HomeMy WebLinkAbout2002 0514 Regular City Commission Meeting
SUMMARY MINUTES
Regular City Commission Meeting
Tuesday, May 14,2002,7:30 p.m.
CITY OF SUNNY ISLES BEACH, FLORIDA
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AGENDA
1. CALL TO ORDERlROLL CALL OF MEMBERS
The meeting was called to order by Mayor Samson at 7:32 p.m., with the following
officials present:
Mayor David Samson
Vice Mayor Danny Iglesias
Commissioner Norman S. Ede1cup
Commissioner Gerry Goodman
Commissioner Lila Kauffman
City Clerk Richard Brown-Morilla
Deputy City Attorney Hans Ottinot
City Zoning Director Jorge Vera
2. PLEDGE OF ALLEGIANCE AND INVOCATION
Action: City Clerk Brown-Morilla led the Pledge of Allegiance to the flag, and Richard
Schulman gave an invocation.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting - April 18, 2002.
3B. Special City Commission Meeting - May 7,2002.
Action: Commissioner Kauffman moved and Commissioner Ede1cup 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 (AdditionslDeletions/Amendments)
4A. Order of Business (7 A, 90, 6C, 6D); additional information (6A, 6B and 9H).
Action: Mayor Samson requested a motion to change the order of business after item
5A, to briefly hear item 7 A (Ordinance for $3 million Bond), followed by 9G (Resolution
for Financial Advisory Svcs.), then hear items 6C and 6D (requests for deferral from
Williams Island Ocean Club, Acqualina), then return to item 6A; and to consider the
documents submitted for items 6A, 6B and 9H. Commissioner Kauffman moved and
Summary Minutes: Regular City Commission Meeting
May 14, 2002
City of Sunny Isles Beach, Florida
Commissioner Ede1cup seconded a motion to amend the agenda as requested by the
Mayor. The motion was approved by a voice vote of 5-0 in favor.
Stanley Price, Esq. requested that he be allowed to present a request for withdrawal of
item 6B, since he has to attend an 8:00 p.m. hearing in Surfside. Vice Mayor Iglesias
moved and Commissioner Edelcup seconded a motion to hear item 6B first out of order
after item SA. The motion was approved by a voice vote of 5-0 in favor.
5. SPECIAL PRESENTATIONS
SA. Police Employee of the Month for May 2002 - Senior Office Assistant Yael Londono.
Action: Police Chief Fred Maas introduced Lt. Tina Radcliff who read the proclamation
for Senior Office Assistant Yael Londono as Police Employee of the Month for May
2002 and presented her with a certificate, and a check. Lt. Rick Feisthammel as Co-
Chairperson of the Citizens Public Safety Advisory Committee of Sunny Isles Beach also
presented Ms. Londono with a certificate, and a check.
6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. Request of Sea Breeze Ocean Developers, LLC, Owner of the Property Located at
16201-16251 Collins Avenue, Sunny Isles Beach, Florida, for the Following:
[Hearing #Z200 1-05]
1. Special Exception to permit the temporary storage of fill, storage containers on site.
2. Unusual Use to permit temporary parking for construction personnel in a zone more
restrictive than the use it serves.
3. Non Use Variance of Sign Regulations to permit 2 detached signs 72 square feet
each (2 detached signs 24 square foot each permitted).
Protests
1
Waivers
o
Ex-Parte
o
Action: [City Clerk's Note: One (1) protest letter was distributed, and George Berlin
submitted a written request to withdraw requested item #3.J Mayor Samson read a
statement regarding procedure and decorum. City Clerk Brown-Morilla read the
applicant's name, hearing number and location. He asked if there were any ex-parte
disclosures, and there were none. Deputy City Attorney Ottinot read a disclaimer, and
Mayor Samson opened the public hearing.
Public Speakers: George Berlin; Philip Ward; Jorge Vera
Philip Ward requested withdrawal without prejudice of their requested item #3, non-use
variance of sign-Regulations.
Mayor Samson expressed his willingness to approve the application based on the staff
recommendation, provided that the area be fenced-off immediately, with a fence meeting
the appropriate code height, and that it be painted to enhance our area, like the Trump
Grande and also Acqualina fences, and that the site has to be watered every day to
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City of Sunny Isles Beach, Florida
minimize blowing sand or soil.
Jorge Vera read his zoning report, and noted that the applicant had withdrawn request
#3 for signage.
Speaking for the applicant, George Berlin expressed his willingness to comply with the
Mayor's requests, although he doubted the need for daily watering. In response to a
question, he said they shared the Mayor's goal of seeing the construction of Oceania 5
completed soon.
Vice Mayor Iglesias moved and Commissioner Kauffman seconded a motion to approve
the revised request with zoning staff conditions. The motion was approved as
Resolution No. 02-Z-68, by a voice vote of 5-0 in favor.
6B. Request of LMD Associates, L TD, Owner of the Property Located at the Southeast
Corner of 183rd Street and North Bay Road, Sunny Isles Beach, Florida, for the
Following:
[Hearing #Z2001-08]
1. Special Exception to permit the temporary storage of fill, materials on site.
2. Unusual Use to permit temporary parking for construction personnel and
construction trailers in a zone more restrictive than the use it serves.
Protests 3
Wai vers
o
Ex-Parte
o
Action: [City Clerk's Note: Three (3) protest letters were distributed.] Mayor Samson
read a statement regarding procedure and decorum. City Clerk Brown-Morilla read the
applicant's name, hearing number, location and the Mayor opened the public hearing.
Deputy City Attorney Ottinot read a disclaimer
Pub.fic Speakers: Stanley Price, Esq.
Mr. Price representing the applicant, requested withdrawal without prejudice of the
requested item, and that they have 60 days to come into compliance.
Vice Mayor Iglesias moved and Commissioner Ede1cup seconded a motion for approval
of the request by Mr. Price. The motion for withdrawal without prejudice was
approved as Resolution No. 02-Z-69, by a voice vote of 5-0 in favor.
6C. Request of Williams Island Ocean Club, Inc., Owner of the Property Located at 17875
Collins A venue, Sunny Isles Beach, Florida, for the Following:
[Hearing #Z2001-11]
1. Modification of Condition IB and 1J of Resolution 00-Z-46 passed and adopted
by the City Commission of the City of Sunny Isles Beach on the 13th day of April,
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City of Sunny Isles Beach, Florida
2000 reading as follows:
From: 1B
Plans are on file and may be examined in the Building, Planning and
Zoning Department entitled "Williams Island Sunny Isle Condomimum",
prepared by Robert M. Swedroe Architects - Planners dated stamped
received 3/20/2000 consisting of 26 sheets.
Plans are on file and may be examined in the Zoning Department entitled
"Acqualina", prepared by Robert M. Swedrow Architects-Planners
consIsting of Index of Drawing sheet, Site Plan, sheet A-I, A-2, A-3
dated stamped recei ved 11-26-01.
From: 11 That the applicant provides a recordable Unity of Title between the
hotellbeacn club parcel and the parking lot parcel to provide for a total of
617 parking spaces.
To:
To:
That the applicant provides a recordable Unity of Title between the
hotellbeacn club parcel and the parking lot parcel to provide for a total of
576 parking spaces.
The purpose of this request is to allow the applicant to submit plans showing the redesign
of the parking garage, the facade of the building and to provide a revised Unity of Title.
All prior approved plans and conditions with the exception of the modification under this
resolution shall remain in effect.
Protests 0
Waivers
o
Ex-Parte
o
Action: Mayor Samson read a statement regarding procedure and decorum. City Clerk
Brown-Morilla read the applicant's name, hearing number, location and the Mayor opened
the public hearing. Deputy City Attorney Ottinot read a disclaimer
Public Speakers: Clifford Schulman, Esq.
Clifford Schulman requested withdrawal without prejudice of the requested items for 6C
and 6D.
Commissioner Goodman moved and Vice Mayor Iglesias seconded a motion to grant
withdrawal without prejudice of items 6C and 6D. The motion for withdrawal
without prejudice was approved as Resolution No. 02-Z-70 and No. 02-Z-71
respectively, by a voice vote of 5-0 in favor.
6D. Request of Williams Island Ocean Club, Inc., Owner of the Property Located at the
Southeast Corner of 178th Street and Atlantic Boulevard, Sunny Isles Beach, Florida,
for the Following:
[Hearing #Z2001-12]
1. Modification of Condition 1J of Resolution 00-Z-47 passed and adopted by the
City Commission of the City of Sunny Isles Beach on the 13th day of April, 2000
reading as follows:
From: 11 That the applicant provides a recordable Unity of Title between the
hotellbeacn club parcel and the parking lot parcel to provide for a total of
617 parking spaces.
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City of Sunny Isles Beach, Florida
To:
That the applicant provides a recordable Unity of Title between the
hotellbeacti club parcel and the parking lot parcel to provide for a total of
576 parking spaces.
The purpose of this request is to allow the applicant to revise a resolution to reflect the
new required parking for the entire development and revising a Unity of Title. All prior
approved plans and conditions with the exception of the modification under this
resolution shall remain in effect.
Protests 0
Wai vers
o
Ex-Parte
o
Action: [City Clerk's Note: Clifford Schulman, Esq. requesting a withdrawal, without
prejudice. See item 6C for discussion and the vote in favor of withdrawal. The motion
for withdrawal without prejudice was approved as Resolution No. 02-Z-71, by a
voice vote of 5-0 in favor.]
Public Speakers: Clifford Schulman, Esq.
7. ORDINANCES FOR FIRST READING
7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the Issuance of a Stormwater Utility Revenue Bond, Series 2002, of the
City of Sunny Isles Beach, Florida in a Principal Amount of $3,000,000.00 for the
Purposes of Financing All or a Portion of the Costs of Certain Improvements to the
Golden Shores Stormwater Utility System and Paying Certain Costs Related Thereto;
Determining the Need for a Negotiated Sale of Such Bond to SunTrust Bank; Providing
for the Terms and Payment of Such Bond and for the Rights, Remedies and Security of
the Owners Thereof; Making Certain Covenants Relating to the Issuance of Such Bond;
Designating Such Bond as a "Qualified Tax-Exempt Obligation" Within the Meaning of
Section 265(b )(3) of the Internal Revenue Code of 1986, as Amended; Authorizing the
Proper Officers of the City to Do All Other Things Deemed Necessary or Advisable in
Connection with the Issuance of Such Bond; and Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Finance Director Jean Watson
reported.
Public Speakers: none
Commissioner Edelcup asked what the interest rate was and Jean Watson said it will be
4.6% for twenty (20) years.
Commissioner Kauffman moved and Commissioner Goodman 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
Tuesday, May 21, 2002, at 7:30 p.m.
Vote: Commissioner Edelcup yes
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City of Sunny Isles Beach, Florida
Commissioner Goodman yes
Commissioner Kauffman yes
Vice Mayor Iglesias yes
Mayor Samson yes
7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Ordinance No. 2001-118 Entitled Shopping Cart Regulations; Providing for
a New Procedure for Handling Identifiable Shopping Carts on the Right-of-Way;
Providing for Severability; Providing for Inclusion in the Code; Providing for Repeal of
Conflicting Provisions; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Code Enforcement and Licensing
Director Chris Steers reported. Commissioner Kauffman and Commissioner Goodman
raised questions and Chris Steers explained that State law preempted the City's ability to
legislate very much on this topic.
Public Speakers: none
Commissioner Kauffman moved and Vice Mayor 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, June
20, 2002, at 7 :30 p.m.
Vote: Commissioner Ede1cup yes
Commissioner Goodman yes
Commissioner Kauffman yes
Vice Mayor Iglesias yes
Mayor Samson yes
7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending the Code of Ethics Ordinance No. 2002-149, to Include a Prohibition
Against Interests in Conflict with Official Duties Provision, Including Unwarranted
Privileges Unless Disclosure is First Made; Providing for Dissemination of Such
Disclosure by City Clerk; Providing for Disciplinary Action: Providing for Severability;
Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective
Date.
Action: City Clerk Brown-Morilla read the title and Commissioner Edelcup reported.
Vice Mayor Iglesias suggested that since the proposal is repetitive of a State statute, which
he said was actually more restrictive, he questioned the need for this ordinance.
Public Speakers: none
Vice Mayor Iglesias moved and Commissioner Edelcup 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, June
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City of Sunny Isles Beach, Florida
20, 2002, at 7 :30 p.m.
Vote: Commissioner Edelcup yes
Commissioner Goodman yes
Commissioner Kauffman yes
Vice Mayor Iglesias 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. 99-80, Permanent Point of Sales Signs in the RU-4 and RU-4A
Districts Which Amended Section 33-103 of the Code of Miami-Dade County as
Adopted by Section 8.3 of the City Charter, to Amend the Requirements for
Temporary Construction Signs; Providing for a Repealer; Providing for Severability
and Providing for an Effective Date.
(Deferred from 3/19/02 - First Reading 4/18/02)
Action: City Clerk Brown-Morilla read the title and Zoning Director Jorge Vera read the
report. He read an amendment to section B (2) of the ordinance on agenda page 90;
(second page of the ordinance) deleting the words "linear frontage" and "property" and
inserting "square footage of the wall area" for the calculation of the permissible sign area.
Commissioner Kauffman questioned several aspects of the proposed ordinance.
Public Speakers: none
Vice Mayor Iglesias moved and Commissioner Goodman seconded a motion to adopt
the amended ordinance. Ordinance No. 2002-153 was adopted by a roll call vote of
5-0 in favor.
Vote: Commissioner Ede1cup yes
Commissioner Goodman yes
Commissioner Kauffman yes
Vice Mayor Iglesias yes
Mayor Samson yes
8B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Rendering it Unlawful for Any Elected or Appointed Official or Employee of the
City to Cancel or Void a Traffic Summons Issued by the City's Police Department
Except by a Police Officer When the Issuance of Such Summons was in Error; Providing
for Repealer; Providing for Severability; Providing for Inclusion into the Code; Providing
for an Effecti ve Date.
(First Reading 4/18/02)
Action: City Clerk Brown-Morilla read the title, and Mayor Samson reported.
Public Speakers: none
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Summary Minutes: Regular City Commission Meeting
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City of Sunny Isles Beach, Florida
Commissioner Kauffman moved and Vice Mayor Iglesias a motion to adopt the
ordinance. Ordinance No. 2002-154 was adopted by a roll call vote of 5-0 in favor.
Vote: Commissioner Edelcup yes
Commissioner Goodman yes
Commissioner Kauffman yes
Vice Mayor Iglesias yes
Mayor Samson yes
9. RESOLUTIONS
9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving in Concept the Entry Signage Plan Prepared by O'Leary Design
Associates, P.A., for Placement at Four Primary Entrances to the City; Providing the City
Manager With the Authority to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Zoning Director Jorge Vera reported.
William O'Leary and Tom Grabowski reviewed the proposed new entryway signage. Mr.
O'Leary explained that FDOT requires that the sign be frangible, able to be broken away.
He noted that he was proposing up-lighting and fiber-optic lighting that could have
changing colors and be on a timer to change colors. O'Leary said that the cost estimate,
including providing power was $75,000 for the larger signs and $35,000 for the smaller
signs. Mayor Samson said he wanted the sign for Sunny Isles Boulevard not to be
located on the former City Hall site, but to place the sign west of the City's property on
the FDOT property. Mr. O'Leary suggested that if the sign were moved further west as
the Mayor was requesting, it would not be seen. Mayor Samson said he wanted to show
Mr. O'Leary where he was proposing to place the sign.
Public Speakers: William O'Leary; Tom Grabowski
Vice Mayor Iglesias moved and Commissioner Ede1cup seconded a motion to approve
the resolution. Resolution No. 2002-441 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,
Incorporating Recitals; Awarding Bid No. 02-03-01 to Vila & Son Landscaping Corp.,
for Landscape Improvements for State Road A-I-A (Collins A venue), in an Amount
of $841,966.00, Plus a Contingency of $50,000.00, 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
Effecti ve Date.
Action: City Clerk Brown-Morilla read the title and Zoning Director Jorge Vera reported.
Public Speakers: none
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Summary Minutes: Regular City Commission Meeting
May 14,2002
City of Sunny Isles Beach, Florida
Mayor Samson complimented the work of Vila and Son. Vice Mayor Iglesias noted that
he had just successfully obtained additional FDOT funding for the City.
Vice Mayor Iglesias moved and Commissioner Kauffman seconded a motion to approve
the resolution. Resolution No. 2002-442 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,
Adopting the Second Amended Library Interlocal Lease Agreement With Miami-Dade
County Attached as Exhibit "A", Superceding All Prior Library Interlocal Lease
Agreements; Authorizing the Mayor to Execute Said Agreement on Behalf of the City;
Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the
Agreement; Directing the City Clerk to Forward Same to the County; Providing for an
Effective Date.
Action: City Clerk Brown-Morilla read the title and Deputy City Attorney Ottinot read
the report.
Public Speakers: none
Commissioner Kauffman moved and Vice Mayor Iglesias seconded a motion to approve
the resolution. Resolution No. 2002-443 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,
Authorizing the City Manager to Enter into Two 60-Month Lease Agreements With
Toshiba for Two e-45 Digital Copiers With GL 1010 Controllers, for City Hall and
the Building Department, Based on the Agreements Attached as Exhibit "A" and
Exhibit "B" Respectively; Authorizing the Mayor to Execute Said Agreements on Behalf
of the City; Authorizing the City Manager to Do All Other Things Necessary to
Effectuate the Terms of the Agreements; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Administrative Services Director
Alyce Hanson read her report.
Public Speakers: none
Commissioner Goodman moved and Vice Mayor Iglesias seconded a motion to approve
the resolution. Resolution No. 2002-444 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 Payment of Services to Lukes' Landscaping, Inc. ("Lukes"'), in the Amount
of $25,605.00, Attached Hereto as Exhibit "A", in Accordance with Resolutions No.
2001-377 and No. 2001-390, for the Purchase and Installation of Trees for
Landscaping the Pocket Park in Golden Shores and the Seasonal Change of Flowers
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Summary Minutes: Regular City Commission Meeting
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City of Sunny Isles Beach, Florida
Along 174th Street; Authorizing the City Manager to Do All Things Necessary to
Effectuate the Terms of this Resolution; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Public Works Director James Watts
reported.
Public Speakers: none
Commissioner Edelcup complimented the proposals but questioned if there were also
current plans to do similar plantings in the southern part ofthe City. He suggested that the
City should be making similar improvements in the southern part of the City and on 159th
Street.
Commissioner Goodman moved and Commissioner Edelcup seconded a motion to
approve the resolution. Resolution No. 2002-445 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 to Enter into a Federal Equitable Sharing Agreement with the
United States Department of Justice and Department of Treasury, Attached as Exhibit
"A", to Receive Forfeited Property from the U.S. Department of Justice, Effective from
October 1, 2002 through September 30,2005; Authorizing the Mayor and the Chief of
Police to Execute Said Agreement; Authorizing the City Manager and Chief of Police to
Do All Things Necessary to Effectuate this Agreement; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Police Chief Maas reported.
Public Speakers: none
Commissioner Kauffman moved and Commissioner Ede1cup seconded a motion to
approve the resolution. Resolution No. 2002-446 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,
Authorizing the City Manager to Enter into an Agreement with First Southwest
Company for Financial Advisory Services, Attached Hereto as Exhibit "A", on an
Hourly Basis with a Cap Set at $9,500.00 for Assistance in Development of a
Comprehensive Financing Plan for the City's Capital Improvement Program; and on an
Hourly Basis with a Cap Set at $5,000.00 for Assistance with Putting Together a Rating
Agency Presentation for the City and Obtaining a Credit Rating from the Rating Agencies;
and to Assist as the City's Financial Advisor in Future Bond Issues or as Authorized by
the City Manager; Authorizing the Mayor to Execute Said Agreement on Behalf of the
City, Providing that the Agreement is Reviewed by the City Attorney; Authorizing the
City Manager to Do All Other Things Necessary to Effectuate the Terms of the
Agreement; Providing for an Effective Date.
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Summary Minutes: Regular City Commission Meeting
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City of Sunny Isles Beach, Florida
Action: City Clerk Brown-Morilla read the title and City Finance Director Jean Watson
reported.
Public Speakers: none
Vice Mayor Iglesias moved and Commissioner Goodman seconded a motion to approve
the resolution. Resolution No. 2002-447 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 an Agreement with Miller, Legg and Associates, Attached Hereto as Exhibit
"A" in Accordance with Resolution No. 2001-360, for the Preparation of Design
Specifications and Construction Administration of a GazebolRestroom Building for the
Senator Gwen Margolis Park, and of a Lifeguard Stand for the Gilbert Samson Memorial
Oceanfront Park; Authorizing the Mayor to Execute the Agreement; Authorizing the City
Manager to Do All Things Necessary to Effectuate the Agreement; Providing for an
Effective Date.
Action: [City Clerk's Note: this item was distributed at the meeting] City Clerk Brown-
Morilla read the title and Deputy City Attorney Ottinot reported.
Mayor Samson asked where was the design for the building and would a bathroom be
included. He objected to the contract price. City Clerk Brown-Morilla explained that the
contract was to authorize them to do the design work and then to administer the
construction. Commissioner Goodman questioned the fees detailed in the backup, and
Susan Simpson, Cultural and Human Services Director, emphasized that the contract was
also to administer the actual construction and to prepare the design of a lifeguard stand,
and a gazebo/restroom building.
Public Speakers: none
Mayor Samson passed the gavel and moved and Commissioner Ede1cup seconded a
motion to defer to June 20, 2002. The motion to defer was approved by a voice vote
of 5-0 in favor.
10. MOTIONS
None
11. DISCUSSION ITEMS
llA. Discussion regarding Transferable Development Rights (TDR's) Ordinance.
Action: Deputy City Attorney Ottinot suggested that since the City Attorney and City
Manager were not able to attend the meeting, but they had been working on the issues, it
would be best to defer discussion until the May 21,2002 City Commission Workshop.
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Summary Minutes: Regular City Commission Meeting
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City of Sunny Isles Beach, Florida
Mayor Samson asked the City Clerk when had the City Commission approved hiring
outside assistance for this process, and what was promised regarding when the work
would be completed and presented. City Clerk Brown-Morilla clarified that when outside
legal counsel was retained, the expressed hope was that the Land Development
Regulations (LDR's) would be done by the end of May, 2002. [City Clerk's Note: see
itell} 9F in Summary Minutes of February 21, 2002, and Resolution No. 2002-442] He
further explained that while the City Attorney and City Manager had been working hard
on the issues, our outside counsel noted that there were several key planning issues that
had not been fully addressed in the draft prepared by our previous planning consultant.
Consequently the City had recently hired new planning consultants and they needed more
time to draft and complete the review process.
Mayor Samson and Vice Mayor Iglesias said they did not want to wait and wanted to
discuss the issues during this meeting. Deputy City Attorney Ottinot again requested
deferral of the discussion. Vice Mayor Iglesias reviewed his calculations about how to
value the TDR's, and he said he felt that the west side of Collins Avenue valuation figures
being suggested might be somewhat high and the figures for the east side of Collins
A venue might be somewhat low. Commissioner Edelcup expressed his thoughts and said
the goal was to use current pricing not old historic pricing.
Zoning Director Vera said one area where Commission guidance is needed is on which
FAR is to be assumed in the calculations, the current FAR or for the probable FAR in the
future. Vice Mayor Iglesias expressed the opinion that if price was going to fluctuate,
then the average in FAR with bonuses and price being paid should be reviewed regularly
(every two years, or more frequently). Commissioner Kauffman asked how could the
City adjust the FAR if we had not first set the value ofTDR's. Mr. Vera responded that
the TDR's and LDR's work together. Mayor Samson emphasized he'd like to have the
issues brought to the City Commission by May 21, 2002. Mr. Vera eXplained the
complexity of unresolved issues such as for a private to private transfer.
Vice Mayor Iglesias summarized that the City still needed to focus on two issues: 1) the
real cash value ofland and 2) the realistic FAR being used with bonuses.
Mayor Samson said he'd like Vice Mayor Iglesias and Commissioner Edelcup to each
independently work with Mr. Vera to propose formulas for the May 21, 2002 Special
City Commission meeting.
Public Speakers: none
llB. Discussion regarding the Proposed County Historic Preservation (H.P.) Ordinance
Giving Jurisdiction to the County's H.P. Board Over Incorporated Municipalities and
Prohibiting Demolition by Neglect.
Action: City Clerk Brown-Morilla noted that as drafted, the proposed ordinance could
potentially have dramatic consequences for the City. He reported that the County's
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City of Sunny Isles Beach, Florida
Historic Preservation Board would be conducting a public hearing on the proposed
ordinance the next day, Friday May 15,2002. Commissioner Ede1cup and Vice Mayor
Iglesias expressed concern and asked what could be done. Deputy City Attorney Ottinot
said he would review the proposed ordinance.
Commissioner Goodman asked if the "Beautification Committee's" efforts to preserve
architectural artifacts would be involved. The City Clerk said it was related, but was a
different issue.
Public Speakers: none
Vice Mayor Iglesias moved and Commissioner Kauffman seconded a motion to
quickly send a stern letter of opposition to the proposed ordinance. The motion was
approved by a voice vote of 5-0 in favor. Mayor Samson asked Deputy City Attorney
Ottinot to prepare the letter.
12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
None
13. ADJOURNMENT
Vice Mayor Iglesias moved and Commissioner Ede1cup 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 9:37 p.m.
Re&?6ctfully submitted by:
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