between the City of Sunny Isles Beach and Pios & Sons Enterprises, Inc., Attached Hereto as Exhibit"A",for Stamped Asphalt Crosswalks on Collins Avenue,in an Amount Not to Exceed $45,000.00; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Amendment; Providing for an Effective Date. Action: Acting City Clerk Hines read the title and Public Works Director Watts reported. Public Speakers: none Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No.2003-563 was adopted by a voice vote of 5-0 in favor. 9J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Terms and Conditions Set Forth in the Contract Attached as Exhibit "A" for Lynn M. Dannheisser, as City Attorney; Providing for an Effective Date. Action: [City Clerk's Note:A revised Resolution and the agreement was distributed at the meeting.] Acting City Clerk Hines read the title and Mayor Samson reported. Public Speakers: none 15 Summary Minutes:Regular City Commission Meeting lune 19,2003 City of Sunny Isles Beach,Florida Vice Mayor Edelcup moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No.2003-564 was adopted by a voice vote of 5-0 in favor. 9K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Terms and Conditions Set Forth in the Contract Attached as Exhibit "A" for Christopher J. Russo, as City Manager; Providing for an Effective Date. Action: [City Clerk's Note: The agreement was distributed at the meeting.J Acting City Clerk Hines read the title and Mayor Samson reported. Vice Mayor Edelcup noted that the City Attorney and City Manager will now be residing in the City. Public Speakers: none Vice Mayor Edelcup moved and Commissioner Goodman seconded a motion to approve the resolution. Resolution No.2003-565 was adopted by a voice vote of 5-0 in favor. 10. MOTIONS None 11. DISCUSSION ITEMS 11A. Add-On Planning and Zoning Director Vera asked that the City Commission set a date to have a Workshop regarding the Town Center Overlay District. It was decided to schedule it on Thursday, July 24, 2003 at 7:00 p.m. 11B. Add-On Commissioner.Kauffman will be out of town in December which conflicts with the December 18, 2003 City Commission meeting. It was decided to reschedule that City Commission meeting to Tuesday, December 16, 2003. 12. CITIZENS'FORUM:REQUESTS,PETITIONS&OTHER COMMUNICATIONS None 16 Summary Minutes:Regular City Commission Meeting June 19,2003 City of Sunny Isles Beach,Florida 13. ADJOURNMENT Mayor Samson adjourned the meeting at 11:25 p.m. Respectfnllly submitted by: Approved by the City Commission on July 17, 2003 tisk 7/7V -n fy-:iJane,'Ai'Hihes,Acting City Clerk David Samson, Mayor ea (3 rA J'' 17