Loading...
HomeMy WebLinkAbout2004 0603 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, June 3, 2004, 7:30 p.m. City of Sunny Isles Beach, Florida A TTENTION ALL LOBBYISTS: CITY LA W REOUlRES 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 ORDERlROLL 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. Edelcup Vice Mayor Gerry Goodman Commissioner Roslyn Brezin (arrived at 7:47 p.m.) Commissioner Danny Iglesias Commissioner Lewis J. Thaler (via conference telephone) City Manager Christopher J. Russo City Attorney Lynn M. Dannheisser City Clerk Jane A. Hines Mayor Edelcup noted that Commissioner Thaler is in Connecticut and that we are trying out on a trial basis, a telephone conference for this Commission meeting, and we will see how it proceeds so that we will know in the future if this is an opportunity or not to make sure all of our members are present at the Commission meetings. Commissioner Brezin noted she was late because of a lockdown at her building due to a minor fire. 2. PLEDGE OF ALLEGIANCEIINVOCA TION Action: Vice Mayor Goodman 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 None 4. ORDER OF BUSINESS (AdditionslDeletions/Amendments) 4A. Request to Hear Items: Amendments to Items 6A, 9B and 9C. Action: Mayor Edelcup announced the above amendments. Regular City Commission Meeting June 3, 2004 City of Sunny Isles Beach, Rorida 5. SPECIAL PRESENT A TIONS None 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of Desert Inn Beach & Tennis Club Assoc. Inc., Owner of the Property Located at 17201 Collins A venue, Sunny Isles Beach, Florida, for the Following (Ocean 4): [Hearing #Z2003-13] 1. Pursuant to Section 265-23 of the Code of the City of Sunny Isles Beach, the applicant is requesting to transfer 112,905 square feet of development rights. 2. Pursuant to Section 265-18 of the Code of the City of Sunny Isles Beach, the applicant is requesting a site plan approval for a 40-story, 281-unit condominium. 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 that an amended recommendation was distributed. Public Speakers: Clifford Schulman, Esq.; Charles Sieger, Architect; Tom Daly; Henry Kay; Mary Ann Eicke Clifford Schulman, Esq., representing the applicant, and Charles Sieger, Architect reported. Mr. Sieger presented two models, one with TDRs and the other with no TDRs, and the actual renderings. Mr. Sieger noted that this is a 40-story building, it is slightly under the allowable purchase ofTDRs, approximately 28,000 feet or so, and the building is set far back from the street. Mr. Schulman said that they have reviewed the conditions that were suggested by staff and they had one question, and that Mr. Vera will clarify that as part of his presentation, but with that clarification they have no objections to the conditions of staff, the building is within the Zoning Code and no variances are requested, the TDRs are below that which could have been requested for the site. Planning and Zoning Administrator Jorge Vera reported noting that the difference of the buildings with or without TDRs is about 7-stories. He noted that the condition that Mr. Schulman was referring to is Condition No.6, that the applicant submit prior to the issuance of a Building Permit, evidence to the City of the possession or rights to possession of Transfer of Development Rights equivalent to 65 units and 112,905 square feet, those are the TDRs they are purchasing, He said that those TDRs would be purchased at a future date, it could be from the City, or it could be from an individual 2 Regular City Commission Meeting June 3, 2004 City of Sunny Isles Beach, Rorida developer, and as of this date, we do not know. He said what they are suggesting is that the procedure be that they would submit this TDRs, the 65 units and 112,905 square feet, prior to developing the Building Permit and that it would be an approval and would not come before the Commission. He said what is coming before the Commission now is adopting the 65 units and the 112,905 square feet and if the Commission agrees to that, and when they come back in, staff will adjust the bank accordingly. Mayor Ede1cup noted that if they do not obtain the TDRs either from the City or on a private transaction, they would have to come back, it would be another whole site plan review at that point, and Mr. Vera said correct and that it would bring down the building in size. Mr. Vera said that this development is meets the objectives of the City's Comprehensive Plan, Zoning setbacks, height, and is in compliance with Land Use Development regulations, and that staff is recommending approval subject to the conditions, and the purchases of the bonuses listed in Condition No.7, and in Condition No. 11 they have an off-street parking fund buy down of 11.4% which equals about $480,000.00. He said that Condition No.7 is $2,273,880.00 that will pay for the bonuses. He noted one important thing that we are doing now with the Capital Improvement Fund is that in Condition No.4 of "Other Conditions" regarding the median openings, currently the City has a study underway on the median openings throughout Collins A venue, and staff wants them to be made aware that some of the median openings will be closed around Collins A venue. Vice Mayor Goodman asked Mr. Vera how wide the beach access will be that they are giving the City, and Mr. Vera said 20-feet and that it is on the south side, and Vice Mayor Goodman asked about the fact that they are giving the City a park of 10,000 square feet and Mr. Vera said yes, around the back. Commissioner Thaler asked where the TDRs were coming from, and Mr. Vera noted that there is no sender site as of yet. Mayor Edelcup said that it is not required that they have to designate that, it is up to the developer to acquire them, and if they don't, they have to come back for a site plan review. Commissioner Brezin said that we are approving this based on TDRs that the developer will get in the future and they currently do not have the TDRs, and Tom Daly from the Developers (Related Group) of Ocean 4 agreed that they are responsible in obtaining the TDRs and that they understand that they will have to come back in the event that they don't obtain them. City Attorney Dannheisser clarified that Condition No.6 which previously required an approval at a public hearing for the actual transfer, based on tonight's discussion and the policy that was created, we substitute the following language: "That the applicant submit prior to the issuance of a Building Permit evidence to the City of the possession or rights to possession of the Transferred Development Rights equivalent to 65 units and 112,905 square feet", thereby avoiding another public hearing. Commissioner Iglesias stated that he recused himself from voting because he put down a deposit and bought a unit there. Mayor Edelcup said that he thinks that Commissioners 3 Regular City Commission Meeting June 3, 2004 City of Sunny Isles Beach, Rorida should not purchase properties if they intend to sit on it and vote on it because it does not give the proper perspective and he thinks that we should make it a policy for the future that any Commissioner does not buy before it gets approved and asked City Attorney Dannheisser to draw up an Ordinance or perhaps it falls under the Ethics Ordinance, and the Commission concurred. Vice Mayor Goodman moved and Commissioner Brezin seconded a motion for approval as amended, subject to staff conditions. Resolution No. 04-Z-83 was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Brezin Commissioner Iglesias Commissioner Thaler Vice Mayor Goodman Mayor Edelcup yes abstained yes yes yes 6B. Request of Dezer Properties 108 LLC, Owner of the Property Located at 15800 Collins A venue, Sunny Isles Beach, Florida, for the Following: [Hearing #Z2003-14] 1. Pursuant to Section 265-18 of the Code of the City of Sunny Isles Beach, the applicant is requesting a site plan approval to permit temporary sales trailer. Protests 1 Waivers 0 Ex-Parte---L Action: Mayor Edelcup noted that this item has been deferred to June 17,2004. 6C. Request of Dezer Development LLC, Owner of the Property Located at 18101-18225 Collins A venue, Sunny Isles Beach, Florida, for the Following: [Hearing #Z2003-10] 1. Pursuant to Section 265-23 of the Code of the City of Sunny Isles Beach, the applicant is requesting to transfer 92,103 square feet of development rights. 2. Pursuant to Section 265-18 of the Code of the City of Sunny Isles Beach, the applicant is requesting a site plan approval for a 45-story, 391-unit condominium. 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. Public Speakers: Peter Weiner; Charles Sieger, Architect; Henry Kay 4 Regular City Commission Meeting June 3. 2004 City of Sunny Isles Beach, Rorida Peter Weiner, representing the applicant, reported that this project is the culmination of the three phased Trump Grande Project, and presented a model of the project. He said that the Trump International Sonesta Beach Hotel is the first building that was built, and the second building, the Trump Palace, is under construction, and the third building and the reason we are here tonight is the Trump Royale. He said that this project was previously approved for three buildings and they are coming back tonight asking for 54 TDRs and approximately 92,000 square feet ofTDRs for the third building. Mr. Charles Sieger, Architect for the project, presented a model, noting that the project was approved just prior to the City becoming a City, and have worked ten years on this project. He noted that the Royale was originally anticipated to be a total mimic sister building in reverse of the Palace but then found that they had a little extra height so they could actually sandwich in the existing mirror building an extra two floors and that is what was done and that is what created this request for the TDRs, and it was done primarily because they got more efficient with ceiling heights in the spa area. Planning and Zoning Administrator Vera reported that they are adding an additional 54 units to the Royale and there is an overall density for the entire site of 1,432,771 square feet, which is well within the requirements of the City's Code. Mr. Vera noted that we have the same conditions, and on Condition No.5, staff would like to make the same request as was done on the prior application (Item 6A), "That the applicant submit prior to the issuance of a Building Permit evidence to the City of the possession or rights to possession of the Transferred Development Rights equi valent to 92,103 square feet and 54 units." Mr. Vera added an additional request that the applicant complies with the Declaration of Restrictions originally placed on this development under the original ASPR. Mayor Ede1cup asked when this project was first approved there was a 10,000 sq. ft. beachfront park that was put in behind the Sonesta, and when the third building was approved, there was no requirement that the beachfront park be extended, was there? Mr. Vera said no, overall under the original ASPR the last one that came out in he thinks in 2002, they came in with the three buildings, the two towers are 278 and the Sonesta is 300+ units. Mayor Edelcup said that it seems that the FAR that was granted was for 10,000 and he understands that increased the FAR for all three buildings and he would have asked for 10,000 per building, and he would like to elicit from the developer an opportunity to maybe extend that beach front park by another 10,000 square feet since they are also getting the benefit of the TDRs. The developer agreed to extend the park another 5,000 square feet to the north, Mayor Ede1cup asked again for 10,000 feet but they agreed to 5,000 because they have access issues that have to do with the cabanas and they think they can do the 5,000 rather easily but the 10,000 would be a problem. Mayor Ede1cup thanked the Developer for adding the 5,000 square feet to the park. Vice Mayor Goodman asked the purpose of adding two stories to the building, and Mr. Sieger said the physical height of the buildings are the same but they are shortening the ceiling heights a few inches Mayor Ede1cup said that the FAA probably wouldn't allow a 5 Regular City Commission Meeting June 3, 2004 City of Sunny Isles Beach, Rorida building to go over 55 stories, but he wants to cap it out on the east side that there will not be any buildings any higher than what they are at now. Commissioner Thaler asked if they already own the TDRs on this project, and Mr. Vera said basically it has the same conditions with the exception of Condition No.5 that was modified and also that they will meet all the requirements of the Declaration of Restrictions with an additional 5,000 square feet for the beachfront park, and City Attorney Dannheisser said the Declaration of Restrictions from the prior, and Mr. Vera said it says 10,000 but will be modified to reflect 15,000 square feet. Henry Kay asked if the City would get cash benefit out of this, and Mayor EdeIcup said it depends on where they buy their TDRs, yes if they come to the City to buy what we own, but if they go elsewhere than the City would presumably get some land that was represented by those TDRs but no cash. Mr. Vera said that the City would get some benefits especially in the bonuses but not the TDRs, because it is a different ratio on the bonuses and almost doubles on the bonuses. Commissioner Iglesias stated that if they buy it from a sender site it means that the sender site has 54 units that they can't build there so the City is not adding any more density, and Vice Mayor Goodman stated that the tax base for the building will go up. Commissioner Brezin moved and Commissioner Iglesias seconded a motion for approval as amended, subject to staff conditions. Resolution No. 04-Z-84 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 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 2004-107 Relating to the Rules of Procedure of the City Commission; Revising Rule 5.05 (Section 74-14) to Include Section D. Entitled "Four (4) Day Rule for the Presentation of Agenda Items"; Further Amending Rule 6.03 A Relating to Speaker Registration Cards; Providing for Severability; Providing for Inclusion in the Code and an Effective Date. Action: City Clerk Hines read the title and City Attorney Dannheisser reported that this amendment codifies the informal rule that the Commission must receive agenda items not later than four days before a vote may be called on the item, with the exception that the Commission has the authority to waive the rule by a majority vote of the Commission, or the City Manager may submit an item if it is an urgent matter. She noted that the rule 6 Regular City Commission Meeting June 3, 2004 City of Sunny Isles Beach, Rorida does not apply to special or emergency meetings, workshops, or to advisory committees. City Attorney Dannheisser also said that the City Manager is recommending we delete the necessity for a speaker to indicate whether he or she is for or against an item or is merely seeking information. Public Speakers: none Commissioner Iglesias said that any time any Commissioner believes that they need additional information regarding an item we can always ask for that, and City Attorney Dannheisser said that supplementary information can always be given. Commissioner Iglesias moved and Commissioner Brezin 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, June 17, 2004, at 7:30 p.m. Vote: Commissioner Brezin Commissioner Iglesias Commissioner Thaler Vice Mayor Goodman Mayor Edelcup yes yes yes yes yes S. ORDINANCES FOR SECOND READING (Public Hearings) SA. 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; Forfeiture of Office; Filling of Vacancies" by Amending Subsection (c) "Filling of V acancies" 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 5/20/04) Action: City Clerk Hines read the title, and City Attorney Dannheisser summarized the proposed Charter amendments as follows: 1) a Special Election is required to be held within 90 days to fill a mayoral vacancy if more than six months remain in the term, now 7 Regular City Commission Meeting June 3, 2004 City of Sunny Isles Beach, Rorida it is proposed that the same provision be applied to a vacancy to fill the office of a City Commissioner, that a special election be held not Sooner than 45 days or later than 90 days if the vacancy is more than six months; 2) it is proposed that the Charter be amended to provide a monthly compensation of $1 ,000.00 for a City COmmissioner, and $1,250.00 for the Mayor; 3) it is proposed that the Charter be amended to extend the date of the election from September to the second Tuesday in November; and 4) it is proposed that no member of the Commission shall serve for more than two elected terms, a term is deemed commenced upon election, whether it is actually completed or not, except that a vacancy being filled for less than two years remaining in the term will not be counted as a term under this provision. Mayor Edelcup said that they are redefining the word "term" to be two years or longer, and if it is less than two years it is not a term. Public Speakers: Henry Kay 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 Mayor Edelcup noted that these Charter Amendments would appear on the November 2, 2004 General Election ballot. 9. RESOLUTIONS 9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement A warding Bid No. 04-04-01 to Jade Communications Inc., for Category 6 Structured Cabling System for the Sunny Isles Beach Government Center, in an Amount of $111,328.Q] , Attached Hereto as Exhi bi t "A"; Autborizing 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 noted that this is the wiring for the computer system and the telephone system in the new City Hall, it is the actual state of the art cable that goes throughout the building. Infonnation Technology Director Demck Arias reported that the RFP was on the City's website and that 12 bids were received. He said that Jade Communications was the 6th highest bidder, but it was the first one that met all of the City's specifications and requirements, and the range of bids received went from $90,829.21 to $156,633.88. 8 Regular City COmmission Meeting June 3, 2004 City of Sunny Isles Beach, Florida Public Speakers: none Vice Mayor Goodman asked if in the construction of the huilding if they are making preparations for these wIres to he put in, and Mr. Arias said he did a site visit with Planning and Zoning Administrator Jorge Vera and the vendor, and the Project Manager on site from Weitz said they Would be ready for the vendor to begin cabling in approximately two weeks. Mayor Edelcup asked if we have provision in the Contract to make sure they deliver timely, City Manager Russo said tbey are paid monthly and that their work should be completed within two to three months. Commissioner Brezin asked about the eqnipment and Mr. Arias said we will have a 25-year warranty from the manufacturer. Vice Mayor Goodman moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2004-680 was adopted by a voice vote of 5-0 in favor. 9B. PUBLIC HEARING A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Accepting the Conveyance of Approximately 3.46 Acres of Real Property (The "Casino Property"), Legally Described on Attachment "A," Attached and InCOJ]Jorated, and With a Street Address of 17200 Collins A venue and Owned by 17200 Collins A venue, Ltd ("Applicant"), in Accordance with and Subject to All of the Applicable Provisions of the City Code and Section 265-23 of the City's Land Development Regulations ("LD Rs") Relating to Transfers of Development Rights ("TDRs "), Including bnt Not Limited to Sections 265-23.3 (c) and (e) and Section 265-23.4(c); Further Conditioning Said Acceptance Upon the Following: (1) Applicant Shall IndemniJY, Protect and Hold the City Hannless; (2) Applicant Shall Deliver to the City Good, Marketable and Insurable Title, Free and Clear of All Liens and Encumbrances, and an Acceptable Title COmmitment; (3) The Warranty Deed by Which the Sender Site is COnveyed to the City Shall be Held in Escrow by the City Pending Approval by the City Commissi on; (4) The Warranty Deed Shall be Recorded in the Public Records of Miami- Dade County, FlOrida, Prior to Transfer of Development Ri ghts from the Sender Si te to the fiR Bank; (5) Applicant Shall Submi t an Up-to-Date Survey of the Casino Property Dated No Later Than 30 Days Prior to the Recording of the Deed; and (6) Execution by Applicant of Any Other Documents as Deemed Appropriate by the City Attorney; (7) Prior to the WithdraWal of the fiR'S from the fiR Bank, Applicant Shall Provide Security for the Funding of Park and Public Improvements or Shall Agree to Construct Park and Public Improvements; Further Authorizing the City Manager to Execute Such Other Documents and Agreements as May be Determined by the City Attorney to be Necessary to Consummate the Conveyance of the Casino Property to the City, Sever Development Rights from the CaSino Property and Deposit Same to the Credit of the Applicant in the TDR Bank, Snbseqnent Withdrawal of Said Development Rights at the Request of and for the Benefit of the Applicant as May be Approved by the City 9 - Regular City COmmission Meeting June 3, 2004 City of Sunny Isles Beach, Florida Commission During the Five Year Period COmmencing with the Passage of this Resolution, and Recordation of Documentation; and Providing for an Effective Date. Action: City Clerk Hines read the title and City Attorney Dannheisser reported. Public Speakers: Clifford Schnlman, Esq.; Henry Kay; Bobbi Sweed; Mary Ann Eicke; Bill Thompson with the Related Group of Florida Clifford Schulman, Esq., on behalf of the applicant, said that they would like the City to accept the Casino property, 3.46 acres of real property, as a sender site for Transfer Development Rights and for the creation of a park. City Attorney Dannbeisser reported that this Resolution is correct through Section 2 Item 3, thereafter there are some amendments. She said as of this afternoon the applicant and the City have agreed on the following: a bond will be posted in tbe amount of $800,000.00 to Cover the costs of construction sbould the City need to complete construction of the park, provided however that the applicant has agreed that it will, in fact, pull the permits and do the construction and remediate the property of any environmental contamination if there is any, and secure all permitting, including en vironmental permitting, as necessary, that's provided that the City approve a site plan of the park within the next sixty (60) days substantially in accordance with the prior preliminary plan submitted by staff. City Manager Russo said that he would bave a complete site p Ian for Commission approval on the June 17, 2004 Commission meeting. City Attorney Dannheisser noted that basically we are going to be needing a closing as this is a Contract, and we will say within 30-days but will try to condense it into two weeks, we are going to resolve any title issues or defects of title that may now exist, we will meet, we will identify them and give the applicant an opportunity to CUre them or make a deCision that We can live with and accept the property. She said that we will also be delivered a warranty deed along with an updated survey witbin 30-days of this approval, and when that deed is delivered and recorded, at that time the Development Rights will be transferred to a bank for withdrawal from whomever the applicant sells them to. She said in addition, there will be an agreement, as in the resolution right now, that the applicant will eXecute and any other documents deemed reasonably appropriate by the City Attorney or the applicant in order to effectuate that transfer. She said any disagreement between the parties regarding the reasonableness of the requests Would be determined by this COmmission. She fUrther noted that this Would be subject to final approval of plans by the Commission, and costs estimates will be done by the applicant after the plans are reviewed. She said in addition we are going to retain in the language what is before the Commission, a $5,000.00 bond or escrow or other form of security reasonably acceptable to the City Manager and City Attorney, representing tbe potential cost of environmental remediation or monitoring and an indemnity agreement which is attached as an exhibit. City Attorney Dannheisser said that all the language that remains in here about the option to construct or not, is coming ont and the app Iicant is agreeing to 10 --- Regular City Commission Meeting June 3, 2004 City of Sunny Isles Beach, Rorida do that construction to remediate any environmental issues, and pul! all permits that are necessary. Mr. Schulman commended City Attorney Dannheisser, staff, outside Counsel Miriam Moor, and Planner Shelley Eichner, for their time, effort and ex pediti ous handling of this matter. Mayor Edelcup asked Mr. SChulman when he thought the park would be ready for the puhlic to use, and he said once the Commission approves it and they get through the pennitting process and start the park, it should be ready in 12 to 18 months. City Attorney Dannheisser noted that this would include the demolition of the existing huilding. COmmissioner Iglesias asked once we get the warranty deed, how quickly are the IDRs transferred, and City Attorney Dannheisser said immediately upon recordation of the deed. Commi ssioner Thaler sai d that in all of this we don't have any leverage for them to finish that park, and believes that there should be wording in there that the City Manager have some authority based on time to get it finished, and City Attorney Dannheisser said that there is language that the applicant shall complete the improvements prior to the issuance of any Certificate of Occnpancy for the receiving site of these TDRs. Mayor Edelcnp noted that no one can move into Ocean 4 unless the park is finished, and City Attorney Dannheisser said that it is a condition. Bill Thompson with The Related Group of Florida, said that as soon as the site plan is approved they are willing to finish the working drawings and submit for permit, and as SOon as they get the pennits, they are willing to break ground. He noted that they hope to finish the park a lot SOoner than what this resolution proposes, they just want the time to get the site plan approved by the Commission, and to do the drawings and submit for permit. Commissioner Brezin asked if wording could be put in the resolution to protect the City as far as their starting and the time that they would be finished, and City Attorney Dannheisser said that that wording is already in there but that they cannot impose a completion date because we don't know how much of an issue it would be to get the environmental pennitting, and that is one of the reasons why we are letting them take care of it. City Attorney Dannheisser also commended Miriam Maer, Shelley Eichner, Cliff Schulman, and Bill Thompson. Vice Mayor Goodman moved and COmmissioner Iglesias seconded a motion to approve the resolution, as amended. Resolution No. 2004-681 was adopted by a voice vote of 5-0 in favor. 9C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Establishing Necessity to Acquire Property Located at 18080 Collins A venue, Commonly Known as the National Car Rental Site by Condemnation; Providing the City Manager and the City Attorney with the Authority to Acquire the Property by Pnrchase or Condemnation; Providing the City Manager and the City Attorney with the 11 Regular City COmmission Meeting June 3, 2004 City of Sunny Isles Beach, Rorida Authority to Initiate an Eminent Domain Action and the Authority to Do Ail Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and City Attorney Dannheisser reported. Public Speakers: Nonnan Malinski, Esq.; Arnold Shevlin; Henry Kay; Phillip Chernoff N onnan Malinski, Esq., the City's outside counsel, reported that we began by the Order of Taking Hearing in April and the attention was not being given adequately to what was going on, and it resulted in a delay from April to last week. Last week the judge concluded that there was a technical defiCiency in the resolution attachments that the City passed. He said he takes responsibility for that because he worked with Counsel on it, and based on the State of the law in Florida, he felt that the resolution was adequate. He said there Was a question of whether a survey was attached to it. There was a site plan attached to the appraisal which was the same thing for these purposes, hut because it didn't say "survey" the judge said that we will have to start ail over again. City Attorney Dannheisser intervened by saying she decided to hring this matter and Resolution before the Commission. Mr. Malinski said rather than have the judge dismiss the petition for that "defect", we voluntarily withdrew it for legal technical and strategy reasons. He said we are now looking to have an official stamped sealed survey attached to the re- fiJin g of the peti ti on. He said that the ul timate date that we have for the Order of Taki n g Hearing, the week of the 19" of] uly, which date was set by the court some time ago, is sti il far enough a Wa y so that if the resolution is approved today and we get the survey and file the petition by Monday or Tuesday, we will not have lost any time. Mr. Malinski said that the offer of a new seJJing price to the Owner will be done in the next day or two, we know what the update appraisal figure is, and he has spoken to the lawyer for the OWner and told him that he will be getting the offer. He said in discussions with the OWner of what price he was willing to take, Our appraisal was at about $1.6 MiJJi on, and is now at $2.1 MiIIi on, and he told Mr. Gould, the lawyer for the owner, that if We make the offer and there is Some real reason to discuss settling it at about 2.1,2.2, 2.3, that We should still keep our July 19" week date, which we don't want to lose, but we will talk, and he told him on the other hand, if he wants to go back to the evaluation of his property at $8 MiJJion , which is indusi ve of the ID Rs, then he was going to send him a short brief which shows that in the nati onal survey of the law on valuation, there is no support for an appraisal val uin g the property based on the val ue of the TDRs. He said that means the various courts in the country that have looked at this and said can an appraiser say the property is worth $8 Million because it has these IDRs, that the standard language from the Courts is the availability for purchase of TDRs is too speculative for an appraisal to rely on in determining value. City Attorney Dannheisser noted that we did have some discussions about whether we wanted to remain with this judge becanse of what OCcurred at the hearing, but in the end we decided that we wiil move forward and re-fiJe with this judge, and to the extent she 12 - Regular City Commission Meeting June 3,2004 City of Sunny Isles Beach, Rorida had any technical issues, valid or not, they will be gone now, we will proceed with all due haste, and that the property owner's lawyer has been notified. Mr. Malinski said that all the paperwork is done, and is waiting for an engineer to seal the survey, and he will need to spend a little time with the Public Works Department because we literally have to take a felt marker and draw a line just around the inside perimeter of the property to show that is where we are intending to do what we are intending to do. Commissioner Iglesias asked if in the meantime the owner of the property decides to sell the IDRs and finds a buyer and just gives it to the City, is he free to do so? City Attorney Dannheisser said that he doesn't have the ability to do that with a tenant on the property but, of course, if he were to relocate the tenant, it would be another story. Mayor Ede1cup said he would have to come before the Commission and the Commission would have to decide if they will accept it or not. Arnold Shevlin, on behalf of the owner R.K. Associates, said he did not receive formal notice of this proceeding. He said that it is his understanding that the City's litigation against them has been dismissed without prejudice, and supposedly there would be an order tomorrow confirming that which would mean if you vote tonight in favor of this resolution, in order to re-file any litigation prior to the City re-filing their attorney's fees to date would have to be paid in full which would be approximately about $75,000.00. He said they are willing to sell the City the property at the fair market value, we prefer to keep the property and one of the offers that they have made to the City in discussions with Counsel and in discussions with the City Manager, in all of our prior discussions, is that they would be happy to take the parcel that Tony Roma currently occupies and move Tony Roma' s to one of their shopping centers, pay for their improvements, and the City can build what they need on the Tony Roma parcel, and that is a simple solution. Mr. Maiinski said that there has always been a consti tutional obligation to pay the attorney's fees from the day the offer is made, and we have offered to advance the payment for appraisal fees to both the owner and to Alamo. He said the law suit was voluntarily dismissed last week when the judge indicated that she had a problem; there is no dismissal order from the Court. The voluntary dismissal by Plaintiff was signed by him and filed last Friday. City Attorney Dannheisser said to Mr. Malinski that he had told her that he had an agreement with the owners counsel on the issue of notice and so forth, and apparently his client is saying something a little different, so we need to get a clarification on that. Mr. Malinski said he spoke to Mr. Gould yesterday and he told him that his client RK had called him to tell him that this was on the agenda for tonight, that is the discussion he had with Mr. Gould. Mayor Ede1cup said that there is still time between now and July 19" for Mr. Maiinski and the owner to negotiate. City Manager Russo stated for the record that there has never been any discussions with him about the comments that Mr. Shevlin had made about Tony Roma's. Vice Mayor GOodman moved and COmmissioner Thaler seconded a motion to approve the resolution. Resolution No. 2004-682 was adopted by a voice vote of 5-0 in favor. 13 Regular City Commission Meeting June 3,2004 City of Sunny Isles Beach, Rorida 10. MOTIONS lOA. Add-On City Manager Russo asked the City Commission to move a motion to ratify a $500.00 contribution that the City made to the Police Officers Assistance Trust in honor of Police Chief Fred Maas upon his 5th anniversary with the City of Sunny Isles Beach Police Department. Vice Mayor Goodman moved and COmmissioner Iglesias seconded a motion to approve the contribution of $500.00 to the Police Officers Assistance Trust. The motion was approved by a voice vote of 5-0 in favor. 11. DISCUSSION ITEMS 11A. Add-On Mayor EdeIcup noted that the City's 7th Birthday is coming up in June and suggested that a planned event take place in July to celebrate that, and City Manager Russo said that the Cultural and Human Services Department is working on that. City Manager Russo said that we will be renovating the field at Margolis Park so we will probably have to hold the event at the Samson Oceanfront Park. Commissioner Brezin suggested that this be discussed with the Health and Welfare Committee. Public Speakers: Henry Kay Henry Kay suggested that the name of the Committee be changed, and Mayor Edelcup stated that this issue can be discussed at the Committee meeting. 11B. Add-On Mayor EdeIcup asked if the City Manager and City Attorney to look at for a future meeting is the issue of wave runners on the Ocean and that he is aware that there have been some complaints from Sands Point relative to this, and City Manager Russo said that he has placed that item on the June 17, 2004 Commission meeting agenda for discussion and to see what our options are. 12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 12A. Add-On Phillip Chernoff said that he was here representing some residents in Winston Towers 100 and from other towers in the complex, to express their as well as his Own indignation at what has been allowed to OCcur with regard to the color selection of the exterior 14 Regular City Commission Meeting June 3, 2004 City of Sunny Isles Beach, Rorida painting of Tower 600. He said when he was on the Citizens Advisory Committee there was a swatch book of colors that would be allowable for the exterior of buildings on Sunny Isles Beach, and it was the recommendation of our late Mayor David Samson that we do not have buildings that are painted in garish colors. Mayor EdeIcup said he just brought this up to the City Attorney last week and he asked her to look into what the City can do towards making sure the colors that are put out there are compatible, even if they do meet our pallet, sometimes two colors that are on the pallet are approved, when put together don't really turn out right. He asked City Attorney Dannheisser what the status is on this issue, and she said we do have a pallet of colors, and they are muted, but what Mr. Chernoff is describing sounds like they may be in violation of that, but in tenus of combinations together, that is a little more difficult and was not sure how to address that and she wanted to bring that up with the City's planners. She said one of the options that have been discussed is to have that as part of the site plan approval, which we could change the Ordinance to do that. City Manager Russo said that it could be done through site plan review which is typically done in a lot of communities. Mayor EdeIcup said that we are looking into it for a possible solution and that the issue is, does this Commission want to make sure that the colors confonu and if they do conform they go forward, and in the future does this Commission want to make sure that when two or more colors are added to a building and try to make a rainbow, maybe the Commission wants to pull in the reins at some point. City Attorney Dannheisser said that until we pass an ordinance, there is nothing to prevent you outside plan review from requesting, and we can make that request right now, even though it is not mandated by ordinance although we will codify it. City Manager Russo said that perhaps the Commission wants to review the color pallet, and Mayor EdeIcup said that he is not satisfied that all the colors on the pallet can be put on the building simultaneously and he doesn't think we have anything to prevent that and that is what he is suggesting that we may need to do. Public Speakers: George Nunez; Bard Brennar George Nunez, President of the 600 Winston Tower Condo Association Board, said that about six months ago he came to City Hall and spoke to Planning and Zoning Administrator Vera and Mr. Vera showed him the different colors he can select and then he went to the Condo Board, and they said there was no regulations regarding the color of the building. Mr. Nunez said the colors they chose were on the pallet. Bard Brennar noted that the color white is not included in the color pallet. 12B. Add-On Henry Kay thanked the City Commission. 15 Regular City Commission Meeting June 3, 2004 City of Sunny Isles Beach, Florida 12C. Add-On Willie A viles asked if the City planned on widening Collins A venue to alleviate the traffic problem, and Commissioner Iglesias said that Collins A venue is a state road and falls under FDOT, and so does William Lehman Causeway and Sunny Isles Boulevard. He said that the City has worked with FDOT such as on the median closures which narrows the access points of where you make the left turns, however, there is not much you can really do with Collins A venue. He said that during the construction of these buildings where there may be lane closures, there will be delays. Mr. A viles said he was concerned about the traffic the new condominiums will create. He also asked about North Bay Road, he said it used to be a straight road, and the City allowed the builders to move the road, and he asked about a foot bridge there. City Manager Russo said that the bridge connecting that could possibly hold an emergency vehicle, and that study is still on-going with the Coast Guard and all the entities involved in granting permission to cross the waterway, but to his knowledge that will not be a traveled roadway except possibly for an emergency vehicle. Vice Mayor Goodman suggested that he attend the Traffic and Safety Committee meetings. 13. ADJOURNMENT Commissioner Iglesias moved and Vice Mayor Goodman seconded a motion to adjourn the meeting, and Mayor EdeIcup adjourned it at 9:51 p.m. Respectfully submitted by: Approved by the City Commission on June 17,2004 ~~ A--e.~ ,,,,', ~ Jane A. Hines, City Clerk 16