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
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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
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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.
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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
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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.
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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