HomeMy WebLinkAbout2003-0918 Regular City Commission Meeting SUMMARY MINUTES
Regular City Commission Meeting
Thursday, September 18, 2003, 7:30 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 Samson at 7:34 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: Commissioner Kauffman led the Pledge of Allegiance to the flag.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting—July 17, 2003.
3B. Zoning Hearing— August 28, 2003.
3C. Emergency City Commission Meeting — September 4, 2003.
Action: Vice Mayor Edelcup moved and Commissioner Goodman 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 8C (TDR Ordinance) before Item 6A, and hand-outs included the
following: revised Ordinance No. 7D; revised page 5 of the Parking Authority Ordinance;
revised Ordinance No. 8C.2, TDR Ordinance; additional information on the purchase of
the new Community Shuttle Bus; and a request to Add-On Resolution Item 9M, an
agreement with The Miami Herald.
Action: Mayor Samson asked for a motion for the above changes.
Summary Minutes:Regular City Commission Meeting September IS,2003 City of Sunny Isles Beach,Florida
Vice Mayor Edelcup moved and Commissioner Goodman seconded a motion to approve
the above-mentioned changes to the agenda. The motion was approved by a voice
vote of 5-0 in favor.
5. SPECIAL PRESENTATIONS
5A. Introduction of Miss Florida USA 2003 Kristen Berset; and Introduction of Rina Tsohn,
a Sunny Isles Beach Resident Competing in the Miss Teen Florida USA 2004 Pageant.
Action: Bill Lone announced that Miss Florida could not be here tonight,and introduced
Mr. Grant Gravitt, President of Tel-Air Interests, Inc. Mr. Gravitt introduced Rina
Tsohn, a contestant in the Miss Teen Florida 2004 Pageant who lives in Sunny Isles
Beach, and her parents.
6. ZONING - ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. Request of Fortune Beach, LLC, Owner of the Property Located at 17001 Collins
Avenue, Sunny Isles Beach, Florida, for the Following ("Jade on the Beach"):
[Hearing#Z2003-081
1. Pursuant to Section 515 of the City of Sunny Isles Beach Land Development Regulations,
the applicant is requesting to transfer 124,991 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 57-story, 248-unit condominium.
Protests 0 Waivers 0 Ex-Parte 0
Action: 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 none.
Public Speakers: Judith Burke, Esq.; Carlos Ott, Architect; Kobi Karp, Architect;
Planning and Zoning Administrator Jorge Vera; Herbert Abramson; Casey Gabor;
Kathleen Kennedy; Bobbi Sweed; Mary Ann Eicke; Irving Diamond; Henry Kay; Cecile
Sippen
Judith Burke,Esq., representing the applicant, noted that this project has no vested rights
under any previous Zoning Code nor does it contain any requests for variances, special
exceptions,or other similar considerations, and that this is an as-of-right project. She also
noted that bonuses were utilized in order to enhance the project. She said that in addition
to the payment to the City in excess of$800,000.00 for the use of the bonuses, Fortune
Summary Minutes:Regular City Commission Meeting September 18.2003 City of Sunny Isles Beach,Florida
has provided a 10,000 square foot public ocean park. She said that Fortune designed the
20-foot public beach access on the south side of their parcel in order to align with
proposed development on the west side of Collins Avenue, and they also placed the beach
access at that location so that it could be combined with the access to be developed on the
north side of the adjacent parcel, therefore providing a combined 40-foot public access
way to the beach. She noted that she wanted to incorporate the comments made by Mr.
McDowell during the hearing on the TDR Ordinance (Item 8C) into the record of this
hearing as further expert testimony in support of the utilization of bonuses and TDRs.
Ms. Burke also stated that Fortune will pay the City for the use of the TDRs, an additional
sum of$6,622,642.00.
Kobi Karp, Architect, presented renderings and site plans of the project, noting that the
tower front setback is 150-feet (75-feet required) away from Collins Avenue providing
space for water fountains and landscaping which ascends up to the building as you
approach it; and created a promenade beach access walkway from Collins Avenue to the
beach. Mayor Samson asked how wide the access is to the beach,Mr. Karp answered 20-
feet; Mayor Samson asked how high is the garage, Mr. Karp said that the garage is
completely underneath the approach of 150-feet, he asked what the angle is as you walk
up from the street to the building, and Mr. Karp said that the approach is 150-feet and the
garage above the street is about 35-feet. Mayor Samson also asked what the side setback
on the building is and Mr. Karp said that 50-foot setback is required on each side. He
asked if that was from the tower or the base and Mr. Karp said the tower, from the base it
steps up from 50 to 36 to 23 and then to 10 feet. Mayor Samson asked how high is it from
the land base to the top of the garage and Mr. Karp said approximately 30-feet. Mayor
Samson asked that they redesign it to have a tall and skinny concept for the view corridor
to the beach. Mr. Karp said that the requirement for an open space on this project is going
to be about 40% and what they did was meet it and beat it by 150%, and so what happens
in order to get the tall and skinny, you have the side yard setbacks for the pedestal in order
to get the tall and skinny for the tower you have the side yard setback for the tower,
furthermore, they took that massing and they increased their height to get the building as
skinny as possible, met and beat the required setbacks, and provided open green space.
Mr. Karp stated that not only did they provide a view corridor to the water, but they
provided the access and the promenade to the water, they took all the parking that was
required and they set it 150-feet back from the street, and the sole purpose for that was to
create the tall and skinny,not only on the tower but on the pedestal as well, and to provide
as much green space to the front as possible and provided as much setback from the sides
as possible.
Commissioner Goodman said to Mr. Karp, if he turns the building around the other way,
we would have view corridors on both sides, and that Mr. Karp is talking about tall and
skinny going north and south, and we would like it to be tall and skinny going east and
west. Mr. Karp said that the problem is that the way this site sits, when he turns it 90-
degrees, he loses the front yard, and would have the steep slope effect. Commissioner
Goodman asked where the lobby was, you have four levels of garage,each level is 9-feet,
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Summ'ry Minutes:Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach,Florida
36-feet, after the fourth level, it must be on the fifth level, and Mr. Karp said that was
correct. Vice Mayor Edelcup asked him to explain the view corridor step up on the north
side,it doesn't look like there is a full 20-foot corridor,and Mr. Karp said that the parking
garage steps in as you go up, it steps in on the sides and on the front, and the setback on
the north meets the requirements. He noted that they are providing valet to make parking
more sufficient and the parking pedestal as small as possible, and that this is as much as
they can give because they are giving a lot of parking in the front,and compact as possible
on the side.
Vice Mayor Edelcup asked to show where the park is on the site plan, and Mr. Karp said
that when you get to the beach area,the area between the bulk head line and the dune line
is defined as the 10,000 square foot park area. Vice Mayor Edelcup noted that this will be
a public park, and asked how a resident would access into it, and Mr. Karp said they
would go through the promenade. Commissioner Goodman asked Mr. Karp who was
going to maintain the park, and if they will pay the City to maintain it, and Mr. Karp said
that is correct.
Commissioner Goodman asked if this is considered in the VE Zone seeing how there is
only a small area on both sides of the garage, and Mr. Karp said according to the survey
that they are penetrating the VE Zone a little bit but they kept it at grade and kept the
garage as low as possible to resolve that. Commissioner Iglesias said that the VE Zone is
not a problem on large lots. Vice Mayor Edelcup noted that the driveways do not exactly
line up with the traffic lights. Commissioner Iglesias said that the bottom line is that
FDOT will not allow you to build anything unless you meet their regulations.
Commissioner Iglesias cautioned that the higher the garage,the less desirable the building
is. Vice Mayor Edelcup asked if there were any shadow studies done on this project and
Mr. Karp said no, but when they first did the massing, they went this way because it
creates more of a sundial effect.
Jorge Vera, Planning and Zoning Administrator,reported that all requirements have been
met, and recommended approval with staff conditions, and that there are several
conditions. He noted that for the approval of the TDRs, the applicant will need an
updated appraisal which they already have, but they will have to come back before the
Commission to get an approval on the amount; provide landscaping, streetscape
easements,provide 10,000 square foot park in the rear, provide declaration of restrictions
recordable to the City, the bonuses which totals $803,040.00 for a total increase of 1.5
FAR,to meet their DERM requirements,Fire requirements,FDOT,DEP requirements,no
building permit shall be issued unless they have met all of these requirements and paid all
the fees and bonuses to the City, and basically in-house time to submit plans, to have an
account open, consultants to be reimbursed by them, and they need to provide 24-hour
valet service.
Commissioner Goodman asked if they could provide bathrooms and showers in the
10,000-foot public park in the back. City Attorney Dannheisser stated that the
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Summary Minutes:Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach,Florida
Commission could make this a condition. Mayor Samson and Commissioner Iglesias
agreed with Commissioner Goodman, and Ms.Burke said that they would agree with that
condition subject to getting all the necessary permits from the State and DERM that might
be required in order for that to be done. Mr. Vera noted that anything that you put beyond
the bulkhead more than likely DERM and the State would not allow it, you will have to
keep it on the other side of the bulkhead. Commissioner Goodman said to build it on the
beach access, and City Manager Russo said that we just went through that with Ocean II,
we backed the bathrooms off the VE Zone line for that purpose but that was much wider
(70-80 feet) and we just met the requirements, and this beach access is only 20-feet.
Mayor Samson asked if we could just put into the approval to provide bathrooms and
showers if possible. Vice Mayor Edelcup suggested putting the two beach accesses
together making one 40-foot beach access. Mayor Samson asked Mr. Karp if it was
possible to move it back into their property, and Mr. Karp said that Commissioner
Goodman had a good point and that it could be incorporated and make it a condition.
City Manager Russo said to let them try to design it into the back of the building facing
the public area, and Mr. Karp said they would work it out with staff.
Commissioner Goodman noted that he did not have enough time to go through the blue
prints and understand them, and asked for a deferral. Vice Mayor Edelcup said one of the
things that we can consider in the future is when we review these plans that we spend
more time in open hearing where the staff walks us through it, and we need to work
towards improving the method in which we do these things. Commissioner Iglesias
suggested perhaps the Commission can receive these plans two weeks ahead of time.
Mayor Samson said we should have one meeting per zoning item.
City Attorney Dannheisser asked for clarification and asked to bring back this Resolution
at the next meeting for final approval and she will send a draft copy to the Commission
because she has a number of conditions to include.
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion for
approval,subject to staff conditions, and put in bathrooms and showers if possible,
and bring back the Resolution to the City Commission for final approval. The
motion was approved by a roll call vote of 5-0 in favor.
Vote: Commissioner Goodman ves
Commissioner Iglesias ves
Commissioner Kauffman ves
Vice Mayor Edelcup ves
Mayor Samson ves
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
Summary Minutes:Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach,Florida
Definitions; Providing for Consent of Property Owners; Providing for Warning to
Vehicle Owners; Providing for Registration,Procedures for Towing and Storage Firms,
Prohibited Practices and Procedures,Suspension and Revocation of Licenses;Providing
for Severability Clause; Providing for an Effective Date.
(Deferred from 6/19/03)
Action: Acting City Clerk Hines read the title and City Attorney Dannheisser reported.
Public Speakers: none
City Manager Russo asked that we provide a requirement, if we can legally, that other
than cash be accepted, such as credit cards and checks. Vice Mayor Edelcup said he
objects to the inclusion that we interfere with the contractual arrangements between the
owner of the property and the towing company, and wants IC from Section 5 stricken.
Commissioner Iglesias was concerned that after the vehicle is hooked up and the owner
returns before it is towed, the towing company should unhook the vehicle without charge,
and City Attorney said that this is covered in Section 3. City Manager Russo said we can
amend it by adding "prior to the towing/removal from the premises." Vice Mayor
Edelcup would like to add that credit cards or checks also be accepted, and City Attorney
Dannheisser will check the State Statute. Commissioner Goodman would like this
publicly advertised, after adoption, to the Condominiums as well.
Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve
the proposal on first reading, as amended. The motion was approved by a roll call
vote of 5-0 in favor. Second reading, public hearing will be held on Thursday,
October 16, 2003, at 7:30 p.m.
Vote: Commissioner Goodman ves
Commissioner Iglesias ves
Commissioner Kauffman yes
Vice Mayor Edelcup yes
Mayor Samson ves
7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Ordinance No.99-75,Ordinance No. 2001-142,and Ordinance No.2003-169,
Entitled "Flood Damage Prevention"; Providing for Amendment of Definitions,
General Provisions and Administration; Amending Conditions for Variances;Providing
for Severability, Providing for Repealer; Providing for Inclusion in the Code and an
Effective Date.
Action: Acting City Clerk Hines read the title and Building Official/Administrator
Clayton Parker reported that FEMA developed a new model Ordinance,therefore the last
Ordinance we adopted had to be amended with a few minor changes, and that two new
sections were added,on page 16 of Ordinance Section 5(d), and on page 19 Section C(5),
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Summary'Minutes:Regular City Commission Meeting September I8,2003 City of Sunny Isles Beach.Florida
which do not effect the City.
Public Speakers: none
Commissioner Goodman moved and Vice Mayor Edelcup 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, October 16,2003,
at 7:30 p.m.
Vote: Commissioner Goodman ves
Commissioner Iglesias ves
Commissioner Kauffman ves
Vice Mayor Edelcup ves
Mayor Samson ves
7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Section 703.2.2(d) of the Land Development Regulations to Allow
"Government-Owned"Facilities as a Permitted Use;and Adding 703.2.5,Providing
for Certain Exemptions from Site Development Standards;Providing for a Repealer;
Providing for Severability; Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and City Attorney Dannheisser reported.
Public Speakers: none
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, October 16, 2003,
at 7:30 p.m.
Vote: Commissioner Goodman yes
Commissioner Iglesias yes
Commissioner Kauffman yes
Vice Mayor Edelcup yes
Mayor Samson yes
7D. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Repealing Ordinance No. 2003-171 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.
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Summary Minutes:Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach,Florida
Action: [City Clerk's Note: Amended Ordinance handed out with an effective date
change.] Acting City Clerk Hines read the title, and Mayor Samson and City Attorney
Dannheisser reported that the effective date has been amended to become effective ten
days after adoption.
Public Speakers: Mary Ann Eicke; Bud Scholl; Henry Kay; Cecille Sippen
Commissioner Iglesias said that he is opposed to this Ordinance because we still have
100-foot lots and some fall within the VE Zone, however he feels that we can find a
median which he believes will work. He suggested to allow 5-feet of open-air beach
access if and only if they fall in the VE Zone. He said by repealing this, you will get
bigger garages.
Vice Mayor Edelcup moved and Commissioner Goodman seconded a motion to approve
the proposal on first reading, with amended effective date. The motion was
approved by a roll call vote of 3-2 in favor (Commissioner Iglesias and
Commissioner Kauffman opposed). Second reading,public hearing will be held on
Thursday, October 16, 2003, at 7:30 p.m.
Vote: Commissioner Goodman ves
Commissioner Iglesias no
Commissioner Kauffman no
Vice Mayor Edelcup ves
Mayor Samson ves
8. ORDINANCES FOR SECOND READING (Public Hearings)
8A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Repealing Ordinance Number 2002-150, Creating a New Ordinance Entitled
"Parking Authority" Establishing Parking and No Parking Areas Within the City;
Providing for a Purpose; Providing for Definitions; Providing for the Designation of the
Parking and No-Parking Areas Within the Public Rights-of-Way;Providing for Resident
Only Parking Areas;Providing for Permit Parking Through the Issuance of Decals by the
Code Enforcement and Licensing Department; Providing for Permit/Decal Fees for
Metered and Non-Metered Parking; Providing for the Revocation of Permits/Decals;
Providing for Renewal of Parking Permits/Decals; Providing for Exclusion of Certain
Types of Vehicles; Providing for Hours of Operation; Providing for Enforcement and
Collection of Fees; Establishing an Hourly Meter Rate; Providing for Term,Transfer or
Replacement of Permits/Decals; Providing for the Authority of the City Manager to
Designate Parking and No Parking Zones; Providing for Penalty for Violations;
Providing for Exemptions; Providing for Severability; Providing for Inclusion in Code;
Providing for an Effective Date.
(First Reading 7/17/03)
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Summary Minutes:Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach,Florida
Action: [City Clerk's Note: Amended page 5 of the Ordinance handed out.] Acting
City Clerk Hines read the title and Code Enforcement &Licensing Director Christopher
Steers reported noting that there were two minor amendments on page 5 of the Ordinance,
adding the beach access parking area at approximately 192s Street, and the additional
metered parking, permit and disabled parking spaces that are on the south side of 174th
Street and North Bay Road.
Public Speakers: none
Mayor Samson asked how are we going to control the parking, and Commissioner
Kauffman asked if additional staff people have been hired for this. City Manager said it
has been approved for the parking enforcement people program and that we are recruiting
for it right now. Mr. Steers noted that interviews will begin next week.
Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to adopt the
ordinance,as amended. Ordinance No.2003-177 was adopted by a roll call vote of 5-
0 in favor.
Vote: Commissioner Goodman ves
Commissioner Iglesias ves
Commissioner Kauffman ves
Vice Mayor Edelcup ves
Mayor Samson ves
8B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending the Land Development Regulations of the City of Sunny Isles Beach to
Modify Chapter 5,Section 501,Procedures of General Applicability;Providing for a
Repealer; Providing for Severability and Providing for an Effective Date.
(First Reading 7/17/03)
Action: Acting City Clerk Hines read the title and City Attorney Dannheisser reported
noting that this is to tighten up the regulations for submitting information on zoning
applications and setting forth time periods within which things must be submitted, and
adding a new section that refers to fees and bonuses and requires that no permit shall be
issued until all fees and bonuses have been paid.
Public Speakers: none
Commissioner Kauffman moved and Commissioner Goodman seconded a motion to
adopt the ordinance. Ordinance No. 2003-178 was adopted by a roll call vote of 5-0
in favor.
Vote: Commissioner Goodman yes
Commissioner Iglesias yes
Commissioner Kauffman ves
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Summary Minutes:Regular City Commission Meeting September IS.2003 City of Sunny Isles Beach,Florida
Vice Mayor Edelcup ves
Mayor Samson ves
8C. Sitting in as the Local Planning Agency and the City Commission, to Consider an
Ordinance Amending the Land Development Regulations (LDRs)
8C.1 A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida,
Recommending to the City Commission of Sunny Isles Beach,the Ordinance Repealing
Section 515 of the Land Development Regulations, Relating to Transfer of
Development Rights; Providing for Definitions;Providing for Establishing of Sending
and Receiving Districts and Rights Transferred; Providing for Density and Intensity
Calculations; Providing for the Imposition of Development Limitations; Identifying
Disqualified Land; Providing the Procedures Pertaining to Transfer of Development
Rights; Providing for the Creation of a Transfer of Development Rights Bank,Attached
hereto as Exhibit "A"; Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and City Attorney Dannheisser reported.
Public Speakers: Carter McDowell, Esq.; Clifford Schulman, Esq.
City Attorney Dannheisser noted some changes that were pointed out to her by Mr.
Clifford Schulman,Esq., that would be beneficial to make, for example, we have in some
sections talked about a transfer by a warranty deed and in other sections we talk about a
perpetual deed restriction or easement, and we want to make that consistent. City
Attorney Dannheisser felt that it should be in the form of the perpetual deed restriction or
easement, because it would keep the property on the City's tax roll although allow for the
public purpose. City Attorney Dannheisser also noted that the other change that she
would propose is to delete the reference that if there is a change to the conditions of
acceptance of TDRs, that it would be by the Commission that was involved in the initial
approval, and the Commission agreed. City Attorney Dannheisser said that this is
discretionary, and that the Commission may make the decision as to whether or not this
benefits this site and accomplishes the goals of the Comprehensive Plan and the Land
Development Regulations.
Commissioner Goodman noted that in the TDRs it says when you are selling the TDRs it
must be for the best interest of the City,and City Attorney Dannheisser agreed noting that
when you are selling those rights from the City, it will come from a bank that has been
secured from sites that were previously zoned and are now parks or publicly owned
facilities. Vice Mayor Edelcup said that the benefits would be an enhancement above
something that otherwise would be there without the TDRs. City Attorney Dannheisser
said that there are some prescriptions too like you can't grant these without having the
kind commit in parking to go along with the increased density or intensity. Mayor
Samson asked if there was a time limit to use these TDRs, and City Attorney Dannheisser
answered yes, five (5) years.
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Summary Minutes:Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach,Florida
Vice Mayor Edelcup suggested that we have a workshop soon to talk about what the
criteria of enhancements could be so that we can get a general feel of what we are talking
about and being able to apply it uniformly to various applicants as they come before us.
Carter McDowell, Esq. on behalf of Stanley Price, Esq., stated for the record that it is
clear that the establishment of TDR ordinances is not only permitted and authorized by
State Statute but encouraged. He stated that in the City's Comprehensive Plan, in
reference to Policy 15C which says that within one year as required by law, the City was
to adopt a comprehensive set of land development regulations, and it goes on to say such
regulations shall include transfer of development rights. He stated that he is here to
support it, and to reiterate on the record that it is a very well recognized and supported
legal mechanism that is used in land development regulations nationwide.
Clifford Schulman, Esq., noted that what this Ordinance now allows the City to do is
basically utilize your TDRs but if you don't use them, they go into the bank. He noted
that the Ordinance as presently written basically says that the bank account lasts up to five
(5) years and the intent of the TDRs is to encourage developers to basically utilize TDRs
by way of moving their density, making contribution in either cash to the City or a public
space. He stated that the five-year period is not a long period as the real estate cycle
basically goes in seven-year periods historically, because it takes four to five years to get
through the zoning process, site plan approval process, platting process, building permit
process, and building process. Mr. Schulman suggested that the five-year period is short
and should be changed to a minimum of a seven-year period.
City Attorney Dannheisser explained that if a developer contributes the rights into the
bank and does not utilize it within five years, that developer forfeits it and the City gets
the benefit of it without having the development rights. Vice Mayor Edelcup stated that
we could adopt now at five years and if economic conditions warrant it, we can always
amend it in the future.
Vice Mayor Edelcup moved and Commissioner Iglesias seconded the motion. LPA
Resolution No. 2003-08 was adopted by a voice vote of 5-0 in favor.
8C.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Repealing Section 515 of the Land Development Regulations, Relating to Transfer of
Development Rights; Providing for Definitions; Providing for Establishing of Sending
and Receiving Districts and Rights.Transferred; Providing for Density and Intensity
Calculations; Providing for the Imposition of Development Limitations; Identifying
Disqualified Land; Providing the Procedures Pertaining to Transfer of Development
Rights;Providing for the Creation of a Transfer of Development Rights Bank;Providing
for a Repealer; Providing for Severability; Providing for an Effective Date.
(First Reading 8/28/03)
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Summary Minutes:Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach.Florida
Action: [City Clerk's Note: Amended Ordinance handed out.j Acting City Clerk Hines
read the title and City Attorney Dannheisser reported.
Public Speakers: Carter McDowell, Esq.; Clifford Schulman, Esq.
Carter McDowell, Esq., and Clifford Schulman,Esq.,reiterated their above comments for
this Ordinance.
Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to adopt
the ordinance,as amended. Ordinance No.2003-179 was adopted by a roll call vote
of 5-0 in favor.
Vote: Commissioner Goodman Yes
Commissioner Iglesias ves
Commissioner Kauffman ves
Vice Mayor Edelcup ves
Mayor Samson ves
9. RESOLUTIONS
9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Accepting the Results of the General Election Which Was Held on Tuesday,
September 9, 2003 and Declaring Lewis Thaler to be Elected; Declaring Danny
Iglesias as Commissioner Who Was Automatically Elected, Having No Opponents;
Discharging the Canvassing Board for Said General Election;Providing for an Effective
Date.
Action: Acting City Clerk Hines read the title.
Public Speakers: none
Vice Mayor Edelcup moved and Commissioner Goodman seconded a motion to
approve the resolution. Resolution No.2003-588 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,
Amending Resolution No. 2003-571 Establishing a Revised Schedule for City
Commission Meetings for the Remainder of Calendar Year 2003, by Adding a
Special City Commission Meeting on Wednesday, October 8, 2003, at 7:00 p.m., for
Swearing in of Newly Elected or Re-Elected City Commissioners; Providing for an
Effective Date.
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Action: Acting City Clerk Hines read the title.
Public Speakers: none
Vice Mayor Edelcup moved and Commissioner Goodman seconded a motion to
approve the resolution. Resolution No.2003-589 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,
Authorizing Vice Mayor Edelcup as the City's Delegate to the Miami-Dade League of
Cities and Commissioner Goodman as the Alternate to Attend Meetings During the
2003/04 Budget Year; Providing. for an Effective Date.
Action: Acting City Clerk Hines read the title and reported.
Public Speakers: none
Mayor Samson passed the gavel and moved and Commissioner Iglesias seconded a
motion to designate Norman S.Edelcup as the delegate and Gerry Goodman as the
alternate,and to approve the resolution. Resolution No.2003-590 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,
Establishing a Schedule for City Commission Meetings for Calendar Year 2004;
Providing for an Effective Date.
Action: Acting City Clerk Hines read the title.
Public Speakers: none
Mayor Samson asked that if we have a quorum we should go ahead and hold the meeting
as scheduled.
Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to
approve the resolution. Resolution No. 2003-591 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 Amendment No.4 to Agreement by and between the City of Sunny Isles
Beach and Vila & Son Landscaping Corp., for Landscaping Services for Gilbert
Samson Oceanfront Park, in an Amount of $67,948.90, Attached Hereto as Exhibit
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Summary Minutes:Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach.Florida
"A";Authorizing the Mayor to Execute Said Amendment;Authorizing the City Manager
to Do All Things Necessary to Effectuate the Terms of Amendment No.4; 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.2003-592 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,
Authorizing the City Manager to Apply for, Receive, and Expend Funds from a
Bureau of Justice Assistance,Local Law Enforcement Block Grant,in the Amount
of $14,205.00, with the City Providing Matching Funds in an Amount of $1,578.00,
Representing the Required 10% Match, for the Purchase of Computer Hardware;
Authorizing the City Manager to Apply for,Receive,and Expend Funds,as Appropriate,
Without Further Approval of this Commission; Providing for an Effective Date.
Action: Acting City Clerk Hines read the title.
Public Speakers: none
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to
approve the resolution. Resolution No.2003-593 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 the Purchase of a New Community Shuttle Bus from Atlantic Bus Sales,
Under a State of Florida Government Contract No. FVPP-02-CA-3, in the Amount of
$80,264.00 '. _..ee • . .. : - . : -- • • • e -• . : to
be Paid for with Funds Provided to the City by the People's Transportation Plan 1/2%
Surtax; Authorizing the City Manager to Do All Things Necessary to Effectuate the
Terms of this Resolution; Providing for an Effective Date.
Action: [City Clerk's Note: Additional information handed out.] Acting City Clerk
Hines read the title and Cultural and Human Services Director Susan Simpson reported
that a revised purchase order was handed out with the correct price of$80,264.00.
Public Speakers: none
City Manager Russo stated that the bus has custom seats,closed circuit television system,
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Summary Minutes: Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach,Florida
a better wheelchair lift system, more comfortable seats, 24 seats with two wheelchair
capability, or 26 seats. Commissioner Goodman asked if we already received the money
for this and Ms. Simpson answered yes and that we have received $151,248.00.
Commissioner Goodman asked if we will be purchasing more buses and City Manager
Russo said that eventually we will be replacing three buses and keep the best of the two
Ford Chassis Buses as a spare. Mayor Samson asked that when we get enough new buses
that we amend the schedule to add services to the hospital and add Sundays.
Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve
the resolution,as amended. Resolution No.2003-594 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,
Approving a Consignment Agreement between the City of Sunny Isles Beach and
Atlantic Bus Leasing,Inc., to Dispose of Shuttle Bus No. 9910, a 22-Passenger Euro-
Lite Legacy Shuttle Bus, with the Condition that Atlantic Bus Sales will Purchase the
Bus After 150 Days if no Other Offer is Made; 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: City Manager reported that this is a contract for sale of one of the old buses.
Public Speakers: none
Commissioner Kauffman moved and Vice Mayor Edelcup seconded a motion to
approve the resolution. Resolution No.2003-595 was adopted by a voice vote of 5-0
in favor.
91. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Establishing Necessity to Acquire Property Located at 19142 Collins Avenue,Sunny
Isles Beach,by Condemnation; Providing the City Manager and the City Attorney with
the Authority to Acquire the Property by Purchase or Condemnation;Providing the City
Manager and the City Attorney with the Authority to Initiate an Eminent Domain Action
and 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 that this
is the property on Atlantic Boulevard and Golden Shores on the northeast side of the
Golden Shores Park. He noted that by necessity we need to pass this resolution to move
forward but we are keeping the lines of communication open to negotiate a price for the
property to continue and complete the planning for park needs in the Golden Shores area.
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Summary Minutes:Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach,Florida
Public Speakers: none
Mayor Samson asked City Manager Russo if he has talked to the owners after they turned
down his original offer, and he answered that after they met with them, they wrote to
them formally with an offer and received a response back from their representative
rejecting it. City Manager Russo communicated again with their representative to
explain to them about tonight's resolution and invited them to be in attendance.
Commissioner Iglesias moved and Vice Mayor Edelcup seconded a motion to approve
the resolution. Resolution No.2003-596 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,
Approving Conceptual Plans for the 192"d Street Beach Access Point as Prepared by
O'Leary Design Associates, P.A.: Providing the City Manager with the Authority to Do
All Things Necessary to Effectuate the Intent of this Resolution; Providing for an
Effective Date.
(Deferred from 7/18/02)
Action: Acting City Clerk Hines read the title and City Manager Russo reported and
presented the Conceptual Plan prepared by O'Leary Design Associates, P.A.
Public Speakers: Cecile Sippen
Commissioner Goodman asked who owned that beach access and City Manager Russo
said that the City owns it. Commissioner Goodman noted that the City is building a
bathroom at Ocean II, which would alleviate the situation that we have had at 192d
Street. He asked if it would be possible in the future to consider putting a bathroom here,
and City Manager Russo didn't think it would be wide enough to maintain the required
access for the big equipment when they do the beach renourishment.
Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No. 2003-597 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,
Approving an Agreement by and between the City of Sunny Isles Beach and the
Firm of Calvin,Giordano &Associates,Inc.for Surveying,Engineering Design and
Construction Inspection Services for the Resident Only Parking Adjacent to the
City's Passive and Active Parks on North Bay Road, in an Amount Not to Exceed
$20,000.00, plus Reimbursement of$2,000.00 $28,677.00 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.
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Summary Minutes:Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach,Florida
Action: Acting City Clerk Hines read the title and Code Enforcement and Licensing
Director Christopher Steers reported.
Public Speakers: none
Commissioner Iglesias felt this was too expensive and suggested that it should not be
more than $20,000.00, including reimbursement of$2,000.00.
Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve
the resolution,as amended. Resolution No.2003-598 was adopted by a voice vote of
5-0 in favor.
9L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Supporting the Florida Free Trade Area of the Americas (FTAA) Efforts to Promote
Miami as the Natural Location for the Permanent Secretariat of the Free Trade
Area of the Americas; Providing for an Effective Date.
Action: Acting City Clerk Hines read the title.
Public Speakers: none
Commissioner Goodman moved and Commissioner Iglesias seconded a motion to
approve the resolution. Resolution No.2003-599 was adopted by a voice vote of 5-0
in favor.
9M. Add-On:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving an Agreement between the City of Sunny Isles Beach and The Miami Herald
Publishing Company, for Retail Advertising Services; Providing the Mayor the
Authority to Execute Said Agreement; Providing the City Clerk and 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 reported.
Public Speakers: none
Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No. 2003-600A was adopted by a voice vote of 5-0 in
favor.
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Summary Minutes:Regular City Commission Meeting September 18,2003 City of Sunny Isles Beach,Florida
10. MOTIONS
None
11. DISCUSSION ITEMS
11A. Discussion regarding the Countdown Pedestrian Signal Test on the North Crosswalk at
Collins Avenue and 174th Street.
Action: City Manager Russo announced that FDOT placed a countdown pedestrian
signal on the crosswalk at the north side crosswalk on Collins Avenue and 174h Street
and invited residents to forward any comments to him.
11B. A Presentation by Calvin, Giordano& Associates, Inc. regarding the Reconstruction of
172nd Street.
Action: City Manager Russo requested that this item be deferred.
12. CITIZENS'FORUM: REQUESTS,PETITIONS &OTHER COMMUNICATIONS
13. ADJOURNMENT
Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to adjourn the
meeting.The motion was adopted by a voice vote of 5-0 in favor and the meeting was
_adjourned at 10:45 p.m.
Respectfullytsubmitted by: Approved by the City Commission on Oct. 23, '003
•
WWI
0 Jane Al. Hines, City Clerk Nov an S. Edelcup, Mayor
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