HomeMy WebLinkAbout2006 1116 Regular City Commission Meeting
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SUMMARY MINUTES
Regular City Commission Meeting
Thursday, November 16,2006,7:30 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 Roslyn Brezin
Commissioner Gerry Goodman
Commissioner Danny Iglesias (arrived at 7:31 p.m.)
Commissioner Lewis J. Thaler
City Manager A. John SzerIag
City Attorney Hans Ottinot
City Clerk Jane A. Hines, CMC
Assistant City Manager Jorge Vera
Patricia SaintVil-Joseph, Deputy City Attorney
2. PLEDGE OF ALLEGIANCE / INVOCATION
Action: Commissioner Iglesias 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. Special City Commission Meeting - October 17, 2006.
Action: [City Clerk's Note: Amended page 2 distributed prior to the meeting.]
Commissioner Thaler moved and Vice Mayor Brezin 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 Meeting - October 19,2006.
Action: [City Clerk's Note: Amended page 5 distributed prior to the meeting.}
Commissioner Thaler moved and Commissioner Iglesias 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.
Summary Minutes: Regular City Commission Meeting November 16,2006
City of Sunny Isles Beach, Florida
4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Hear Items: Hear Item 1 OA after Item 6A. Handouts included: Item 3A, revision
to page 2 of Summary Minutes; Item 3B, revision to page 5 of Summary Minutes; Item 6A,
Revised Development Review Report; Add-On Item 71, Ordinance entitled "Fire Prevention
and Protection Regulations"; provided additional information for Item 10H, Correspondence
re: Trump Royale.
Action: Mayor EdeIcup noted the above changes.
Commissioner Thaler moved and Vice Mayor Brezin seconded a motion to approve the
above changes to the agenda. The motion was approved by a voice vote of 5-0 in favor.
5. SPECIAL PRESENT A TIONS
None
6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. Request of Sunny Isles Resort Development, LLLP., Owner of the Property Located at
17475 Collins Avenue, for the Following: (Hearing #Z2006-08)
1. Pursuant to Section 265-18 ofthe City of Sunny Isles Beach Land Development Regulations,
the applicant is requesting a site approval for 32 stories, 107 unit condominium.
2. Pursuant to Section 265-23 ofthe City of Sunny Isles Beach Land Development Regulations,
the applicant is requesting the transfer of 51,749 square feet and 25 units development rights
from the City's Transfer of Development Rights Bank ("Bank"). (An adjustment to be made
for a decrease of 51,749 square feet and twenty eight (28) dwelling units from the City's
Transfer Development Rights Bank).
3. Pursuant to Section 265-35 CD) (8) of the City of Sunny Isles Beach Land Development
Regulations, the applicant is requesting a waiver of the Beach Access Easement requirement
under the Land Development Regulations.
4. Pursuant to Section 265-46 (A) (4) of the City of Sunny Isles Beach Land Development
Regulations, the applicant is requesting to permit 38% tandem parking, other than
handicapped parking (20% tandem parking permitted).
5. The applicant is requesting a variance from Section 265-35D( 4)(c)[2][b] ofthe City of Sunny
Isles Beach Land Development Regulations permitting the pedestal to be setback to zero (0'-
0") feet on the north side (12' -0") feet is required.
(Deferred from 10/1 7/06)
Protests -1- 0 Waivers 0 Ex Parte ~
Action: [City Clerk's Note: A revised Development Review Report, and a letter from Joseph
Milton withdrawing his protest, was handed out prior to the meeting.] Mayor EdeIcup gave
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City of Sunny Isles Beach, Florida
opening remarks on zoning procedures/decorum and City Clerk Hines read a disclaimer for
the Zoning hearing, and administered the oath to the witnesses for the Zoning hearing. City
Clerk Hines asked if there were any Ex Parte disclosures, and there were none. Assistant
City Manager Jorge Vera reported noting that this item was deferred from October 17,2006
because the applicant needed to discuss some issues with adjoining property owners. He said
this property is adjacent to Samson Park and has a relatively narrow lot width of just over
100-feet. He noted that the applicant reduced the number of units from 107 to 103, and
consequently the amount of parking spaces went from 163 to 156 due to the reduction in the
number of units. He said the major change to the building is the parking pedestal that was
revised and a planter has been created along that side. He said staff does not see this variance
setback as detrimental to adjoining properties. He said the applicant is also requesting a
waiver of the beach access easement, and staff is in the opinion that the beach access should
be waived due to the safety and welfare of the public.
Public Speakers: Clifford Schulman, Esq.; Kobi Karp, Architect; Henry Kay; Gloria Taft;
Leib Kamishev
Clifford Schulman, Esq., representing the applicant, reported that one of things they had asked
for last month was a north setback variance that would have put a wall above 6- feet another 7-
8 feet adjoining their north property line. He stated that the property owner to the north, Mr.
Jose Milton, expressed some concerns regarding that, and they revised the plan so that today's
variance is a minor variance as opposed to what they had before. He said they pulled the
building back 18-feet from what had been previously proposed on the north side, and so the
variance they are requesting is the minimum necessary to build this building. He said it is a
32-story building with 103 units, a 4-unit reduction, and the objection that was filed by their
neighboring property owner, Mr. Milton, was formally withdrawn.
Kobi Karp, Architect, presented renderings of the project, noting that the lobby would open up
to the adjacent Samson Park. He said they created a vertical glass image in the front with a
crystalline look which at night has up-lighting and back-lighting, with landscaping.
Mr. Schulman said in TDRs, the applicant has agreed to pay the City $6.8 Million, in addition
the bonuses are $1.3 Million, and he offered an additional mitigation payment of $750,000
that would go to the City for its public purposes, hopefully to enhance the Park. He said this
would bring to the City approximately $8.9 Million in additional revenue from this project.
Vice Mayor Brezin said that there is quite a distance to the next beach access and asked ifthey
could create some type of an emergency exit so if there is an emergency on the beach they
have a way out. Mr. Schulman said if anyone needed help they could come through the
building. Mr. Karp noted on the plans that there is a fire staging area which is half way
through the site where the lobby is, emergency vehicles can come there. He said there is also
an elevator on the beach side so they can bring a gurney up and into an emergency EMS
vehicle. Mr. Schulman said a fire truck can get up to that area on the north side.
Commissioner Thaler said parking spaces have been reduced because of the reduction in the
amount of units, however, the handicapped parking, he assumes has not been reduced. Mr.
Schulman said that is correct, they meet the required six (6) spaces, and that there is 24 hour
valet parking; residents of the building cannot park their cars without valet.
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Summary Minutes: Regular City Commission Meeting November 16,2006
City of Sunny Isles Beach, Florida
Commissioner Goodman noted coming in and out of the property, there is only one entrance
and exit, and there is no traffic light. He said getting out of the property you can only make a
right turn and go north, you can only get into the property coming from the south, and coming
from the north they would have to make a u-turn at 1 nnd Street. Mr. Schulman said they are
aware of it and it has been cleared by DOT as well as the City Traffic Engineer.
Commissioner Iglesias said that a beach access adjoining the Park would make it bigger. He
said in 2000 when they did the MUR which kick-started the development here, we realized
that there were going to be some 1 OO-foot lots, and at that time there were five (5), and it was
the intent of that Commission to try to see ifthere was a way that some ofthose 1 OO-foot lots
would merge. He said some made it and some did not, but the hardship was there at the
beginning when the owner bought this property.
Mayor Edelcup said typically beach accesses are required with each property, and our plans
provided for whenever there is a building adjacent to a public access, as we have here in
Samson Park, the requirement is no longer a mandate as well as the fact that the Planning and
Zoning Administrator can look at it from a safety feature as to whether or not this beach
access would present a problem. He said in his opinion everyone will use the beach access in
Samson Park, we would wind up with a beach access, if we were to ask for one on this
property, that we would have to maintain as part of all the City beach accesses, and we would
find that no one will be using it because everyone would typically walk through the Park. He
said as it relates to the other issue that Vice Mayor Brezin brought up, he believes that the
developer has addressed that and that there would be access on the north side certainly we
can't put a beach access on that side because again it runs adjacent to the other property, and
there just isn't room for it. He said eventually there will be another beach access when the
property to the north of it is developed.
City Attorney Ottinot noted for the record that the Applicant agreed to an additional
mitigation payment of $750,000.00.
Commissioner Iglesias said he would vote yes only because it is adjacent to a Park, and
because if we had a mechanism we could take the extra five or ten feet and add it to the Park
where there would only be one maintenance. He said that the Mayor is right, no one is going
to use the access unless we mitigate it towards the Park, but for the record, he hates to gives
up any beach access.
Vice Mayor Brezin moved and Commissioner Thaler seconded a motion for approval as
amended, subject to staff conditions. Resolution No. 06-Z-105 was approved by a roll
call vote of 5-0 in favor.
Vote: Commissioner Goodman yes
Commissioner Iglesias yes
Commissioner Thaler yes
Vice Mayor Brezin yes
Mayor Edelcup yes
[City Clerk's Note: The City Commission heard Item lOA after 6A.]
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City of Sunny Isles Beach, Florida
7. ORDINANCES FOR FIRST READING
7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Chapter 14 of the Sunny Isles Beach Code Entitled "Code Enforcement"; Providing
Revised Definitions; Providing for Increased Penalties; Providing for a Minimum
Administrative Cost; Authorizing the Code Enforcement and Licensing Director to Grant
Late Hearing Requests Based on Extenuating Circumstances; Providing for Repeal of
Conflicting Provisions; Providing for Severability, Inclusion in the Code, and an Effective
Date.
Action: City Clerk Hines read the title and Community Development Director Robert Solera
reported.
Public Speakers: none
Commissioner Goodman asked who would be responsible if a condo has a problem with a
leak, and Mr. Solera said we would have to determine where the leak is coming from, if it
occurs in a common area it is the responsibility of the Condo Association, and anything
pertaining to the unit itself, it is the unit owner's responsibility.
Commissioner Thaler asked if the Special Master administrative cost is going from $60 to
$75, and Mr. Solera said that is correct, however there is a leeway that we need to provide per
State Statute 162 for the Special Master to reduce the set fee or increase it at their discretion.
Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the
proposed ordinance on first reading. The motion was approved by a roll call vote of5-0
in favor. Second reading, public hearing will be held on Thursday, December 14, 2006,
at 7:30 p.m.
V ote: Commissioner Goodman ~
Commissioner Iglesias yes
Commissioner Thaler yes
Vice Mayor Brezin yes
Mayor EdeIcup yes
7B. Public Hearin2: Sitting in as the Local Planning Agency and the City Commission, to
Consider an Ordinance Amending the Land Development Regulations (LDRs)
7B.1 A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida,
Approving and Recommending an Ordinance Entitled "First Small Scale Amendment to the
Future Land Use Map of the City of Sunny Isles Beach Comprehensive Plan"; Providing for
an Effective Date.
Action: City Clerk Hines read the title, and City Attorney Ottinot noted for the record that
the Commission is sitting as the Local Planning Agency.
Public Speakers: none
Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the
resolution. LP A Resolution No. 2006-38 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes: Regular City Commission Meeting November 16,2006
City of Sunny Isles Beach, Florida
7B.2. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Entitled
"First Small Scale Amendment to the Future Land Use Map of the City of Sunny Isles
Beach Comprehensive Plan"; Providing for Transmittal to the Florida Department of
Community Affairs; Providing for Severability; Providing for Repealer; Providing for an
Effective Date.
Action: City Clerk Hines read the title and Assistant City Manager Jorge Vera reported noting
that at this time there is a need to amend the Future Land Use Plan to designate new properties
acquired by the City for recreation open space purposes under the FLUM. He said Parcel No.
1 is the property located at 19200 Collins Avenue, consisting of3.8 acres; Parcel No.2 is a
parcel identified as the Town Center Park, 172nd and Collins A venue, that property consists of
approximately 3.17 acres; Parcel No.3 is inside the Golden Shores community which is next
to the existing Pocket Park, to the western side of the Park, and consists of approximately .017
acres; and Parcel No.4 is the parcel running from the Town Center Park parallel to 172nd
Street just behind the Salem House, it is 1 OO-feet north of 172nd Street, which consists of2.41
acres. He said that these parcels consist of close to ten (10) acres that we are adding as Parks
to the City.
Public Speakers: none
Mayor Edelcup said we are basically updating our Comprehensive Plan which from time to
time we have to amend the Plan that we filed with the State to be able to show the State that
we have added additional Parks, and that is what this is which is more of an administrative
procedure that we have to go through.
Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the
proposed ordinance on first reading. The motion was approved by a roll call vote of5-0
in favor. Second reading, public hearing will be held on Thursday, December 14, 2006,
at 7:30 p.m.
Vote: Commissioner Goodman yes
Commissioner Iglesias m
Commissioner Thaler m
Vice Mayor Brezin yes
Mayor EdelcuP m
7C. An Ordinance of the City Commission ofthe City of Sunny Isles Beach, Florida, Amending
Chapter 156 of the Sunny Isles Beach Code Entitled "Fees, Miscellaneous"; Adopting a
Revised Fee Schedule for the Building Department, Attached as Exhibit "A"; Providing
the City Manager with the Authority to Review Annually All Building Department Fees;
Providing for Repealer; Providing for Severability; Providing for Codification; Providing for
an Effective Date.
Action: City Clerk Hines read the title and Building Official! Administrator Clayton L. Parker
reported.
Public Speakers: none
Commissioner Thaler asked that the fees be rounded off to the nearest dollar for second
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reading, and Mayor Edelcup said with the exception of those that are under One Dollar.
Commissioner Thaler moved and Commissioner Goodman seconded a motion to approve
the proposed ordinance on first reading, as amended. The motion was approved by a
roll call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday,
December 14, 2006, at 7:30 p.m.
Vote: Commissioner Goodman m
Commissioner Iglesias yes
Commissioner Thaler yes
Vice Mayor Brezin m
Mayor Edelcup m
7D. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Section 250-13 of the Code of the City of Sunny Isles Beach to Require Connection to
Underground Electric Facilities When Available and to Require Disconnection from
Overhead Telephone and Cable Television Facilities When Underground Facilities are
Available; and Amending Section 250-14 of the Code of the City of Sunny Isles Beach
Relating to Notice to Property Owners Regarding Connection Requirements; 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 Commissioner Iglesias reported noting that this is
for aesthetic purposes but most importantly for safety purposes. He said that this Commission
has taken a proactive step in protecting the public safety by agreeing to pay the cost of
undergrounding electrical facilities throughout the residential neighborhoods, and the cost will
exceed over $1 Million. He said the purpose ofthis Ordinance is to require residents to hook
up to the underground facilities when they are available, and the residents will receive notice
from the City when they are available. He said the resident will be responsible for their own
personal hookup.
Public Speakers: Henry Kay
Mayor Edelcup said this is a very important provision because in the instance where the City
would put in an underground system, and someone does not hookup timely, we would still be
left with the poles.
Commissioner Iglesias and Commissioner Thaler moved and Vice Mayor Brezin seconded a
motion to approve the proposed ordinance on first reading. The motion was approved
by a roll call vote of 5-0 in favor. Second reading, public hearing will be held on
Thursday, December 14,2006, at 7:30 p.m.
V ote: Commissioner Goodman yes
Commissioner Iglesias yes
Commissioner Thaler yes
Vice Mayor Brezin ~
Mayor Edelcup m
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Summary Minutes: Regular City Commission Meeting November 16,2006
City of Sunny Isles Beach, Florida
7E. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Article IX of the Zoning Code Entitled "Sign Regulations"; Establishing Regulations for
Residential Wall Signs; Establishing Regulations for Window Signs at Multi-Tenant
Development Projects; Establishing Regulations for Permanent Window Signs; Establishing
Regulations for Temporary Signs; Establishing Regulations for Construction Fencing Murals
and Graphics; Providing for Penalties; Providing for Repealer; Providing for Severability;
Providing for Inclusion in the Code; Providing for an Effective Date.
Action: City Clerk Hines read the title and Assistant City Manager Jorge Vera said they are in
the process of making some adjustments to the Sign Code especially for the window signs and
after discussion with the City Attorney's Office, they need to defer this Ordinance to address a
couple of legal issues.
Mayor Edelcup said that he agrees to defer this but he knows there are people in the audience
who had come prepared to speak on the Sign Ordinance and he would like to give them an
opportunity to speak and also suggested that that all interested parties meet with staff.
Public Speakers: Isaac Feldman; Anatoly Chipilov; Von Sargsyan
Mayor Edelcup said he asked the City Attorney to supply him with comparable ordinances
that have been passed by the cities of Westin and Coral Springs to use as a guide, and he read
into the record a segment from the Coral Springs Ordinance: "Permanent window signs:
Maximum allowable letter height in all window signs is six (6) inches. The first letter of each
word in the name of the business may be increased up to fifty (50) percent ifit is flourished in
a professional manner. All other logos, logotypes, banding, ascending, descending or swash
letters, pictures, symbols, graphics or combination thereof, excluding perimeter borders and
stripes, may not exceed nine (9) inches in height. Perimeter borders, stripes and banding are
allowed but will count towards the calculation of window sign area. Window sign area may
not exceed fifteen (15) percent of the total window area for each business frontage or nineteen
and one-half (19.5) square feet, whichever is less. Window signs may not be illuminated in
any manner, excluding bare bulb illumination bordering a window. Any sign located greater
than fifteen (15) feet from the window face is exempt from this chapter. Window signs may
not state any price or dollar amount. Window signs must be applied in a professional manner.
Non-illuminated signs greater than three (3) feet from the face of any window surface are
exempt from this chapter." He said we want to have a neat tailored look.
City Manager Szerlag asked that this Ordinance be deferred to January 18,2007 to give staff
time to have a couple of meetings for discussion of this ordinance with the public, and City
Attorney Ottinot concurred.
Commissioner Iglesias moved and Vice Mayor Brezin seconded a motion to defer this item
to January 18,2007, and the motion was approved by a voice vote of 5-0 in favor.
7F. Public Hearing
An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Section 265-34 ofthe Land Development Regulations Relating to "Medium-High Density
Multifamily Residential Zoning District (RMF -2)", Establishing Setback Requirements;
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Summary Minutes: Regular City Commission Meeting November 16,2006
City of Sunny Isles Beach, Florida
Providing for Purpose and Intent; Establishing Building Separation Requirements; Providing
for Landscape and Utility Easement; Providing for Severability; Providing for Repealer;
Providing for an Effective Date.
Action: City Clerk Hines read the title and Mayor Edelcup said we are going to be discussing
7F, 7G, and 7H one at a time but they are all essentially going to be the same thing, they just
refer to different zoning areas within the City. Assistant City Manager Jorge Vera reported
noting that we have had a workshop on the issue of vertical setbacks on Collins Avenue and
the changes occur to properties abutting Collins A venue and within the Town Center.
Public Speakers: Kobi Karp; Sagi Shaked, Esq.
Mayor Edelcup said what we are doing is on the west side of Collins A venue adopting an
Ordinance change that would be very similar to what we did in Town Center. He said that is
to have the vertical setback requirements and an additional 1 0- foot landscape easement along
the sidewalk so that we can create a more pedestrian friendly walkway. He said we are
covering this under three (3) different sections of the City but essentially it covers all the
commercial or retail operations outside of the Town Center that had been previously covered.
Assistant City Manager Vera said although we are making some modifications as to setting
back, etc., all the zoning districts will still be able to, if they are able to achieve the bonuses,
etc., no rights have been taken away, you still have your density and intensities, as before, just
the step back effect along Collins A venue. Mayor Ede1cup said we are just requiring a change
ill; the shapes of the buildings but not in the cubic volume of that building, so whatever cubic
feet can be built there, will still be able to be built there, it is just in the front setback.
Assistant City Manager Vera said yes if the design allows it or the height, etc. Commissioner
Thaler asked if we are raising the height limitations, and Assistant City Manager Vera said no,
everything remains the same, it is just the issue of the setbacks.
City Attorney Ottinot stated for the record, a I O-foot easement will require that easement in a
similar fashion that requires the easement on the east side through a site plan review process.
He said whereas, any development on the east side has to give us a beach access easement
also has to give us a 10-foot landscape easement as part of the site plan process. Mayor
Edelcup said okay.
Kobi Karp said as a side note that the same thing as they did on the east side, sometimes when
you put pencil to paper, that there might be some opportunities to look at some design details.
He said that you may want to put some terminology in there to help staff as we go through the
projects, based on a project by project, or design, that they have the opportunity to work with
the project to meet the intent of the Code. He said just like we did Bay Side or the Town
Center that we give ourselves the opportunity to work on a project by project or when we meet
the design intent that we might want to actually put pencil to paper and might need to make
some modifications to certain details and to give staffthe ability to look at minor little details
to meet the intent of the Code as we have had to look in the past not to create hardships or
variances but to obviously have the design and quality that meets the intent. Mayor Edelcup
said that he can meet with staff on suggested modifications, but he can't give them the
authority to do that because that rests with the Commission and they would treat it as a
variance request.
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Summary Minutes: Regular City Commission Meeting November 16,2006
City of Sunny Isles Beach, Florida
Sagi Shaked, Esq. said one of the issues they have with the setback requirements for the small
property owner such as Sunny Isles Texaco, when you put a 50-foot setback you are limiting
the use of the property. He said right now it is a gas station but they are looking to beautify
that property and do something else with it, but with a 50-foot setback you can't build because
you need a certain amount of stories for parking before you can start building. He said it
would limit the property owner and additionally it would limit the City in collecting any future
taxes from the development of this property. Assistant City Manager Vera asked how big the
property is and Mr. Shaked said 125 feet deep, 22,000 square feet.
Mayor Edelcup said we have problems on the west side just like we had problems on the east
side when we had 100-foot parcels. He said we will have to take the same approach to the
west side and handle hopefully the vast majority by the ordinance, and if we have to handle
individual parcels differently as we have had to handle the 1 OO-foot parcels on the east side,
he thinks that this is the only solution to a problem like this because we are trying to create an
overall look for the west side of the City.
Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the
proposed ordinance on first reading. The motion was approved by a roll call vote of 5-0
in favor. Second reading, public hearing will be held on Thursday, December 14,2006,
at 7:30 p.m.
V ote: Commissioner Goodman m
Commissioner Iglesias yes
Commissioner Thaler yes
Vice Mayor Brezin yes
Mayor Ede1cup yes
7G. Public Hearing
An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Sections 265-36 and 265-38 of the Land Development Regulations Relating to
"Neighborhood Business District (B-1) and Cultural and Educational Zoning Overlay
District (CED)"; Establishing Setback Requirements; Providing for Purpose and Intent;
Establishing Building Separation Requirements; Providing for Landscape and Utility
Easement; 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 Assistant City Manager Jorge Vera reported.
Public Speakers: none
Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the
proposed ordinance on first reading. The motion was approved by a roll call vote of 5-0
in favor. Second reading, public hearing will be held on Thursday, December 14,2006,
at 7:30 p.m.
Vote: Commissioner Goodman yes
Commissioner Iglesias yes
Commissioner Thaler yes
Vice Mayor Brezin yes
Mayor Ede1cup yes
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7H. Public Hearing
An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Section 265-37 of the Land Development Regulations Relating to "Town Center Zoning
District"; Establishing Building Separation Requirements for Property Abutting Collins
A venue; Providing for Purpose and Intent; Providing for Landscape and Utility Easement;
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 Assistant City Manager Jorge Vera reported noting
that this is for the Town Center. He said that we have the vertical buildings setbacks here,
what we are going to try to do is provide the 1 O-foot easement along the front and also have a
little more separation between buildings especially the towers as that whole area there gets
developed. He said we don't want to overcrowd one building on top of each other which we
saw could very easily happen.
Public Speakers: Henry Kay
Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the
proposed ordinance on first reading. The motion was approved by a roll call vote of 5-0
in favor. Second reading, public hearing will be held on Thursday, December 14,2006,
at 7:30 p.m.
V ote: Commissioner Goodman yes
Commissioner Iglesias m
Commissioner Thaler m
Vice Mayor Brezin m
Mayor Edelcup m
71. Add-On:
An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Creating a
New Chapter Entitled "Fire Prevention and Protection Regulations"; Providing for
Purpose and Intent; Providing for Definitions; Providing for Applicability; Adopting Local
Amendments to the Florida Fire Prevention Code and the South Florida Fire Prevention
Code; Providing for Penalties; Providing for Appeal; Directing Transmittal to the Florida
Building Commission, State Fire Marshal, and Miami-Dade County Fire Marshal; Providing
for Severability; Providing for a Repealer; Providing for Inclusion in the Code; Providing for
an Effective Date.
Action: [City Clerk's Note: See 4A action adding this item to the agenda.] City Clerk Hines
read the title and Assistant City Manager Vera reported.
Public Speakers: none
Mayor Edelcup said this ordinance will give us the ability wherever there is a property
abutting a major roadway that doesn't have at least two different accesses or egresses, we can
open that roadway or require that for safety/fire protection reasons that that be a requirement
to ensure that we have the adequate protection for our people here in the City.
Commissioner Goodman asked about the existing Code for the buildings that we have now,
and Mayor Edelcup said it does affect any currently existing building that doesn't have access.
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Summary Minutes: Regular City Commission Meeting November 16,2006
City of Sunny Isles Beach, Florida
City Attorney Ottinot said most existing buildings have a fire access and what this ordinance
provides is if the City Manager or designee determines that a fire access road is obstructed or
is a fire hazard, we have the authority to come in and to require additional access be
unobstructed. He said this ordinance gives the City more authority and gives us an
opportunity to rectify public safety issues. Commissioner Goodman said that is on private
property too, and City Attorney Ottinot said yes.
Commissioner Goodman moved and Vice Mayor Brezin seconded a motion to approve the
proposed ordinance on first reading. The motion was approved by a roll call vote of 5-0
in favor. Second reading, public hearing will be held on Thursday, December 14,2006,
at 7:30 p.m.
V ote: Commissioner Goodman yes
Commissioner Iglesias yes
Commissioner Thaler yes
Vice Mayor Brezin m
Mayor Ede1cup yes
[City Clerk's Note: The Commission took afive-minute recess after this item before moving
on to ltem 8A.]
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
8A. Public Hearing
Request of RK & Associates to Appeal the City Manager's Decision Agreeing with the
Building Official's Decision to Revoke Permit No. B0604339 Issued to KMR Construction
Company for the Construction of a Wall in the Setback Area in Front of the Porterhouse
Restaurant Located at 17004 Collins Avenue.
Action: City Clerk Hines read the title and City Attorney Szerlag said that the City issued the
permit in error and therefore in the event a variance is denied, the City would reimburse the
tenant for the wall costs.
Community Development Director Robert Solera reported that Porterhouse Restaurant
installed a decorative wall surrounding the front ofthe property in the front yard setback. He
handed out a copy of the sections that apply, specifically accessory use is under 265.45E,
fences and walls, No.4, indicates that the parcel which is a non-residential parcel, cannot
have a wall in the front yard setback. He said the wall was installed without a permit, the
property owner was given a warning and subsequently the permit was obtained. He said they
went through the Zoning Department, and there was a mishap in the actual application in
terms of the permit itself, it was issued and it should not have been issued due to the fact that
there is a requirement not to have any walls on the front yard. Mayor Ede1cup said one of the
pieces of information was the letter of September 5, 2006 by our City Manager turning down
the request for appeal.
Public Speakers: Arnold Shevlin
Commissioner Goodman asked what percentage of the area is permitted for the restaurant,
and Mr. Solera said as part of the ordinance that we have for outdoor dining, they are allowed
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to have 30% ofthe interior restaurant to have outside within certain guidelines, among them
they have to provide a 40-inch wide area for handicap accessibility. Commissioner
Goodman asked how much they are allowed to use as the restaurant, and Mr. Solera said the
amount that they are using at this point is within their standard which is 30% of the total
amount inside. Mayor Edelcup said the entire open area is available, the question is whether
a wall or fence is permitted, and under our Zoning Ordinance, no wall or fence is permitted
in that front setback, that is the issue we are looking at.
Mayor Edelcup said that the ordinance states that no wall or fence shall be in the front
setback. He said we now have to determine whether or not that ordinance is sufficient to
stand and go forward or needs to be changed in any manner. Vice Mayor Brezin asked if
there is some provision in that ordinance where they would be permitted to have any kind of
flower box enclosure that would be where they have their shrubbery, hedges, or their flower
beds. Mr. Solera said under the Code we do not have that with the exception of the
landscape Code which allows them to have a landscape buffer in the front. He said there is a
height limitation on the hedges because when there is an access road you have to have a
certain amount of space available to be able to see oncoming traffic.
Commissioner Thaler noted that the pictures handed out were taken today, and he was out of
town for a few days, and this is not what he remembers when he left. He said there must
have been some modifications that were done during that period. Mr. Solera said yes there
were some modifications done, some palm trees were installed on the other side of the
alleyway as well as some trees on the other side, and there was no permit obtained and they
are in the process of issuing a warning for that as a site plan is required for landscape issues.
Mayor Edelcup said that we also have the situation in other parts of the City where you
issued warnings for similar encroachment of front setbacks, and Mr. Solera said that is
correct. He said they have done the same following the policy of Code Enforcement for
everyone, the City enforced on Sunny Isles Boulevard three locations that had an issue,
Madame's Restaurant, Cafe Gold Restaurant, as well as the Russian Restaurant which also
has had walls, and as an update, Madame's Restaurant had eliminated any fence, they only
have shrubs, Cafe Gold has eliminated all the walls, and the Russian Restaurant has
requested an extension to come before the Commission.
Commissioner Iglesias said we have two issues tonight, first we have the wall issue which is
a clear violation to our Code, and the second issue is do we like it or dislike it, and if we do
like it then we have to modify our Code. He said he can come back for a variance, which he
hasn't done so because it was built without a request for a variance, or we can modify the
Code. Mayor Edelcup said it would be difficult to modify the Code because you almost have
to look at each one of these on a case-by-case basis, to try to simplify all the issues, we have
moved down to one avenue and that is where we are at, we have a violation which somebody
could ask for a variance and it mayor may not be granted. Commissioner Thaler said we
also have the tree situation. Mayor Edelcup said that Code Enforcement has issued a
violation on that, and he would hope that they would proceed on that as well to the same
conclusions that we are now facing here today. Mayor Edelcup said we need to take this on a
two-step basis, one to vote it up or down, whether or not we accept or deny this appeal, and
whether or not there is an instruction to go for a variance.
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Commissioner Thaler asked if the wall came down could the foliage around the wall stay,
and Mr. Solera said that is correct based on the landscape, but they would have to come in for
an application as to landscape and to be accepted by the City. Commissioner Goodman said
if we vote it down, the City is prepared to reimburse them, and City Manager said that is his
suggestion because the City made a mistake in issuing the permit.
Arnold Shevlin representing R.K. Associates presented a board with photographs of the
Porterhouse Restaurant and other walls in the City, and briefly went through its history. He
said Porterhouse Restaurant had been a tenant of theirs for over ten years, first at 183 rd and
Collins A venue, and then they opened years ago in this location, taking over an existing
restaurant that they upgraded. He said the problem they had in this location is that they are at
the end of an alleyway and parking is very difficult. He said the principal and owner of the
restaurant, Dave Bubock and his associates are here and they have struggled trying to make a
good business here. He said two and a half years ago they came to the City with Mr.
Dubock, noting many years ago this restaurant got approval when Dade County ruled the
City for an outdoor bar, and he said he wanted to build an outdoor bar and make a nice
outdoor entertainment place, and he spent money on an architect and submitted plans to the
City, and to Dade County Fire Department and DERM, and they sat in DERM for a while as
there were some fire issues that went back and forth.
Mr. Shevlin said each week their staff met with City staff to discuss any outstanding issues
on their commercial properties, so they have an agenda of outstanding building permits that
are pending, and this has been on the outstanding building permit issues for almost three
years now to talk about the bar which would be built outside in the setback and a wall
surrounding the bar for safety and aesthetics built in the setback. He said at each meeting the
building officials, the zoning officials, the code enforcement officials never once mentioned
that the tenant and the owner ofthe property shouldn't contemplate building an outdoor bar
and an outdoor wall because it was in a setback. So it was a little bit of an issue that it
wasn't raised, so this tenant kept coming back week after week revising his plans to try and
get a permit not knowing that the City Code stated that you couldn't build a wall or a bar in
the setback. He said the plans he has with him were approved by Dade County Fire and
Dade County DERM and they went to the Building Department for a bar and a wall, and
after many years of trying to get it approved the tenant became more and more frustrated and
losing more and more business because the economy was very tough and with the
understanding that the wall would be approved very shortly started construction on the wall
without the permit thinking that the permit would be issued any day, and Code Enforcement
cited them saying that the wall was not built properly and so they went to the Building
Department and said forget about the bar just give them a permit for the wall.
Mr. Shevlin said the wall was built and then there was an issue in the City that the wall was
built in the setback, so it is a Code violation, and legally the wall should be removed but they
are not arguing the legal issue. He said they are arguing two issues here tonight: 1) What is
the intent of the Code; and 2) what overall look do we want for this City. He briefly went
through pictures of other walls in the City including Starbucks, Tony Romas, Crystal Cafe,
and La Terrazzo. He said he would like the City to consider, even though it is not within the
Code, to see how something can be done to accommodate what has been built there. He said
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the Porterhouse also built an awning and outdoor dining to make it a more South Beach
environment to induce the residents to want to come to our restaurants and make it a more
upscale South Beach environment. He said that Porterhouse wants to build an upscale
restaurant, and for the last five years he has had outdoor dining without a wall and meeting
Code with some landscaping, but there is a bus shelter about 25-feet from his main entrance.
He said one of the problems he had was everybody that gets on the bus that didn't have
enough money or was homeless would come and panhandle off from people, and people use
that sidewalk as a thoroughfare to get from one center to the other.
Mr. Shevlin said there is a couple of issues, and one is life safety because there is a major
delivery alleyway in between the two shopping centers, trucks come and go all day long, and
people walk off the sidewalk where there is a step and they have had many slip and fall
lawsuits. He said one issue is that it is private property and there is an issue that he is
allowed to have outdoor dining, so without the wall we can block this off with plants and
people can try to climb over it and it wouldn't be as attractive looking and as safe, and they
still couldn't have access. He said his argument is the Commission has the ability to make a
decision, was the wall built improperly, yes, is it too high does it not meet the Code, it
doesn't meet the Code but it is not too high, with landscaping in place it is a lot more
attractive. He said the columns have been removed, the wall has been reduced below the
landscaping, so it is really a new wall, less then three feet high, and you don't even see it. He
said the purpose for it being there is for life safety in case a car careens off the sidewalk and
comes in there it is a deterrent from somebody getting hurt, and it is a deterrent from people
walking through and that is why the trees were put on the south side of the driveway to avoid
further liability. He said he spoke to staff today and they informed him that they need
permits to put additional landscaping on their other property which they will pull if it is
required. He asked if we can do it this evening through modification of the Code, the tenant
is here and he is willing to surrender any application he had to put in an outdoor bar because
he really doesn't need one to make this more upscale but originally under the historical Dade
County Code, which was approved in 1994, he had a right to put in an outdoor bar.
Mr. Shevlin said all his tenant is saying is the Code doesn't allow just a small wall, it gives it
a little more upscale elegance, and if there is a way we can do it come back to the
Commission for a variance and possibly waive the fees to offset the cost he spent so he
doesn't have to spend $10,000 for a variance application, get him on the December agenda
and he would appreciate it. He said his tenant only put pavers on top of existing sidewalk
and he is happy to cut this back a few feet and lower the steps so it makes Code requirements
and make it more appealing and put in brick pavers, and tonight you have talked about
getting an easement from the developers to have more landscaping further back, they can add
a few more trees to make it look a little more upscale, the tenant and owner are willing to
accommodate the City.
Vice Mayor Brezin said if you remove that wall which is illegal, and you want beautification,
you can put in a heavy shrubbery type of fencing which people cannot get through. Mr.
Shevlin said the reason the wall was applied for two and a half years ago was that there was a
thick ficus hedge there before the wall went up and people were coming through it all the
time. Vice Mayor Brezin said there is landscaping that could be done where it is thick with
the woody part. Mayor Ede1cup said if someone wanted to walk through a thick hedge they
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wouldn't have much more difficulty climbing over a short wall, and if a car was careening
into that area that wall would give just as quickly as a hedge will give, so both those
arguments do not solve the issue.
Commissioner Goodman said the entrance to Starbucks, Tony Romas, and La Terrazzo is off
from private property not from Collins A venue, however the Porterhouse entrance is on
Collins Avenue. Mr. Shevlin said they do not have bus stops in front of their restaurants and
they have tried for years to move the bus stop. Commissioner Goodman said his theory was
that there should never have been any restaurants or any stores that had a direct entrance from
a shopping center from Collins A venue, it should have been inside the shopping center. He
said he always thought that the setback of all the buildings should be 50-feet back on Collins
A venue.
Mayor Ede1cup suggested that someone make a motion, and City Attorney Ottinot said this
would be a motion affirming staff decision. Commissioner Iglesias said the bottom line is
that it is a clear violation but if they would have applied for a variance and he is only
speaking for himself that the way they have scaled the back and landscaped it, he doesn't
have a problem with it. He suggested that they apply for a variance.
Mr. Shevlin asked for a motion to apply for a variance by waiving the fees until the issue is
resolved because the City Manager has recommended in the event the variance is denied the
City reimburse the tenant for fees and costs incurred in this, and he believes the fees and
costs are far in excess of the cost ofthe wall. He said we would be amiable to allow for him
to apply for a variance immediately and get on the next available agenda.
Mayor Edelcup said to take it in two steps, first to affirm the request of the appeal, and that
they can come back and request a variance and take their chances on how this Commission
will react to that request. City Attorney Ottinot said like any other applicant, he can apply for
a variance without the consent of the Commission.
City Manager Szerlag said he needs to get permission from the Commission to reimburse the
petitioner for the wall issue, and Mayor Ede1cup said that is deferred and it would become
part of the variance request. City Manager Szerlag said that it would have to be attached to
the report for the request for a variance and after it is adjudicated he has a recommendation
along with the Attorney's office on how to handle the reimbursement. Assistant City
Manager Vera said that this property has been cited, how does staff deal with the citation that
was given. Mayor Edelcup said to put it on hold as long as the variance request comes in
within 30 days. Mayor Edelcup said ifhe doesn't come in with a variance request, they have
already turned it down so then it will be an enforcement issue.
Commissioner Iglesias moved and Vice Mayor Brezin seconded a motion affirming staffs
decision, with the caveat that they apply for a variance within 30 days. City Attorney
Ottinot said that Mr. Shevlin had requested that the zoning hearing application fee be
waived and asked ifthat is part ofthe motion and the Commission said yes. Resolution
No. 2006-1004 was adopted by a voice vote of 5-0 in favor.
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9. ORDINANCES FOR SECOND READING (Public Hearings)
9A. An Ordinance ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Amending
the Sunny Isles Beach Code by Repealing Section 256-14 in its Entirety and Creating a New
Section Entitled "Parking Meter Rates" to Establish New Meter Rates for the Metered
Parking Lots within the City; Providing for Severability; Providing for Repealer; Providing
for Inclusion in the Code; Providing for an Effective Date.
(First Reading 10/19/06)
Action: City Clerk Hines read the title and Assistant City Manager Vera reported that the
meters have come in and Public Works has already begun installing them, and the meters
will be in operation on Monday, November 27,2006. He said they are sending a letter to the
company that is currently overlooking the parking areas to cancel as of November 27,2006
the contract with them. Public Works Director James Watts is looking into the option of
selling the existing meters we have to Golden Beach. City Manager Szerlag said that
Administrative Services Director Alyce Hanson will be sending out a Press Release as well
advising the public of this change.
Public Speakers: none
Commissioner Iglesias moved and Commissioner Thaler seconded a motion to adopt the
ordinance. Ordinance No. 2006-266 was adopted by a roll call vote of 5-0 in favor.
V ote: Commissioner Goodman yes
Commissioner Iglesias yes
Commissioner Thaler yes
Vice Mayor Brezin m
Mayor Ede1cup m
10. RESOLUTIONS
lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Providing
for the Acceptance ofthe Appraised Land Value of$22,700,000.00 for the Property Located
at 17475 Collins Avenue A/KIA Sunny Isles Resort Developers, LLLP.; Providing for the
Acceptance and Payment by the Applicant in the Amount of$6,810,168.00 for the Transfer
of Development Rights ("TDRs") in the Amount of 51,749 Square Feet of Floor Area and 25
Dwelling Units; Providing for Ten Percent (10%) Deposit for TDRs; Providing for
Adjustment of the Balance of TDRs from the City's Bank to Reflect a Decrease of 51 ,749
Square Feet of Floor Area and 28 Dwelling Units; Providing the City Manager with the
Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
(Deferred from 10/17/06)
Action: [City Clerk's Note: This item was taken out of order and heard after 6A.] City
Clerk Hines read the title and Assistant City Manager Jorge Vera reported noting that the
cost per square foot is $131.00.
Public Speakers: none
Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the
resolution. Resolution No. 2006-1005 was adopted by a voice vote of 5-0 in favor.
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lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with Miami-Dade County, GSA, Fleet Management Division, for VehicJe
Maintenance and Fueling Services, Attached Hereto as Exhibit "A"; Authorizing the
Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things
Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date.
Action: City Clerk Hines read the title and Public Works Director James Watts reported.
Public Speakers: none
Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the
resolution. Resolution No. 2006-1006 was adopted by a voice vote of 5-0 in favor.
10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with Graph-Plex Signage, for Signage to Identify Community Entries and
City Parks, in an Amount Not to Exceed $227,365.00, Attached Hereto as Exhibit "A";
Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All
Things Necessary to Effectuate the Terms of the Agreement; Providing for an Effective Date.
Action: City Clerk Hines read the title and Assistant City Manager Vera reported noting that
delivery and installation of the signs is approximately six (6) weeks from the City providing
the contractor with the Notice of Commencement.
Public Speakers: none
Mayor Ede1cup asked when will the lighting take place, and Assistant City Manager Vera
said that the lighting is the biggest issue, they have to put in meters and find the light in
certain places. Assistant City Manager Vera said that he and the City Manager have been
talking to Kathy O'Leary regarding some landscaping along the bottom of the signs, so once
we have the locations approved, Ms. O'Leary will do some designs for landscaping.
Mayor Edelcup said at some point we will change the names of the Pocket Park and the
Active Park, and suggested since we are holding a Workshop on December 5, 2006 about the
Parks, maybe we can address the naming of those two Parks. City Manager Szerlag said that
he would add it to the Workshop.
Vice Mayor Brezin moved and Commissioner Iglesias seconded a motion to approve the
resolution. Resolution No. 2006-1007 was adopted by a voice vote of 5-0 in favor.
10D. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing
the City Manager to Apply For, Receive and Expend Grant Funds from the Miami-Dade
County Federal Drug Control & System Improvement Formula Grant Program (Byrne
Grant) in the Amount of$4,607.00, Representing a 75% ($3,455.00) Grant Award and 25%
($1,152.00) in Matching Funds; Authorizing the Mayor to Execute Said Agreement;
Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: City Clerk Hines read the title and Police Sergeant Barry Noe reported.
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Public Speakers: none
Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No. 2006-1008 was adopted by a voice vote of 5-0 in favor.
10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Naming ofthe Future Observation Walk Path Along the Mangrove Reserve Within
the Town Center Park Located at 17200 Collins Avenue the "Harvey Baker Graves
Mangrove Reserve"; Directing the City Manager and/or his/her Designee to Place Signage
Commensurate with this Distinction at Said Mangrove Reserve Area; Authorizing the City
Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing
for an Effective Date.
Action: City Clerk Hines read the title and Mayor Ede1cup reported noting that it would
be dedicated at the June 16,2007 10th Anniversary celebration.
Public Speakers: none
Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the
resolution. Resolution No. 2006-1009 was adopted by a voice vote of 5-0 in favor.
10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Option Agreement with the Joseph Mazacco Irrevocable Florida Trust for Purchase
and Sale of Real Property, of Approximately 0.83 Acres Located at 500 Sunny Isles
Boulevard, in the Amount of $3 Million Plus Closing Costs with an Option Deposit of
$450,000.00 for a 60-Day Option, Which Deposit Shall be Applied to the Purchase Price if
the City Proceeds to Purchase and to be Forfeited ifthe City Declines to Proceed, Attached
Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Providing the
City Manager and the 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 Ottinot reported that we have
another opportunity to create a park on the west side of Collins A venue, and the proposed
park is located right next to Fortune on Sunny Isles Boulevard. City Manager Vera said this
is abutting the park that should start construction right next to this property by the beginning
of next year. He said the property is approximately one acre in size and the majority of it is
submerged, there is approximately 12,000 to 14,000 square feet ofland and some dock area,
and the rest is part of the Intracoastal.
Public Speakers: none
Mayor Edelcup said that we have gotten recent appraisals on this piece of property and the
purchase price falls within the parameters of that appraisal. City Attorney Ottinot said the
purchase price is $3 Million and we have appraisals that indicate the property is valued at
above $3 Million. Mayor Edelcup said if we were to acquire this property we would have the
availability of adding approximately 54,000 square feet to our TDR Bank.
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Commissioner Thaler asked if we test this land, and City Attorney Ottinot stated as indicated
in the Option Agreement, we will conduct a Phase I Environmental to determine if the
property has any environmental problems. He said he had asked the City Manager to call the
consultant to perform Phase I. Commissioner Thaler said if we give them $450,000 based on
what he reads here and something is wrong, and Mayor Edelcup said we have 60 days. City
Attorney Ottinot said the Option Fee will go to our escrow agent, Chicago Title. He said we
have 60 days after conducting the environmental test, and if we find out that the property has
any environmental problems, we have a right not to exercise an option and get the deposit
back.
Mayor Edelcup said that this will make a fine addition to the City being adjacent to the other
piece, the FDOT lease property, will be able to expand it and someday in the future ifthere
ever is a water taxi along Biscayne Boulevard, this would be a natural site for a water taxi
station.
Vice Mayor Brezin moved and Commissioner Thaler seconded a motion to approve the
resolution. Resolution No. 2006-1010 was adopted by a voice vote of 5-0 in favor.
lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying
the Approval of Three (3) Change Orders Submitted by Tenex Enterprises, Inc., for
Additional Work Necessary to Complete Asphalt Stamping of the Parking Spaces Adjacent
to Margolis Park and the Crosswalk Along Collins A venue, in an Amount Not to Exceed
$116,631.35, Attached hereto as Composite Exhibit "A"; Authorizing the City Manager to
Do All Things Necessary to Effectuate this Resolution: Providing for an Effective Date.
Action: City Clerk Hines read the title and Assistant City Manager Vera reported.
Public Speakers: none
Commissioner Thaler moved and Commissioner Iglesias seconded a motion to approve the
resolution. Resolution No. 2006-1011 was adopted by a voice vote of 5-0 in favor.
10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Providing
for a Conditional Approval of a Request for Waiver of the Construction Noise
Limitations Submitted by Trump Dezer Development to Allow Extended Construction
Hours Not to Exceed a Frequency of Two Times Per Week for a Period of Six (6) Months;
Providing the City Manager and the City Attorney with Authority to Do All Things
Necessary to Effectuate this Resolution: Providing for an Effective Date.
Action: [City Clerk's Note: Correspondence from l8l0l Collins Avenue Condominium
Association, Inc., and from l8325 Collins Avenue Bluegrass Beach Club Condominium
Association was handed out prior to the meeting noting they have no objection to this
request.) City Clerk Hines read the title and City Manager Szerlag reported. He said if the
Commission agrees with this request a couple of positive things will happen, 1) the job is
done in a more expedient fashion, and 2) we get no complaints as a result of that occurring.
Public Speakers: Gil Dezer
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Gil Dezer said this is a unique situation because he is his neighbor to the north and to the
south so he can control the noise complaints. He said without the extended construction
hours the project schedule would take an additional three to four months.
City Manager Szerlag said if there is approval, staff will need to get specific time frames for
the Code Enforcement Department. Mr. Dezer said all the pours are scheduled so they will
be able to give the City notice a week in advance.
Commissioner Thaler said this is just this one individual instance and not setting a precedent
for the whole City, and City Manager Szerlag said he is confident that they will get similar
requests for extended hours and what he will do is bring them to the Commission with the
same criteria that they have established for Trump. Mayor Edelcup said in those cases we
will need to give the neighbors an opportunity to comment, and staff should instruct public
notice so the neighbors can come in and comment on it.
Vice Mayor Brezin moved and Commissioner Iglesias seconded a motion to approve the
resolution. Resolution No. 2006-1012 was adopted by a voice vote of 5-0 in favor.
101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Declaring
Lewis J. Thaler as Vice Mayor; Providing for an Effective Date.
Action: Mayor Ede1cup thanked Commissioner Brezin for her service as Vice Mayor, and
proposed Commissioner Thaler as Vice Mayor for the ensuing year. Vice Mayor Brezin
officially gave Commissioner Thaler the Vice Mayor Car License Plate.
Public Speakers: none
Mayor Edelcup asked for a vote. Resolution No. 2006-1013 was adopted by a voice vote
of 5-0 in favor.
10J. Add-On:
A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Authorizing
the Acceptance by the City Attorney of the Settlement Offer by Arlen House Marina
Corporation in the Pending Lawsuit between Arlen House Marina Corporation vs. City of
Sunny Isles Beach; Providing for Compliance with the Terms and Conditions; Providing for
an Effective Date.
Action: City Attorney Ottinot said this matter relates to the Arlen House lawsuit versus City
of Sunny Isles Beach. He said the Arlen House had filed a lawsuit challenging the City's
Safety Fence Ordinance [Ordinance No. 2006-252], which requires commercial marina
owners and operators to install and maintain a safety fence or railing lining the perimeter of
marinas. He said a lawsuit is currently pending before the Circuit Court, the judge had asked
the parties to step down to discuss the possibility of a settlement.
City Attorney Ottinot said that they have discussed settlement of certain offers presented to
him by the plaintiff, and read the terms of the settlement offer: Arlen House will agree to
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replace or construct a fence in a pre-relevant location within one year of signing the
settlement agreement; the City agrees to allow it to place a sign that is consistent with our
Code on this property; and the City agrees to resolve outstanding issues if Arlen House
makes a commitment to resolve issues relating to the fence and also issues relating to
property maintenance. He said he has also attached letters from residents of Arlen House,
and the President of Arlen House called him indicating that they want the fence to be
replaced at the same location, the letters are attached to the confidential memorandum that he
gave the Commission.
City Attorney Ottinot said his position is simple, while he believes the City has a strong legal
position in court, he believes that the settlement offer provides the City an opportunity to
achieve a solution quickly instead of spending all the time and expense litigating this matter
in court. He said the settlement offer is a negotiable deal that will resolve in protracting
litigation, and he is recommending that the City accept this settlement in order to achieve the
wishes of the residents of the Arlen House, and he believes it is in the best interest of the
City. He said this case is pending and if the settlement is agreed to by the City, Arlen
House will agree to dismiss the lawsuit with prejudice. He asked for Commission direction
to accept this settlement offer.
Public Speakers: none
Vice Mayor Brezin asked in No.4, the City agrees to permit the Arlen House to install the
sign, etc, is this a City decision, or is it the condominium decision. City Attorney Ottinot
said like any other commercial property, they have a right to install or construct a sign on
their property and basically it is the City's decision. Vice Mayor Brezin said, from the
material that the City Attorney submitted here, it seems as though the President and those
that are on this property would be acceptable to getting the major portion of that waterway
covered, that does not affect the entire City, we are still in a position to deal with each marina
individually, or once this is passed, does this apply to the entire City. City Attorney Ottinot
said this settlement only applies to this property. He said he is looking at it from a legal
perspective, we can be in court for more than a year, and we may not get a resolution that is
in the best interest of the City, and whereas he can get a resolution right now. Vice Mayor
Brezin asked about the Ordinance in reference to the marina areas, there were other
circumstances there which would present a danger, could this be eliminated through Code
Enforcement. City Attorney Ottinot said that this is a Code Enforcement issue.
Commissioner Thaler moved a motion to accept the settlement offer, and Mayor Edelcup
said to poll the Commission as to whether or not they want to accept it. Resolution No.
2006-1014 was adopted by a voice vote of 4-1 (Mayor Edelcup against) in favor.
V ote: Commissioner Goodman yes
Commissioner Iglesias yes
Commissioner Thaler yes
Vice Mayor Brezin ~
Mayor Edelcup no
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Summary Minutes: Regular City Commission Meeting November 16,2006
City of Sunny Isles Beach, Florida
11. MOTIONS
None
12. DISCUSSION ITEMS
12A. Discussion regarding Driveway Cuts at North Bay Road and the Intracoastal.
Action: Withdrawn by staff.
12B. Discussion regarding Establishing a Process to Request Resident Input on Certain Capital
Projects.
Action: Commissioner Danny Iglesias said he would like the City to establish a policy of
procedure or guidance to the City Manager, are we going to do it by sending letters to
residents that are affected or passing of a petition, etc. Mayor Ede1cup said whenever we
have a capital improvement that results in an assessment to homeowners then he thinks that it
behooves us to notify those homeowners through written communication to each and
everyone of them and have either a workshop or a time designated at a Commission meeting
to discuss that particular assessment. He said we need to have a policy as Commissioner
Iglesias has pointed out to invite those homeowners there to perhaps ask for a vote of the
majority of those people voting and he thinks that we should put the vote generally in a
position that someone has to either vote yes or no, or not vote at all, and the person not
voting at all should not even be counted in the base. Commissioner Iglesias said that is why
he is bringing it up because some people do not care.
Commissioner Thaler said what you are saying is if there is 100 people and only 2 people
vote yes, and those two people would carry whatever you want to do, and Mayor Ede1cup
said you can also require that at least a majority but not necessarily 100%. Commissioner
Thaler said that there should at least be a percentage ofthe total people, and Mayor Ede1cup
agreed and suggested 51 % of the universe. Commissioner Iglesias said yes, 51 out of 100
people is a majority. Mayor Ede1cup said out of 100 people and 51 of those eligible to vote
have to vote and a simple majority of those voting carries the issue.
Commissioner Goodman said he did not agree, he said if you have 100 homeowners and you
are coming in with a capital project he thinks we should get 51 % of the homeowners, and
Commissioner Iglesias pointed out that even in an election year, the most votes we have
gotten is 54%, so it won't work. Commissioner Iglesias said 51 % of those eligible to vote,
and Commissioner Goodman said he understands but if you have 100 homeowners and you
say 51 people voted and there were 26 people voted for, and 25 voted against, it would carry,
and he does not agree with that. Mayor Edelcup and Commissioner Iglesias said that is what
you have in a general election, the majority of the people voted.
Mayor Ede1cup said there is one other issue, if the City Manager were to deem an issue to be
a health safety issue affecting the City and the employees of the City then a vote would not
be required. Mayor Edelcup said the City Manager would need to come to the Commission
and say there is a health safety issue and we don't have time to have a vote as to whether or
not a gas main is going to explode, so we need to clarify that, and Commissioner Iglesias
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Summary Minutes: Regular City Commission Meeting November 16,2006
City of Sunny Isles Beach, Florida
agreed. Mayor Edelcup said that the Commission would vote on all health safety issues
brought before them by the City Manager.
Mayor Edelcup said with that we will take a vote to establish this policy, and asked for a
voice vote. Resolution No. 2006-1015 was adopted by a voice vote of 4-1 (Commissioner
Goodman against) in favor.
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
None
14. ADJOURNMENT
Commissioner Goodman moved to adjourn, and Mayor Ede1cup adjourned the meeting at
10:41 p.m.
Respectfully submitted by:
~.~~
Jane A. Hines, CMC, City Clerk
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