HomeMy WebLinkAbout2004 1118 Regular City Commission Meeting
SUMMARY MINUTES
Regular City Commission Meeting
Thursday, November 18, 2004, 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 Edelcup at 7:35 p,m., with the following
officials present:
Mayor Norman S, Ede1cup
Vice Mayor Gerry Goodman
Commissioner Roslyn Brezin
Commissioner Danny Iglesias
Commissioner Lewis J. Thaler
City Manager Christopher J. Russo
City Attorney Lynn Dannheisser
Acting City Clerk Priscilla Walker
2. PLEDGE OF ALLEGIANCE/INVOCATION
Action: Irving Diamond led the Pledge of Allegiance to the flag and Richard C.
Schulman gave an invocation,
Mayor Edelcup gave opening remarks of decorum. Mayor Edelcup announced that there
is a Evaluation and Appraisal Report (EAR) Workshop scheduled on Tuesday,
November 30, 2004 at 7:30 p.m. in the Commission Chambers and noted that this
pertains to our once every five-year requirement that our Comprehensive Plan be
reviewed.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting - October 14,2004.
Action: Vice Mayor Goodman moved and Commissioner Brezin seconded a motion to
approve the above-mentioned Summary Minutes. The motion was approved by a
voice vote of 5-0 in favor.
3B. Special City Commission Meeting/Executive Session - November 1,2004,
Action: Vice Mayor Goodman moved and Commissioner Thaler seconded a motion to
approve the above-mentioned Summary Minutes. The motion was approved by a
voice vote of 5-0 in favor.
Summary Minutes: Regular City Commission Meeting November 18,2004
City of Sunny Isles Beach, Florida
4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Hear Item 1 OK prior to "Ordinances for First Reading" (Section 7).
Action: Mayor Ede1cup announced the above and Mr. Stanley Price, Esq" asked for a
deferral ofItem llA to be heard in January 13, 2005, and it was approved by a voice vote
of 5-0 in favor, Mr. Clifford Schulman, Esq., asked for a continuance ofItem 10K until
the December 9, 2004 Agenda, and Mayor Ede1cup asked to change the order of
presentations to hear Item 5B, Item 5A, and then Item 10K. Commissioner Brezin moved
and Commissioner Iglesias seconded a motion to approve the above changes. The
motion was approved by a voice vote of 5-0 in favor.
S. SPECIAL PRESENTATIONS
SA. Mayor's Advisory Council: Long Range Planning and Intergovernmental Affairs
Committee.
Action: Mayor Ede1cup introduced Chairperson George "Bud" Scholl who distributed a
memorandum on "Proposed Issues Summary Report". Mr, Scholl reported that this is a
summary ofthe issues that the Committee has been discussing in their various meetings
that they have been holding since mid-year.
1) Promote Reconsideration of Certain Aspects of the Florida Sunshine Law: He said
that the Committee found it very onerous at times to act in an administrative manner and
stay within the rules ofthe Sunshine Law. He stated that he had various discussions with
our City Attorney and decided to take it upon themselves to look into the Sunshine Law
and see if there was any possibility of advocating a position of modifying the law at the
State level. Mr. Scholl said it was a valiant effort but they were shut down, He said the
bulk oftheir research was through the League of Cities who advocated the Committee's
same position. He said that they also spoke to Mayors and Commissioners of other cities
and they felt very similar to our position regarding the Sunshine Law, specifically on the
administrative side, that it makes it very onerous at times to deal with some of these
issues.
2) Rezional Communitv Relations Board: Mr. Scholl said that Committee member
Sydney Davis contacted Mayors in our surrounding communities about the concept of a
Regional Community Relations Board and they felt very strongly about pulling a board
together. He said the purpose of the Board would be issues of regional interests and
inter-city issues, and they feel that the Board will be pulled together and hope to meet
after the first of the year.
3) School Incentives: Mr. Scholl said when the discussions came up about creating a
Charter School or Public School within the City, their Committee felt very strongly about
trying to create school incentives that were outside the purview ofthe School Board, He
said he went to Chairperson Bob Welsh ofthe Education/Schools Committee and found
out that he was already on top of it.
4) Beach Preservation: He said that they had a lot of feedback from members of the
community about the preservation, renourishment, and what causes the erosion of the
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beach, and found it was a very complicated process, He said that Committee member Art
Kapel has had discussions with the Army Corp of Engineers as well as academics in
order to understand the process. He noted that it is an on-going process.
5) Otv-Wide Wireless Broadband Internet Access: Mr. Scholl said that they would put
access points around the City and envelop the whole City to be able to provide wireless
broadband access to any resident or business in the City. He said they believe that if it
was done properly that it can be done in a very inexpensive manner, and noted that the
technology is available and he has a consultant coming down the first week of December.
6) Public Water Transportation: Mr. Scholl said the final issue was the concept of
public water transportation. He said that being a coastal City and being surrounded on
two sides by water, that it would be very advantageous to our community to have some
sort of water transportation. He said that Committee member Gloria Taft researched the
possibility of bringing this forward, and invited Peter Evans from Metro Aqua Cats to a
meeting, who has been working on a plan to provide links throughout the County, up and
down the coastal waterway that would provide public transportation. He said Mr. Evans
picked a spot under the 163rd Street Sunny Isles Bridge as a potential site and noted that
the conceptual Site Plan for the Sunny Isles Beach Wharf was attached to the handout.
He said a second link would be under the William Lehman Causeway, He said that Mr.
Evans said that there are several federal grant programs that he has applied for that are
available. Mr. Scholl said it is very exciting and it is a long-range project that will take a
lot of coordination and a lot of money to put together, but it is very compelling.
Public Speakers: Bud Scholl; Irving Diamond; Joseph Milton; Mary Ann Eicke; Herb
Abramson; Jay J ackler;
Mayor Ede1cup noted that the water taxi project was something that our City Manager
started to discuss about a year ago and it was referred to this Committee to work on it.
Commissioner Iglesias congratulated Mr. Scholl on an excellent job and noted that is one
ofthe problems that we have with the Sunshine Law because the Committee he is liaison
to [Tourism and Development Committee] was also looking at a water taxi.
Commissioner Thaler said that he had a couple of articles that he gave to the City
Manager on the wireless broadband, and that there are two cities on the east coast that
has already done it. Mr. Scholl said he has found three cities in the US that have
effectively implemented this and they are all small towns. He said we are very uniquely
situated and the engineers he called that are looking into it got very excited about this,
and they have a meeting on December 2, 2004. He said another compelling part is that
there is new wireless technology that has greater distance and has become available in the
last six months that has brought the cost down and the penetration to an even greater
level.
Vice Mayor Goodman asked about the Regional Community Relations Board, if it is the
board with Sunny Isles, Aventura, North Miami Beach, Bal Harbour, and Bay Harbor,
and Mr. Scholl said yes, and that they are even looking at Surfside. Vice Mayor
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Goodman asked ifthe people who serve on this Board would be bound by the Sunshine
Law, and City Attorney Dannheisser said yes, Mr. Scholl said that the Committee's
initial idea for members on the Board was one elected official, an alternate, and one or
two residents from each of the cities.
Joseph Milton noted that he has been developing on waterfront properties for a number
of years and he sees a lot of problems with this design and would like to get more
information on the water taxi. Mayor Edelcup said that Mr. Milton could attend these
committee meetings and perhaps a workshop could be scheduled for those who want to
be educated on it. Mary Ann Eicke asked what long-term is for the park. City Manager
Russo said that Mr. Evans thought it would be in a year, but he said in his ownjudgment
he thinks it will be closer to two years, Ms. Eicke asked ifin the interim will it remain a
parking lot, and Mayor Ede1cup said that months ago the Commission had asked the City
Manager to enter into negotiations to lease it for construction vehicles and construction
workers vehicles that are building sites along the southern part of the City, and he
believes that the Manager did receive a contract today from one of the developers who
would like to lease it for a two-year period and is scheduled to be an agenda item in
December. Ms, Eicke asked ifthere was a marina in that park for the water taxi, and Mr.
Scholl said that the way the water taxi works is it pulls up to the wharf, like the ferry at
Fisher Island.
Mayor Edelcup asked Mr. Scholl to contact the other cities between now and the next
meeting, and maybe we and the other cities can draft a resolution passed by each city to
support the water taxi concept, so that the people that are promoting this water taxi
before the County Commission will know that there are four or five cities up in the north
end of the County that want to see a water taxi. He asked Mr. Scholl to work on this
resolution with the City Attorney.
City Manager Russo said that the parking issue clearly relates to congestion and traffic on
Collins Avenue, and this has been something that this Commission has asked him to
work on for a long time, the leasing ofthe parking lot for construction vehicles has been
in the works since April 11 , 2003, when he sent letters out to the developers. He noted
that we entered into two agreements with various developers in this City to lease space
under the Lehman Causeway for projects in that vicinity. He said before the April 11,
2003 letter was sent out, we had secured a lease with FDOT for the area under the Sunny
Isles Beach Causeway, He noted that those letters had led to various negotiations that
have been going on, and we now have an agreement with one of the developers, which
were in the north end, and is now moving their developments to the south end. City
Manager Russo said that there are hundreds of construction worker cars parking at
Haulover Park, but he spoke to County Commissioner Vivien Rodriquez, and they are
stretching their limit of construction worker cars there because it is a stretch to say under
the Home Rule Charter of this County that you can park hundreds of construction
workers cars at a County Park, so she is trying to do the best for all the developers in this
City to be able to accommodate as much as they can in their parking lots.
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On behalf ofthe City Commission, Mayor Ede1cup thanked Mr, Scholl and the members
of the Committee for an excellent job and for all the hard work that they put in on this.
SB. Presentation by the South Florida Water Management District of a $200,000 Check for
Stormwater Drainage Improvements.
Action: Mayor Edelcup introduced our State Representative Dan Gelber who introduced
his daughters Sophie and Hannah Gelber, and noted that Senator Gwen Margolis could
not be here tonight, and said that he and Senator Margolis are very pleased to bring this
money to the City tonight.
Public Speakers: State Representative Dan Gelber; Kelly Mallete; Audrey Ordenes;
Rep. Dan Gelber introduced Kelly Mallete of Ron Book's office, the City's Lobbyist, and
Audrey Ordenes with the South Florida Water Management District, who presented the
City with a $200,000,00 Check for Stormwater Drainage Improvements. She noted that
she will be presenting the City with $200,000.00 more this year for Stormwater projects
that they were able to get from their budget and through the help of Ron Book and the
City's Legislative leaders. Mayor Edelcup and City Manager Russo thanked them and
noted that this money will be used to defray some of the costs of Stormwater
improvements.
6. ZONING - ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
None
7. ORDINANCES FOR FIRST READING
7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Section 265-46 of the Code of Sunny Isles Beach Relating to Parking
Regulations to Prohibit Permanent Parking of V ehicles or Boats on Front Lawns in
Residential Districts and to Prohibit Parking of Vehicles on Publicly Maintained
Lawns and Landscaped Areas; Providing for an Exception; Providing for Enforcement;
Providing for Penalties; Providing for Severability; Providing for Inclusion in the Code;
Providing for Repealer; and Providing for an Effective Date,
(Continued First Reading from 10/14/04)
Action: Mayor Ede1cup said that there are two warnings before issuing a citation.
Assistant Administrator Robert Solera, Building Department and Code Enforcement &
Licensing Departments, reported.
Public Speakers: none
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Vice Mayor Goodman moved and Commissioner Thaler 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, December 9, 2004,
at 7:30 p.m.
V ote: Commissioner Brezin yes
Commissioner Iglesias yes
Commissioner Thaler yes
Vice Mayor Goodmai} yes
Mayor Ede1cup yes
7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Section 265-58(1) of the Land Development Regulations Relating to
Temporary Construction Fencing; Establishing General Standards for the Installation
of Temporary Construction Fences; Prohibiting Certain Fences; Making this
Ordinance Retroactive 90 Days and Allowing Compliance; Providing for a Repealer;
Providing for Inclusion in the Code; Providing for severability; and Providing for an
Effective Date.
Action: Mayor Ede1cup and City Attorney Dannheisser reported.
Public Speakers: Eric Arencibia; Peter Weiner
Commissioner Iglesias said that we should look at this for single- family homes and give a
reasonable building time. He noted on page 2 ofthe ordinance, under Prohibited Fences,
for single family homes, a combination of (a) and (c) a chain length fence when the fence
is made of canvas material with a time period of no more than one year unless you have to
come back to this Commission. After discussion it was changed to an 18-month time
period. City Attorney Dannheisser clarified for the record that the motion is to accept the
ordinance as amended as follows: Paragraph 3b under Prohibited Fences, we will add a
section that says provided single family homes, Rl Zone, may be permitted to utilize
chain link fences with canvass material, or similar material, for a period of no longer than
18 months.
Peter Weiner asked that the ordinance be amended to include that any project within the
MUR Zone that is going to be TCO'ed within 12 months would be excluded from the
ordinance, the rear and the side fences, not the front fences. Mr. Weiner said in addition
that it may be helpful, prior to the second reading, to set up a meeting with some of the
developers and/or contractors who are building the buildings on Collins Avenue to get a
clear understanding of what the ordinance says and for them to comply with it.
City Attorney Dannheisser said she was instructed to include the fact that side and rear
property line fences need to be of these materials, originally the rear property line was not
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City of Sunny Isles Beach, Florida
included within this context, do you want to reconsider that and go back to a concept that
you could use. City Manager Russo said in the rear it is more of a matter of aesthetics
than the practical concern on the front that always had solid on Collins to keep the sand
back. Mayor Edelcup said the front has to be solid, and no chain link fences.
Vice Mayor Goodman 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,
December 9, 2004, at 7:30 p.m.
V ote: Commissioner Brezin yes
Commissioner Iglesias yes
Commissioner Thaler yes
Vice Mayor Goodman yes
Mayor Edelcup yes
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
9. ORDINANCES FOR SECOND READING (public Hearings)
9A.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
Establishing Procedures for the Revocation of Any Permit Issued by the City, Attached
Hereto as Exhibit "A"; Providing for an Effective Date,
Action: Acting City Clerk Walker read the title, and City Attorney Dannheisser reported.
Public Speakers: none
Commissioner Brezin moved and Commissioner Thaler seconded the motion. LP A
Resolution No. 2004-22 was adopted by a voice vote of 5-0 in favor.
9A.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Establishing Procedures for the Revocation of Any Permit Issued by the City;
Providing for Appeal; Providing for Suspension of Permit; Providing for Severability;
Providing for Inclusion in the Code; Providing for an Effective Date.
(First Reading 10/14/04)
Action: Acting City Clerk Walker read the title, and City Attorney Dannheisser reported
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Public Speakers: None
Commissioner Brezin moved and Commissioner Thaler seconded a motion to adopt the
ordinance. Ordinance No. 2004-216 was adopted by a roll call vote of 5-0 in favor.
V ote: Commissioner Brezin yes
Commissioner Iglesias yes
Commissioner Thaler yes
Vice Mayor Goodman yes
Mayor Ede1cup yes
Sitting in as the Local Planning Agency and the City Commission, to Consider an
Ordinance Amending the Land Development Regulations (LDRs)
9B.l 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 Amending
Section 265-11 of the Land Development Regulations to Require Zoning Clearance
Before the Issuance of a Building Permit, Attached Hereto as Exhibit "A"; Providing for
an Effective Date.
Action: Acting City Clerk Walker read the title, and City Attorney Dannheisser reported.
Public Speakers: none
Commissioner Iglesias moved and Vice Mayor Goodman seconded the motion. LP A
Resolution No. 2004-23 was adopted by a voice vote of 5-0 in favor.
9B.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Section 265-11 of the Code of Sunny Isles Beach, to Require Zoning
Clearance Before the Issuance of a Building Permit; Providing for Severability;
Providing for Repealer; Providing for Inclusion in the Code; and Providing for an
Effective.
(First Reading 10/14/04)
Action: Acting City Clerk Walker read the title, and City Attorney Dannheisser reported
Public Speakers: None
Commissioner Brezin moved and Commissioner Iglesias seconded a motion to adopt the
ordinance. Ordinance No. 2004-217 was adopted by a roll call vote of 5-0 in favor.
V ote: Commissioner Brezin yes
Commissioner Iglesias yes
Commissioner Thaler yes
Vice Mayor Goodman yes
Mayor Edelcup yes
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Sitting in as the Local Planning Agency and the City Commission, to Consider an
Ordinance Amending the Land Development Regulations (LDRs)
9C.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 Amending
Section 265-23 of the Land Development Regulations Relating to Transfer of
Development Rights; Providing for Revised Definitions; Providing for Amendments to
the Provision on TDRs Transferred from City-Owned Sender Sites; Providing for
Amended Development Limitations on TDRs Transferred from Privately-Owned Sender
Sites; Providing for a Clarification to the Provision on TDRs from a Privately Owned
Sender Site to a Privately Owned Receiver Site; Providing for Clarifications to
Development Limitations Upon Receiving Sites; Providing for Amendments to the
Review Process by the City Commission and Recording of Documents; Providing for an
Amendment to the Zoning in Progress Provision and the TDR Bank Procedures and
Limitations, Attached Hereto as Exhibit "A"; Providing for an Effective Date,
Action: Acting City Clerk Walker read the title, and City Attorney Dannheisser reported.
Public Speakers: none
Commissioner Iglesias moved and Commissioner Thaler seconded the motion. LP A
Resolution No. 2004-24 was adopted by a voice vote of 5-0 in favor.
9C.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Section 265-23 ofthe Land Development Regulations, Relating to Transfer
of Development Rights; Providing for Revised Definitions; Providing for Amendments
to the Provision on TDRs Transferred from City-Owned Sender Sites; Providing for
Amended Development Limitations on TDRs Transferred from Privately-Owned Sender
Sites; Providing for a Clarification to the Provision on TDRs from a Privately Owned
Sender Site to a Privately Owned Receiver Site; Providing for Clarifications to
Development Limitations Upon Receiving Sites; Providing for Amendments to the
Review Process by the City Commission and Recording of Documents; Providing for an
Amendment to the Zoning in Progress Provision and the TDR Bank Procedures and
Limitations; Providing for a Repealer; Providing for Severability; Providing for an
Effective Date.
Action: Acting City Clerk Walker read the title, and City Attorney Dannheisser reported
Public Speakers: Peter Weiner
Commissioner Iglesias moved and Commissioner Brezin seconded a motion to adopt the
ordinance. Ordinance No. 2004-218 was adopted by a roll call vote of 5-0 in favor.
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Vote:
Commissioner Brezin
Commissioner Iglesias
Commissioner Thaler
Vice Mayor Goodman
Mayor Ede1cup
yes
yes
yes
yes
yes
10. RESOLUTIONS
lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Declaring Lewis Thaler as Vice Mayor for a Period of One Year; Providing for an
Effective Date,
Action: Mayor Ede1cup thanked Commissioner Goodman for his service as Vice Mayor
and requested that the Commission approve the selection of Commissioner Thaler as
Vice Mayor for a period of one year.
Public Speakers: none
Vice Mayor Goodman moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No. 2005-730 was adopted by a voice vote of 5-0 in favor.
lOB. 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, for a Two-Year Period;
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 Walker reported,
Public Speakers: none
Vice Mayor Goodman moved and Commissioner Brezin seconded a motion to approve
the resolution. Resolution No. 2005-731 was adopted by a voice vote of5-0 in favor.
10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Accepting the Results ofthe Special Election on Proposed Amendments to the City
Charter Which was Held on Tuesday, November 2, 2004; Providing for an Effective
Date.
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Action: Acting City Clerk Walker reported and Mayor Edelcup thanked the citizens for
voting,
Public Speakers: none
Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve
the resolution. Resolution No. 2005-731 was adopted by a voice vote of 5-0 in favor.
10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Establishing the Mayor's Fact-Finding Committee for the Beachwalk Initiative;
Providing for the Appointment of a Chair as the Liaison to the City Commission;
Providing for the Selection of Committee Members; Providing for the Termination of
Committee; Providing for an Effective Date.
Action: Mayor Edelcup asked for a motion to move this item out of order (after 10K)
and Commissioner Iglesias moved and Commissioner Brezin seconded a motion to hear
this item out of order. The motion was approved by a voice vote of 5-0.
Acting City Clerk Walker read the title and Mayor Edelcup asked Herb Abramson,
President of the Sunny Isles Beach Civic Cultural and Beautification Trust, to render a
report from the Trust. Mr, Abramson noted that a feasibility study needs to be done and
that there are several points that must be covered in this particular study, and the first and
most important is "Can the Oceanwalk be permitted?", and "What funding is available
through the State, the Federal Government, the County, and the City?"; and after that he
suggested that plans be drawn outlining what can be built there considering the terrain,
and with the approval of various governmental agencies, and after that it goes out for bids
and to determine what the cost is going to be. He said then we must determined where it
is going to be and, it is their position, that it should be commencing about a 100-yards
north of Haulover Beach by the Tropicana Condominium and extend up to the
Thunderbird, Turnberry property, He said the reason to stop there is because the beach
becomes very narrow from that point on, and it needs beach renourishment, which is
another project that should be started in the meantime, Mr. Abramson also noted that
there has been much controversy about this and he said he is sadden by that because the
City should be united working together. He then invited the Trust members to speak.
Public Speakers: Herb Abramson; Prosperous??; Bob Welsh; Bob Kaplan; Henry Kay;
Isaac Aeilon; Cassey Gabor; Alex Prosquell, President of Sunny Isles Beach Coalition of
Concerned Citizens; Lorens Tronet, Secretary of the Florida Ocean Club; Mercedes
Cantrell;
Mayor Ede1cup thanked the Trust on behalf ofthe Commission, for their efforts that they
put forth, as this project has taken considerable time, Vice Mayor Goodman noted that
the Trust is not a Committee ofthe City, and that they don't live in the Sunshine because
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they are a separate committee other then the City and their purpose for doing this is to
recommend to the City what they feel should be good for the citizens of Sunny Isles
Beach. Mayor Ede1cup clarified that the Trust is not adjunct to the City that it is a
separate charitable 501 c organization and has no political or administrative connection to
the City. He said they have brought this to the Commission and now the Commission
has to act upon some of the findings and believe that there is some merit in moving
forward with this process in a constructive manner, and he proposed that a fact-finding
committee be formed that is a subcommittee for this Commission, the Mayor's Fact-
Finding Committee, and that committee will have the responsibility to find answers to all
the questions that the Beautification Trust has brought up today. He noted they need to:
1) identify the various funding sources that may be available; 2) determine environmental
issues, make sure that the turtles and sea grapes are protected, that we are enriching the
beach and not destroying the beach; 3) see what permitting processes and agencies we
have to go through; 4) determine what the surface of the path will be; 5) determine
whether or not we can have some kind of lighting on the beach for security and safety
reasons and working that into the turtle issue; and 6) they have to look at the various
designs and ways of constructing this path. He said that we are trying to improve the
quality of life in our City and to do it in a manner that least offends any group of citizens
but overall enhances the quality of life for all of our citizens and that is the mission of
this fact-finding committee. He said he has asked the following people to be on this
Committee: Henry Kay; Hal Rosenstein; Dr. Kathy Schultz; Anthony LoCastro; Gloria
Taft; Alexander Fusco; and Hassida "Cassey" Gabor.
Henry Kay said he has a petition with 2,500 signatures for the beachwalk and submitted
them to the Commission for its record. Commissioner Thaler said that this is really the
first time that he has seen these things laid out and this will enhance the knowledge ofthe
people in Sunny Isles Beach. Commissioner Iglesias said that the people on the east side
are not against a beachwalk, they were against what was first proposed. He asked ifIsaac
Aeilon, an engineer, could be a member of this Committee, and 1) how much are we
willing to spend; 2) how long is it going to last; and 3) maybe we could look at a small
pilot program, for example, we have a park already on the beach side, it is 200- feet wide
(Samson Oceanfront Park) and if we go 300-feet south from that park and 300-feet north
from that park, now you have 800-feet, from Collins Avenue to the back of the Park is
about 400-feet. Mayor Edelcup said that we can give that to the Committee. Isaac
Aeilon accepted the position to become a member of the Committee. Mayor Edelcup
asked ifthe Committee can come back to them within six months, and everyone that he
named agreed to become a member. Mayor Edelcup asked to meet with the Committee
first and that each of the Commission would like to meet with them but one-on-one as
the Committee is not in the Sunshine. Commissioner Thaler asked to have a Workshop
in about three months instead of meeting on a one-on-one basis.
City Attorney Dannheisser noted that the reason that the committee does not have to
operate in the Sunshine is because they are not going to be making recommendations to
the Commission, they are actually going to be ascertaining facts, information, which the
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Committee is going to bring back to the Commission for them to make decisions and
evaluations. She asked the members to limit their activities to gathering information but
don't come to any conclusions about it because otherwise we may be in violation ofthe
Sunshine, and that is the reason eight members don't matter because they don't have to
vote on anything.
Lorens Tronet, Secretary of the Florida Ocean Club, volunteered his services to the
Committee, he said he worked with the National Park Service for a couple of years on
issues of beach erosion and beach nourishment, managed a Federal Wildlife Refuge,
served on a City Planning Commission, and is interested in preservation of our beach and
of getting along.
Vice Mayor Goodman moved and Commissioner Brezin seconded a motion to approve
the resolution. Resolution No. 2004-733 was adopted by a voice vote of5-0 in favor.
10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the City Manager to Apply for, Receive, and Expend Grant Funds by and
between the City of Sunny Isles Beach and the Miami-Dade County Federal Drug
Control & System Improvement Program (Byrne Grant) in the Amount of
$10,674.00, Representing a 75% ($8,005.00) Grant Award and 25% ($2,669.00) in
Matching Funds; Authorizing the City Manager to Do All Things Necessary to Effectuate
this Resolution; Providing for an Effective Date.
Action: Police Lt. Mike Grandinetti reported. Mayor Ede1cup asked for a report on taser
guns, and would like to set a policy on the use oftaser guns. City Manager Russo said
that Chief Maas already has an excellent policy in place. Chief Maas said that their
policy is the most recent and most stringent of policies, and every officer has gone
through extensive training, ChiefMaas said he would make the policy available to the
Commission through the City Manager's office.
Public Speakers: none
Vice Mayor Goodman moved and Commissioner Thaler seconded a motion to approve
the resolution. Resolution No. 2005-734 was adopted by a voice vote of 5-0 in favor.
10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the City Manager and City Attorney to Tender in the Court Registry of the
Clerk of Court ofthe Eleventh Circuit, the Sum of$2,250,000.00 to Acquire Fee Simple
Interest in the Alamo Property (18080 Collins Ave, Sunny Isles Beach) and the Sum of
$450,000.00 to Acquire the Leasehold Interest in the Alamo Property; Providing the City
Manager and the City Attorney with the Authority to Pay All Costs and Fees Associated
With Acquiring Fee Simple Title ofthe Alamo Property; Providing the City Manager and
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Summary Minutes: Regular City Commission Meeting November 18,2004
City of Sunny Isles Beach, Florida
the City Attorney To Do All Things Necessary to Effectuate this Resolution; Providing
for an Effective Date.
Action: City Attorney Dannheisser reported that there is an Order of Taking Hearing
scheduled for this case on December 6,2004, and the City's Special Counsel Norman
Malinski has advised the City that we need to have the necessary funds available. City
Manager Russo suggested rounding off the amount to $3 Million. City Attorney
Dannheisser said that the only issue that will be left for determination is the amount of
money we will pay. She said that at the time the judgment is entered the Order of Taking
is approved, the City owns the property, the title will pass, we can do whatever we need
to do with respect to the property. She said the issue will then become for a jury how
much is this property worth, there will be testimony about that and that will take a certain
amount of time. Commissioner Thaler said two years later they say $3 Million is not
enough and we have to pay $4 Million for it, will there be interest on the additional $1
Million, and City Attorney Dannheisser said she believes the Statute requires a fixed
interest but she does not know the amount, she will come back with that information,
Public Speakers: none
Resolution No. 2005-735, as amended, was adopted by a voice vote of 5-0 in favor.
lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the Purchase of Office Furniture from Herman Miller Corporate
Design Choice, Inc., Under State of Florida Government Contract No. A40913, in an
Amount of $43,961.03, Attached Hereto as Exhibit "A"; Authorizing the City Manager
to Do All Things Necessary to Effectuate the Terms ofthis Resolution; Providing for an
Effective Date.
Action: Planning and Zoning Administrator Jorge Vera reported.
Public Speakers: none
Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve
the resolution. Resolution No. 2005-736 was adopted by a voice vote of5-0 in favor.
10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the City Manager to Expend the Sum of $22,680.00 for an Engineering
Study by Florida Power and Light (FPL) for the Undergrounding ofthe Electrical
Distribution Lines for Project 8, Attached Hereto as Exhibit "A"; Providing the City
Manager with the Authority to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
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Summary Minutes: Regular City Commission Meeting November 18,2004
City of Sunny Isles Beach, Florida
Action: Planning and Zoning Administrator Jorge Vera reported.
Public Speakers: none
Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve
the resolution. Resolution No. 2005-737 was adopted by a voice vote of 5-0 in favor.
101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving Amendment No.3 to Contract by and between the City of Sunny Isles
Beach and Spillis Candela & Partners, Inc. for Additional Architectural and
Construction Administration and Threshold Inspector Services, with Respect to the
New Government Center Facility Located at 18070 Collins Avenue, in the Amount of
$159,530.19, Attached Hereto as Exhibit "A"; Providing for Execution by the Mayor;
Authorizing the City Manager to Do All Things Necessary to Effectuate Said
Amendment; Providing for an Effective Date,
Action: Planning and Zoning Administrator Jorge Vera reported.
Public Speakers: none
Vice Mayor Goodman moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No. 2005-738 was adopted by a voice vote of 5-0 in favor.
10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving a Change Order to the Agreement with Audio Visual Innovations, Inc., to
Provide AudioNisual Equipment and Installation for the Sunny Isles Beach
Government Center, in an Amount of $7,454.64, Attached Hereto as Exhibit "A";
Authorizing the City Manager to Do All Things Necessary to Effectuate Said Change
Order; Providing for an Effective Date,
Action: Acting City Clerk Walker read the title and City Manager Russo and Planning
and Zoning Administrator Vera reported.
Public Speakers: none
Commissioner Iglesias moved and Commissioner Brezin seconded a motion to approve
the resolution. Resolution No. 2005-739 was adopted by a voice vote of 5-0 in favor.
10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Accepting or Denying the Conveyance of Approximately 0.83 Acres of Real
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Summary Minutes: Regular City Commission Meeting November 18,2004
City of Sunny Isles Beach, Florida
Property ("Property"), Located at 500 Sunny Isles Boulevard, Owned by Joseph
Mazacco Irrevocable Trustee, in Accordance With and Subject to All ofthe Applicable
Provisions of the City Code and Section 265-23 of the City's Land Development
Regulations ("LDR's") Relating to Transfers of Development Rights ("TDR's"),
Including But Not Limited to Sections 265-23,3 (C) and (E) and Section 265-23.4 (C);
Further Imposing Certain Conditions Prior to the City's Acceptance ofthe Property and
Severance of the TDR's Prior to the Withdrawal of the TDR's from the TDR Bank,
Further Authorizing the Mayor to Execute Such Other Documents and Agreements as
May be Determined by the City Attorney to be Necessary to Consummate the
Conveyance ofthe Property to the City, Sever Development Rights from the Property and
Deposit Same to the Credit of the Applicant in the TDR Bank, Subsequent Withdrawal of
Said Development Rights at the Request of and for the Benefit ofthe Applicant During
the Five Year Period Commencing with the Passage ofthis Resolution, and Recordation
of Documentation; and Providing for an Effective Date.
Action: [City Clerk's Note: Heard out of order, see action under Item 4A] Acting City
Clerk Walker read the title and Clifford Schulman, Esq., asked for a deferral to the
December 9, 2004 Commission meeting so he can work with Bud Scholl and staff and
others, Mayor Ede1cup said the only way he would entertain a motion for deferral ofthis
item is if Mr. Schulman would be willing to bring it back under a different provision and
not under the Park Enhancement Bonus Program, but under the normal TDR Ordinance
as-of-right zoning. Mr. Schulman said that he did not agree to that, and again asked for a
deferral to December 9, 2004. Mayor Edelcup said he would go forward with it and
explained to the audience that we have a developer that does not like the story he heard
here tonight and is asking for the opportunity to defer it to buy more time. Mayor
Edelcup said that the issues are very clear, the developer has a small piece ofland that he
wants to add to a big piece of land that we already have and make a park out of it and
make millions of dollars as a result of that transaction. Mayor Edelcup said that we will
have a park no matter what happens and it is whether or not we want to make a park that
includes some 12,000 square feet of a piece of property that is 2/3rds under water, a
portion of this, and grant the owner of that park the opportunity of making millions of
dollars, and ifhe wants to donate something to us he can come back under our ordinary
ordinance for TDRs,
Mayor Edelcup passed the gavel to Vice Mayor Goodman to make a motion that the only
condition we would have in making a deferral is that it be brought back to us not under
the Park Enhancement Bonus but under the TDRs Ordinance, or turn it down tonight. He
further clarified that there is a two-acre piece ofland on the end of Sunny Isles Boulevard
of which this City has an existing lease with the County for that land (FDOT) and we
intend at a future date after all the parking congestion problems have been taken away, to
build a park there, and to build a park that has the capability of having a water taxi. He
said the proponent tonight has a sliver of land that is over on the southern end of that
piece of property that is less than 3/4ths of an acre, 36,000 square feet, but 2/3rds of it is
under water and only 12,000 square feet of a proposed 90,000 square foot park is his, the
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Summary Minutes: Regular City Commission Meeting November 18,2004
City of Sunny Isles Beach, Florida
other 80,000 is ours already, and what he wants in exchange for adding that piece ofland
to our park is to make seven or eight million dollars on a million dollar investment.
City Attorney Dannheisser clarified that the applicant's counsel is objecting to. Mr.
Schulman said he is objecting to the Mayor's comments, his prejudging of an application
that has not been presented, and he asked the court reporter to note that for the record,
and he said he believes that it is the deprivation of the fundamental precepts of due
process, and he believes that he has asked for a continuance and there has been no
showing of prejudice, a continuance was granted earlier in the meeting without question,
without doubt, and the motion you are making is a deferral with basically requesting that
the applicant give up a right to .. ...and Mayor Edelcup said he has a right to hear it
tonight. City Attorney Dannheisser said we need a motion, we have an objection, we
have a motion on the floor, a motion to accept or deny the deferral or accept the deferral
with conditions, we need a second and then you can have discussion, and asked Mayor
Edelcup what his motion is.
Mayor Ede1cup passed the gavel and moved and Commissioner Thaler seconded a
motion that the applicant withdraw his current request and resubmit it under the
TDR Ordinance that exists for the as-of-right development on that piece of property
and not for the Park Enhancement Bonus, City Attorney Dannheisser said as part of
deferral with conditions, and Mayor Edelcup said that is the condition of the deferral.
Commissioner Brezin said under this Park Enhancement Bonus they would be getting 3,7
in FAR and that would result in giving 136,887 square feet and 67 dwelling units
transferred to a private TDR Bank, under the base unit that the Mayor was just
discussing, it would be a 1.5 FAR and that base unit would give them 21 units, and
under these circumstances the applicant would like to use 1 Y2 acres which we are
planning to improve for a park, and they only have about a ~ acre, 2/3rds of which is
submerged. Vice Mayor Goodman said that the acreage is wrong, the total acreage
including underwater is .83, and Commissioner Brezin said yes, .838, and submerged is
.548, and Vice Mayor Goodman said the land itself is ,29 acres, in other words, a quarter
of an acre, he said he just wanted to clarify it for the record. Commissioner Iglesias said
that he doesn't disagree with everything the Mayor said but that one of the problems is
that we are going to have a park there no matter what, but he said he wanted to make it
clear that the land is not owned by the City, it is leased by the City, and FDOT has the
option within a month to take that land back, so to promise that we will have a park on
FDOT property is something we can't promise, if we have it and we can provide a park,
we will, but the bottom line of how long it is going to be, is subject to FDOT, in addition,
according to what the Right-of-Way Administrator said we have been very lucky getting
land from FDOT for a dollar a year, especially the City of Miami, when the leases are up,
FDOT is going to reevaluate how much it is going to cost, and it may be unfeasible for
the City to lease it because we will have to pay lease price, which is something that we
will have to look at in the future, just for the record. Mayor Ede1cup said it doesn't
matter who builds the park, the proponent or the City, it is leased land from the State and
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Summary Minutes: Regular City Commission Meeting November 18, 2004
City of Sunny Isles Beach, Florida
there is no reason to believe that we wouldn't be able to do it, and Commissioner Iglesias
agreed and said that is why it has to be looked at in itself, and we do not own that land.
Mr. Schulman said the park would have to be subject to FDOT approval. Mr, Schulman
said that the only issue before the Commission is the motion for deferral, and if the
Commission chooses to condition the motion as indicated and ifthat is the consensus of
the Commission they would respectfully withdraw their application. Vice Mayor
Goodman said that we get our zoning from the City Attorney and our City Attorney told
us 8 units or 21 units, and Mayor Edelcup said that each Commissioner has had an
opportunity to meet with the City Attorney and she has reviewed the application with
each Commissioner, and that is what they are responding to, and to set the record
straight, maybe he prejudged this but ifthat wasn't the intent of your proponent then why
did he send all his lobbyists in to see each and everyone of us ahead oftime to talk about
this particular proj ect if it was not for the fact that he wanted us to prejudge this proj ect.
Mr. Schulman said they were providing facts to the Commission, City Attorney
Dannheisser said the Commission depends on her for the legal interpretation not for the
planning calculations, and she asked if the Commission wants to act on the motion or
withdraw it. Mr. Schulman indicated that ifit was the consensus ofthe Commission to
grant such a motion, they will withdraw their application without prejudice. Mayor
Edelcup said his motion is the same as he previously stated.
Mayor Ede1cup passed the gavel and moved and Commissioner Brezin seconded a motion
to deny the deferral. The motion was approved by a roll call vote of 4-1
(Commissioner Iglesias against) in favor.
V ote: Commissioner Brezin yes
Commissioner Iglesias no
Commissioner Thaler yes
Vice Mayor Goodman yes
Mayor Edelcup yes
Mr. Schulman, Esq., withdrew the application without prejudice. Mayor Ede1cup
explained that the applicant had decided not to go forward, and said that if it is at all
possible a park will be built there and that the City will work with FDOT to make sure
they are in concurrence with us,
11. MOTIONS
l1A. Request for an Extension of Time to Pull a Building Permit Filed by Regalia/La
Mansion, LLC.
Action: Item deferred to January 13, 2005.
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Summary Minutes: Regular City Commission Meeting November 18,2004
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12. DISCUSSION ITEMS
12A. Discussion regarding Wall Signs,
(Item not reached)
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
13A. Add-On: Isaac Aeilon said that in reference to 10H, regarding an Engineering Study by
Florida Power and Light (FPL) for the undergrounding ofthe electrical distribution lines,
the City has the Tropicana at the southern border of the City, from the Tropicana all the
way to the bridge entering Bal Harbour, that section on the east side of Haulover Beach
has the distribution wires and transformers up which are antiquated and asked if City
Manager Russo could ask FPL to do a minimal study of this. City Manager Russo
clarified what Mr. Aeilon said, that those old type transformers continue down to
Turnberry, and Mr. Aeilon said correct. City Manager Russo said one ofthe things that
may help resolve that is that Related paid, when they opened Ocean IT, all these fees up
front for the undergrounding ofthe utilities from Ocean IT north of Ocean I, and it is still
being worked on, it has not happened yet because of a couple of easements that we
secured. He said that Turnberry is obligated to do the same thing in their vicinity, the
Trump projects will be obligated to do the same thing as well. He said it takes years but
in this particular instance 80% of it will be done by developers and then we would
orchestrate the piece by the Tropicana and the Ocean Palm.
14. ADJOURNMENT
Vice Mayor Goodman moved and Commissioner Thaler seconded a motion to adjourn the
rp..eeting, and Mayor Ede1cup adjourned it at 11 :00 p.m.
, ~.. Respectfulf;:submitted by:
:. .::~~ ~4.~
:! '. J.ane ~. Hines, City Clerk
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