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HomeMy WebLinkAbout2002 0205 Special City Commission Meeting --- - ---- SUMMARY MINUTES Special City Commission Meeting Tuesday, February 5, 2002, 7 :30 p.m. CITY OF SUNNY ISLES BEACH, FLORIDA A TTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRA TION 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 Samson at 7:32 p.m., with the following officials present: Mayor David Samson Vice Mayor Danny Iglesias Commissioner Norman S. Edelcup Commissioner Gerry Goodman Commissioner Lila Kauffman City Manager Christopher J. Russo City Attorney Lynn M. Dannheisser City Clerk Richard Brown-Morilla 2. PLEDGE OF ALLEGIANCE AND INVOCATION Action: Mayor Samson led the Pledge of Allegiance to the flag, and Richard Schulman gave the invocation. 3. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 3A. Request of Five Seas Investors, Inc., Owner of the Property Located at 16701 Collins A venue for the Following: [Hearing #2001-09] (Continued from 1/29/02) 1. Modification of Condition IB of Resolution 00-Z-53 passed and adopted by the City Commission of the City of Sunny Isles Beach on the 21 st of September, 2000 reading as follows: From: That in the approval of the plan the same be in accordance with that submitted for the hearing entitled "Newport Beach Tower", prepared by Kobi Karp consisting of 14 sheets dated stamped received 9/21/2000, as amended at public hearing, and the conditions of this resolution. Special City Commission Meeting Summary Minutes February 5. 2002 City of Sunny Isles Beach. Florida To: That in the approval of the plan the same be in accordance with that submitted for the hearing entitled "Cornerstone Newport Beach", prepared by Kobi Karp consisting of 12 sheets dated stamped recei ved 01/0312002, plans entitled "Newport Beach Tower", prepared by Witkin Design Group consisting of 3 sheets dated sign and sealed 11120/01, plans entitled "Sketch of Survey", prepared by Vicente Villa P.E. P.L.S. consisting of 1 sheet dated 01/17/00. The purpose of this request is to allow the applicant to submit new plans showing a reduction in the number of units and to change the type of use from apartment hotel to condominium. 2. Use Variance to permit the proposed condominium development with a density of 86 units per acre (80 units per acre permitted). 3. Non Use Variance of Floor Area Ratio to permit proposed development with a 5.10 floor area ratio (4.0 floor area ratio permitted). 4. Non Use Variance of Setback requirements to permit proposed building to setback 53.3 ft (75 ft required) from the front (west) property line and setback 5.67 ft (50 ft required) from the interior side (south) property line. 5. Non Use Variance of Zoning Regulations requiring the maximum width of a building measured parallel to Collins A venue to be 250 ft wide to waive same; to permit a 365 ft wide building measured parallel to Collins A venue. 6. Non Use Variance of Parking requirements to permit two-way driveway aisles width varying from 18 ft to 20 ft within the parking garage (22 ft driveway aisle required). 7. Non Use Variance of Landscaping requirements to permit 23% landscaping open space (40% landscaping open space required). The purpose of this request is to allow the applicant to submit revised plans for the previously approved condominium hotel. Protests 2 W ai vers o Ex -Parte o Action: [City Clerk's Note: a.k.a. La Perla Ocean Residences. Correspondence from Jack Lujt, Lujt Consulting, Inc., regarding 16701 Collins A venue - Newport Beach / Staff Site Plan Review was distributed earlier today; two protest letters were distributed at the meetingfrom Richard S. Pol, and Stephen E. and Esperanza M. NadeauJ Mayor Samson read an introductory statement on decorum and procedure. City Clerk Brown-Morilla read the applicant's name, hearing number, location and administered the oath to the witnesses forthe Zoning hearing. He asked if there were any ex-parte disclosures, and there were none. City 2 Special City Commission Meeting Summary Minutes February 5. 2002 City of Sunny Isles Beach. Florida Attorney Dannheisser read a disclaimer for the Zoning hearing. Public Speakers: Stanley Price, Esq.; Kobi Karp; Dr. Robert Cornfeld; Mary Ann Eicke; Edith Sandquist Stanley Price, Esq. said that the applicant had withdrawn requests #'s 2 (density) and 7 (landscaping). He described the modifications being requested that differed from the previously approved design project. Kobi Karp reviewed the architectural design and submitted three colored design drawings for the proposed building. Mr. Karp answered the Mayor's questions regarding the appearance of the parking garage and lattice work to screen the views of the garage from various perspectives. Mayor Samson clarified that there were to be 29 public parking spaces as provided for in the original agreement. In response to questioning, Dr. Robert Cornfeld said the parking rates would be very reasonable and that currently they were charging $5.00. Commissioner Goodman asked if the public coming to the beach would be required to valet park and Mr. Price said that yes they would. Mr. Price said that Jorge Vera's calculations of $1.4 million in project expenses was conservative, and included $835,000 in park landscape improvements. Mr. Price asked for a credit for the $1.6 million that he said would be spent as an in-kind contribution. He asserted that since the developer would be spending that amount on improvements, the City should provide the applicant with credit. Mayor Samson said he was opposed to any credits for "in- kind" contributions. Mr. Vera read his report and noted that the required number of public parking spaces within the garage would be 29 (not 24). Mr. Vera attempted to read the report from Jack Luft, Planning Consultant for the City. Commissioner Edelcup asked about trying to save the historic lighthouse within the project, as Mr. Luft had requested. Mr. Karp said he had started looking at the design when he learned today about Mr. Luft's request, and he promised to try to retain the lighthouse, if possible. Commissioner Kauffman obtained clarification of Request No.5 regarding the width of the project. Commissioner Kauffman moved and Vice Mayor Iglesias seconded a motion for approval of the amended request with the Zoning staff conditions (including 29 public parking spaces). The motion was approved as Resolution No. 02-Z-66, by a roll call vote of 5-0 in favor. Vote: Commissioner Edelcup Commissioner Goodman Commissioner Kauffman Vice Mayor Iglesias Mayor Samson yes yes yes yes yes 3 --- - -- Special City Commission Meeting Summary Minutes February 5. 2002 City of Sunny Isles Beach, Florida 4. RESOLUTIONS 4A. Public Hearing A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Vacating a Portion of the Right-of-Way (Which is not a Roadway) Along Atlantic Boulevard and 175th Terrace, Adjacent to Lots 5, 6 and 7, Block 9, Sunny Isles Shores, Section "B," as Recorded in Plat Book 65, at Page 47, of the Public Records of Miami-Dade County More Particularly Described in Exhibit "A"; Providing for a Declaration of Restrictive Covenants to be Attached as Exhibit "B"; Providing for Effectuation by Replat; Providing for an Effecti ve Date. Action: [City Clerk's Note: Correspondence from Fernando Albuerne, Director, Miami- Dade County Public Schools, regarding this site was distributed earlier today J City Clerk Brown-Morilla read the title and City Attorney Dannheisser reported. Public Speakers: Stanley Price, Esq.; Rocco DiSangro; Gene Sweed; Jose Milton Stanley Price, Esq., requested the City to vacate part of a right-of-way on the subject property, which is being purchased by Joseph Milton. He explained that the right-of-way is not a roadway but a land area that is on the property side of the sidewalk. He said they have filed a Declaration of Restrictive Covenants. Mr. Price reviewed the documents with the Commission and he agreed that the applicant will not place any structures of any type within this vacated area and will maintain, at their sole cost and expense, all this property for drainage, liability, landscaping, walkways, and for any utilities needed by governmental bodies or public utilities. Mr. Price noted the discussions regarding the possibility of the School Board purchasing the property or taking it through eminent domain. He said the applicant has agreed that in the event that they do not utilize the easement area within a 24-month period or that if this property is sold to anyone including the School Board, that they would agree to permit the City to take back the area vacated. The Covenant will run with the land and would be binding on all the successors and assigns of the property owner that executed this document. Mr. Price presented an un-captioned petition that he stated represented signatures of support from neighbors, and he also presented a letter from the A vila North Condominium Association Inc. Mr. Price said they were only asking approval to go forward with an application. Commissioner Edelcup asked why this request was being divided into two parts, and not altogether in one application. Mr. Price answered that without the land, it would create a series of variances which they do not believe would be essential. He said they will have some variances with the Zoning application, even with the proposed Land Development Regulations. Commissioner Goodman asked who owned the property and Mr. Price said it was S & G of Miami Beach, Inc. whose President is Barry Shelomovitz, a property owner in the City. 4 Special City Commission Meeting Summary Minutes February 5, 2002 City of Sunny Isles Beach, Florida Commissioner Kauffman asked Mr. Price specifically why the City would be vacating this portion of land, and Mr. Price said to enable the applicant to come forward with a Zoning application and to utilize the vacated land as part of their Zoning application. Vice Mayor Iglesias commented that the City is currently liable for slip and fall lawsuits on this site and on many others in the City. Vice Mayor Iglesias moved and Commissioner Kauffman seconded a motion to approve the resolution. City Attorney Dannheisser asked for clarification regarding the meaning of a document that Mr. Price hadjust submitted during the meeting regarding the effective date of the vacation. Mr. Price agreed that the easement agreement and the declaration needed clarification. He requested having the item deferred and considered on the next agenda, on February 21,2002. City Clerk Brown-Morilla explained that all agenda documents must be completed and provided to the City Clerk's office by Wednesday, February 13,2002, to be printed in the February 21,2002 City Commission agenda. No vote was taken. The item was deferred pending receipt of documents from Mr. Price. 4B. (Deferred from 1/29/02) A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Incorporating Recitals; Awarding Bid No. 01-12-01 to the Redland Company, Inc. ("Redland"), for the Golden Shores Drainage and Pavement Improvement Project; Approving an Agreement by and between the City of Sunny Isles Beach and Redland, in an Amount Not to Exceed $3,449,896.56, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Execute Said Agreement and Do All Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date. Action: City Clerk Brown-Morilla read the title and City Manager Russo reported. Public Speakers: none Commissioner Goodman moved and Vice Mayor Iglesias seconded a motion to approve the resolution. Resolution No. 2002-416 was adopted by a voice vote of 5-0 in favor. 4C. (Deferred from 1/29/02) A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding Bid No. 01-11-01 to Aetna US Healthcare as Submitted by Brown & Brown, Inc., for Employee Health Insurance Services as Outlined in the Scope of Services Attached Hereto as Exhibit "A"; Authorizing the City Manager to Execute a Contract for Such Bid and to Do All Other Things Necessary to Effectuate the Intent of this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: This item was distributed earlier today J City Clerk Brown- Morilla read the title and City Manager Russo reported. 5 - -------.. - - Special City Commission Meeting Summary Minutes February 5. 2002 City of Sunny Isles Beach, Florida Commissioner Edelcup expressed support for the proposal since it offered employees the option of having a POS Plan. Public Speakers: none Commissioner Kauffman moved and Vice Mayor Iglesias seconded a motion to approve the resolution. Resolution No. 2002-417 was adopted by a voice vote of 5-0 in favor. 5. DISCUSSION ITEMS SA. Discussion on Setting Zoning Policies regarding the following: . In-Kind Contributions for Bonuses; and . Valuing of Transfers of Development Rights (TDR'S). Action: City Clerk Brown-Morilla read the title. Mayor Samson repeated that he is very much opposed to in-kind contributions for bonuses; and he proposed that the City Manager, City Attorney, Commissioner Edelcup and the Manager's Finance Committee should meet and make a recommendation on valuing Transfers of Development Rights. Commissioner Edelcup agreed with Mayor Samson's remarks on in-kind contributions, noting that it would be too complicated and cumbersome for the City to evaluate the value of something that is being given in-kind. He suggested that the common denominator is dollars and we set forth that plan already in the City's Comprehensive Plan. Vice Mayor Iglesias presented his detailed analysis of how to value TDR's. There was a consensus to follow the Mayor's suggestions and have the City Manager bring back recommendations on TDR's. 5B. Add-on: Beautification of the Entire City/Collins A venue. Action: Mayor Samson asked for a motion to instruct the City Manager to study and prepare cost estimates for a Citywide Beautification Program, and implementation ofthe Streetscape Program, including the following: modification of sidewalks, trees, beautification of the center strip of Collins A venue, new signage, bus benches, under-grounding of all utilities, beautification of other City streets including street furniture, landscaping, new street lights, getting rid of the ugly newsracks, and make this a 5-star City! He said he wanted the City Manager to develop a taxing formula that would be brought back before the Commission for approval. He stated that the cost for this plan would be minimal, and be paid over a 20-year period. He noted that currently the City pays almost no taxes compared to cities like North Miami Beach and North Miami. Mayor Samson commented that we started from scratch and we have to take care of this City, and if we don't bring it up to the standard that we want to live in, we will go backward and not forwards. Public Speakers: Roslyn Brezin Vice Mayor Iglesias moved and Commissioner Goodman seconded a motion to instruct the City Manager to prepare a plan and cost estimate, as discussed, for the Commission to 6 Special City Commission Meeting Summary Minutes February 5, 2002 City of Sunny Isles Beach, Florida consider as part of the Budget process for the future of the City. The motion was approved by a voice-vote of 5-0 in favor. City Attorney Dannheisser asked for clarification: were we not going to pursue a Special Assessment District? Were we going to instead raise the Millage rate to fund this program? Mayor Samson clarified that it was to be by an increase to the Millage rate, which means there would not be a Special Assessment District, it will be done through Citywide taxes. Commissioner Edelcup also sought clarification that we are proposing to do this as a citywide project and to adjust the Millage to accomplish this? Mayor Samson said yes and repeated that it would be funded by the City's General Budget, by raising the Millage rate, that would be approved by the City Commission. 6. ADJOURNMENT Commissioner Kauffman moved and Vice Mayor 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 9:27 p.m. Respectfully submitted by: _. I.. , , ' "'. ..' .' * .:-- ./ ~... %\~~~~~~~ ~ Richard Brown-Morifla, City Clerk . It) '. ~ './ C..) r'- ~. "" ,..,\ - ~ "'.~..~ ../ 7