City of Sunny Isles Beach Collins Avenue Sunny Isles Beach, Florida 33160

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1 City of Sunny Isles Beach Collins Avenue Sunny Isles Beach, Florida (305) City Hall (305) Fax MEMORANDUM TO: FROM: The Honorable Mayor and City Commission Jane A. Hines, CMC, City Clerk DATE: 1/21/2010 RE: Summary Minutes for the December 17, 2009 Regular City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the December 17, 2009 Regular City Commission Meeting. REASONS: N/A ATTACHMENTS: Summary Minutes Page 6

2 Page 1 of 9 SUMMARY MINUTES Regular City Commission Meeting Thursday, December 17, 2009, 6:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO 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 Vice Mayor Lewis J. Thaler Comm. Roslyn Brezin Commissioner Gerry Goodman (Absent) Commissioner George Bud Scholl [City Clerk s Note: Commissioner Goodman is out ill.] City Manager Rick Conner City Attorney Hans Ottinot Assistant City Manager/Services Jorge Vera City Clerk Jane A. Hines, CMC Assistant City Attorney Fernando Amuchàstegui 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Commissioner Scholl 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 November 19, 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 ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Additional Information: Item 12A. Renderings of South Collins Park System/Archway; and Item 12B. Renderings of Heritage Park General Layout Plans; Add-On: Item 10D. Resolution Supporting the Miami-Dade County Schools Legislative Initiative; and Item 10E. Resolution Changing the January 21, 2010 Regular Commission Meeting to January 28, Action: Mayor Edelcup noted the above changes to the agenda. Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve the above changes to the agenda. The motion was approved by a voice vote of Page 7

3 Page 2 of 9 5. SPECIAL PRESENTATIONS 5A. Presentation by Police Chief Fred Maas to Police Officer Albert Porro upon his Deployment to Afghanistan. Action: Chief Fred Maas stated that Police Officer Albert Porro is in the U. S. Army Reserves and his Unit has been deployed to Afghanistan. As the supervisor of his unit, the Army presented him with a coin of which Chief Maas had embedded into a plaque which was presented to him by Mayor Edelcup and the City Commission. 5B. Presentation by Mayor Norman S. Edelcup and Administrative Services Director Alyce Hanson to Winners of the Sunny Isles Beach Photo Contest for the City s 2010 Calendar. Action: Administrative Services Director Alyce Hanson gave a power point presentation of the winning photographs. Mayor Edelcup and Ms. Hanson presented plaques and gift bags to the following winners: Harry Frahm, Valeriy Bezhin, Adria Frede, Valentino Leidi, Robert Dumitrescu (lives in Paris, France, Frank Conningsberg accepted for him), Ira Dangleben (not here), William A. Wallace, Lyndsay Shenkle, Harri Lynne (not here), Virginia Fallon Fomier, Sam Matter (not here), and Luke Erickson. Ms. Hanson noted that the 2010 Calendars will be available on Monday, December 21, 2010, at no cost. 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 Section of the Land Development Regulations to Impose Occupancy Restrictions in Single Family Zoning Districts; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting that the proposed Ordinance prohibits more than three unrelated persons from living in a single family house. Public Speakers: None Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of Second reading, public hearing will be held on Thursday, January 28, 2010, at 6:30 p.m. Vote: Commissioner Brezin yes Commissioner Goodman absent Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) 2 Page 8

4 Page 3 of 9 None 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Enacting a New Section Entitled Short Term Rental of Single Family Dwellings, Requiring Registration of Short Term Rentals in Single Family Neighborhoods; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 11/19/09) Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting that the Ordinance was amended to include that the tenant will also register with the City. Public Speakers: None Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to adopt the ordinance, as amended. Ordinance No was adopted by a roll call vote of Vote: Commissioner Brezin yes Commissioner Goodman absent Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 9B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 212 of the City Code Relating to Construction Site Maintenance Standards; Providing for Severability; Providing for Inclusion in the Code; Providing for Repealer; Providing for an Effective Date. (First Reading 11/19/09) Action: City Clerk Hines read the title. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No was adopted by a roll call vote of Vote: Commissioner Brezin yes Commissioner Goodman absent Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 3 Page 9

5 Page 4 of RESOLUTIONS 10A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Revised Investment Policy of the City of Sunny Isles Beach, 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 Assistant City Manager/Finance Doug Haag reported noting that this Policy prohibits the City from doing business with companies that do business with terrorist nations. The Policy was reviewed in detail with our Investment Advisors, and we did some general housekeeping which will be done every two years. Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No was adopted by a voice vote of B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager or Designee to Enter into an Agreement with RMPK Funding for Professional Grant Writing Services, in an Amount Not to Exceed $15,000.00; 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 Assistant City Manager Haag reported. Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No was adopted by a voice vote of C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the First Addendum to the Agreement with Marlin Engineering, Inc., to Provide Consulting Civil Engineering Services for the Architectural/Structural Design of the Restaurant, Architectural Services, Mechanical, Lighting and Plumbing Design Services for the Newport Fishing Pier, in an Amount Not to Exceed $65,000.00, Attached Hereto as Exhibit A ; Authorizing the Mayor to Execute Said Addendum to Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. (Deferred from 10/15/09) Action: City Clerk Hines read the title, and City Manager Conner reported noting that we have received written commitment from DEP that if we conform to the guidelines that they have given us for the redesign, we will be issued a permit, and this is to accomplish that goal. He said that Dr. Cornfeld has agreed to pay his half of this fee. Marlin Engineering has committed to finishing all of the structural design by the last week in February 2010, and we will then be approved instantaneously, receive the permitting and move forward from there. 4 Page 10

6 Page 5 of 9 Mayor Edelcup noted that these funds are coming out of the original $4 Million budget and it is not increasing the cost of the project. He said to figure out how to disperse these funds, some now and maybe some in February, he would recommend that it be split. Commissioner Scholl moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No was adopted by a voice vote of D. Add-On A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Expressing Support for the Miami-Dade County Schools Legislative Initiative and Requests; Providing Directive to the City Clerk; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk s Note: Added to the agenda and distributed prior to meeting. See action under Item 4A.] City Clerk Hines read the title, and Vice Mayor Thaler reported. Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No was adopted by a voice vote of E. Add-On A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No Establishing a Schedule for City Commission Meetings for Calendar Year 2010, by Changing the January 21, 2010 Regular City Commission Meeting to Thursday, January 28, 2010; Providing for an Effective Date. Action: [City Clerk s Note: Added to the agenda and distributed prior to meeting. See action under Item 4A.] City Clerk Hines read the title, and Mayor Edelcup noted that this is administrative. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No was adopted by a voice vote of MOTIONS None 5 Page 11

7 Page 6 of DISCUSSION ITEMS 12A. Discussion regarding the South Collins Park System, Including the Possible Development of an Archway Entrance on Collins Avenue at the South End of the City. Action: [City Clerk s Note: Renderings of the South Collins Park System were distributed prior to the Meeting. See action under Item 4A.] Assistant City Manager Vera reported and presented a power point on the plan for the properties that the City has been purchasing south of 163 rd on the west side, and for the southern entryway to the City. Assistant City Manager Vera said the City will be requesting easements from Arlen House to widen that area along Collins Avenue to coincide with the Park area. Mayor Edelcup said there is an entranceway into the Arlen House, and Mr. Vera said that they are currently not using it and we will be discussing that with them. Commissioner Brezin said they are aware of that and it will be part of the discussion in the meeting when we are requesting the easement. Mayor Edelcup noted that there is also a bus shelter there, it needs to be inserted. Mr. Vera showed an aerial view wrapping around the entry of 158 th and that we will be taking a lot of that property, around 20-foot easements, we are going to be requesting all the way around, in some places a little more. It will be a nice exit and entryway for the City with lush landscape, and continue the same wall motif that we started in the Oceania Park area with the same lighted columns, etc. He said a project that they still have to get FDOT approval on is the archway going in and out of the City. The pillars that are holding the archway are within the private properties of the easements that we are going to request. It will have to go across to the other side and we will have to request an easement from the other property owners but they are going to be on City property. Commissioner Brezin asked about the section in the median and Mr. Vera said they will have to go to FDOT for that. Mayor Edelcup asked if that is still carrying out that same coral rock, and Mr. Vera said that is correct, everything is the same. Commissioner Brezin said the residents have concern regarding security and so that wall will have to be of a certain height where it would protect the residents. Mr. Vera said the wall would be about 6-feet high and would hide the parking area as well. The style and lighting would be the same. Mayor Edelcup said when we do this it will be divided into phases and we can figure it out much better. Mr. Vera said there is a continuous sidewalk/bike path running along Collins Avenue which will connect throughout the City. Mayor Edelcup noted that the sidewalk is being moved away from the curb for pedestrian safety. Mr. Vera said that we opened up the view into the water, we still kept the mixture of wall and columns with a regular fencing type, and the columns will be lit up like at Oceania. In the covered areas you will be able to play games such as bocce and chess. Mayor Edelcup noted in some of those areas where they are covered, not all of that is waterways, some is Poinciana Island, etc., and so there really isn t a need to have them all open, but certainly the areas that should be open are the fingers that run east and west. Mr. Vera instructed the designers to look at the area especially in the areas of homes where you have the wall. Vice Mayor Thaler said to put in as much covering as possible because that is a big complaint in our parks that there is not enough covering. The consensus of the Commission was that it was a very good concept with excellent renderings. 6 Page 12

8 Page 7 of 9 Mr. Vera said the next thing to do is for Commissioner Brezin to set up a meeting with the Board of Directors at the Arlen House, and Commissioner Brezin said yes, she was just waiting for the Commission to review the renderings, and at this point she has already discussed it with them and she is waiting to hear from the President of their Board of Directors, and they seem to be enthusiastic about it. Mayor Edelcup said City Manager Conner, Assistant City Manager Vera, and City Attorney Ottinot along with Commissioner Brezin should be at the Board meeting to address this. Mayor Edelcup said these are wonderful conceptual ideas and as we move forward we will have future meetings on this and at some point as we get more definitive we will have a public discussion concerning the development of the parks. As a timetable we don t anticipate starting until late next year and probably it will not be completed until the end of 2011 or the early part of It is a two-year project to get this series of parks on the west side of Collins Avenue at the south end of the City, and these will be the first major parks at that end of the City. Vice Mayor Thaler noted that we also have to wait until the leases run out in some of the stores. 12B. Presentation/Discussion regarding the Heritage Park General Layout Plan. Action: [City Clerk s Note: Renderings of the Heritage Park General Layout Plan were distributed prior to the Meeting. See action under Item 4A.] City Manager Conner presented three concepts for the amenities within Heritage Park for the Commission s direction in order to continue to work with the Consultants [Spillis Candella] and move forward. The first one included a basketball court, and the oval shaded area is the same square footage of open area as in Samson Oceanfront Park. The second concept did not have a basketball court which allowed more green space, there is a covered area for the tot lots on the south side, and there is room for another covered area in the north side. The covering would be the same type of coverings as are in the Town Center Park and Samson Oceanfront Park. Mayor Edelcup said we need to look into the type of covering as it was blown off at Town Center Park. City Manager Conner presented a third alternative moving the basketball court to the parking area under the Lehman Causeway. Mayor Edelcup said not to waste the great lawn otherwise we are back to a park no larger than Samson Oceanfront Park which is not big enough for development of a Jazz Festival, the basketball court has to be somewhere else and not within the great lawn area. Vice Mayor Thaler asked that a covering go up wherever possible. City Manager Conner said he has had several conversations with a FDOT rep and she was very supportive of the idea. It was the consensus of the Commission to go forward with the third Concept moving the basketball court to the parking area under the Lehman Causeway. Public Speakers: Lila Kauffman; Jeffrey Bercow, Esq. Lila Kauffman asked about various items throughout the City, including City parks, landscaping, new garages, etc., and where is the money coming from. Mayor Edelcup suggested that she make an appointment with the City Manager to explain the capital improvement projects that have been scheduled in this area for the past five or six years, and he noted that most of the money has been obtained through the TDRs. Attorney Jeffrey Bercow, representing Oceanview A & B Condominium Associations, noted 7 Page 13

9 Page 8 of 9 that they found out about this meeting a few days ago and there was not adequate time for them to prepare a full presentation, however, they have been meeting with the Administration this past week to address their concerns. The Associations position on Heritage Park and the Parking Garage is that they support the Park and they have no objection to the Parking Garage, however they strongly object to the proposed closing of the existing driveway on Collins Avenue, and the proposed access to the property by Galahad- Dade Boulevard. They think this change of access creates a safety hazard, and will degrade transportation, the level of service at the intersection of Collins Avenue and Galahad-Dade Boulevard. They also have a concern that the design of these plans, the way that the design affects the Ocean Reserve Easement area, legally interferes with Oceanview s easement rights. Their residents have been informed of the December 22 Public Hearing, and they will be attending and will be prepared to put on a full presentation regarding their concerns. 13. CITIZENS FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. Irina Chevaldine regarding small business development in the City. Ms. Chevaldine said she opened a small business here in the City, all the issues that she addressed were ignored and she was thrown out by Raanan Katz, and so she went to court. City Attorney Ottinot said that the City has resolved all of the outstanding issues with Ms. Chevaldine and the lawsuit was resolved by the Judge. He warned her that the Judge told all the parties that he will put this case in abeyance if all the parties behave according to the law, specifically, not to go out in public to either slander or libel anyone involved in the case, and if she continues to speak in that tone about RK Associates, that will be in direct violation of the Judge s direction. He said the Judge concluded that Ms. Chevaldine and her husband could come to any public area, visit any shopping center in the City without any problem from the City or RK Associates. He said he gave the Police Chief a copy of the Judge s Order, and indicated to him if there were any disputes between RK Associates and Ms. Chavaldine to contact him. Mayor Edelcup said then that City Attorney Ottinot is the point person and if there is any further problem to contact the City Attorney and he would follow the appropriate steps to make sure the City stays within its legal boundaries. 13B. Natalya Domalnov regarding small business development in the City. Ms. Domalnov said her business was constantly harassed by a Code Enforcement Officer, and that RK Associates did not like her. She stated that the Code Enforcement Officer needs to be reprimanded for not allowing her to run a proper business and for harassing people. City Attorney Ottinot suggested that she come in tomorrow and meet with the City Manager and we will conduct an internal investigation. 13C. Dimitre Chevaldine regarding small business development in the City. Mr. Chevaldine said he and his wife were thrown out by the Police upon the request of RK Associates, and City Attorney Ottinot said he had spoken to Mr. Chevaldine and told him he would not have any problem in this City unless he violates the law, and to contact him if he did have a problem. 8 Page 14

10 Page 9 of ADJOURNMENT Mayor Edelcup adjourned the meeting at 8:00 p.m. Respectfully submitted by: Approved by the City Commission on Jan. 21, 2010 Jane A. Hines, CMC, City Clerk Norman S. Edelcup, Mayor 9 Page 15