2007 0118 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting January 18, 2007 City of Sunny Isles Beach, Florida Commissioner Goodman 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. Second reading, public hearing will be held on Thursday, February 15, 2007, at 7:30 p.m. V ote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Thaler yes Mayor Edelcup ~ 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-5 of the Land Development Regulations Relating to the Use of Submerged Lands for Density and Intensity Purposes; and Providing for Inclusion of the Term Submerged Lands in the Definitions Set Forth in Section 265-5 of the Land Development Regulations; Providing for Repealer; Providing for Severability; Providing for Applicability; Providing for Inclusion in the Code; Providing for an Effective Date. Action: [City Clerk's Note: Revised page 2 was distributed prior to the meeting.) City Clerk Hines read the title and City Attorney Ottinot reported. He stated that he provided members of the City Commission a copy of a lawsuit filed by Publix Supermarket, and in this lawsuit, Publix is claiming that they can use submerged lands located outside their property boundaries for density purposes. He said the purpose of this ordinance is to clarify and confer a decision that the City Commission made several years ago with respect to submerged land. Public Speakers: Clifford Schulman, Esq. Clifford Schulman, Esq., representing Publix, said they believe that the ordinance as it is written does allow Publix to take advantage of the language of the ordinance, to take advantage of its submerged land which it owns, and in that they could not reach an agreement. He said as a result they were compelled to file a law suit today which is a declaratory judgment which is not an action seeking damages against the City, it is an action seeking a judge, an impartial arbiter, to hear the City's position, hear their position, and make a judgment. He said this ordinance is in point of fact a modification because at this City Commission, he remembers if you own it, you can take advantage of it and Publix owns it, and this ordinance attempts to change that rule. Commissioner Iglesias said he had proposed the original ordinance and he had used his property and the Mayor's as examples. He said what he thinks the issue was for example, if a storm destroyed our seawall and instead of having l80-feet depth and the Mayor having l83- depth, we now have 170. He said that he has 10-feet of submerged land because of the hurricane and the Mayor has 13-feet, and he believes that they should not be penalized for that land that we own and we lost. He said it happens through the years because of tidal fluctuations on Sunny Isles Boulevard, we have been paying taxes on our property and if we lose it we have a right to use it, and that was his intent of that ordinance and he doesn't know if the ordinance needs clarification or not. Mayor Edelcup said that is the same as his, and to amplify what Commissioner Iglesias said, since we are on the waterfront and there is a state canal, he doesn't think they ever had the right to buy the land underneath the water that 5