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Home My WebLink About2009-1222 Special City Commission MeetingSUMMARY MINUTES Special City Commission Meeting Tuesday, December 22, 2009, 5:30 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 5:30 p.m. with the following officials present: Mayor Norman S. Edelcup Vice Mayor Lewis J. Thaler Comm. Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl (phone) City Manager Rick Conner City Attorney Hans Ottinot City Clerk Jane A. Hines, CMC Assistant City Manager /Services Jorge Vera [City Clerk's Note: Commissioner Scholl participated via telephone conference call as he is out of town.] Mayor Edelcup gave opening remarks of decorum. ORDER OF BUSINESS ( Additions /Deletions /Amendments) Request to Add -On Item 4A. An Ordinance re: Administrative Site Plan Review, and a request to hear it before Item 3A. Action: Mayor Edelcup noted the above changes to the agenda. Vice Mayor Thaler moved and Commissioner 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. 2. PLEDGE OF ALLEGIANCE Action: Sydney Davis led the Pledge of Allegiance to the flag. 3. ZONING: ZONING HEARINGS ARE QUASI- JUDICIAL PUBLIC HEARINGS. 3A. Request of the City of Sunny Isles Beach, Owner of the Property Located at 19200 Collins Avenue (Heritage Park), for the following: (Hearing #Z2009 -05) The Applicant is seeking a district boundary change from B -I (Neighborhood Business) to CF (Community Facility) for the purpose of constructing a municipal park and parking garage. 1. Pursuant to Sections 265 -11 and 265 -18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a district boundary change from B -1 (Neighborhood Business) to CF (Community Facility). Protests 0 Waivers 0 Ex Parte 3 Summary Minutes: Special City Commission Meeting December 22, 2009 City of Sunny Isles Beach, Florida Action: [City Clerk's Note: Heard after Item 4A. See action above.] 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. Mayor Edelcup, Commissioner Scholl, and Vice Mayor Thaler disclosed Ex Parte communications with Lobbyist Sydney Davis. Assistant City Manager Vera reported noting that the purpose of this public hearing is to correct a notice error in a previous application approved by the City Commission on March 19, 2009. He presented a power point on B -1 information noting the purpose of this request is to comply with the City's Comprehensive Master Plan. City Attorney Ottinot asked if you can achieve density that you achieve on B -1 under CF, and Mr. Vera said no. City Attorney Ottinot said the City paid $19.6 million to down -use the property for open space, and the City was able to reduce density and parking use on the property. Public Speakers: Jeff Bercow, Esq.; Molly Hughes; Michael Gil, Esq.; Robert Zuckerman; John Rusnak; Violette Montiel- Jimenez; Fernando Blanco Jeff Bercow, Esq., representing Oceanview A and B Condominium Associations, filed with the City Clerk: 1) a Booklet of Documents relative to Heritage Park, and 2) Petitions with 287 signatures of residents in that area opposed to the current design of the Heritage Park project because it proposes ingress and egress to the Park via Galahad -Dade Boulevard, instead of using a curb cut on Collins Avenue. Molly Hughes, President of Hughes Hughes Inc., Transportation Engineers & Planners, presented renderings of the area and had done a Traffic Analysis of the area dividing it into three groups of issues: vehicles; safety; and pedestrians. City Attorney Ottinot said our goal is to improve the property, and noted that the City took a proactive approach to meet with those residents, and the City Manager and Vice Mayor individually met with them, and we have met with members of the Board and their representatives to discuss their concerns. Ocean Reserve came to us and indicated that they wanted to give us this easement because they felt it was a better project than what was contemplated before. He said in most City Codes it is a courtesy notice, in our Code it is a mandatory notice, and Mr. Bercow pointed that out and so we are now correcting that, and to make the record clear, this is a simple rezoning of the site, not a site plan application. Mayor Edelcup said this is only to change B -1 Zoning to CF Zoning. He said the City Manager has ordered a traffic study which will be completed in mid - January, and he suggested that staff meet with condo owners and their representatives to review that traffic study as well as the traffic proposal made by the Condominium itself, and then come back to the Commission on January 28, 2010, at which time the Ordinance (Item 4A) will be brought up again for second reading. Mr. Bercow asked when the site plan review will come up for this project, and Mayor Edelcup said that the Ordinance will come up for second reading, and hopefully by then this will be resolved. We all want a park there, and the issue is only the ingress and egress and hopefully that will be resolved. City Attorney Ottinot said over the years we have had administrative approval, and we do have a site plan that was conceptually approved by the Commission a while back, but in terms of the site plan approval, that is an administrative process that has always been handled administratively. 2 Summary Minutes: Special City Commission Meeting December 22, 2009 City of Sunny Isles Beach, Florida Vice Mayor Thaler moved and Commissioner Brezin seconded a motion for approval, subject to staff conditions. Resolution No. 09 -Z -120 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 4. ORDINANCES FOR FIRST READING 4A. Add -On An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265 -11(K) of the Land Development Regulations; and Amending Section 265 -18(C) of the Land Development Regulations to Provide for Administrative Approval of Certain Site Plans; Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date and Applicability. Action: [City Clerk's Note: Item distributed prior to the meeting. See above action adding this item to the agenda and hearing it before Item 3A.] City Clerk Hines read the title, and Assistant City Manager Vera reported noting that this Ordinance provides for administrative approval of site plans for government facilities provided that the site plan is consistent with the development standards of the zoning district. The administrative site plan approval process is a process that the City inherited from Miami -Dade County, and the City had used this process, however, the LDRs were amended to require City Commission approval. City Attorney Ottinot said it is important to note that the Commission is required to approve site plans that are consistent with the development standards of the underlying zoning district; and Governmental facilities, especially parks, are consistent with the underlying zoning districts. This is an historical process that we have used over the years. Public Speakers: Jeff Bercow, Esq. Vice Mayor Thaler moved and Commissioner Goodman 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, January 28, 2010, 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 asked for authority to negotiate partial taking agreement of property on Sunny Isles Boulevard, and it was the consensus of the Commission to give the City Attorney authority to move forward with it. Summary Minutes: Special City Commission Meeting December 22, 2009 City of Sunny Isles Beach, Florida 5. ADJOURNMENT Mayor Edelcup adjourned the meeting at 6:52 p.m. Respectfully submitted by: Approved by the City Commission on Jan. 21, 2 0 Jane A. Hines; CMC, City Clerk No man S. Edelcup, Mayor 4 Preview TO: FROM: DATE: RE: Yage 1 oT 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 1/21/2010 Summary Minutes for the December 22, 2009 Special City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the December 22, 2009 Special City Commission Meeting. REASONS: N/A ATTACHMENTS: . Summary Minutes Agenda Item Date http://sibagenda.sibin.net/agenda/Preview.aspx?ltemlD=l 5 3 &MeetingID= O� S014NY is s� s F ti v r: n TSF 991 * F LOS \OP SAP C,TY O OF SUN PL City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax (305) 947 -2150 Building Department (305)947 -5107 Fax EX -PARTE DISCLOSURE City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George 'Bud" Scholl, Commissioner Rick Conner, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk I, Vice Mayor Lewis J. Thaler, disclose that on 2009, [da e] spoke with me regarding Zoning Hearing [i ert names] No.2 ';L()O9 - Q'S Agenda Item No. 3A to appear on the December 22, 2009, Special City [date of meeting] Commission meeting. Date: Vice Mayor Le is J. Thaler Exparte Disclosure Form Vice Mayor ry OF SUN P` City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949-3113 Fax (305) 947 -2150 Building Department (305) 947 -5107 Fax EX -PARTE DISCLOSURE City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner Rick Conner, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk I, Mayor Norman S. Edelcup, disclose that on 4 �" "2, / 52009, [date] S spoke with me regarding Zoning Hearing [' sert names] No. ZiZVbg -OS , Agenda Item No. to appear on the December 22, 2009, Special City [date of meeting] Commission meeting. Date: / &C % yor Norman S. Edelcup Exparte Disclosure Form Mayor City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949-3113 Fax (305) 947 -2150 Building Department (305) 947 -5107 Fax EX -PARTE DISCLOSURE City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner Rick Conner, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk I, Commissioner George "Bud" Scholl, disclose that on , 2009, [date] Sspoke with me regarding Zoning Hearing sert names] No.Z ?009 -05, Agenda Item No. �_ to appear on the December 22, 2009, Special City [date of meeting] Commission Date: Z Commissio r George "Bud" Scholl Expartc Disclosure Form Comm Scholl