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HomeMy WebLinkAbout2009-1119 Regular City Commission MeetingSUMMARY MINUTES Regular City Commission Meeting Thursday, November 19, 2009, 6:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 6:30 p.m. with the following officials present: Mayor Norman S. Edelcup City Manager Rick Conner Vice Mayor Lewis J. Thaler City Attorney Hans Ottinot Comm. Roslyn Brezin Assistant City Manager /Services Jorge Vera Commissioner Gerry Goodman City Clerk Jane A. Hines, CMC Commissioner George "Bud" Scholl Assistant City Attorney Fernando Amuchastegui 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: City Attorney Hans Ottinot led the Pledge of Allegiance to the flag, and Police Chief Fred Maas gave the invocation. Mayor Edelcup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting — October 15, 2009. Action: Commissioner Scholl 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. 3B. Special City Commission Meeting — October 29, 2009. Action: Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve the above - mentioned Summary Minutes. The motion was approved by a voice vote of 5 -0 in favor. 3C. Special City Commission Meeting — November 6, 2009. Action: Vice Mayor Thaler moved and Commissioner Brezin 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 November 19, 2009 City of Sunny Isles Beach, Florida 4. ORDER OF BUSINESS ( Additions /Deletions /Amendments) 4A. Request to Hear Items. Additional Information Item 12A. Renderings of South Collins Park System; Add -On Item 5A. A Proclamation to Acqualina Resort & Spa on the Beach; Add -On Item 12B. Discussion re: 5 -Year Lease Offer of Atlantic Isles Pond. Action: Mayor Edelcup noted the above changes to the agenda. Vice Mayor Thaler moved and Commissioner Goodman 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 PRESENTATIONS 5A. Add -On A Proclamation to be Presented to the Acqualina Resort & Spa on the Beach upon Earning the Prestigious AAA Five - Diamond Award. Action: [City Clerk's Note: See action under Item 4A, adding this item to the agenda. ] Mayor Edelcup and the Commission presented a Proclamation to Owner /Manager Stephanie Trump and General Manager Sashe Gjorsovski on behalf of Acqualina Resort & Spa on the Beach. Sunny Isles Beach Resort Association Executive Director Ibis Romero noted that this is the only "independent" hotel to receive this award in Miami -Dade County. The Commission also presented Stephanie Trump with a beautiful bouquet of Roses. 6. ZONING: ZONING HEARINGS ARE QUASI- JUDICIAL PUBLIC HEARINGS. 6A. Request of One Netanya Centre, Owner of the Property Located at 323 Sunny Isles Boulevard, for the Following: (Hearing #Z2009 -04) The Applicant is seeking a Site Plan approval for a Mixed -Use development which consists of a 7 -story structure, where ground floor will be retail space, three floors of office space, and three floors of parking garage. The Applicant is also seeking approval of multiple variances of setbacks and lot coverage requirements. 1. Pursuant to Section 265 -18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a Site Plan approval for a Mixed -Use development which consists of a 7 -story structure. 2. Pursuant to Section 265 -15 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting the following variances: a. A variance to permit the proposed project with a lot coverage of 89 %. Maximum of 80% lot coverage is permitted. (Section 265- 37(F)(5)) b. A variance of setback to permit the pedestal to setback 0' -0" (20' -0" required) from the south property line, and (10' -0" required) from the east and west property line. (Section 265- 37(F)(6)(b) Summary Chart C) c. A variance of setback to permit the tower to setback 10' -0" to 15' -0" from the pedestal (20' -0" required). (Section 265- 37(F)(6)(b) Summary Chart D) Protests 0 Waivers 0 Ex Parte 0 2 Summary Minutes: Regular City Commission Meeting November 19, 2009 City of Sunny Isles Beach, Florida Action: Mayor Edelcup gave 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. Assistant City Manager Vera reported noting that this is the first project in this Center Sub - District since the enactment of the Town Center category. As part of the development the applicant is agreeing to pay $264,000.00 for 24 parking spaces to the Public Parking Bonus. Public Speakers: Architect Ari Sklar; Danny Iglesias Architect Ari Sklar on behalf of the Applicant, Ari Sunny Isles, Inc., reported and presented renderings of the project. He noted that the sculpture is from our Sister City Netanya, Israel and will be located on the Plaza. The vehicular entrance and exit is on the north side of the building on the west bound street, and the south side is more of a pedestrian friendly area where they have the Plaza with a colonnade. Commissioner Scholl moved and Commissioner Brezin seconded a motion for approval, subject to staff conditions. Resolution No. 09 -Z -119 was adopted by a roll call vote of 5 -0 in favor. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler ,yes Mayor Edelcup yes 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Enacting a New Section Entitled "Short Term Rental of Single Family Dwellings ", Requiring Registration of Short Term Rentals in Single Family Neighborhoods; 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 Ottinot reported noting that the City of Miami Beach who has a more restrictive short term rental ordinance has been sued by a property owner and that case is still pending. Our ordinance balanced not only regulation but also private property rights. Public Speakers: Danny Iglesias; Alon Steiger Commissioner Scholl suggested that both the owner and tenant sign the registration form and that way we have contact information for both, and the Commission agreed. Vice Mayor Thaler noted that he would have liked to see this ordinance more restrictive. Commissioner Goodman was concerned about who is going to be monitoring it and how it is going to be done. Mayor Edelcup said it puts a burden on the City to police it but it also puts the same burden on the neighbors; to make this ordinance really work, the neighbors have to be whistle blowers. Commissioner Scholl moved and Vice Mayor Thaler Seconded a motion to approve the Summary Minutes: Regular City Commission Meeting November 19, 2009 City of Sunny Isles Beach, Florida 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 17, 2009, at 6:30 p.m. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 713. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 212 of the City Code Relating to Construction Site Maintenance Standards; Providing for Severability; Providing for Inclusion in the Code; Providing for Repealer; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting that this ordinance puts a burden on the property owner and also the construction crane operator to remove the crane if no construction activity takes place within a 30 -day time period. If it is not removed we will hold the property owner and crane operator responsible and could be fined $1,000 per day if not removed. Public Speakers: None Vice Mayor Thaler moved and Commissioner Scholl 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 17, 2009, at 6:30 p.m. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes City Attorney Ottinot said that he has been working with City Manager Conner and Assistant City Manager Vera to try to get the crane removed from the Solice site. They were given the deadline of today to remove the crane, and today we received notice that they contacted the crane owner and they will remove it within two weeks but that is not confirmed. If they don't remove it, he asked the Commission for any action necessary to get that crane down. Mayor Edelcup said one of the other actions that we could take would be to cancel the active permit that is allowing that construction to go forward since they haven't been doing any construction for more than six months, and so he would like the Commission to consider giving the City Attorney the right all the way up to withdrawing the permit if they do not remove the crane in the two -week period. Commissioner Scholl said he would go further, cancel the permit and tear the building down, and he would like to give the City Attorney and City Manager as much leeway as possible, and the Commission agreed. 4 Summary Minutes: Regular City Commission Meeting November 19, 2009 City of Sunny Isles Beach, Florida 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 233 of the City Code to Revise Fees for Special Events on Private and Public Properties; Providing for Repealer; Providing for Inclusion in the Code; Providing for Severability, Providing for an Effective Date. (First Reading 10/15/09) Action: City Clerk Hines read the title, and Assistant City Manager Vera reported. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2009 -337 was adopted by a roll call vote of 5 -0 in favor. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 9B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 253 -6 of the City Code Relating to Maintenance Standards for Vacant Lots on Collins Avenue; Providing for Repealer; Providing for Severability, Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 10/15/09) Action: City Clerk Hines read the title, and Assistant City Manager Vera reported noting that this is for the vacant lots on the east and west side of Collins Avenue in order to have a more uniformed look. Public Speakers: None Commissioner Scholl moved and Commissioner Brezin seconded a motion to adopt the ordinance. Ordinance No. 2009 -338 was adopted by a roll call vote of 5 -0 in favor. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 5 Summary Minutes: Regular City Commission Meeting November 19, 2009 City of Sunny Isles Beach, Florida 10. RESOLUTIONS 10A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 07 -Z -112, Extending the Time Required to Obtain a Building Permit Pursuant to Zoning Application Submitted by Oceanic Development, LLC, (The "Applicant "), (Z2007 -01), on the Property Located at 18915, 18925, 18955, 18965, 18985,19001, 19025,19035 Atlantic Boulevard, in Accordance with Section 265 -11(L) of the Land Development Regulations; Providing the City Manager 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 Assistant City Manager Vera reported that almost all of the plans have been signed off by the Building Department, there are still a couple of corrections that need to be done as well as additional financing. Their time expired on November 15, 2009, and they requested an additional six months in order to start their construction. He noted that the State of Florida now provides extensions of up to two years under Senate Bill 360. Public Speakers: None City Attorney Ottinot said on this issue, if six months is not sufficient, and Mayor Edelcup said they can come back before the Commission for additional time. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve this resolution. Resolution No. 2009 -1496 was adopted by a voice vote of 5 -0 in favor. lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing Payment to Atlantic Broadband for Undergrounding Cable Television Lines on Atlantic Isles, in an Amount Not to Exceed $28,069.00; 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 Brezin moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2009 -1497 was adopted by a voice vote of 5 -0 in favor. IOC. 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: City Clerk Hines read the title, and Mayor Edelcup thanked Commissioner Thaler for his service as Vice Mayor, and proposed him as Vice Mayor for the ensuing year. Public Speakers: None Commissioner Brezin moved and Commissioner Scholl seconded a motion to approve this resolution. Resolution No. 2009 -1498 was adopted by a voice vote of 5 -0 in favor. Summary Minutes: Regular City Commission Meeting November 19, 2009 City of Sunny Isles Beach, Florida IOD. A Resolution of the City of Sunny Isles Beach, Florida, Approving an Interlocal Agreement with the State of Florida, Office of the State Attorney for the Eleventh Judicial Circuit of Florida to Reimburse the State for the Cost of State Attorney Prosecution of Certain Criminal Violations of the Code of the City of Sunny Isles Beach for Fiscal Year 2009/2010; Authorizing the Mayor to Execute the Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Intent of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported. Public Speakers: None Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve this resolution. Resolution No. 2009 -1499 was adopted by a voice vote of 5 -0 in favor. 11. MOTIONS i 12. DISCUSSION ITEMS 12A. Discussion regarding the South Collins Park System. Action: [City Clerk's Note: Renderings of the South Collins Park System were distributed prior to the Meeting. See action under Item 4A. ] City Manager Conner reported that there is going to be several properties involved and by developing a complete system that is a total package, as each property becomes available to us as the tenants move out of the properties and we are able to start utilizing them, we can go in and do work on that particular piece of property and it will all tie in. There are a few areas where the Park will narrow back down to being fairly close to Collins Avenue for short distances simply because of existing properties and commitments. Public Speakers: Ari Steiger Mayor Edelcup said he would like to bring this back next month along with the arch development at the south end entranceway into the City, in order to show the renderings on video so the people at home that are watching can get an idea of how beautiful the schematics are. He said he is hopeful that we can begin this project by mid next year. Commissioner Goodman asked if boats would be able to tie up along the Intracoastal and allow people to fish, and Mayor Edelcup said he would not encourage that kind of commercial use, we really want this for the residents. Mayor Edelcup said we want to make sure that when we do this development that the coral wall there is used on and off so we get some open views of the water. City Manager Conner said we have a theme that we started on the north end of the City, and this theme will continue all the way through the City. On the south end where we have that coral wall development, we can now integrate those cupolas all the way through there and there will be a very nice consistency, a specific and unique attribute for our City, and so that pattern though different and being more open, on the other hand will continue with the lighting and the other amenities. 7 Summary Minutes: Regular City Commission Meeting November 19, 2009 City of Sunny Isles Beach, Florida 12B. Add -On A Discussion regarding Accepting the Offer of a Five -Year Lease of the Atlantic Isles Pond for Park Property, and Authorizing Landscaping Expenditures of up to $60,000.00. Action: [City Clerk's Note: See action under Item 4A, adding this item to the agenda.] Mayor Edelcup passed the gavel to Vice Mayor Thaler, and he and Commissioner Scholl abstained from this discussion as they are both property owners on Atlantic Isles. Public Speakers: Alon Steiger; Ari Steiger; Danny Iglesias Alon Steiger, President of the Atlantic Isles Civic Association, said they have spoken to the City many times regarding the lagoon in the center of Atlantic Isle which is belonging about 75% to the City on the right -of -way, and about 25% to the Island which is basically the shoreline of the lagoon, and it has always been a maintenance issue, and so they proposed possibly to lease it to the City for a trial period of five years to see how it would work out. Vice Mayor Thaler said he does not believe that the City should spend money on something it does not own. If you want to give the City a long lease and pay for part of it, we would certainly look at it. But a five -year lease or just a lease where it would revert back to the people in Atlantic Isles, and he would not go for that. Mr. Steiger said the problem is that part of it belongs to the City and over the years Atlantic Isle was maintaining all of it, and now people don't pay their dues. Vice Mayor Thaler suggested trying to get the people to agree to turn it over to the City. Alon Steiger said it is really hard to convince people because we have 52 families and most of them don't attend any of the meetings. Ari Steiger said they own the lagoon, submerged property and the City owns the land around it, and Vice Mayor Thaler said he would not approve anything other than a long term lease and the Association coming up with some dollars to help pay, he can see a joint venture in payment but he feels we should have a 40 — 50 year lease on it because if we take it over, the City is going to be obligated to update it, change it, and do the maintenance on it. Commissioner Brezin said she can't see the City going into an expenditure at this time of up to $60,000, and she can't see the advantages from the point of view of our City. Vice Mayor Thaler said that they already have plans for the area that the City owns. City Manager Conner said that is correct, and in many of the projects that the City has been undertaking, if we destroyed somebody's property, we went back and we put in nice curb and gutter, sidewalk, brick pavers, and landscaping. It was the intent from the beginning that as part of this project, that area would be improved from a landscaping standpoint. The issue that is now being raised is, do we do some of that work on this side of the line or just keep it on that side of the line. There is a plan, and there are funds available in this project to do an improvement to the landscaping of that area. Commissioner Goodman said the major problem is that you have difficulty with your homeowners, originally when the project came about to redo the whole thing, many of your homeowners never showed up and they weren't interested. You had a meeting the other night and he understands only eight people showed up. He agrees with the Vice Mayor, can we be partners 50/50 and give us 10 or 20 years. Vice Mayor Thaler said he thinks they have heard the three of them and unless they are willing to give it to us, and if they are not Summary Minutes: Regular City Commission Meeting November 19, 2009 City of Sunny Isles Beach, Florida willing to give us long term leases and be a partner in the dollar figure, then the answer is going to be no. Alon Steiger asked if the City is going to put the rocks on the City property as part of the landscape plan, and Vice Mayor Thaler said no, we are not putting rocks on that City property based on what was just related. Mr. Steiger asked if that is part of your landscaping plan, and City Manager Conner said the landscaping plan that was developed in the original design does not include that. This discussion is would we put the rocks above the property line, that dividing line, if authorized by you could we make that part of the landscaping plan, and in his opinion, if you don't tie it to something going further down, you are going to have a border of rocks and then an open area and then the water which would create a rather odd landscaping program. Mr. Steiger asked if they give the City a ten year lease with an option of another twenty years, would this be sufficient, and Vice Mayor Thaler said yes with dollars behind it. Vice Mayor Thaler suggested that the Association go back and speak with their people, and come back with some other concept. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 14. ADJOURNMENT Vice Mayor Thaler passed the gavel back to Mayor Edelcup who adjourned the meeting at 7:52 p.m. Respectfully submitted by: Approved by the City Commission on Dec. 13, 2009 Jane A. Hines, CMC, City Clerk No an S. Edelcup, Preview TO: FROM: DATE: RE: Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax MEMORANDUM The Honorable Mayor and City Commission Jane A. Hines, CMC, City Clerk 12/17/2009 Summary Minutes for the November 19, 2009 Regular City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the November 19, 2009 Regular City Commission Meeting. REASONS: N/A ATTACHMENTS: . Summary Minutes http: / /sibagenda.sibfl. net /agendalPreview.aspx ?ItemID= 135 &MeetingID= O &MeetingDat... 11/24/2009