HomeMy WebLinkAbout2005 0210 Regular City Commission Meeting
SUMMARY MINUTES
Regular City Commission Meeting
Thursday, February 10, 2005, 7:30 p.m.
City of Sunny Isles Beach, Florida
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AGENDA
1. CALL TO ORDER/ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Edelcup at 7 :30 p.m., with the following officials
present:
Mayor Norman S. Edelcup
Vice Mayor Lewis J. Thaler
Commissioner Roslyn Brezin
Commissioner Gerry Goodman
Commissioner Danny Iglesias
City Manager Christopher J. Russo
City Attorney Lynn Dannheisser
City Clerk Jane A. Hines
Mayor Edelcup noted that this is an historic occasion for the City as we are meeting in our
new Government Center and that the next City Commission meeting on March 10, 2005 will
be held in our new David Samson Commission Chambers. Mayor Edelcup said that we will
be having our Grand Opening in this facility [Friday, February 25,2005 at 2:00 p.m.] which
eventually will be Miami-Dade County's Public Library branch and that the Library will be
opened in the Spring and that the Post Office will open shortly but that there is a portable unit
here for the time being.
2. PLEDGE OF ALLEGIANCE/INVOCATION
Action: Gloria Taft led the Pledge of Allegiance to the flag and Richard C. Schulman gave an
invocation.
Mayor Edelcup gave opening remarks of decorum.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting - January 13, 2005.
Action: Commissioner Iglesias moved and Vice Mayor 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 February 10, 2005
City of Sunny Isles Beach, Florida
4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Hear Items: Hand outs included Amendment to Item 9A, Page 3 ofthe Ordinance;
Deferral of Item 10D; and Two Add-On Items 5A and 10E.
Action: Mayor Edelcup noted the above changes.
Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the
above-mentioned changes to the agenda. The motion was approved by a voice vote of5-
o in favor.
5. SPECIAL PRESENTATIONS
5A. Add-On
Presentation of a Plaque to Mayor Norman S. Edelcup by Sunny Isles Beach Citizens
Coalition President Henry Kay and members of the Board.
Action: Henry Kay, President ofthe Sunny Isles Beach Citizens Coalition, and members of
the Board [Gloria and Arnold Taft, and Cassey Gabor] presented Mayor Edelcup with a
plaque expressing their appreciation to have someone that they can trust to do his best for the
well being and quality oflife ofthe citizens of Sunny Isles Beach. Mayor Edelcup accepted
the plaque on behalf ofthe City Commission and thanked Mr. Kay and members of the Sunny
Isles Beach Citizens Coalition.
6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. Request of Fortune Ocean LLLP, Owner of the Property Located at 17121 Collins
Avenue, Sunny Isles Beach, Florida, for the Following:
[Hearing #Z2004-09]
1. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations,
the applicant is requesting to transfer 129,216 square feet of development rights.
2. Pursuant to Section 265-18 ofthe City of Sunny Isles Beach Land Development Regulations,
the applicant is requesting a site plan approval for a 49-story, 256-unit condominium.
Protests 0
Waivers
o
Ex-Parte ~
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 witness for the Zoning
hearing.
Public Speakers: Judith Burke, Esq.; Carlos Ott, Architect; Mary Ann Eicke; Alexander
Fusco; Roslyn Fabian; Jose of Arc-Tech Associates; Henry Kay; Gloria Taft
J udi th Burke Esq., representing Fortune Ocean LLLP, reported and introduced her team. She
said this project, Jade Beach II, is adjacent to and north of Fortune's first project, which will
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break ground in about two weeks, and that this design will compliment the design of Jade
Beach 1. Ms. Burke said that this project meets all the regulations of the City's Land
Development Regulations and that no variances are being requested. She noted that the
project utilizes all of the bonuses available under the City's regulations including the
dedication of an oceanfront park and the provision of a beach access easement which is 20-
feet in width rather than the 15- feet required. She introduced Architect Carlos Ott who
reported and presented renderings of the project.
Planning and Zoning Administrator Jorge Vera reported that staff has no objections to this
development, they meet all the requirements, and noted that on parking in the memo it says 9
on the handicapped and it should be 8, and also all the comments that are relating to traffic
and landscaping have been addressed by the departments, and that Calvin Giordano has
reviewed it and that they meet all the requirements.
Commissioner Goodman asked about tandem parking and Ms. Burke said that they are giving
out a single space for the smaller units but for a larger unit they will also get a tandem space
for only their two cars, and there are still enough excess spaces for the valet guest parking.
Vice Mayor Thaler asked to make sure that in the larger units that the two spaces would be for
that unit only and that they can't sell them and Ms. Burke said she believes that is already in
the documents but would double check it. Vice Mayor Thaler noted that in one part of the
document there are 8 handicapped spaces and 9 in another part and said he feels that there
should be more handicapped parking spaces, and Ms. Burke said she would definitely look
into it and add a few more. Commissioner Iglesias asked to keep the pours in non peak hours,
and Mayor Edelcup asked that there be no early starts. Mayor Edelcup asked Ms. Burke to
consider some sort of art either on this private place or donation of art to one of the City's
parks in keeping with the concept of beautifying the City. Ms. Burke said they will look into
it, and noted that the art for this building is that incredible waterfall in the front. Mayor
Edelcup thanked Ms. Burke and the developers for putting up a beautiful construction fence,
and hopefully it will be emulated by other developers. Commissioner Iglesias noted that by
the time they finish their building, the tree ordinance will be in place and maybe the City will
take some of their unwanted trees.
Commissioner Goodman moved and Vice Mayor Thaler seconded a motion for approval,
subject to staff conditions. Resolution No. 05-Z-89 was approved by a roll call vote of5-
o in favor.
Vote: Commissioner Brezin ves
Commissioner Goodman yes
Commissioner Iglesias yes
Vice Mayor Thaler yes
Mayor Edelcup yes
7. ORDINANCES FOR FIRST READING
7 A. An Ordinance ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Amending
Section 265-46 of the Land Development Regulations Relating to Parking Regulations to
Prohibit Parking of Vehicles on Front Lawns in Residential Districts and to Prohibit
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Parking of Vehicles on Publicly Maintained Lawns and Landscaped Areas; Providing
for an Exception; Providing for Enforcement; Providing for Penalties; Providing for
Severability; Providing for Inclusion in the Code; Providing for Repealer; and Providing for
an Effective Date.
(Continued First Reading from 11/18/04)
Action: City Clerk Hines read the title and Planning and Zoning Administrator Jorge Vera
reported and noted that this Ordinance included the changes made from the last meeting
[January 13, 2005 Commission Workshop].
Commissioner Iglesias said that he would like to put in this Ordinance the idea of promoting
green space and one of the policies they adopted at DOT is to promote green space by
supporting tree preservation where if someone wants the trees that are being removed, they
can take them in an effort to promote green space. He asked that the Ordinance reads: "The
City shall support tree preservation by encouraging the transplant of trees whenever possible
from public to public, public to private, private to public, private to private, whenever feasible
and cost effective.", and suggested that it could be placed in this ordinance for second reading.
Planning and Zoning Administrator V era asked where that should be placed in this ordin~nce
because the promotion of green space is within private property, so if you get a developer that
is going to give the City trees it should go on public property not private. Commissioner
Iglesias said the reason he brought it up is because of the area of green space in front of a lot
of homes that is really City Property, swale area, but still public, but he doesn't mind seeing
this in a separate ordinance. Mayor Edelcup said he would like to see it in a separate
ordinance. City Attorney Dannheisser asked for a clarification, to limit to this one or make it
a policy in general, and Commissioner Iglesias said he would give the wording to the City
Attorney. City Attorney Dannheisser said that if any tree is removed, there is an opportunity
first to transplant it, and Commissioner Iglesias said yes, for citywide to either save or replace
trees. Commissioner Brezin suggested consulting with Landscape Architect Bill O'Leary first
and Commissioner Iglesias said that the ordinance would say when feasible.
Public Speakers: Merry Wynne
Merry Wynne said she was concerned about a drainage problem with a hard surface and
Building Official! Administrator Clayton Parker reported.
Commissioner Goodman moved and Commissioner Iglesias 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, March 10,2005, at 7:30
p.m.
Vote:
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
Vice Mayor Thaler
Mayor Edelcup
yes
yes
yes
yes
yes
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7B. An Ordinance ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Amending
Section 33-3 (E) (4) of the Ethics Code of the City of Sunny Isles Beach to Require
Disclosure of Any Gift Having a Value in Excess of $100.00; Providing for Severability;
Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date.
Action: City Clerk Hines read the title and City Attorney Dannheisser reported.
Commissioner Iglesias suggested leaving it at $25.00.
Public Speakers: none
Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the
proposal on first reading. The motion was approved by a roll call vote of 4-1
(Commission Iglesias against) in favor. Second reading, public hearing will be held on
Thursday, March 10,2005, at 7:30 p.m.
Vote: Commissioner Brezin yes
Commissioner Goodman yes
Commissioner Iglesias no
Vice Mayor Thaler yes
Mayor Edelcup yes
7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Implementing the Provisions of Section 286.0115, Florida Statutes, to Establish a
Procedure Governing Ex Parte Communications with Local Public Officials
Concerning Quasi-Judicial Matters; Providing Adoption of Quasi-Judicial Hearing
Procedures; Providing for Severability; Providing for Repealer; Providing for an Effective
Date.
Action: [City Clerk's Note: A City Commission Workshop on Ex Parte Communications took
place tonight at 6:30 p.m.] City Clerk Hines read the title and City Attorney Dannheisser
reported. Mayor Edelcup explained that this Ordinance is strictly for Zoning matters that
come before the Commission when they act in a Quasi-Judicial hearing just like the one we
finished on Item 6A. He said the Commission is prohibited to speak to anyone regarding
these matters until there is a public hearing. Commissioner Iglesias commended Mayor
Edelcup for bringing this ordinance up and agreed with Vice Mayor Thaler that it has curbed
the lobbying and in most cases almost stopped it, and said he does not feel it should be
changed. City Attorney Dannheisser clarified that Commissioner Iglesias said to not adopt this
Ordinance and leave it as is. Commissioner Goodman said we need a little protection and this
ordinance will protect the Commission by disclosure.
Mayor Edelcup said a year ago he recommended that we make the law tougher because the
Commission was being bombarded by many developers and other people that would come in
and lobby them. He said that the ordinance sent the lobbyists a message by adopting this new
ordinance that prohibited in its entirety and gave them no out, which was very successful. He
said when the City Attorney brought this ordinance back to our attention that inadvertently
somebody could start talking to them or send them a letter and midway through the letter
realize that the letter is really a lobbying attempt on a zoning matter and what do they do at
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that stage, and at that point the ordinance that was passed they had already committed the
crime and have no recourse, and by coming back with this provision so that if there is a
commissioner involved in that situation, that commissioner is protected. He said by making
this change and recognizing that the Commission is not changing its philosophical approach
to zoning matters and that our doors are still closed on zoning matters.
Public Speakers: Henry Kay
City Attorney Dannheisser reiterated something from the Workshop that she mentioned to the
Commission that it is an issue as to whether or not this Ordinance will ultimately be upheld by
the courts, so while we are going to put this on the record as a shield, she reminded the
Commission that lobbying on a zoning matter is inherently improper and anathema to justice
as the Jennings case says and we should decline to do this and either way from the
Commission's comments, she said she is going to take it as an instruction to staff when
developers say they are going to lobby you to tell them it is not permitted in this City and they
must deal directly with staff and then at the public hearing, and the Commission said that is
correct. Mayor Edelcup said that anyone in the public that wants to speak on a zoning matter
they can't speak to the Commission but they are entitled to speak with staff because they are
not setting as judges as the Commission is.
Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the
proposal on first reading. The motion was approved by a roll call vote of 4-1
(Commissioner Iglesias against) in favor. Second reading, public hearing will be held on
Thursday, March 10,2005, at 7:30 p.m.
Vote: Commissioner Brezin yes
Commissioner Goodman yes
Commissioner Iglesias no
Vice Mayor Thaler yes
Mayor Edelcup yes
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
9. ORDINANCES FOR SECOND READING (Public Hearings)
9 A. An Ordinance ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Amending
Chapter 104 Commonly Known as "The Art in Public Places Ordinance" to Require the
Placement of Artwork on Private Property as Part of Site Plan Approval; Providing for
Purpose; Providing for Definitions; Providing for Applicability; Providing for Exceptions;
Providing for Repealer, Providing for Severability; Providing for an Effective Date.
(First Reading 1/13/05)
Actio,,: City Clerk Hines read the title, and Deputy City Attorney Hans Ottinot reported
noting that the Ordinance was amended on page 3, Section 104-4.4(A) struck out "up to, but
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not limited to" and added "not exceeding". Mayor Edelcup said that the Art in Public Places
Ordinance on the books is a voluntary submission by a developer and that hasn't produced
much in the way of voluntary art coming to the City and that is why he suggested that this
ordinance be put together. Deputy City Attorney Ottinot noted that Stanley Price and Clifford
Schulman spoke to him and the City Attorney this morning and raised some issues but they
haven't in fact provided legal or case law with respect to tell us that this ordinance is not
legally sufficient.
Public Speakers: Stanley Price, Esq.; Clifford Schulman, Esq.; Cassey Gabor
Stanley Price, Esq., stated that in his opinion this ordinance is facially unconstitutional
because of many reasons: the title is defective because it says Art in Public Places when in
fact the entire ordinance is Art in Private Places; a whereas clause generally sets the basis for
the ordinance and it says as these opportunities are diminished, what is diminished, the fact
that buildings are going where art can go?; the definition section, architectural enhancement,
you define it at great length and then don't use the term anywhere in the ordinance;
applicability, all multifamily developments and all commercial developments, it should be all
new developments; and that the Commission determines that good art is worth $500,000.00 or
1 % of the cost of construction. Commissioner Iglesias said that the intent is to make the City
more beautiful and is concerned what Mr. Price is saying that this ordinance is a violation of
the First Amendment he would favor getting an opinion and an expert who deals with the First
Amendment. Mr. Price suggested that it goes through Site Plan Review, the City has a gold
mine here and that is the ad valorem tax base when these buildings are completed and the City
should set aside a fund from the General Fund, the tax revenues, set aside 3% a year for art
and let the City put art on City-owned property and you have no right to do it on private
property. Deputy City Attorney Ottinot said he disagrees with Mr. Price because he had no
case law decisions, when you research you research within your own jurisdiction to see if
there is any precedent in respect to this ordinance and he looked around the State of Florida
and did not find any other city that adopted a similar ordinance. He said he researched and
found nine cities in California who adopted a similar ordinance requiring a developer to pay a
fee or construct a work of art on his or her property, and that the City of Palm Desert adopted
their ordinance in 1986 and has not been challenged.
Cliff Schulman, Esq., asked where the art was in the new Government Center and City
Manager Russo said for the record the City has spent between 7% - 17% of the cost of this
building on art and the art for this building is the entire Commission Chambers, design mosaic
tiles, and fountain around it and to include that item on this building would have been exactly
$1 Million less in cost so you can either calculate the $2.5 Million for the cost of the
Commission Chambers out of the $14.5 Million that this building cost or you can add back in
what it would have cost to just been part of the building then you've got $1 Million that we
put towards it and when you do that math that is 7% being conservative of the cost of this
building in art. Mr. Schulman said that you are making this City more and more expensive to
build in every day, there is no other city in the state of Florida, that will require a developer
not only to build all the infrastructure and all the other things that you want but then to give
the City anywhere between $.5 Million and $2 Million for what you consider to be art. He
said that the ordinance applies to anybody who wants to get a building permit, and that
includes people who have already received site plan approval for their building, on the other
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hand the ordinance says that the art has to be approved as part ofthe Site Plan approval, and
are making this ordinance retroactively applicable. He suggested on projects that have already
received site plan approval don't have to have this ordinance applied to them at the time of the
building permit. He cited a couple of cases for the City Attorney to review ifthis ordinance is
deferred tonight, that you cannot exact from a developer something that is not reasonably
related, has a rational nexus to what that developer's impact is upon your community. Mr.
Schulman suggested unless you can show a rational nexus a connection between impact and
what you are asking a developer to give you or provide to the public, it is illegal and they have
asked the City Attorney to look into that. He said he agrees with Mr. Price, that the City is
discriminating against multi-family developments and commercial developers, and suggested
this ordinance be deferred.
Mayor Edelcup said that we can create a limit, and create a little more fairness by not going
retroactive back to any projects that have been previously approved. He said since we set a
$500,000.00 limit on art to be spent in a private place and it was open-ended as to what the
contribution would be in lieu ofthat in a public place, still trying to encourage art to be spent
locally at the private place he suggested capping the public place at $750,000.00, in other
words, it is a quarter of a million dollars more if you are going to give it to the City because
we would rather see it spent on the project or in the alternative make them equal at
$500,000.00. Commissioner Iglesias agreed with making it equal, but he said he doesn't think
that there will be a problem because the structures are works of art in themselves, but perhaps
a smaller building that cannot fit in a total of$500,000.00 that would put a nice water feature
that may cost $200,000.00 and then the difference of$300,000.00 would go to the City for a
combined total. Deputy City Attorney Ottinot noted on page 63 [in agenda package] item C,
allows what was just suggested.
Mayor Edelcup said then that they have a consensus here that they agree to a $500,000.00 cap
for both places, and the difference will go to the City ifthey don't spend the $500,000.00, and
that they are also agreeing that this is not going to apply retroactively.
Commissioner Goodman moved and Commissioner Iglesias seconded a motion to adopt the
ordinance, as amended. Ordinance No. 2005-221 was adopted by a roll call vote of 5-0
in favor.
Vote:
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
Vice Mayor Thaler
Mayor Edelcup
yes
yes
yes
yes
yes
Sitting in as the Local Planning Agency and the City Commission, to Consider an
Ordinance Amending the Land Development Regulations (LDRs)
9B.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 265-46 "Off-Street Parking, Loading and Driveway Standards" of the Land
Development Regulations, to Repeal Section 265-46A (2) (b) which Provided for a Parking
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"Buy-Down" Amending Section 265-46A( 4) to Reduce Tandem Parking from 100% to 20%;
Amending Section 265-46A(7) to Enlarge the Size of All Parking Spaces to No Less than
Nine Feet; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Mayor Edelcup reported.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Iglesias seconded the motion. LP A
Resolution No. 2005-27 was adopted by a voice vote of 5-0 in favor.
9B.2 An Ordinance Of The City Commission Of The City Of Sunny Isles Beach, Florida,
Amending Section 265-46 "Off-Street Parking, Loading and Driveway Standards" ofthe
Land Development Regulations to Repeal Section 265-46A (2) (b) which Provided for a
Parking "Buy-Down" Amending Section 265-46A( 4) to Reduce Tandem Parking from 100%
to 20%; Amending Section 265-46A(7) to Enlarge the Size of All Parking Spaces to No Less
than Nine Feet; Providing for Inclusion in the Code; Providing for Severability; Providing
For An Effective Date.
(First Reading 1/13/05)
Action: City Clerk Hines read the title, and City Attorney reported and noted that
Commissioner Goodman is sponsoring this Ordinance.
Public Speakers: Alan Krischer, Esq.; Clifford Schulman, Esq.; Peter Weiner
Alan Krischer, Esq., with the Law Firm of Holland and Knight, representing TRG Sunny Isles
Beach Ltd, which is an affiliate of the Related Group, and that they have applied several
months ago with an application for site plan approval and have been working with staff
related to one of the issues discussed in a previous matter and they wanted to clarify one
aspect of the ordinance. He said the ordinance as it is presently drafted does not speak to
applicant such as themselves that have been many thousands of dollars developing site plans
that are based on existing standards, and their application will be coming up next month and
they would like the ordinance to be clarified on the record that it would not apply to those
folks that have already come in and applied for site plan approval. City Attorney Dannheisser
said that it was the wish of the Commission that it apply to such a large project as this is
probably one of our last really large projects with 822 units, that is why specifically she did
not exempt that, but that it is a policy decision. Mr. Krischer said that would be a tremendous
hardship that would work on an applicant that has relied on the rules set forth and have been
working on for several months and to have to start over again with a new site plan would be a
tremendous difficulty for the applicant. Mr. Krischer said the project is Trump Towers and
City Attorney Dannheisser said it is slated for March 10, 2005.
Clifford Schulman, Esq., representing J. Milton and Associates, said they have no objection
with the change from 100% to 20% of tandem parking, but is concerned about the change
from 8 Y:z feet to 9 feet on a parking space, as this will add bulk to the building. He said he is
also concerned about the Buy-Down, and suggested not to eliminate the Buy-Down because it
allows the developer to give the City money to build public parking, and suggested if the
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Commission is going to cut down on the Buy-Down then don't take it away altogether bring it
down from 20% to 10%, but leave the 8 Yz because you will see larger parking pedestals then
you would like because the developer is forced to do so. Commissioner Goodman said that
we have at the present time probably 1,000 parking spaces in Sunny Isles Beach and we rely
on Haulover Park, so if you give us money for public parking where are we going to put it?
Peter Weiner, Dezer Properties, asked that this item be deferred and have a workshop, and
Mayor Edelcup noted that at first reading he said that the developers have an opportunity to
meet between first and second readings of this ordinance if they so choose, so that this
Ordinance wouldn't be delayed. Mayor Edelcup said that it really goes back to the design of
the building, if we set the basic criteria and that is all we are trying to decide tonight, do we
defer a problem in the future, or do we solve the problems up front and require architectural
design to take place now because when we don't have public space to provide additional
parking, we are trying to prevent people from scratching cars next to them, and the tandem
parking situation does not work out later on when the building fills up it is not feasible in our
view for the parking to have a tandem approach to it. Commissioner Iglesias said he agreed
with Mayor Edelcup and he said he would like to see 9-foot width on businesses but on
residential we can still get away from it, and the 20% tandem is feasible and moved that those
already in the hopper that we don't penalize as far as the buy-downs, he said we will get
bigger garages, but if it goes forward as it is, what is going to happen with the FAR, are we
going to include it? Commissioner Brezin said we have a major problem here when it comes
to parking, we must accommodate the people coming into your buildings and it is your
responsibility to provide sufficient parking for your residents, so she agrees with this
ordinance. City Attorney Dannheisser said that the FAR is a good point but we can always
bring this back as an amendment to this Ordinance for the Commission's consideration.
Commissioner Iglesias said a parking structure takes about 8Yz feet and if we give them FAR
up to the first 20, it mayor may not be needed, but based on the requirements they may have
to go higher and it goes into the FAR it is taking away from the building, so we won't count
the FAR towards it. Mayor Edelcup suggested that we try to move this question and then
instruct staff to work with Commissioner Iglesias to present an amendment at the next
meeting.
Mr. Schulman asked about applications in progress, and Commissioner Iglesias said it would
not count as to what's in the works. Mayor Edelcup said we need to clarify what we mean by
what's in the works. City Attorney Dannheisser said that ifit is in Shelley Eichner's report
then this ordinance will or will not apply, and Shelley Eichner said that every other week she
prepares the Project Tracking Chart which is a record of all ofthe applications that have been
filed with the City and suggested that everything that is on that list as of today would be
considered with the City, and that was agreed to by the Commission.
Commissioner Brezin moved and Commissioner Goodman seconded a motion to adopt the
ordinance, as amended. Ordinance No. 2005-222 was adopted by a roll call vote of 5-0
in favor.
Vote:
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
Vice Mayor Thaler
Mayor Edelcup
yes
yes
yes
yes
yes
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[City Clerk's Note: The Commission took a break at 10:00 p.m., and will reconvene at
10:15 p.m.]
10. RESOLUTIONS
lOA. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Awarding
Bid No. 04-12-02 Golden Shores Entrance Wall to Tenex Enterprises; Authorizing the
City Manager to Negotiate and Enter into an Agreement with Tenex Enterprises, Inc.,
for Construction of the Golden Shores Entrance Wall, in Substantially the Same Form
and Amount ($195,376.00), as the Agreement Attached Hereto as Exhibit "A"; Providing
that Any Changes are Approved as to Form and Legal Sufficiency by the City Attorney;
Providing the City Manager with the Authority to Do All Things Necessary to Effectuate the
Terms of this Agreement; Providing for an Effective Date.
Action: City Clerk Hines read the title and City Manager Russo reported. Mayor Edelcup
asked if it was possible to do sandblasting work on the fence such as an imprint of a palm
tree or egret. City Manager Russo said he didn't think so on this type of wall, but that the
only part visible is where it turns on Collins Avenue, but he will check. Commissioner
Brezin asked if we could put landscaping in front of it. Vice Mayor Thaler asked how long
this will take, and City Manager Russo said they have 120 days to complete this and they
have a penalty provision.
Public Speakers: none
Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve
the resolution. Resolution No. 2005-770 was adopted by a voice vote of 5-0 in favor.
lOR. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Reappointing Judge Marshall Ader (Retired), Judge Robert Newman (Retired),
Darcee Siegel, and Maurice Donsky as Special Masters, for a Period of One Year, in
Accordance with Ordinance No. 2001-141; Providing for an Effective Date.
Action: City Clerk Hines read the title and City Manager Russo reported. Mayor Ede1cup
said that he would like it expressed to the Special Masters to uphold the law particularly in
those cases where it is a commercial violation that hasn't been corrected and that they assess
the full maximum penalty as possible and be lenient on any residential areas where people
are attempting to comply.
Public Speakers: none
Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the
resolution. Resolution No. 2005-771 was adopted by a voice vote of 5-0 in favor.
11
Summary Minutes: Regular City Commission Meeting February 10, 2005
City of Sunny Isles Beach, Florida
10C. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing
the City Manager and City Attorney to Enter into Discussions/Negotiations and/or Mediation
in the Condemnation Action mvolving the Property Located at 201-182nd Drive Also
Known as "Empress Property"; Providing the City Manager with the Authority to Pay All
Fees and Costs Related to Presuit Negotiations; Providing the City Manager and City
Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: City Clerk Hines read the title and City Attorney Dannheisser reported that the
owners ofthe Empress Property have made an offer to enter into presuit negotiations and we
would have to hire a mediator [$200.00 per hour] for this and in our judgment it could only
facilitate it, it may not result in what we would like to see, but ultimately it may save us some
money. Commissioner Goodman said in reference to the Miami-Dade County Board of
Education and the City negotiating with them regarding the school, how do we handle this if
we are going after the property in reference to them wanting to build the school, and City
Attorney Dannheisser said this makes it all the more critical to try to gain an negotiated
settlement and actual acquisition than go through the condemnation if we can avoid it, since
we have these new legal issues.
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the
resolution. Resolution No. 2005-772 was adopted by a voice vote of 5-0 in favor.
10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the Transfer of Development Rights ("TDRs") in the Amount of 126,737 Square Feet of
Floor Area to Sunny Isles Development Company, LLC for Use in Connection with the
Development Approval Granted by Resolution 04-Z-85 From the TDR Bank
Established for Tract "D" Remainder Parcel Owned by Porto Bellagio Partners, LLC;
Directing the Planning and Zoning Administrator or Designee to so Transfer the TDRs;
Providing for the Consent to the Transfer of the TDRs by Porto Bellagio Partners, LLC
Owners of Tract "D" Remainder Parcel; Authorizing the Adjustment ofthe TDR Bank by the
Planning and Zoning Administrator or Designee; Providing the City Manager with the
Authority to Do All Things Necessary to Effectuate this Resolution; and Providing for an
Effective Date.
Action: [City Clerk's Note: See Action Item 4A.] Item Deferred.
10E. Add-On
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Accepting
Donations from Royale Florida Enterprises, Inc., Sunny Isles Luxury Ventures, LLC, and
Residences at Ocean Grande, Inc., of$3,000.00 Each to be Applied Toward the Purchase
of 65mm X 65mm X 90mm Optic Crystals with Art Work to Commemorate the New
Government Center, in a Total Amount of $9,000.00, Attached Hereto as Exhibit "A";
Authorizing the City Manager to do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
12
Summary Minutes: Regular City Commission Meeting February 10,2005
City of Sunny Isles Beach, Florida
Action: City Clerk Hines read the title and Mayor Edelcup asked why are we voting on this
tonight when we voted on this at the December 9, 2004 City Commission meeting.
Commissioner Goodman said he listened to the tapes from that meeting and he read the
recommendation from that item, and under additional information, which was reported by
the City Manager, "The Dezer Trump Organization, through my contact with Mr. Gil Dezer,
has offered to contribute 50% ofthe cost of this commemorative item.", and Commissioner
Goodman said when the City Manager reported the recommendation and the reasons, it was
his interpretation that the Commission was voting on accepting that money. He said he
listened to the tape and the City Manager did say something of a different nature, but he
thinks that it was part of the motion and that is what he voted on. Commissioner Iglesias
asked the City Attorney, if we get a donation don't we have to accept it, and City Attorney
Dannheisser said yes you have to accept it, and that the City Manager announced at that same
meeting that he would have to come back before you in order for you to accept the donations,
which is what he is doing now. Commissioner Iglesias said if you meet outside the Sunshine
Law, like some Commission members met [February 3, 2005 regarding the Government
Center Grand Opening] and you discuss something that's going to come before us, it is a
violation. Commissioner Goodman said the meeting he attended didn't discuss anything but
the program.
Mayor Edelcup said there were a lot of misunderstandings, a lot of the Commissioners
thought that we approved this in December, we still think that, and if we didn't, we will
approve it today. He said that staff had the opportunity to notice this meeting [February 3,
2005] and staff did not notice this meeting, there were a lot of mistakes made at the staff
level and perhaps at the Commission level. City Manager Russo said that at the December
9th City Commission meeting, the resolution was approved for the purchase of the crystals,
and that this would have to come back to the Commission with regard to the donations. He
said he is directing his staff not to participate in any meetings that are not properly, legally
noticed, and the person that's going to make that determination is the City Clerk, and ifthe
City Clerk has any question about that, the City Clerk will check with the City Attorney,
which is our procedure, and that's what happened in this case.
Commissioner Goodman said in the event that we made an honest mistake, to clarify the
situation we can refuse to accept the donation which would clarify everything, and
Commissioner Iglesias said no it would not, the point is it came before us whether you accept
it or not accept it. Mayor Edelcup offered a compromise that we will vote on the issue, still
believing that when we voted in December, that we had voted on this issue, but to clarify any
misunderstandings we will vote on it again today, but that the resolution reflects that it is the
reflection of the majority of this Commission, that they thought they had voted on it in
December and the minutes ofthis meeting today should reflect that comment. He asked the
City Attorney if that would be satisfactory and City Attorney Dannheisser said that she gave
her instructions with regard to that meeting on the record and it is the Commission's choice
how they want to proceed. Mayor Edelcup said he recommends that the Commission vote on
this issue with the resolution stating that it is the belief ofthe majority of this Commission
that they had voted on this in December but apparently upon listening to the tapes we have
found that it is incorrect and therefore we are voting on it today to clarify that
misunderstanding.
]3
Summary Minutes: Regular City Commission Meeting February 10,2005
City of Sunny Isles Beach, Florida
Public Speakers: none
Vice Mayor Thaler moved and Commissioner Goodman seconded a motion to approve the
resolution, as amended. Resolution No. 2005-773 was adopted by a voice vote of 5-0 in
favor.
11. MOTIONS
None
12. DISCUSSION ITEMS
12A. Add-On
Discussion by Stanley K. Shapiro regarding the Prime Time Seniors of 501C3.
Action: Mayor Edelcup introduced Stanley K. Shapiro. Mr. Shapiro said he belongs to
VFW Post 3559 American Legion Post 85 in Miami Beach, and is a senior citizen activist in
Miami Beach and Miami-Dade County. He brought up at his Post the idea of writing letters
to our servicemen overseas. He said he has already gone before the Commission in North
Bay Village, Bal Harbour, and Surfside and they each gave him $1,000.00 for the Prime
Time Seniors, and he will be going before the Bay Harbor Island Commission next. He then
asked Sunny Isles Beach for a donation of$I,OOO.OO.
Commissioner Goodman moved and Commissioner Iglesias seconded a motion to donate
$1,000.00 to the Prime Time Seniors. The motion was approved by a voice vote of 5-0
in favor.
12B. Add-On
Discussion by City Attorney Dannheisser regarding the Miami-Dade County School Board.
Action: Mayor Edelcup said that City Attorney Dannheisser wanted to bring the
Commission up to date on an item. City Attorney Dannheisser said that the Commission had
requested an Attorney General Opinion as to whether the School Board could initiate the
condemnation action for the property that we wanted to acquire for the school site and where
Dade County could construct the school site. She said we asked the question as to whether
the School Board could initiate a condemnation action on our behalf so that we could acquire
the property for an educational purpose because we were going to pay for all the costs
including the cost of acquisition, they would then turn the title over to us, and we would in
turn lease back the property, long-term lease, for them to construct a school. She said the
answer has been returned from the Attorney General in the negative, specifically, they have
opined that the School Board may not use its power of eminent domain on behalf of the City
to obtain fee simple title and subsequently convey that title to the City even if a lease hold
interest is granted back to the School Board. She said this leaves us with a couple of options:
she said she met with City Manager Russo and our Lobbyist Ron Book to reinstate the
provision that was sunsetted that took away our power of eminent domain to acquire property
14
Summary Minutes: Regular City Commission Meeting February 10, 2005
City of Sunny Isles Beach, Florida
for a public school and all that we are left with is the power to acquire a property for a
Charter School. She said that Mr. Book has taken this and run with the ball and is now in the
form of a Bill in front of the Legislature and the end of the term will be at the end of April
and we should know at that time, and before we have done anything we can actually
condemn this property on our own. City Attorney Dannheisser said that alternatively we can
have the School Board exercise its authority and basically do the entire acquisition and
construction. She said she met with Mayor Edelcup, City Manager Russo, and the school
construction people because they also had an issue with what we have contemplated and
discussed which is that if they didn't live up to the educational standards or performance
standards that we would negotiate, that we would have some leverage that we would have the
authority to default them in the lease and take back the property. She said we would buy the
school back or pay for the bonds for the construction. She also noted that the construction
people have an issue and do not believe they have the legal authority to enter into such an
agreement there either. She said she has formulated a question for their attorney to answer
based on those conversations just as she formulated the letter request to the Attorney
General. She stated that once we have the answer to that, the Mayor will bring your options
back before the Commission and to the Advisory Committee, and thinks we should wait to
have discussion on this until we get that opinion, but we will continue to try to acquire this
site through negotiations because that is not affected by any of this.
Mayor Edelcup said that the City Attorney has succinctly defined where we are at and she is
right we need to wait until we get a reply from the School Board because that reply may
necessitate us going back to the drawing board depending upon their decision. As soon as
we get the response from the School Board he suggested that this Commission convene to
examine that response and determine whether or not it is acceptable or if it needs to go back
to the Subcommittee for a determination as to where we go. Vice Mayor Thaler noted that
there is a School Board meeting next Tuesday, is there any way we can push the issue to see
if we can get even a verbal answer before that. City Attorney Dannheisser said they are very
structured at the School Board, they will not discuss anything impromptu. Mayor Ede1cup
also noted that the Oversite Board has refused to release the funds at the School Board level.
City Attorney Dannheisser said this opinion, if the property owners get hold of it, may
impact on negotiations as well so we have to reexamine once we get the opinion.
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
None
14. ADJOURNMENT
cOnVnissi~n~r Goodman moved and Vice Mayor Thaler seconded a motion to adjourn the
~e~t,iiig; qg.d Mayor Edelcup adjourned it at 10:52 p.m.
'. .....
.... ..
Respe~.tfully. s~bh1iRea'by: '.-
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....~
Jane A. Hir~~', ity Cler~~'.:, .
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