HomeMy WebLinkAbout2004 0708 Regular City Commission Meeting
SUMMARY MINUTES
Regular City Commission Meeting
Thursday, July 8, 2004, 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 Ede1cup at 7:31 p.m., with the following
officials present:
Mayor Norman S. Edelcup
Vice Mayor Gerry Goodman
Commissioner Roslyn Brezin
Commissioner Danny Iglesias
Commissioner Lewis J. Thaler
City Manager Christopher J. Russo
City Attorney Lynn M. Dannheisser
City Clerk Jane A. Hines
2. PLEDGE OF ALLEGIANCEIINVOCA TION
Action: City Attorney Dannheisser led the Pledge of Allegiance to the flag. Richard C.
Schulman gave an invocation.
Mayor EdelcuP gave opening remarks of decorum.
3. APPROVAL OF MINUTES
3A. Special City Commission Meeting - May 20, 2004,
3B. Regular City Commission Meeting - June 17,2004.
Action: Commissioner Iglesias 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.
4. ORDER OF BUSINESS (AdditionslDeletionsIAmendments)
4A. Request to Hear Items: Item 7C (Color Palette Ord) and Item lOF (Attorney Fees) were
amended.
Action: Mayor Edelcup announced the above changes.
Summary Minutes: Regular City Commission Meeting
July 8, 2004
City of Sunny Isles Beach, Rorida
5. SPECIAL PRESENT A TIONS
SA. Add-On:
Presentation by Loretta Mufson, Vice President of Administration of the North Miami
Beach Optimist Little League, of a Plaque Thanking the City for Their Support of the
2004 North Miami Beach Optimist Little League.
Action: Mayor Edelcup and Deputy City Attorney Hans Ottinot accepted the Plaque on
behalf of the City.
6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. Request of Porto Bellagio Partners LLC, Owner of the Property Located at 17125 -
17145 North Bay Road, Sunny Isles Beach, Florida, for the Following:
[Hearing #Z2004-04]
1. Variance of Section 265-45(I)(c)(1) of the Code of the City of Sunny Isles Beach to
permit a proposed pool for a condominium building to setback 11.5 feet from the interior
side south property line (22 feet required).
Protests 0 Waivers 0 Ex-Parte 0
Action: City Clerk Hines read a disclaimer for the Zoning hearing, and read the
applicant's name, hearing number, location and then administered the oath to the
witnesses for the Zoning hearing. Planning and Zoning Administrator Jorge Vera reported
recommending approval of the variance, subject to staff conditions.
Public Speakers: David Metzner; Kathleen Kennedy; Mary Ann Eicke; Lila Kauffman
David Metzner, Director of Development for the Bradford Group, purchased the Porto
Bellagio Complex on North Bay Road and reported he was requesting a variance for a
new swimming pool, and presented photographs of the area. He noted that the safety of
the children are of concern as they cross the dangerous s-curve of North Bay Road to get
to the only pool in the complex. Mr. Metzner also stated that they have a new lighting
plan already in place and will begin installing within the next two weeks.
Commissioner Brezin moved and Commissioner Iglesias seconded a motion for
approval as amended, subject to staff conditions. Resolution No. 04-Z-87 was
approved by a roll call vote of 5-0 in favor.
Vote: Commissioner Brezin yes
Commissioner Iglesias yes
Commissioner Thaler yes
Vice Mayor Goodman yes
Mayor Ede1cup yes
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City of Sunny Isles Beach, Rorida
7. ORDINANCES FOR FIRST READING
7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Section 33-7 A. of the Code of Ethics which has Required Only Disclosure
of Personal Investments that Might Create a Conflict, to Now Provide a Prohibition
Against Interests in Conflict with Official Duties Provision, Including Unwarranted
Privileges; 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 Hines read the title and City Attorney Dannheisser reported.
Public Speakers: Henry Kay; Mary Ann Eicke; Susan Fried; Lila Kauffman; Kathleen
Kennedy
Mayor Edelcup clarified that there is nothing in this ordinance to prohibit a Commissioner
from making an investment in these buildings after they have voted to approve the project,
and that the issue is: when is the appropriate time to make that investment. Commissioner
Iglesias said that the current law as we have it, works, and not to change it.
Commissioner Brezin moved and Commissioner Thaler seconded a motion to approve
the proposal on first reading. The motion was approved by a roll call vote of 4-1
(Commissioner Iglesias against) in favor. Second reading, public hearing will be
held on Thursday, July 22, 2004, at 7:30 p.m.
Vote: Commissioner Brezin yes
Commissioner Iglesias no
Commissioner Thaler yes
Vice Mayor Goodman yes
Mayor Edelcup yes
7B. An Ordinance 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: City Clerk Hines read the title and City Attorney Dannheisser reported. Mayor
Ede1cup noted that the wind blows through the fences on the east side of Collins A venue
destroying the plants in the medians, and this Ordinance is to retroactively allow property
owners who have already erected a construction fence that does not comply with this
ordinance, to have 90-days from the passage of this ordinance to come into compliance.
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City of Sunny Isles Beach, Rorida
Public Speakers: none
Commissioner Thaler moved and Commissioner Brezin seconded a motion to approve
the proposal on first reading. The motion was approved by a roll call vote of 4-1
(Commissioner Iglesias against) in favor. Second reading, public hearing will be
held on Thursday, July 22, 2004, at 7:30 p.m.
Vote: Commissioner Brezin yes
Commissioner Iglesias no
Commissioner Thaler yes
Vice Mayor Goodman yes
Mayor Ede1cup yes
7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Adopting Standards, Requirements and Restrictions on Materials and Colors for
Exterior Walls of Buildings; Providing for Facing Materials; Providing for Samples of
Colors and Paintings and Awning Works; Providing for a Materials Chart in Connection
with Any Site Plan Approval; Providing for Severability; Providing for Repeal of
Conflicting Ordinance and Specifically Ordinance No. 98-47; Providing for Inclusion
into the Code and Providing for an Effective Date.
Action: City Clerk Hines read the title and City Attorney Dannheisser reported that a
substitution Ordinance had been distributed earlier, inserting in Section 1 of page 2, "up to
the 4th panel of each color palette strip (No.s 2419 - 2421)", and Planning and Zoning
Administrator Jorge Vera handed out the Sherman Williams Exterior Colors Palette. City
Attorney Dannheisser said that gloss and semi-gloss paint not be used except for doors
and trim, and that single-family homes are exempt from this requirement. She said that a
materials chart is also required so that the Commission at Site Plan Review can see the
roofing, sample colors, and materials to be used on the building, which will be maintained
in the Building Department until the issuance of a CO.
Public Speakers: Henry Kay; Joseph Milton
Mayor Ede1cup clarified that the City Commission in its initial Site Plan Review approves
the color, any repaints will still be a staff function, and must be in accordance with the
color palette.
Joseph Milton said that flat paint is the worst paint to use on the exterior of a building, it
has no resistance to waterproofing, and that Semi-Gloss is a much better paint. After
discussion the Commission agreed to add Semi-Gloss to the palette.
Commissioner Iglesias moved and Vice Mayor Goodman 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, July
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City of Sunny Isles Beach, Rorida
22,2004, at 7:30 p.m.
Vote: Commissioner Brezin yes
Commissioner Iglesias yes
Commissioner Thaler yes
Vice Mayor Goodman yes
Mayor Ede1cup yes
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
9. ORDINANCES FOR SECOND READING (Public Hearings)
9A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Ordinance No. 2004-203, Establishing Guidelines for the Issuance of
Special Events Permits; Providing for the City Manager or Designee with the Authority
to Issue, Modify, or Revoke Permits for Special Events; Providing for Enforcement;
Requiring Applications for Outdoor Events that are not "Special Events" as Defined
Hereunder; Providing for a Repealer; Providing for Inclusion in the Code; and Providing
for an Effecti ve Date.
Action: City Clerk Hines read the title, and Building and Code Enforcement & Licensing
Department Assistant Administrator Robert Solera reported, and noted that this is for
events that encompass 1,000 people or more.
Public Speakers: none
Commissioner Thaler suggested that it should be 500 people not 1,000, and
Commissioner Iglesias offered a compromise of 750. It was the consensus of the
Commission to change it to in excess of 750 people.
Commissioner Iglesias moved and Commissioner Brezin seconded a motion to adopt the
ordinance, as amended. Ordinance No. 2004-209 was adopted by a roll call vote of 5-
o in favor.
Vote: Commissioner Brezin yes
Commissioner Iglesias yes
Commissioner Thaler yes
Vice Mayor Goodman yes
Mayor Edelcup yes
9B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Providing for Amendment of the City Charter by Amending Section 2.5 "Vacancies;
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Forfeiture of Office; Filling of Vacancies" by Amending Subsection (C) "Filling of
Vacancies" to Revise Procedure for Filling Vacancy in Office of Mayor and Commission
Members; Amending Section 2.6 "Compensation; Reimbursement for Expenses" to
Provide for Compensation for the Mayor and City Commissioners; Amending Section
5.1 "Elections" to Revise Date of General Election for Mayor and City Commissioners;
Amending Section 2.3 "Election and Term of Office" to Revise Limitations on Lengths
of Service as Mayor and City Commissioners and to Establish Term Limits for Members
Serving on the City Commission; Providing Requisite Ballot Language for Submission to
Electors; Providing for Copies of This Charter Amendment to be Available for Public
Inspection; Providing for the City Clerk to Utilize the Services of Miami-Dade County
Supervisor of Elections; Providing for Severability; Providing for Inclusion in the
Charter; Providing for Adoption of Enabling Resolution; and Providing for an Effective
Date,
(First Reading 5/20104 & Second Reading 6/3104)
Action: City Clerk Hines read the title, and City Attorney Dannheisser reported that there
is a minor amendment to the ordinance, as the original provision included an adjustment
for the cost of living provided to the employees of the City to be applied to compensation
to Commissioners, and it came to her attention that employees do not receive a cost of
living increase each year, so this ordinance was amended by deleting that provision and
inserting instead, in accordance with the CPI Index. Mayor Edelcup explained the Charter
amendments.
Public Speakers: Henry Kay; Lila Kauffman; Mary Ann Eicke
Vice Mayor Goodman moved and Commissioner Thaler seconded a motion to adopt the
ordinance. Ordinance No. 2004-207 was adopted by a roll call vote of 5-0 in favor.
Vote: Commissioner Brezin yes
Commissioner Iglesias yes
Commissioner Thaler yes
Vice Mayor Goodman yes
Mayor Edelcup yes
10. RESOLUTIONS
lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the Transfer of Development Rights (TDRs) from 17200 Collins A venue
(the "Casino Property") in the Amount of 3.75 F.A.R. (566,737 Square Feet) and 80
Dwelling Units per Acre (277 Dwelling Units) to the TDR Bank to Comply with the
Requirements of Resolution No. 2004-681; Directing the Planning and Zoning
Administrator or Designee to Transfer the TDRs in Accordance with Resolution No.
2004-681; Providing the City Manager with the Authority to Do All Things Necessary to
Effectuate this Resolution; and Providing for an Effective Date.
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City of Sunny Isles Beach, Rorida
Action: City Clerk Hines read the title and City Attorney Dannheisser reported that this
is a ministerial transaction to direct the Zoning Director and the Finance Director to
move these TDRs from the Casino property into the account of Ocean IV. Vice Mayor
Goodman asked for clarification if all the TDRs from that project are being transferred to
Ocean IV, and City Attorney Dannheisser said no, just a portion, it is going into a bank.
Public Speakers: Henry Kay; Isaac Aelion
Mayor Edelcup explained that the City received the Casino site as a park and when
closing took place last week, the City received the land and in exchange for which we
now have to give the former owner the TDRs. He said that the TDRs are a right which is
being registered into a bank account that is kept here in City Hall that basically allots that
that particular property had so many TDRs on it and it is owned by the person who gave
us that land and he can then withdraw from that to only approved sites for the use of
those TDRs and then we subtract from that bank so we always have a running total. City
Attorney Dannheisser noted that those rights however, only became rights once the
Commission voted on them. Commissioner Thaler commented that they have five years
in which to use them.
Vice Mayor Goodman moved and Commissioner Igleisas seconded a motion to approve
the resolution, as amended. Resolution No. 2004-685 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,
Authorizing the Chief of Police, in Accordance with Section 932.7055, F.S. to
Expend $72,750.00 from the Law Enforcement Trust Fund (L.E.T.F.) Forfeiture
Fund, for the Purpose of Purchasing Secondary Non-Lethal Weapons, Charitable
Contributions, Re-Striping of Thirty (30) Marked Police Vehicles, and Legal Fees;
Providing for an Effective Date.
Action: City Clerk Hines read the title and Police Chief Fred Maas reported.
Public Speakers: none
Commissioner Iglesias moved and Vice Mayor Goodman seconded a motion to approve
the resolution, as amended. Resolution No. 2004-686 was adopted by a voice vote of
5-0 in favor.
10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving an Agreement by and between the City of Sunny Isles Beach and Ron Silver
and Associates, Inc. for Professional Legislative Relations and Lobbying Services to
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City of Sunny Isles Beach, Rorida
Coordinate with State and Federal Agencies, in an Amount of $3,000.00 per month,
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 Effective Date.
Action: City Clerk Hines read the title and City Manager Russo reported that this is on a
month-to-month basis for lobbying services at the Federal level to secure funding for
various projects, in particular, the Center Island Drainage Project. He said that the
Engineering firm ofBH&A has submitted 95% complete plans and we will be out to bid
in August on this project, and that there is available money through FEMA.
Public Speakers: none
Vice Mayor Goodman moved and Commissioner Iglesias seconded a motion to approve
the resolution, as amended. Resolution No. 2004-687 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,
Ratifying Change Orders to the Contract by and between the City of Sunny Isles
Beach and Weitz Company, for Construction of the New Sunny Isles Beach
Government Center Located at 18070 Collins A venue; Authorizing the City Manager to
do All Things Necessary to Effectuate Said Change Orders; Providing for an Effective
Date.
Action: City Clerk Hines read the title and City Manager Russo reported noting that he
had handed out a follow-up memo explaining the change orders. He noted that the
original price is being funded through four areas: $17.5 Million bond issue for various
aspects of the project; $2.2 Million from the sale of the property on Sunny Isles
Boulevard that was to be used for the City Hall; approximately $550,000 of Police
Impact fees which will be spent on the Police areas of City Hall; and, $475,000 in
Municipal Facility Impact fees. Mayor Edelcup also noted that in addition to all those
revenue sources, we also have the rent coming in annually from Tony Roma's, and City
Manager Russo said the minimum rent is $210,000.00 a year, which will offset
somewhere between 50% and 60% of operating costs on the new City Hall.
City Manager Russo noted that we are considering finishing off the cinder block on the
interior of the parking garage, which would come back in the future as a change order.
Mayor Edelcup noted the structural change of $355,000.00, that perhaps some of that
cost was caused by our Architect, and that the City Manager may be pursuing a claim
against them for missing this, and City Manager Russo said that they are going to look at
where there may have been some omissions on the plans with regard to the structural
necessities. City Manager Russo commended Planning and Zoning Administrator Jorge
Vera and Jim Marshiano, Construction Manager from Weitz Company.
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City of Sunny Isles Beach, Rorida
Public Speakers: none
Commissioner Brezin moved and Commissioner Thaler seconded a motion to approve
the resolution, as amended. Resolution No. 2004-688 was adopted by a voice vote of
5-0 in favor.
10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving an Agreement by and between the City of Sunny Isles Beach and Calvin
Giordano & Associations, Inc., to Provide Land Surveying, Engineering Design,
and Construction Inspection Services for an Underground Drainage System for
Margolis Park, Located between Northeast 178th Drive and North Bay Road, in an
Amount Not to Exceed $55,251.00, Attached Hereto as Exhibit "A"; Authorizing the
Mayor to Execute Said Agreement; Authorizing the City Manager to do All Things
Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title and City Manager Russo reported.
Public Speakers: none
Commissioner Iglesias felt that this fee was high. City Manager Russo said he did
negotiate down on the surveying and some other things because we did find some partial
surveying information done by Nova Engineering and BH&A that helped offset it a little.
Commissioner Iglesias said that it could be knocked down a couple of thousand. City
Manage Russo said he would set this as the max and asked Shelley Eichner if she could
relay this to the office.
Vice Mayor Goodman moved and Commissioner Brezin seconded a motion to approve
the resolution. Resolution No. 2004-689 was adopted by a voice vote of 5-0 in favor.
lOF. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the City Manager to Pay Costs in the Aggregate Amount of $3,965.89;
Further Providing the City Manager with the Authority, if Necessary, to Place in an
Escrow Account or Deposit into the Registry of the Circuit Court the Sum of
$154,452.50 for Attorney's and Appraiser's Fees; Providing for an Effective Date.
(18100 Collins Avenue Shopping Center, Ltd. et al)
Action: City Clerk Hines read the title and City Attorney Dannheisser reported, noting
that she revised this Resolution by requesting the Commission's approval for items 3-6 to
be paid as reasonable costs and that they will be negotiating the balance of these
numbers.
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Summary Minutes: Regular City Commission Meeting
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City of Sunny Isles Beach, Florida
Public Speakers: none
Vice Mayor Goodman moved and Commissioner Brezin seconded a motion to approve
the resolution, as amended. Resolution No. 2004-690 was adopted by a voice vote of
4-0-1 (Commissioner Iglesias had stepped out of the room) in favor.
11. MOTIONS
llA. Call for a Motion to accept the resignations and confirmation of the following
appointments to the Mayor's Advisory Council (MAC):
· Vice Mayor Goodman's Appointment to the Education/Schools Committee:
Accept the resignation of Phillip Chernoff and confirm the appointment of Laura
Arzumanova and
· Commissioner Thaler's Appointment to the Health & Welfare Committee:
Accept the resignation of Trina Duluc and confirm the appointment of Mitchell
Reich.
(Deferred from 6/17/04)
Action: City Clerk Hines read the title, and Mayor Edelcup reported.
Public Speakers: none
Commissioner Thaler moved and Vice Mayor Goodman seconded a motion to approve
the appointment of Laura Arzumanova to the Education/Schools Committee, and
Mitchell Reich to the Health and Welfare Committee. The motion was approved by
a voice vote of 5-0 in favor.
12. DISCUSSION ITEMS
12A. Discussion regarding Transferable Development Rights (TDRs).
Action: Mayor Edelcup reported that during the past year the only private to private
TDR transaction that was completed was one in which one of the owners of the sender
site was also the developer of the receiver site. He said that although we have approved
the transfer of 578,864 square feet of development rights, the City has received only one
site for public purpose development, and in order for the City to move forward with its
mission to obtain lands for public purpose development, the City needs to be the seller of
TDRs it obtains in the process of acquiring land for needed public use. He noted that this
can be accomplished by purchase or eminent domain proceedings. He said if the City is
the sole seller of TDRs it will be better to administer the pricing of TDRs through the
appraisal process it has already established, and the only exception is when the developer
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Swnnwy Mioo"" R'g'''' Ci~ Cm"""',i," M~ti'g Jolly J
owns both the receiver and sender sl
accept, through donation, the sender:
Mayor Edelcup said in order to facili
cash flow or return, there should no 101
development, and the amount ofTDR:
Site Plan Review process. Mayor E
would ask the City Attorney to redraftl
applications will be subject to these rj
Public Speakers: Clifford Schulman;,
*' ~a Kauffman; Arie Steiger I
Commissioner Iglesias agreed with rei
receive land, let's receive it and let thl
Thaler said he would also like to in
Edelcup said he thought we had al
documented and it should be. Vice N;
with the person that is selling the pro)
Mayor Edelcup said that there hasn't 1
because everyone thinks they can fit
happening, nothing is moving, and h(l
create an orderly transition for this"
something that the City is directly con
well as determined where it should 11
transaction and they are giving us l~:
private transaction, so we would be
private and therefore that would elirl
asked if there would be one price for I
set by the appraisal.
Clifford Schulman, Esq., said that Tf
Ordinance alone and let the marketpl
Mayor Edelcup asked for a consem
Ordinance, and noted that this Ordim
recessed in August, and if private to I
will be two meetings on this ordinan
the cap removed, and see owner to m
. . . I
to gIve It tIme to work. Commissio
'. . I
IncentIve to the pnvate sector. Vi
performance, and he wants to do awal
there is a time limit on it now, sh
..,
)t'~ ~~7
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Summary Minutes: Regular City Commission Meeting
July 8, 2004
City of Sunny Isles Beach, Florida
owns both the receiver and sender sites and has received the approval of the City to
accept, through donation, the sender site for City needs.
Mayor Edelcup said in order to facilitate selling TDRs by the City and to maximize its
cash flow or return, there should no longer be a "cap" on the number ofTDRs sold to one
development, and the amount ofTDRs sold will still remain subject to the Commission's
Site Plan Review process. Mayor Edelcup stated that if the Commission agrees, he
would ask the City Attorney to redraft the Ordinance to conform to this statement, and all
applications will be subject to these new terms, unless they have already vested.
Public Speakers: Clifford Schulman; Henry Kay; Arnold Shevlin; Mary Ann Eicke; Bill
Lone; Lila Kauffman; Arie Steiger
Commissioner Iglesias agreed with removing the cap but noted that if the City is going to
receive land, let's receive it and let them worry about selling the TDRs. Commissioner
Thaler said he would also like to include a height limit on the east side, but Mayor
Edelcup said he thought we had a height limit at 55 but he didn't think it was
documented and it should be. Vice Mayor Goodman noted if a developer wanted a deal
with the person that is selling the property then he would deal directly with that person.
Mayor Edelcup said that there hasn't been a transaction and it is upsetting the TDRs price
because everyone thinks they can negotiate for a lower and lower price and it is not
happening, nothing is moving, and he thinks that maybe government has to step in and
create an orderly transition for this, and since this is such a unique commodity it is
something that the City is directly concerned with because it has to accept the property as
well as determined where it should go. Commissioner Brezin clarified if it is a City
transaction and they are giving us land and they can have the TDRs as opposed to a
private transaction, so we would be eliminating or placing restrictions on private to
private and therefore that would eliminate a competitive deal. Commissioner Thaler
asked if there would be one price for all the TDRs, and Mayor Edelcup said it would be
set by the appraisal.
Clifford Schulman, Esq., said that TDRs are discretionary, and suggested to leave the
Ordinance alone and let the marketplace adjust.
Mayor Edelcup asked for a consensus to ask City Attorney Dannheisser to draft an
Ordinance, and noted that this Ordinance wouldn't be ready until September since we are
recessed in August, and if private to private transactions resolves itself meantime, there
will be two meetings on this ordinance. Commissioner Iglesias said that he would like
the cap removed, and see owner to owner, but don't remove private to private right now
to give it time to work. Commissioner Brezin said during this period it would be an
incentive to the private sector. Vice Mayor Goodman said we are guided by past
performance, and he wants to do away with the cap. Commissioner Thaler said basically
there is a time limit on it now, show us what can and should be done, and in the
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City of Sunny Isles Beach, Rorida
meantime we are asking the City Attorney to draw up the Ordinance. Mayor Edelcup
clarified that the City would be the sole seller except where a developer buys for its own
use and remove cap.
12B. Discussion regarding Submerged Land,
Action: Mayor Edelcup reported that there have been a lot of definitions in our Land
Development Regulations about calculating FAR and gross property, density, and
whether or not submerged land, wet lands, up lands, and all the various forms, just want
to make sure that what is in the Ordinance doesn't conflict within itself. Planning and
Zoning Administrator Jorge Vera stated that he wanted to get clarification from the
Commission regarding the definitions of what submerged land is and how it is applied if
it is to be applied to the whole City or to the Town Center area. He said he believed the
issue arose during the Town Center area in the strip abutting the canal behind the
southern portion of Sunny Isles Boulevard and it could affect several properties
especially the ones that have been going through negotiations. He said we need to
address this to assure what the FAR is, if submerged land is to be counted toward the
FAR and density. He said the discrepancies are between the FAR, gross acre and gross
area vs, the lot area, one is contradicting the other up to a point, we need to decide if
submerged land is to be counted toward the FAR and density.
Mayor Ede1cup said the options are to either not count any of the submerged land in the
calculation of the FAR, count it all, or conceivably there could be a compromise and
count a portion of it. Commissioner Iglesias said we spoke about that in the last
workshop and whatever land you own, you pay taxes on it, and you count it, and they
threw out the riparian rights. Mayor Edelcup said he has a problem with submerged land
because in some cases we have seen properties where 2/3rds or 3/4s of the land has
eroded and become submerged and only maybe a l~ of the property is left and are we
going to allow on that l~ property something to be built that would have otherwise been
built on that entire property.
Public Speakers: Joseph Milton; Cliff Schulman
Joseph Milton said that this was discussed at the workshop, as he brought it up with
riparian rights because overnight he lost 25% of the land because his surveyor put the
property line in the wrong place. He said there are two definitions of density: 1) gross
density, which counts the entire acreage including submerged land and upland; and 2) net
density, includes only upland, and that this was discussed at the February 8, 2004 Town
Center Workshop. Mayor Edelcup said that this Commission can affirm what was said at
that Workshop and instruct staff to correct it, or the Commission can disavow if it so
chooses. Vice Mayor Goodman asked City Attorney Dannheisser if we did anything to
anybody that would harm this, and City Attorney Dannheisser said that she agreed that
there is a discrepancy in definitions, the interpretation, every since the passage of the
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Summary Minutes: Regular City Commission Meeting
July 8, 2004
City of Sunny Isles Beach, Rorida
Intracoastal Towers where the submerged land acres were counted, has been consistently
not to include submerged land. She said that the RU-4A was specifically amended to
exclude submerged land.
Commissioner Iglesias said that it was specifically said at that workshop if you don't
count submerged lands you are not going to get anything developed, there is no room,
and what Mr. Milton said is correct. Commissioner Iglesias made a motion to clarify
what was said at the February 8, 2004 Workshop, and Mr. Milton played a copy of a
cassette tape, Side B, from the February 8, 2004 Town Center Workshop regarding
submerged land:
Shelley Eichner: The final item that was discussed at the last meeting was
whether wet lands and submerged land should be included in the FAR
calculation, and at that time the consensus was that wet lands should be included,
submerged land excluded. Out of an outgrowth of that and I think one of the
major areas of the City that you all saw when you got your big aerials was the
area again on the south side of Sunny Isles Beach Boulevard and there is that
canal and in reviewing some of the older plats and as you all saw, we developed
those maps with the parcel lines which is what you had requested, there were
some questions raised whether or not the maps were accurate and the question in
particular came up was whether the water area the canal area south was part of
the property of the lots or whether it wasn't and to add further to the confusion
when one pulled out, so when we went back to our office and researched
everything and when we did pull out the old recorded plat which, I have my
surveyor Joe Aldecosta here who heads up our Survey Department, I believe it
was recorded in 1950 Joe?
Joe Adecosta: 1951, April.
Shelley Eichner: In 1951, for whatever reason that we don't understand there is a
line that shows the bulkhead line and then there is a dotted line that goes out into
the middle of the canal, 65-feet into that canal, that says property line. So therein
rose some confusion as to whether our maps were accurate and what was going
on. We have done much research over the last two days and we have now come
to the conclusion that we don't know why the word "property line" is there but
clearly and without a doubt, the land, the water area is owned by the State of
Florida. So all of the property owners on the south side of Sunny Isles Beach
Boulevard they own to the bulk head line, some of it may be under water, which
you can clearly see from the aerial, you see it even better on the larger aerial that I
delivered the other day, so those properties go to the bulk head line which is in
essence the property line and that would then be an appropriate measure on which
to base your FAR, and lets not even really, you know, get into the issue of
wetlands and submerged land.
Commissioner Iglesias: Just the property owners, correct?
Shelley Eichner: The property line.
Commissioner Iglesias: I agree.e
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Summary Minutes; Regular City Commission Meeting
July 8, 2004
City of Sunny Isles Beach, Rorida
Mayor Edelcup: What ever ownership is presented is what we should use.
Shelley Eichner: correct,
Mayor Edelcup: If you own it you can count it and if you don't own it you can't.
Shelley Eichner: and we are very confident that the dimensions and the property
lines that are shown on the maps and the aerials that we distributed are 100%
accurate and if you have any other questions regarding it, you know Joe can go
into a lot more detail about bulkheads and upland areas and water but we are
100% convinced...
Mayor Edelcup: Like I said, in order to make it simple, if you own it we will
count it and if you don't own it we don't count it whether it is submerged or
wetlands.
Shelley Eichner; Right, correct, and that is fine.
Commissioner Iglesias: And I believe, Shelley just to add clarification because
obviously I raised the issue because I got the maps from the right-of-way, the
Department is very convenient when you can just go down and get it, but I think
the problem is because with these owners probably have riparian rights which
means they can use part of that property,
Shelley Eichner: They can use it but they don't own it.
Commissioner Iglesias: that is correct, that is what I am saying, every water land
is owned by the State of Florida anyway, okay, so the property... terminology
you use just gi ve them for whatever property they own.
Shelley Eichner: Correct, and we don't know why the word "property line" is
there but it certainly created much confusion and work the last couple of days,
but that was fine.
Mayor Edelcup: That should get us down to the last item...
Commissioner Iglesias said he would like to revise his motion that we approve up to the
bulk head line, Commissioner Brezin seconded it. Commissioner Thaler said no, he
would like to go through the whole tape himself. Vice Mayor Goodman said he is
comfortable with it. City Attorney Dannheisser said it should be property line not bulk
head line, and clarified that submerged lands can be calculated for FAR and density
purposes, and Commissioner Iglesias said yes, up to the property line. Mayor Edelcup
said that all the other definitions need to reflect this.
Commissioner Iglesias moved and Commissioner Brezin seconded a motion to amend
Ordinance No. 2004-201, to approve up to the property line. The motion was
approved by a roll call vote of 4-0-1 in favor (Commissioner Thaler against).
Vote: Commissioner Brezin yes
Commissioner Iglesias yes
Commissioner Thaler no
Vice Mayor Goodman yes
Mayor Edelcup yes
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Summary Minutes: Regular City Commission Meeting
July 8, 2004
City of Sunny Isles Beach, Florida
12C. Add-On Item:
Discussion regarding the City Commission meetings schedule.
Action: Commissioner Thaler said he would like to make a recommendation that
starting in October we go back to the original meetings, prior to this year. He said now
we have two set meetings and he believes that we should have one optional meeting each
month. Mayor Edelcup said we will go back to one optional meeting each month and we
would set that as we go, and it was the consensus of the Commission that the first
meeting of the month (the second Thursday of the month), would be the required
meeting, and the second meeting (fourth Thursday) would be the optional meeting.
12D. Add-On Item:
Mayor Edelcup announced that there is a sculpture on the table that was being considered
for the Samson Oceanfront Park, and that we will bring it up again at the next meeting,
July 22, 2004, and that it will be here in the Commission Chambers for those who want
to look at it.
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICA TIONS
None
14. ADJOURNMENT
Mayor Edelcup adjourned the meeting at 11 :33 p.m.
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Approved by the City Commission on July 22,2004
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