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HomeMy WebLinkAbout2004 0506 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, May 6, 2004, 7:30 p.m. City of Sunny Isles Beach, Florida A TTENTION ALL LOBBYISTS: CITY LAW REOUlRES YOUR REGISTRATION 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 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 ALLEGIANCE/INVOCA TION Action: Commissioner Brezin 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. Regular City Commission (Zoning) - April 1, 2004. Action: Commissioner Brezin asked for a correction on page 10, the paragraph under the vote, second sentence, "Mayor Edelcup said on the bayfront that tfley all but Commissioner Brezin agreed to leave it at 190-feet, and the height issues are now resolved." Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the above-mentioned Summary Minutes, as amended. The motion was approved by a voice vote of 5-0 in favor. 3B. Regular City Commission - April 15, 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. Summary Minutes: Regular City Commission Meeting May 6. 2004 City of Sunny Isles Beach. Florida 4. ORDER OF BUSINESS (AdditionslDeletions/Amendments) 4A. Request to Hear Items: Amendments to Items 8A.2 and 9B. Action: Mayor Edelcup announced the above amendments. 5. SPECIAL PRESENT A TIONS None 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of Fortune Beach, LLC, Owner of the Property Located at 17001 Collins A venue, Sunny Isles Beach, Florida, for the Following: (Jade on the Beach) [Hearing #Z2004-02] 1. Modification of a previously approved site plan under Resolution 03-Z-78; to permit the proposed development to incorporate cabanas within the parking garage. 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: Judith Burke, Esq.; Kobi Karp, Architect; Edgardo Defortuna; Mary Ann Eicke; Henry Kay Judith Burke, Esq., representing Fortune Beach, LLC, said she brought along a revised site plan because she spoke to staff and Legal Counsel this morning and they suggested that it may be a little clearer to the Commission if they brought this revision with her tonight. Mayor Edelcup said he had a problem with this because it was passed by the Commission if they were to receive documents later than the Friday before, then they would automatically defer the matter. Ms. Burke said what they did was to present a site plan with one change, to add cabanas in a space that was made up of a stairwell and a storage area, so they came just for that approval, but on the site plan that is in the agenda package, in the parking layout there were some changes that they were not asking to be made tonight, so staff asked them to bring a clean set of plans that didn't show any changes other than the specific item that is before the Commission tonight, which is the cabanas. Commissioner Brezin and Commissioner Thaler objected to having the presentation tonight because it was changed. Commissioner Iglesias agreed because we don't want to see anything new, but to go ahead with the site plan we have in the agenda package, and 2 Summary Minutes: Regular City Commission Meeting May 6, 2004 City of Sunny Isles Beach, Florida Mayor Edelcup clarified that we work with these plans so that nothing new would be introduced. Commissioner Thaler noted that Ms. Burke said that the parking area was changed and asked if they were planning on coming back with a change in the parking area, and Ms. Burke said when they get the working drawings complete, they will bring them into the City, and if the City believes that there is a change from the plan that they think either needs to be approved administratively or is significant enough to bring back to this Commission, then it will come back to the Commission at that time. She said it is evolving and the reason she needs to come before the Commission with the cabanas is because it has to go into the condominium documents which are going to the printer now. She said that at this time there are no changes contemplated that would rise to the level that would have to come back before this Commission again. Commissioner Iglesias said that they have a right to come back to the Commission as many times as they make a change, but what he believes that Commissioner Thaler and Commissioner Brezin are saying is if they are going to deal with something other than what is before us now, then it is not fair for them at the last minute, but if they just want to deal with the cabanas, nobody here will object. Kobi Karp, Architect, presented the site plan showing an eXIstmg space that was previously approved by the Commission, and what they are doing now is taking that existing space and changing it from storage to cabanas. Vice Mayor Goodman asked if the cabanas would be completely sold to individuals in the building, and Mr. Karp said that was correct, and Vice Mayor Goodman said that there would be no rentals involved from the people in the building or outside of the building, and Mr. Karp said correct. Mayor Edelcup asked if the owners would have a right to rent out their apartments, and Mr. Karp said yes, and then that means they will have to rent out the cabana along with the apartment, and Mr. Karp said yes. Vice Mayor Goodman asked if prior to the City selling them the TDRs, they had an option to use them whenever they want, when buying the TDRs, they have to put up 10%, and they can't change their mind, and if they change their mind, then they lose the 10%. He asked if they would give up their grandfather and enter into an agreement with the City to guarantee the TDRs by paying the City the 10%. Ms. Burke said she cannot make that commitment at this time. Vice Mayor Goodman said that when you buy TDRs, a 10% down payment is required so those TDRs are reserved for you specifically, but at the present time you have a right to change your mind and not buy them. Ms. Burke said that if they did that they would lose their approval, and would have to come back to this Board, and she commented that they are getting close to getting their plans ready to submit for building permit, at which time they are absolutely committed. Vice Mayor Goodman asked if his question could be answered, and Mr. Edgardo Defortuna, the developer, said he has a number of investors that he would have to get a response from, but that this issue will be brought back to the Commission on the TDRs, and that he does not have the ability at this time to respond but will get a response and 3 Summary Minutes: Regular City Commission Meeting May 6, 2004 City of Sunny Isles Beach, Florida come back before the Commission a month from now with an answer on the deposit, and he said that the units they are selling are substantially high in price, and they are going to be policing the use of the cabanas because it is going to be very restrictive to the unit owners and not to people that don't belong in the building. Mayor Edelcup clarified that the bottom line is that they are increasing the beauty of the building and the tax base. Commissioner Thaler asked if they are planning on committing within the next month on the TDRs, when are you planning on coming before the Commission to exercise their rights on the TDRs? Mr. Defortuna said that they have to do it by the time they pull the building permit, that it depends on the architects and when the construction drawings are finally done, and they are ready to go. He said the building is basically sold, and the financing is there, they are just waiting on the final drawings and the City to approve it, and in the meantime, he will come before the Commission in a month with the proposals. Commissioner Thaler asked about the bathrooms at the park, and Ms. Burke said they have approval from Water and Sewer and everything is fine for installation of the bathrooms in Ocean Park. Jorge Vera, Planning and Zoning Administrator, reported that staff is in favor of the ten cabanas, subject to staff conditions. He said the approved site plan under Resolution No. 03-Z-78, be subject to the plans that are submitted before the Commission, however, there were changes to the parking layout on those plans, and that change is not approved at this time. City Attorney Dannheisser clarified that the motion is on the cabanas not withstanding the fact that we have site plans that reflect the difference in the garage, the Commission is only approving the cabanas at this time. Commissioner Iglesias moved and Commissioner Brezin seconded a motion for approval for the cabanas only, subject to staff conditions. Resolution No. 04-Z-82 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 Edelcup yes 7. ORDINANCES FOR FIRST READING None 4 Summary Minutes: Regular City Commission Meeting May 6, 2004 City of Sunny Isles Beach, Florida 8. ORDINANCES FOR SECOND READING (Public Hearings) Sitting in as the Local Planning Agency and the City Commission, to Consider an Ordinance Amending the Land Development Regulations (LDRs) 8A.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 Adding Section 265-37 of the Land Development Regulations, Relating to the Creation of a Town Center Zoning District; Providing for Permitted Uses, Conditional Uses and Prohibited Uses; Providing for Site Development Standards; Providing for Architectural Design Minimum Requirements; Providing for General Design Standards; Providing for Landscape and Open Space, Attached Hereto as Exhibit "A"; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Edelcup reported. Public Speakers: none Commissioner Iglesias moved and Vice Mayor Goodman seconded the motion. LP A Resolution No. 2004-18 was adopted by a voice vote of 5-0 in favor. 8A.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Adding Section 265-37 of the Land Development Regulations, Relating to the Creation of a Town Center Zoning District; Providing for Permitted Uses, Conditional Uses and Prohibited Uses; Providing for Site Development Standards; Providing for Architectural Design Minimum Requirements; Providing for General Design Standards; Providing for Landscape and Open Space; Providing for a Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 4/01/04) Action: City Clerk Hines read the title, and Shelley Eichner, AICP, Planning Consultant, and Planning and Zoning Administrator Jorge Vera reported. Public Speakers: Kathleen Kennedy; Alfonso Estremadouro; Scott Hoffman, Esq.; Mary Ann Eicke; Joe Milton; Henry Kay; Susan Zirulnikoff; Cliff Schulman, Esq.; Domenico Figlia; Cassey Gabor; Stanley Price, Esq. Ms. Eichner noted that she handed out a memo that reflects the changes that were voted upon at first reading. She proceeded to go through each change throughout the Ordinance. She said the first one is on pages 5 and 6 that discusses the public land enhancement bonus, that concept provides for if there is a situation where a property owner wishes to dedicate land to the City and put public improvements upon it, that that land could be granted a density of 80 units per acre and an FAR of3.75. She said there was also another 5 Summary Minutes: Regular City Commission Meeting May 6, 2004 City of Sunny Isles Beach, Florida sentence in that provision that tied it back to the TDR Ordinance which created some conflicts with the provisions of the TDR Ordinance, so the recommendation was to delete that sentence that states: "The procedures for transfer of development rights shall thereafter be accomplished under Section 265-23 of the Land Development Regulations". She said it is understood through the TDR Ordinance that when you create sender sites it has to be approved by the Commission but there are other concepts within the TDR Ordinance that would be inconsistent. She said the next change (page 8 of the Ordinance) deals wi th minimum setbacks on the Sunny Isles Boulevard south edge, the side and rear setbacks will be established at zero. She said that part of this was to ensure that there would be a 50-foot tower separation and distance separation between the pedestal and the tower is reflective at 25-feet which gives the 50-feet, no need for any type of side setback. She stated that the other change is the maximum height, at page 15, Summary Chart D, there is the asterisk that talks about maximum height and we deleted the portion that said, ". . . may exceed maximum height by no more than 20 feet and..." from mechanical equipment, in other words, the mechanical equipment would be included as part of maximum height. Ms. Eichner said those were the basic changes that were made and discussed at the last meeting, and she is recommending approval with the changes made at the last meeting. Commissioner Thaler said that in the bayfront area, we have here the 190, and he can't find anywhere in the City close to the 190 in the bayfront area, in particular on 172nd Street, the other development across from the Winston Towers area, and Mayor Edelcup said it came from the Bl section of 190, and Commissioner Iglesias said that actually it was reduced from 300 to 250 and then 190, and Commissioner Thaler said that was before he became a Commissioner. Commissioner Iglesias said that Oceania is at 325. Commissioner Thaler said he just wanted to bring out why do we have 190 at that point leaving ourselves exposed to having those buildings torn down and the possibility of something going up there at 190-feet. Mayor Edelcup said that the 190 was so that we would have tall and skinny buildings and each one has to come back to us for site plan review, but that there are already 2 or 3 buildings there that are over 190. Ms. Eichner said the residential component in the rear of the Town Center area today is currently zoned RMF2 and under the current RMF2 zoning, the maximum height is 190-feet. Commissioner Iglesias was questioning whether we even still meet the intent of the Town Center Zoning District, for example, on page 3 of the Comprehensi ve Plan, it specifically says that the Town Center strategy combines large scale changes in the City's development pattern, a mixed use seeks to combine businesses and housing in a vertically integrated mix. Furthermore he said that it is stated on page 18 to develop Sunny Isles Boulevard, the City shall develop and implement regulations to encourage a redevelopment of Sunny Isles Boulevard and that the City shall adopt development incentive that will foster and encourage redevelopment of Sunny Isles Boulevard. He said on page 21 it states that the Town Center designation encompasses commercial and 6 Summary Minutes: Regular City Commission Meeting May 6, 2004 City of Sunny Isles Beach, Florida residential land use, and it says "whereas the provisions of the plan authorize land use or development intensities different or greater than the underlying land use designations and future land use map, the more liberal provision shall govern when jointly adopted by the affected property owners", commercial and residential use means a mixed use and mixed use is high density, 50-80 units average according to the Comprehensive Plan. He said on page 22, the Town Center is encouraged to become the hope for future urban development intensification, and on page 23 it says the Town Center should be intensely developed, and he said the traffic on Sunny Isles Boulevard, if we use the maximum, will be 7%. He said that the Comprehensive Plan says we have to have intense development and the density we have on Sunny Isles Boulevard, by taking each individual parcel both the north and south side, in summary the south side has 11.1 acres which is 633 units with the Mayor's proposed sliding scale and that comes out to the average of 57 units per acre. Commissioner Iglesias further stated that the north has 9.73 acres and with the proposed sliding scale it gives you 249 units which is 30 units per acre, the total Sunny Isles Boulevard acreage in this area is 20.83 acres, totaling the units of 927 which is the max you can build there and you are looking at a density of 44 units per acre. He said regarding height: the building closest to whatever is going to be developed there is Oceania which has 323' 8" to the top, and we are proposing a height of 190-feet, which is 60-70% less, and he showed a building he drew, you go up 20-feet but take away 40-feet from width of building. He suggested going up 200-210 feet including the mechanical room. Mayor Edelcup said this is another demonstration of tall and skinny, where we can get buildings to be tall and skinny, we get wider view corridors or wider separation between towers, and when you force the height to come down, you get squattier buildings and you begin to get the wall effect because you don't have space between towers because the developer is going to use that space to still max out the number of square feet that he is able to build on that site. Commissioner Brezin said what Commissioner Iglesias didn't deal with is the base of the building, and we are talking about the entrance to our City, and she does not think that going from lot line to lot line is beautiful, and would like to cut it down to 120-feet instead of 190-feet, and have a smaller building. Mayor Edelcup said that the base that we are dealing with, has to have retail stores, parking for retail stores, and parking for the building, which is six stories in the base. He said that if we intend to have retail in Town Center you are committing in effect that you are going to have a wider base, and every building that comes before us has to meet site plan approval, the fire code approval, and various other approvals, including traffic. He said that our Comprehensive Plan mandates that we have to have a Town Center, so to have that you have to have a base with the stores in there. Commissioner Thaler showed a drawing of the entrance coming off the bridge with buildings at lO-stories, which is squattier. He feels that the area should have retail stores, 7 Summary Minutes: Regular City Commission Meeting May 6, 2004 City of Sunny Isles Beach, Florida we don't require them to have retail stores on the first level and he believes that we should state that they must have retail on that first level. Mayor Edelcup said that is there as a bonus. Commissioner Thaler said they have an option to put in a lobby area, and he believes that every building should have a retail store or a restaurant. Vice Mayor Goodman wants to limit the base to four stories with tall and skinny towers. He said there will be landscaping and promenades in front of the buildings which would hide part of the four-story base, and that the garages will be decorative. He said that the base has some value as being an entrance to the City, the beautification on the sidewalk and promenade, and restaurants may want to put out tables and chairs, but his contention is tall and skinny buildings. Commissioner Iglesias said he agrees with both Commissioner Thaler and Vice Mayor Goodman, although he would suggest six stories for the base because of the parking. He said the landscape we are talking about is medjeel date palms that start at 30-40 feet, when they begin to grow they will cover the base. After discussion, it was the consensus of the Commission that the base would be five stories. Commissioner Thaler brought up the density issue again saying that 80 is too many units per acre, and believes that 300 up should be 70. He said that density creates traffic. Vice Mayor Goodman said he has a problem with 80 too, and thinks it should be 70. Commissioner Iglesias said that is against the Comprehensive Plan, that area is supposed to be intensely developed, the difference we are talking about, using the sliding scale, is 98 units. He said on all of these lots, the maximum you can go to 80 is only on one lot, if you get the Marina property, then is would be two lots. Commissioner Iglesias said that the height should be 190-feet, and he said if you want to go an extra ten feet on height, including mechanical, then you will take away 20 feet from width. Mayor Edelcup opened the meeting up for public discussion. Scott Hoffman, Esq., representing Dacra, asked Ms. Eichner, when the language was deleted in the land enhancement bonus provision, that was to make it clear that you transferred 80-units per acre with the land dedication to the City and that the language in the TDR which restricted the number of units you would transfer to the selling site that is not applicable, in other words, it is 80-units per acre and the restriction which says you can't transfer more than what you can build on that sender site does not apply, and Ms. Eichner said that is correct. Vice Mayor Goodman asked for clarification and Ms. Eichner said if there is a site within Town Center that a property owner wishes to donate to the City and put public improvements upon it, that if the Commission decides to accept that as a sender site in exchange for getting the sender site, the property owner would be allocated 80-units per acre and a 3.5 FAR that they could then bank to sell those TDRs to someone else at a rate of 80-units per acre, 3.75 FAR for the site that they are dedicating to the City. Vice Mayor Goodman clarified that only on a 400-foot lot you would get 80-units, if you only have a 100-foot lot that you want to sell to the City, you would only get 25-units. Ms. 8 Summary Minutes: Regular City Commission Meeting May 6, 2004 City of Sunny Isles Beach, Florida Eichner said what you could gain in TDRs from the sending site, the size of the sending site does not manner. Commissioner Iglesias made a proposal to approve the Ordinance but with the sliding scale and include every foot that goes up, remove two feet to a maximum of 200-210 feet. Commissioner Thaler said to change it from 80 to 70. Commissioner Iglesias does not agree, we are borderline and we are looking at 44 units per acre. Commissioner Thaler said there will be 7% more traffic in that area. Vice Mayor Goodman said the traffic is coming from the people who don't leave here, that want to go north and south on Collins A venue. He said on the west side of Collins A venue there are 125 curb cuts and streets going south. Mayor Edelcup asked for a straw vote on the height, if we go up to 200 feet and narrowing the building by two feet in width for everyone foot high to a maximum of 200 from the 190, and there were four that basically agreed on the height (Commissioner Brezin opposed). Mayor Edelcup asked for a poll on density, some want 80 and some want 70: Commissioner Iglesias - 80; Commissioner Thaler - 70; Vice Mayor Goodman - 75; Commissioner Brezin - 70; after discussion, it was the consensus of the Commission to set it at 75. Commissioner Iglesias proposed a motion that we will go up to a maximum of 200. Commissioner Thaler said that there is one point that has not been discussed which is the retail point. Commissioner Iglesias said okay we will put in retail, and Mayor Edelcup said and five stories for the pedestal. Ms. Eichner asked for a clarification on the retail. She said originally retail on the first floor was required, but it became encouraged and we offered a bonus, now if it is going to be required, the bonus has to come out. She said it was called a mixed use bonus and that was up to a .5, so that will be deleted. Commissioner Iglesias said to add the .5 to it but we are going to require a retail, no bonus but you will increase the base of .5. Ms. Eichner said that the core of Town Center is a 2.5, the Sunny Isles Boulevard corridor has that sliding scale on FAR so other words you want to add a .5 as a base FAR to everything. Commissioner Thaler asked why we have to add anything to it, and it was stated that we don't. Ms. Eichner said she was just giving a history, originally the required retail on the first floor was in the first draft and there was no bonus for mixed use, it was just a requirement, then we took away the requirement but put it in as a planning incentive with an FAR. She said her recommendation is, if you are going to go back to requiring retail on the first floor, then you should not permit an FAR bonus. Mayor Edelcup and Commissioner Iglesias said it comes out as a bonus and goes in as a base. Ms. Eichner said what you have right now throughout the Ordinance are different basedFARs, so now we are going to require retail on the first floor, and she asked if this will be any where in Town Center or just along Sunny Isles Boulevard? Commissioner Iglesias said just along Sunny Isles Boulevard, and Ms. Eichner asked if that is the case, does the mixed use 9 Summary Minutes: Regular City Commission Meeting May 6, 2004 City of Sunny Isles Beach, Florida bonus go away or if we go to Summary Chart E on page 16, where your base FAR is on the same sliding scale as your density, she asked if they were saying that each base FAR goes up by .5? Commissioner Iglesias said that was correct. She said she has a concern about adding it to the base at this conjuncture without having an opportunity to really anal yze what that does, because a lot of thought went into the base F ARs for the different components within the Town Center. She said that any types of bonus FARs were to encourage certain design criteria that are desirable for a mixed use dense intense Town Center and one of those was to encourage the retail you get a .5 and she said she has a concern to just arbitrarily raise everything at a .5 at this juncture at second reading when we have been discussing this for many months. Commissioner Thaler said why do we have to add a bonus if we are requiring it. Mayor Edelcup said perhaps change the mixed use bonus from a .5 to a 1.0 and you would still get there then, and Commissioner Iglesias said that is correct. He said right now you have a.5 bonus for additional FAR for mixed use bonus, and Ms. Eichner said that was to encourage people rather then require. Commissioner Iglesias said that you have a public baywalk enhancement bonus of .25, you have a site assembly bonus of .5, just spread them out. City Attorney Dannheisser said that the elimination is not a substantial change but changing the base FARs of everything is a substantial change, and Mayor Edelcup said we will not change the F ARs, but we can still get there by changing the other bonuses, spread that .5 that you just took away for one and put on each of the others. Ms. Eichner asked if it is the desire of the Commission to amend this so that retail is required, and the Commission said yes but only on the south side of Sunny Isles Boulevard. Ms. Eichner said in that case you can keep the FARs the way they are andjust not eliminate, it was just an additional bonus, it wasn't an additional base FAR, and on Summary Chart E on page 16, if you are going to require all properties on the south side of Sunny Isles Boulevard to have retail on the first floor, the mixed use bonus for those properties needs to be removed. She said on Summary Chart E, where we start off, if your property is 100 - 149 feet where it is now a 1.5 FAR, you are saying that it should be 2.0 FAR. City Attorney Dannheisser said we don't want a substantial change, and Ms. Eichner said that we are only talking about the retail on the south side of Sunny Isles Boulevard which is only the FAR then should be in Summary E, it doesn't affect the rest of Town Center. Mayor Edelcup said we are talking about not giving a bonus for retail, now all we have to do is decide can we put that .5 FAR on something else in a way of a bonus. Joe Milton said that if we don't count the FAR the retail against the FAR the developer is being accounted for, get rid of the bonus just don't count FAR the retail against the FAR that is being counted for the developer, garages don't count, eliminate the bonus. Commissioner Iglesias said good point, that if you have retail you don't count the FAR toward the retail because we want the retail in there, we are including it. Ms. Eichner clarified, only first floor retail on the south side of Sunny Isles Boulevard, and the Commission agreed. Stanley Price, Esq., said that in the mixed use category, the term 100% retail is not a defined term and you are going to need a lobby area, you need to put in a percentage of what the retail is going to be. It was the consensus of the Commission 10 Summary Minutes: Regular City Commission Meeting May 6, 2004 City of Sunny Isles Beach, Florida to set the percentage at 70% retail, 30% lobby area. Ms. Eichner summarized the following changes for the south side of Sunny Isles Boulevard: 1) retail uses shall be required 70% or more of the first floor area, and said retail shall not be counted towards the FAR; 2) the maximum density for lots for 400-feet or more is 75-units per acre; 3) the additional height above the 190, an additionallO-feet in height may be added to the height of the building provided the width is decreased by 20-feet in the tower; and 4) the maximum height for the pedestal is five stories. Commissioner Thaler clarified that the 190 includes the mechanical. Commissioner Iglesias moved and Commissioner Thaler seconded a motion to adopt the ordinance, as amended. Ordinance No. 2004-201 was adopted by a roll call vote of 4- 1 (Commissioner Brezin opposed) in favor. Vote: Commissioner Brezin no Commissioner Iglesias yes Commissioner Thaler yes Vice Mayor Goodman yes Mayor Edelcup yes 8B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Rendering it Unlawful for Any Elected or Appointed Official or Employee of the City to Cancel, Void, Reduce or interfere with a Civil Violation Notice, Citation, Ticket or Fine Issued by the City's Code Enforcement Department Except by a Code Enforcement Officer When the Issuance of Such Violation was in Error; Providing for Repealer; Providing for Severability; Providing for an Inclusion into the Code; Providing for an Effective Date. (First Reading 4/15/04) Action: City Clerk Hines read the title, and Mayor Edelcup reported, noting that the Special Master can change a violation. Public Speakers: none Commissioner Iglesias moved and Commissioner Brezin seconded a motion to adopt the ordinance, as amended. Ordinance No. 2004-202 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 11 Summary Minutes: Regular City Commission Meeting May 6, 2004 City of Sunny Isles Beach, Florida 8C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, 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; Providing for a Repealer; Providing for Inclusion in the Code; and Providing for an Effective Date. (First Reading 4/15/04) Action: City Clerk Hines read the title, and City Attorney Dannheisser reported. Public Speakers: none Vice Mayor Goodman moved and Commissioner Iglesias seconded a motion to adopt the ordinance, as amended. Ordinance No. 2004-203 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 8D. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Prohibiting Parking of Commercial Vehicles and Vehicles Displaying Signage in Residential Districts; Providing for Definitions; Providing for Exceptions; Providing for a Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 4/15/04) Action: City Clerk Hines read the title, and City Attorney Dannheisser reported. Public Speakers: none Commissioner Iglesias moved and Commissioner Thaler seconded a motion to adopt the ordinance, as amended. Ordinance No. 2004-204 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 12 Summary Minutes: Regular City Commission Meeting May 6, 2004 City of Sunny Isles Beach, Florida Sitting in as the Local Planning Agency and the City Commission, to Consider an Ordinance Amending the Land Development Regulations (LDRs) 8E.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 265-58 (I) of the Land Development Regulations Relating to Temporary Construction Fencing; Establishing General Standards for the Installation of Temporary Construction Fences; Prohibiting Certain Fences, Attached Hereto as Exhibit "A"; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Edelcup reported. Public Speakers: none Commissioner Iglesias moved and Commissioner Brezin seconded the motion. LPA Resolution No. 2004-19 was adopted by a voice vote of 5-0 in favor. 8E.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-58 (I) of the Land Development Regulations Relating to Temporary Construction Fencing; Establishing General Standards for the Installation of Temporary Construction Fences; Prohibiting Certain Fences; Providing for a Repealer; Providing for Inclusion in the Code; Providing for Severability; and Providing for an Effective Date. (First Reading 4/15/04) Action: City Clerk Hines read the title, and City Attorney Dannheisser reported. Public Speakers: none Commissioner Iglesias moved and Commissioner Thaler seconded a motion to adopt the ordinance, as amended. Ordinance No. 2004-205 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 13 Summary Minutes: Regular City Commission Meeting May 6, 2004 City of Sunny Isles Beach, Florida 9. RESOLUTIONS 9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Schematic Plan for the Active Park Located at North Bay Road and 181st Drive, Prepared by Miller, Legg & Associates, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. (Deferred from 4/15/04) Action: City Clerk Hines read the title and Cultural and Human Services Director Susan Simpson reported. Public Speakers: Jaime Borelli, with Borelli and Associates; George Puig, Project Manager with Miller, Legg & Assoc. Jaime Borelli of Borelli and Associates, and George Puig, Project Manager with Miller, Legg & Assoc., presented a revised Schematic Plan with the urinals and locker rooms. Commissioner Thaler asked about the handicapped parking spaces, and Mr. Puig said that the two handicapped parking spaces are still next to the recreation building and you lose some regular parking spaces but you gain 63 in the parking lot of the school. Mayor Edelcup asked City Manager Russo when this project will get started, and he said we are going to work on the plans now and get them done by the fall, go out to bid, make an award by the end of the year, and be under construction in 2005. Commissioner Brezin moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2004-670 was adopted by a voice vote of 5-0 in favor. 9B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Ingress and Egress Agreement between the City of Sunny Isles Beach and Cornerstone Group D/B/A La Perla; Authorizing the Mayor to Execute Said Agreement; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate the Intent of this Resolution; Providing for an Effective Date. (Deferred from 4/15/04) Action: City Clerk Hines read the title and City Attorney Dannheisser reported. Public Speakers: Stanley Price, Esq.; Dr. Robert Cornfeld Stanley Price, Esq., representing Cornerstone Group, reported that they are in agreement with the Ingress Egress Agreement with one exception regarding a mitigation fee. He said that on behalf of Cornerstone they accept the language that is proposed and Mayor Edelcup clarified that the only issue is the dollar amount, and Mr. Price agreed. 14 Summary Minutes: Regular City Commission Meeting May 6, 2004 City of Sunny Isles Beach, Florida Dr. Robert Cornfeld, owner of the Newport Hotel, reported that in March, Pier Park was used to allow commercial vehicles to park there because a commercial was being shot there on their pier. He understands that this was against the regulations and was unaware that this was being done, but apologized to the City Commission. He stated that in November of 1999 the City Commission granted them a 99-year permit agreement and in that agreement on page 6, paragraph 16, it says that they have the property for 99-years and they have to obey all the regulations, and they have always done that except this one time, and now the City has seen fit to terminate the 99-year agreement, under the termination paragraph it says "not withstanding the foregoing and anything in this agreement to the contrary, it is the intention of the parties that permittee shall have unimpeded access to the pier and adjacent hotel property at all times." He said this was because they have always had ingress and egress capabilities for 20-years, first it was with Dade County. He said that they are in agreement with this Ingress Egress Agreement and he feels that there should be a penalty. He said not only did the City terminate their 99-year permit of the property, but they took away from them almost $100,000.00 a year in parking revenue that they received from running Pier Park, which they were allowed to do under the permit agreement. He said now the City will be running the Park and deriving this revenue. He said he feels there should be a fine but to ask for $450,000.00 is not right, and he offered to pay the City $100,000.00. City Manager Russo clarified for the record saying that he agreed with what Dr. Cornfeld is saying about what this agreement is, and that there is a section in that agreement that provided for immediate termination, which is what was evoked and the City took over the Park. He said at that point in our legal opinion the agreement was null and void, therefore we went forward to negotiate a totally new agreement with a new entity on a new parcel of land that was being subdivided and sold to La Perla, so he approached it as though they were negotiating an arrangement and his initial approach was, that the access in perpetuity that he would like the lifeguards paid in perpetuity at least, but said that was unreasonable to a degree and he went to a proposal of lO-years and polled the Commission and when he got through three Commissioners he had a clear direction to get a five-year budget from this. He said they presented a competent agreement and backed it up with every analysis and every question that has been asked by this Commission to come up with a budget which was substantially higher than the $450,000.00 that is in this proposal, and it is not a fine or a mitigation fee, it was part of negotiations on a new agreement to get something in return for what we were giving. Mayor Edelcup said that was a reduced number, and City Manager Russo said from the $728,000.00 which is an actual budget that the City will pay, based on the City benefits, expenses, equipment, and other items that make up the entire operation of the lifeguard service at that one tower. Dr. Cornfeld said that the payment of the lifeguard has nothing to do with their infraction of the rule, they broke the rule and they are sorry for it and there should be a fine, but what has the lifeguard service have to do with it? Commissioner Brezin asked Dr. Cornfeld what are you giving to us? Dr. Cornfeld said you are getting $100,000.00 a year and Mr. Price said that the City is also getting the 29 15 Summary Minutes: Regular City Commission Meeting May 6, 2004 City of Sunny Isles Beach, Florida parking spaces in their garage for people going to the Park. City Manager Russo said that in the approval for the access agreement it states that once the improvements were made by the developer for their access, the City would then take it over, for maybe two more years. Commissioner Brezin said then you would be giving us $200,000.00, and asked about the 29 parking spaces. Mr. Price said the 29 spaces are over and above the required parking of the building, and have doubled the parking for that Park. Commissioner Thaler said it is just the service not the revenue from those 29 spaces. Mr. Price gave an historical respective, when they came in there were several re-zonings on this piece of property, and when Cornerstone entered the picture, they down-zoned this property putting in substantial less units than was previously approved, lowering the height of the building, at the suggestion of the City they changed the vehicular movement where in the past service vehicles that came to the site, accessed the hotel from the Park area, they separated that and moved all the truck traffic to the northern portion of their building assuring the City that only regular car traffic and local postal trucks that would come in to service the building would come through the Park, and in addition, at the time this Commission negotiated a deal where Mayor Samson suggested as a further incentive, to pay for a lifeguard for a couple of years, they agreed to that, and that period has expired. Dr. Cornfeld's group received enumeration of $2,000.00 for that indiscretion and the next thing you know it is translating into $775,000.00 now reduced to $450,000.00, and there is no correlation between lifeguards. Mr. Price said that they are on record that they don't think the City had the right to terminate that agreement but they want to go forward, the City is holding over $1.5 Million in impact fees, his client cannot develop a building that would create taxes for this City, the City is getting 29 parking spaces, a better traffic flow into this property, reduced density and height, a building that had no variances, and that is what they have done for this City. Vice Mayor Goodman asked how the lifeguard service came up, and City Manager Russo said it came up during negotiations with Mr. Lamondin, Mr. Price, and Dr. Cornfeld in his office, a new agreement with new terms, the 29 parking spaces for which we collect the revenue is a dedicated City-owned Park, the City has a right to the revenues generated for the taxpayers on public property. He said they violated that agreement, and so the City took over the operation of the Park, and at the time of negotiations, we wanted something that would benefit the City and the lifeguard tower would benefit the City. Mr. Price said that for the last 50 years that Park has been a paved asphalt parking lot and as part of the incentive they gave the City, as part of the rezoning, that they are transferring that Park into a lush green area and they agreed to a landscaping plan which the City accepted, and the City also asked for bathrooms at the Park. After discussion it was the consensus of the Commission to have Dr. Cornfeld pay $150,000.00 for one lifeguard, and Dr. Cornfeld agreed. City Attorney Dannheisser clarified that they are approving the original agreement in the agenda package not the revised one that was handed out. 16 Summary Minutes: Regular City Commission Meeting May 6, 2004 City of Sunny Isles Beach, Florida Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the resolution, as amended. Resolution No. 2004-671 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, Approving Partial Release of Declaration of Use between the City of Sunny Isles Beach and Five Seas Investors, Inc., Attached Hereto as Exhibit "A"; Providing the Mayor with the Authority to Execute the Partial Release; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. (Deferred from 4/15/04) Action: City Clerk Hines read the title and City Attorney Dannheisser reported. Public Speakers: Stanley Price, Esq. Stanley Price, Esq., stated that he has asked that that portion of the property relating to La Perla only, that covenant be released to restricted to hotels, will remain on the Newport site. Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2004-672 was adopted by a voice vote of 5-0 in favor. 9D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Addendum to Agreement between the City of Sunny Isles Beach and Stroyne Bros. South, Inc. Extending the Agreement for One Year, for Maintenance and Collection of 120 Parking Meters on a Weekly Basis, for a Total Monthly Charge of $900.00, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Execute Said Addendum to Agreement and Do All Things Necessary to Effectuate the Terms of the Addendum; Providing for an Effecti ve Date. Action: City Clerk Hines read the title and City Manager Russo reported. Public Speakers: none Vice Mayor Goodman moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2004-673 was adopted by a voice vote of 5-0 in favor. 9E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Addendum to Agreement between the City of Sunny Isles Beach and Bright Maintenance, Inc., for Janitorial Services on a Month-to-Month Basis, in an 17 Summary Minutes: Regular City Commission Meeting May 6, 2004 City of Sunny Isles Beach, Florida Amount of $1,905.46 per Month, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Execute Said Addendum to Agreement and to Do All Things Necessary to Effectuate the Terms of the Addendum; Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Russo reported. Public Speakers: none Vice Mayor Goodman moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2004-674 was adopted by a voice vote of 5-0 in favor. 9F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2004-669 Establishing a Schedule for City Commission Meetings for Calendar Year 2004; Providing for an Effective Date. Action: City Clerk Hines read the title and Commissioner Brezin reported. Public Speakers: none Mayor Edelcup said he has two conflicts with that schedule, Thursday, October 28,2004 he will be out of town, and suggested changing it to Tuesday, October 26, 2004, and the other one is in November. After discussion it was decided to defer this item to May 20, 2004, in order to check calendars. 10. MOTIONS None 11. DISCUSSION ITEMS 11A. Add-On: Discussion regarding a Seniors Program regarding Medicade. Action: Mayor Edelcup reported that he received a phone call from Stanley Shapiro asking that he put on a Seniors Program for the new Medicade for Medicare in buying prescription drugs, and in checking with Henry Kay, he understands that his group, Concerned Citizens of North Miami Dade Coalition, is going to do something. Commissioner Brezin requested that Mr. Kay contact Mr. Shapiro to let him know that the Coalition is doing a program. 18 Summary Minutes: Regular City Commission Meeting May 6, 2004 City of Sunny Isles Beach, Florida llB. Add-On: Discussion regarding Charter Amendments. Action: Mayor Edelcup asked City Attorney Dannheisser if there would be a workshop scheduled for the Charter amendments, and City Attorney Dannheisser said that her office has prepared an ordinance, and she will circulate it, and that it is scheduled on the May 20th Commission meeting for first reading. 12. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICA TIONS None 13. ADJOURNMENT Mayor Edelcup adjourned the meeting at 11: 18 p.m. .Respectfully sl~bmitted by: '- ,~~tL Approved by the City Commission on May 20, 2004 Jane A. Hines, City Clerk 19