HomeMy WebLinkAbout2003-0619 Regular City Commission Meeting •
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SUMMARY MINUTES
Regular City Commission Meeting
Thursday, June 19, 2003, 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 Samson at 7:30 p.m., with the following
officials present:
Mayor David Samson
Vice Mayor Norman S. Edelcup
Commissioner Gerry Goodman
Commissioner Danny Iglesias
Commissioner Lila Kauffman
City Manager Christopher J. Russo
City Attorney Lynn M. Dannheisser
Acting City Clerk Jane A. Hines
2. PLEDGE OF ALLEGIANCE
Action: City Attorney Dannheisser led the Pledge of Allegiance to the flag.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting—May 15, 2003.
Action: Commissioner Kauffman moved and Vice Mayor Edelcup seconded a motion to
approve the above-mentioned Summary Minutes. The motion was approved by a
voice vote of 5-0 in favor.
4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Hear Item 9A after Item 5B; then 7B,8B,6A; Deferral of 7A;Revision to
Items 9G and 9K; Additional Information for 9I, 9J and 9K.
Action: Mayor Samson said that it was requested to hear items out of order. Discussion
was held on what order it should be in. Commissioner Iglesias made a motion to hear
Items 8B, 8B1,8B2, 8B3 and then 6A. Commissioner Iglesias also stated that he does not
want last minute items handed to him just before a meeting. Commissioner Goodman and
Vice Mayor Edelcup asked to hear 7B first. It was requested that Item 9A be heard after
5B and Commissioner Iglesias restated his motion to hear 9A first.
Summary Minutes:Regular City Commission Meeting June 19,2003 City of Sunny Isles Beach.Florida
Commissioner Iglesias moved and Commissioner Kauffman seconded a motion to hear
Items 9A,8B,8B1,8B2, 8B3,and then 6A.The motion was approved by a voice vote
of 5-0 in favor. Commissioner Goodman moved and Commissioner Kauffman seconded
a motion to defer 7A. The motion was approved by a voice vote of 5-0 in favor.
5. SPECIAL PRESENTATIONS
5A. Certificates of Appreciation to be Presented to Bike Rodeo Event Sponsors.
Action: Susan Simpson, Cultural and Human Services Director, reported and
Commissioner Goodman presented the Certificates to IDS Telcom for donating$500.00
to the City's First Bike Rodeo held on May 11, 2002; and Lt. Feisthammel accepted the
Certificate on behalf of Chief Maas and the Sunny Isles Beach Police Department for
their financial support of the City's Second Bike Rodeo held on May 17, 2003; and a
Certificate of Appreciation was presented to each member of the Committee for their
support for the last two years: Janet Cini, Loretta de Vries, Irving Diamond, Mary Ann
Eicke, Lee Liebman, and Gene Sweed (Lewis Sayre, FDOT, was not in attendance).
Commissioner Goodman thanked Susan Simpson for her assistance.
5B. Certificate of Appreciation to be Presented to Easter Egg Scramble Event Sponsor.
Action: Susan Simpson,Cultural and Human Services Director,presented the Certificate
to Milam's Market for donating$500.00 as the sole sponsor of the City's First Easter Egg
Scramble held on April 19, 2003.
6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. [Continued from May 15, 2003]
Request of Mandalay, LLC, Owner of the Property Located at 16275 Collins
Avenue, Sunny Isles Beach, Florida, for the Following:
[Hearing#Z2003-02]
1. Pursuant to Section 515 of the City of Sunny Isles Beach Land Development Regulations,
the applicant is requesting to transfer 33,657 square feet of development rights from the
City.
2. Pursuant to Section 508 of the City of Sunny Isles Beach Land Development Regulations,
the applicant is requesting a site plan approval for a 29-story, 90-unit condominium.
3. Pursuant to Section 703.8.4(h) of the City of Sunny Isles Beach Land Development
Regulations,the applicant is requesting to waive the Beach Access Easement requirement
under the Code.
4. Variance of Setback to permit a proposed parking pedestal to setback 2.33 ft. from the
interior (north) property line (20 ft. required) and setback 0.00 ft. from the interior
(south) property line (20 ft. required).
Summary Minutes:Regular City Commission Meeting June 19,2.003 City of Sunny Isles Beach.Florida
Protests 3 Waivers 0 Ex-Pane 3
Action: [City Clerk's Note: Three protest letters were distributed at the May 15, 2003
meeting from Roger Anda, Hermann Blatz, and Morris Rosenberg.] City Attorney
Dannheisser read a disclaimer for the Zoning hearing. Acting City Clerk Hines read the
applicant's name, hearing number, location and then administered the oath to the
witnesses for the Zoning hearing, and asked if there were any ex-pane disclosures, and
there were three (Mayor Samson, Vice Mayor Edelcup, and Commissioner Goodman).
Public Speakers: Clifford Schulman, Esq.; Planning and Zoning Administrator Jorge
Vera; Shelley Eichner; Mary Ann Eicke; Janet Gross; Mahlon Hanson; Irving Turetsky;
Bill Lone; Fred Barker; Dr. Barry Charnick; Alberto Sisso
Clifford Schulman, Esq., representing the owners, withdrew Item 4 for Variance of
Setback as the result of tonight's action (8B) those variances are no longer required. He
also withdrew their request for beach access waiver because he believes that the beach
access that they have provided,complies with the provisions of the Code. Mr. Schulman,
Esq., stated that this property is already approved for a high-rise development that could
be built today. He stated that this Commission adopted Resolution No. 2000-Z-48,
approving an application for a 26-story, high-rise development on this site with 168
residential units on the property. The Mandalay Condo Hotel, which this Commission
approved in 2000, was approved for 168 residential units, the application before the
Commission tonight is for 90 residential units.
Mr. Sieger described tonight's application and showed several renderings of the project.
Mayor Samson asked if there was ample space for loading and unloading trucks, and if
there is enough stacking room for cars coming up, and Mr. Sieger said yes, that it all
meets the criteria.
Mr. Schulman, Esq., noted that Mr. Sieger amended the plans and that it now has the
required 15-foot beach access in the side yard contiguous along the north property line
with paving patterns, it is gated as required for after hours security, it is lit and partially
covered. Vice Mayor Edelcup asked how high the roofline was, and Mr. Sieger said
approximately 9-feet.
Commissioner Goodman said that none of the beach accesses have doors and recommends
that there be no doors, Mayor Samson noted that Ocean I also has doors, and Mr. Sieger
said that these are just gates for security after hours. Commissioner Goodman said he had
a problem with the gates because of the question of who is going to open it,close it, and
maintain the property. Mr. Schulman, Esq., said he also spoke to the Police Department
and they suggested that they have a gate that was time controlled so that at night it would
not become a safety problem. He said that this beach access is also handicapped
accessible because you will either go into the elevator or into the beach access, and is
open 6-feet on one side even though it does have a cover.
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Summary Minutes:Regular City Commission Meeting June 19.2003 City of Sunny Isles Beach,Florida
Planning and Zoning Administrator Jorge Vera and Shelley Eichner,of Calvin,Giordano
and Associates, presented the report. Mr. Vera noted that the amendment that was just
adopted (8B) took away request no. 4, which is the setback variances, and the applicant
withdrew request no. 3,so what is before you is the transfer of development rights and the
site plan approval.
Mahlon Hanson noted that her main concern was the traffic and that it will cause a safety
concern on that corner. Commissioner Iglesias said that it all has to be approved by
FDOT. Commissioner Goodman said it could be a problem if the driveways do not line
up with the traffic lights, and Vice Mayor Edelcup said that they do not line up. Mr.
Schulman, Esq., said that they did go to FDOT and they were told that it was a safe
configuration and could be permitted.
Mayor Samson said that we have to speak on the TDRs on appraised valuation because
City Manager Russo said Joe Milton has brought in a low value on the land on which we
have not decided which is correct, we do not accept that, and we are going for further
appraisals. City Manager Russo clarified that we expect to have a new appraisal, which
has been ordered by the City, and the cost of the TDRs will be contingent upon working
out the value of the TDRs.
Commissioner Iglesias moved and Commissioner Kauffman seconded a motion for
approval as amended with all staff conditions (withdrew request 3; deleted request
4), and on the condition that the City Manager agrees on the TDR value before we
issue permits. Commissioner Goodman raised the condition that there be no locked
doors in the beach access. Mr. Schulman said that they will do whatever is
recommended by the Sunny Isles Beach Police Department. Commissioner Iglesias
amended his motion to leave it at the discretion of the City Manager to discuss with
the Police Department if the beach access should be gated or not. City Attorney
Dannheisser wanted to clarify if this motion includes both items or if they will be
voted on one at a time. Commissioner Iglesias said both items. The motion was
approved as Resolution No. 03-Z-74, by a roll call vote of 5-0 in favor.
Vote: Commissioner Goodman yy
Commissioner Iglesias ,des
Commissioner Kauffman yes
Vice Mayor Edelcup
Mayor Samson yes
7. ORDINANCES FOR FIRST READING
7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Providing for the Regulation of Private Property Trespass Towing; Providing for
Definitions; Providing for Consent of Property Owners; Providing for Warning to
Vehicle Owners; Providing for Registration,Procedures for Towing and Storage Firms,
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Summary Minutes.Regular City Commission Meeting June 19,2003 City of Sunny Isles Beach,Florida
Prohibited Practices and Procedures,Suspension and Revocation of Licenses;Providing
for Local Storage Facilities; Providing for Severability Clause;Providing for an Effective
Date.
Action: [City Clerk's Note: See item 4A for action on deferral of this item] This
ordinance was deferred.
7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Section 2.01, "Definitions" of Ordinance No. 2002-165, Adopting the
City's Land Development Regulations to Include a Definition of`Beach Access";
Providing for a Repealer;Providing for Severability;Providing for Inclusion in the Code;
Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and City Attorney Dannheisser reported
that this Ordinance is a clarification as to whether you want open or closed beach access.
Public Speakers: Clifford Schulman, Esq.
City Attorney Dannheisser said that the only thing that is changing is that there is a
definition of beach access and Commissioner Goodman read the definition of "Beach
Access"from the Ordinance. Commissioner Kauffman asked Commissioner Goodman if
these parameters are a little too rigid,and he answered no. City Attorney Dannheisser said
that everything is already in the Code,we do not have a definition,but it is already defined -
within the Code, and the only thing that is being changed or clarified,if you choose,is to
have open-air or enclosed, and that is the issue. Commissioner Kauffman asked if you
have a canopy is that considered not open-air? Commissioner Goodman said that he
wants open-air and that is his motion. Commissioner Iglesias agrees with what
Commissioner Goodman is saying,except if a developer wants to put in an enclosed upper
structure, why stop them. Commissioner Goodman said that the minimum should not be
less than15-feet wide, and Commissioner Iglesias agreed but that we should allow a
canopy. Vice Mayor Edelcup said that we should leave it as open and then if we get a
request, we can always change it. Mr. Vera corrected a word in the definition,that it
should be grade, not ground.
Mr. Schulman, Esq., said that the proposed Ordinance is made retroactive in its
application, meaning that it goes back to the one we just did and any others that we have
previously approved,and he suggested that it should not be made retroactively applicable
since it would potentially have an adverse impact. He also stated that it says 15-feet fully
paved, it should have room for landscaping. City Attorney Dannheisser asked don't you
need a hard surface, and City Manager said yes we need a path but not the whole thing
paved, it would come before the Commission in a site plan anyway. City Attorney
Dannheisser said that then you don't need this Ordinance because the LDRs already say a
minimum of 15-feet, and the only reason that it was brought up was because of the
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Summary Minutes:Regular City Commission Meeting June 19,2003 City of Sunny Isles Beach,Florida
enclosure of the project and you wanted it defined as unenclosed and open-air.
City Attorney Dannheisser clarified that you want open air, unenclosed, not retroactive,
landscaped surface area and a hard surface walkway, it has to be ADA accessible, every
building must have a beach access according to the Comp Plan. City Attorney
Dannheisser clarified that the definition of"Beach Access" shall mean and include a non-
exclusive, publicly accessible, open air and unenclosed landscaped hard surface area
easement linking Collins Avenue....".
Mayor Samson said that we have never made a restriction on open hours, closed hours,
maintenance,and City Attorney Dannheisser said that this is a definition of what it means,
how you otherwise improve it, is okay as this is first reading. Commissioner Goodman
asked City Manager Russo about the feasibility of them paying the City and keeping these
things in proper state and asked if they can pay us and we do it. City Manager Russo said
yes,one of the things we did with Luke's contract,besides Public Works checking it,that
Luke's people check it every day when they empty the garbage cans,and that the next step
would be that they pay us. Vice Mayor Edelcup said that at a previous Commission
meeting, we had requested that the City Manager come up with a plan on this for all the
beach accesses, and City Manager Russo reported that in Luke's contract on tonight's
agenda,for them to check it and then we charge back. Mayor Samson said he would word
it,that the cleanliness of the beach accesses will be maintained by the City for a cost to be
appraised by the City Manager to be charged to each Condominium Association. City
Attorney Dannheisser said that we require easement agreements,which we can include all
these restrictions in or not, as maybe applicable to the particular site, this is merely a
definition. She suggested that we can do another ordinance that relates more specifically
to that, and Mayor Samson asked that she put it on the next Commission agenda.
Commissioner Iglesias said if we are going to use unenclosed or open air, we may be
leaving ourselves open that if someone wants to do a development, say on the west side,
then you can do what they did at the Western Diplomat, which is a structure that is
partially enclosed, but it is open-air because there is no tunnel.
Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to approve
the proposal as amended on first reading,the definition of Beach Access shall mean
and include a non-exclusive,publicly accessible,open air and unenclosed landscaped
hard surface area easement linking Collins Avenue....".. The motion was approved
by a roll call vote of 5-0 in favor. Second reading, public hearing will be held on
Thursday,July 17, 2003, at 7:30 p.m.
Vote: Commissioner Goodman yes
Commissioner Iglesias y
Commissioner Kauffman yes
Vice Mayor Edelcup yes
Mayor Samson
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Summary Minus:Regular City Commission Meeting lune 19,2003 City of Sunny Isles Beach,Florida
7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Ordinance No.2003-168 to Accept Those Charter Provisions Set Forth in
Said Ordinance and Only Those Approved by a Majority of the Voters on June 10,
2003 According to Official Results to Amend the City Charter by Adding a Lobbying
Provision that Would Require the City Commission Pass an Ordinance Mandating
Lobbyists to Disclose Compensation and for that Information to be Disseminated to the
City Commission;Providing for an Amendment of Section 2.3(c)"Limitations on Length
of Service" to Provide that No Person Shall Serve as Mayor for More than Two Elected
Four-Year Terms and No Person Shall Serve as Commissioner for More than Two Elected
Four-Year Terms; Amending Section 3.5 "City Clerk" to Render the Clerk an Appointee
of the City Manager; Providing for an Amendment of Section 3.2 "Powers and Duties of
the City Manager" to Except Employees of the Office of the City Attorney From
Appointment, Supervision and Removal by the Manager;Providing for an Amendment of
Section 3.4 "Bond of the City Manager"to Provide for Fidelity Bond;Amending Section
5.10) "Elections Commencement of Terms" to Provide that the Term of Elected Office
Commence on the Thirtieth Day Following the Election; Providing for Elimination of
Certain Transition Provisions; Providing for an Amendment of Section 2.1 "City
Commission"to Provide Examples of Legislative Powers; Providing for an Amendment
to Section 7.4 "Charter Revision" to Require Each Commissioner Appoint One Charter
Revision Commission Member; Providing for the Permission to Make Technical and
Stylistic Amendments; Providing for Repealer; Providing for Severability;Directing the
City Clerk to Amend the City Charter in Accordance with the Election Results and this
Ordinance; Providing for Inclusion into the City Charter and Code; Providing for an
Effective Date.
Action: Acting City Clerk Hines read the title and City Attorney Dannheisser reported
and noted a scrivener's error, on page 2 of the Ordinance, Section 3.5, several words
should have been deleted at the beginning of the sentence, - - • • - - •. - ; - • - - -
the-Commission, it should read, "The City Manager shall appoint..." .
Public Speakers: none
Commissioner Iglesias moved and Vice Mayor Edelcup seconded a motion to approve
the proposal as amended 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,July
17, 2003, at 7:30 p.m.
Vote: Commissioner Goodman yes
Commissioner Iglesias yes
Commissioner Kauffman yes
Vice Mayor Edelcup yes
Mayor Samson
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Summary Minutes:Regular City Commission Meeting June 19,2003 City of Sunny Isles Beach.Florida
7D. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Ordinance No. 98-44 of the City of Sunny Isles Beach and Further
Amending Section 2-11.1(s) of the Code of Ethics of Miami-Dade County, to
Require Disclosure of Fees Paid to Lobbyist; Directing the City Clerk to Publish
Lobbyist Registration Logs to the City Commission Prior to Every City Commission
Meeting; Providing for the Miami-Dade Commission on Ethics and Public Trust to Hear
Appeals,and Conduct Investigations;Providing for Penalties for Violation;Providing for
All City Personnel to Ascertain Whether Persons Required to Register as a Lobbyist
Have Complied; Providing for Validity of Action; Providing for a Repeal of Conflict
Provisions; Providing for Severability and an Effective Date.
Action: Acting City Clerk Hines read the title and City Attorney Dannheisser reported.
Public Speakers: Susan Fried
Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve
the proposal on first reading. The motion was approved by a roll call vote of 5-0 in
favor. Second reading, public hearing will be held on Thursday, July 17, 2003, at
7:30 p.m.
Vote: Commissioner Goodman yes
Commissioner Iglesias yes
Commissioner Kauffman yes
Vice Mayor Edelcup yes
Mayor Samson yes
8. ORDINANCES FOR SECOND READING (Public Hearings)
8A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Ordinance No. 99-74,Adopting a Cost Recovery Deposit Fee Schedule for
Planning and Zoning Services, Attached as Exhibit "A"; Providing for an Effective
Date.
(First Reading 5/15/03)
Action: Acting City Clerk Hines read the title and Planning and Zoning Administrator
Jorge Vera reported.
Public Speakers: none
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to adopt
the ordinance. Ordinance No. 2003-172 was adopted by a roll call vote of 5-0 in
favor.
Vote: Commissioner Goodman yes
Commissioner Iglesias yes
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Summary Minutes:Regular City Commission Meeting June 19,2003 City of Sunny Isles Beach.Florida
Commissioner Kauffman yes
Vice Mayor Edelcup yes
Mayor Samson
8B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Section 703.8.4 (m) of the Land Development Regulations Adopted by
Ordinance No. 2002-165 Entitled"Parking Garage/Rooftop Open Space"to Provide that
Parking Structures that Fall Within the VE Zone on Lots with 100 Feet of Frontage or
Less,are Exempt from *Minimum Side Setbacks and Do Not Count Against Floor Area
Ratio; Providing for a Repealer;Providing for Severability and Providing for an Effective
Date.
(First Reading 5/15/03)
Action: (*City Clerk's Note: City Attorney amended Ordinance at meeting.] Acting City
Clerk Hines read the title and City Attorney Dannheisser reported and noted that the
City's Planner requested that we insert into the wording of the Ordinance an immaterial
non-substantive change for clarification, that when we talk about minimum setback
restrictions, we put in the words "minimum side" setbacks.
Public Speakers: Clifford A. Schulman, Esq.; Charles Sieger, Architect; Cecile Sippin;
Michael Greenhutt; Mary Ann Eicke; Fred Barker; Mahlon Hanson; Elke Bass; Hassida
Gabor; Arthur Kapel; Laurie Hanimov; Dr. Barry Charnick; Brian Taft; Gloria Taft;
Anthony Pupillo; Eltan Shwveli; George "Bud" Scholl; Alvaro Minor; Alberto Sisso;
Janet Gross; Yana Franz; Arnold Taft; Herbert Abramson; Dr. Elayne Mangad; Yosef
Zemach; Hagai Shechter; Edith Sandquist
Mr. Clifford A. Schulman, Esq., said that this Ordinance presently drafted in the Code
does not meet with the intent of the Commissioner who offered it when it was originally
adopted into the LDRs. This Ordinance will not determined whether or not there will be
high-rises on the east side of Collins Avenue. The MUR District that we are in, with or
without this Ordinance, will allow a high-rise on this property. The only question before
you is if you don't pass this Ordinance, that high-rise will be higher and bulkier, and will
go further out to the ocean, and we will have a higher and bigger parking garage. All VE
says is that the zoning regulations that are in effect when combined with the federal
regulations say, if you don't change this Ordinance your parking garage has to be higher
and bigger. All of us fell in love with Millennium when it was planned,but hated it when
it was built because of its intrusive, visible, and ugly parking garage. That was the zoning
regulations that were in effect at that time. Mr. Schulman,Esq.,presented two renderings
of how the building would look with the Ordinance and without the Ordinance.
Commissioner Goodman reminded Mr. Schulman,Esq.,that Miami-Dade County passed
the Millennium. Mr. Schulman agreed, and said that the Sunny Isles Beach Planning
Advisory Board said that we want to make these garages as invisible as possible and they
succeeded in one respect,primarily in the front. He stated that if the Ordinance is passed
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Summary Minutes:Regular City Commission Meeting June 19,2003 City of Sunny Isles Beach,Florida
tonight, the structure would be 298-feet but without the Ordinance, it will go to 351-feet
in height, and the parking garage would go from three stories to ten stories in height.
Commissioner Goodman asked what the setbacks are in the front,and Mr.Schulman,Esq.
said in both instances, it is 75-feet from the front, but one is at the bulkhead line with two
stories, and the other is ten stories at the bulkhead line, which is permitted by the City's
Zoning Code if you don't change the Ordinance tonight. Vice Mayor Edelcup noted that
Mr. Schulman,Esq.,is showing us a building to do site specific zoning for that particular
project, and Mr. Schulman, Esq., said it affects all 100-foot or less lots.
Mr. Charles Sieger,Architect, noted that they tried to suppress the garages,and that this
Ordinance allows relief for the 100-foot lots, when you have a 20-foot setback on each
side of a 100-foot lot, you only have 60-feet to build the building in. When you take out
the ramping for the cars, as a practical issue with the structure that holds up the building
you can only get one row of cars,so what happens is you get a very inefficient garage and
the garage gets very high and in this case,he studied the Sayan project,which is one of the
three lots. This project needs relief, the 100-foot lots needs relief,and the relief is the VE
situation and it is compounding the situation and making it extremely difficult, the
underlying rights are there. Commissioner Goodman asked if the beach access would be
flat from Collins Avenue to the beach and if the other side of the building would be
landscaped, and Mr. Sieger said yes. Commissioner Goodman noted that there would be
no landscaping if it is built from lot line to lot line, and he prefers tall and skinny so that
there are view corridors,and Mr. Sieger said that there would still be landscaping on both
sides of the building.
Commissioner Kauffman felt that this amendment would allow a few small lots in Sunny
Isles Beach that are uniquely affected by our Federal standards, to not have side setbacks
minimizing the visual impact in the garages for themselves and their neighbors.
Commissioner Kauffman explained why she voted the way she did. She explained that at
last month's first reading,further study and debate needed to be done. She acknowledged
that some were upset and she felt they did not understand her vote. She went on to
explain that she now had the time and ability to understand the issues and determined
what she felt was in the best interests of the City and the citizens. In spite of criticism and
emotions she received, she went on to explain her one guiding rule, which is to take care
of our City. She acknowledged that it is a complex issue regarding a relationship between
Federal Flood Regulations and Zoning. She studied the alternative ordinances for the
agenda, to understand their meaning and intent. She felt the question is, does our Zoning
Code accomplish our intent in parking garages on the ocean. Her opinion was that
properties of 100-feet, will either be bigger or taller and they will obstruct even more
views unless this Ordinance is adopted. She further stated that this is not a vote on
whether there should be high-rise development on the east side of Collins, we've made
this decision and we have lived with this decision,and in her opinion it has been the right
decision. She stated that this City is to a point that people want to live here and
developers want to build here. She felt this is not about side setbacks, it is that these
properties can legally be built on this land, and that the only real question is how the high-
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Summary Minutes:Regular City Commission Meeting lune 19,2003 City of Sunny Isles Beach,Florida
rises will look to the public and their neighbors. In her opinion,if the Commission fails to
pass the Ordinance, these small sites start getting fatter and taller. She felt that some of
the other alternatives tonight attempted to change the original intent but supported the
Ordinance that was proposed.
Vice Mayor Edelcup is in favor of tall and skinny buildings and open space view corridors
as the City's Planning Advisory Committee recommended, as did the Comprehensive
Plan. Commissioner Goodman stated it has to do with the people who live here, not
property values. Mayor Samson asked how many buildings in Sunny Isles Beach, and
surrounding areas, stands a building with 114-foot setback on the north, because the
building next to this property is 74-feet back of the lot line and the ground that belongs to
Atlantic Isle is 40-feet, add that together and you have a 114-foot view corridor, on the
other side, the south end of the property,there is a 20-foot setback on the property next to
it and a tower is a 50-foot setback, and you have a 70-foot view corridor.
Commissioner Iglesias moved and Commissioner Kauffman seconded a motion to adopt
the ordinance as amended. Ordinance No. 2003-171 was adopted by a roll call vote
of 3-2 (Commissioner Goodman and Vice Mayor Edelcup opposed) in favor.
Vote: Commissioner Goodman no
Commissioner Iglesias yes
Commissioner Kauffman y
• Vice Mayor Edelcup no
Mayor Samson des
8B.1 Alternative Ordinance for First Reading
An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Section703.8.4 (m) of the Land Development Regulations Adopted by
Ordinance No. 2002-165 Entitled"Parking Garage/Rooftop Open Space"to Provide that
Parking Structures that Fall Within the VE Zone on Lots with 100 Feet of Frontage or
Less,are Exempt from Setbacks and Do Not Count Against Floor Area Ratio;Providing
for Exemption from Beach Access Requirements;Providing for a Repealer;Providing
for Severability and Providing for an Effective Date.
8B.2 Alternative Ordinance for First Reading
An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Section703.8.4 (m) of the Land Development Regulations Adopted by
Ordinance No. 2002-165 Entitled"Parking Garage/Rooftop Open Space"to Provide that
Parking Structures that Fall Within the VE Zone on Lots with 100 Feet of Frontage or
Less,are Exempt from Setbacks and Do Not Count Against Floor Area Ratio;Providing
that the Required Beach Access Easement Described in Section 703.8.4(h) May be
Provided in Any Manner Acceptable to the Commission; Providing for a Repealer;
Providing for Severability and Providing for an Effective Date.
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Summary Minutes:Regular City Commission Meeting June 19.2003 City of Sunny Isles Beach,Florida
8B.3 Alternative Ord. for First Reading if any of the above is not approved
An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Ordinance No.2002-165,the Land Development Regulations,to Amend
Section 703.8.4 (m) Relating to Parking Structures Which Fall within a VE Zone;
Providing for a Repealer;Providing for Severability;Providing for Inclusion in the Code;
Providing for an Effective Date.
Action: The above alternate ordinances are not to be considered as 8B was adopted.
9. RESOLUTIONS
9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving a Guaranteed Maximum Price (GMT) of $14,992,050.00 for the
Construction of the New City Hall, Parking Garage and Tony Roma's Restaurant
from Our General Contractor and Construction Manager, The Weitz Company;
Providing the City Manager with the Authority to Do All Things Necessary to Effectuate
the Terms of this Resolution; Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and City Manager Russo reported.
Public Speakers: none
Vice Mayor Edelcup moved and Commissioner Goodman seconded a motion to
approve the resolution. Resolution No.2003-555 was adopted by a voice vote of 5-0
in favor.
9B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving a Renewal and Amendment of Landscape Maintenance Agreement Dated
November 13, 2001, between the City of Sunny Isles Beach and Lukes'
Landscaping, Inc. ("Lukes"'), in the Amount Not to Exceed $500,000.00, Attached
Hereto as Exhibit "A", in Accordance with Resolution No. 2001-390, for Additional
Parks/Medians/Rights-of-Way Maintenance Services; Extending Agreement for an
Additional Two Years; Providing the Mayor with the Authority to Execute Said
Agreement; Providing the City Manager with the Authority to Do All Things Necessary
to Effectuate the Terms of the Agreement; Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and City Manager Russo reported.
Public Speakers: none
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Summary Minutes:Regular City Commission Meeting June 19,2003 City of Sunny Isles Beach,Florida
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to
approve the resolution. Resolution No.2003-556 was adopted by a voice vote of 5-0
in favor.
9C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving After the Fact,an Engineering Service Agreement by and between the City of
Sunny Isles Beach and Lanzo Lining Services, Inc., to Line the Well Drain Pipe
Located at the Golden Shores Pump Station on North Bay Road and 19151 Terrace,
in the Amount of$12,410.00, 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: Acting City Clerk Hines read the title and Public Works Director James Watts
reported.
Public Speakers: none
Commissioner Goodman moved and Commissioner Iglesias seconded a motion to
approve the resolution. Resolution No. 2003-557 was adopted by a voice vote of 5-0
in favor.
9D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving an Agreement by and between the City of Sunny Isles Beach and the
Firm of Calvin, Giordano & Associates, Inc., Certified Planners, for the Design,
Permitting, Bid Specifications, and Construction Administration Services for the
Restoration of the Sunny Isles Bridge Revetment and Seawall Repairs at 183`d
Street and on Atlantic Avenue,in the Total Amount of$63,325.00,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 this Resolution;
Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and City Manager Russo reported.
Public Speakers: none
Vice Mayor Edelcup moved and Commissioner Goodman seconded a motion to
approve the resolution. Resolution No.2003-558 was adopted by a voice vote of 5-0
in favor.
9E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving an Interlocal Agreement between the City of Sunny Isles Beach and
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Sumunry Minutes:Regular City Commission Meeting June 19,2003 City of Sunny Isles Beach,Florida
Miami-Dade County, Attached Hereto as Exhibit "A", for Distribution of Charter
County Transit System Surtax Proceeds Levied by Miami-Dade County; Providing
Authorization for the Mayor to Execute the Interlocal Agreement; Providing the City
Manager with the Authority to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and City Manager Russo reported.
Public Speakers: none
Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No.2003-559 was adopted by a voice vote of 5-0 in favor.
9F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Accepting a Deed for a Parcel of Land Proffered to the City in Accordance with
Resolution No. 01-Z-58 to be Used as Park Land as Described in Exhibit "A";
Providing the City Manager with the Authority to Do All Things Necessary to Effectuate
this Resolution; Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and Planning and Zoning Director Vera
reported.
Public Speakers: none
Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to
approve the resolution. Resolution No.2003-560 was adopted by a voice vote of 5-0
in favor.
9G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Approving in Concept the Terms to be Included in a Contract for the Sale and
Purchase of Vacant Property Described as Lot 15, Block 5, Golden Shores Ocean
Boulevard Estates, as Recorded in Plat Book 51,Page 93,of the Public Records of Dade
County, Florida, Located at 215 19151 Terrace, Sunny Isles Beach, on the Terms and
Conditions Provided in the Letter of Intent Attached Hereto as Exhibit"A";Authorizing
the City Attorney to Draft Such a Contract; Authorizing the City Manager to Do All
Things Necessary to Effectuate this Purchase; Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and City Manager Russo reported, and
noted that we have reached agreement with the owners to accept.
Public Speakers: none
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Summary Minutes:Regular City Commission Meeting June 19,2®3 City of Sunny Isles Beach,Florida
Commissioner Kauffman moved and Vice Mayor Edelcup seconded a motion to
approve the resolution. Resolution No.2003-561 was adopted by a voice vote of 5-0
in favor.
9H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Accepting the Results of the Special Election on Proposed Amendments to the City
Charter Which was Held on Tuesday, June 10, 2003; Discharging the Canvassing
Board for Said Special Election; Providing for an Effective Date.
Action: Acting City Clerk Hines read the title.
Public Speakers: none
Commissioner Kauffman moved and Vice Mayor Edelcup seconded a motion to
approve the resolution. Resolution No.2003-562 was adopted by a voice vote of 5-0
in favor.
9I. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the Mayor to Execute Amendment No 1 to an Agreement between the
City of Sunny Isles Beach and Pios & Sons Enterprises, Inc., Attached Hereto as
Exhibit"A",for Stamped Asphalt Crosswalks on Collins Avenue,in an Amount Not
to Exceed $45,000.00; Authorizing the City Manager to Do All Things Necessary to
Effectuate the Terms of the Amendment; Providing for an Effective Date.
Action: Acting City Clerk Hines read the title and Public Works Director Watts
reported.
Public Speakers: none
Vice Mayor Edelcup moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No.2003-563 was adopted by a voice vote of 5-0 in favor.
9J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Ratifying the Terms and Conditions Set Forth in the Contract Attached as Exhibit
"A" for Lynn M. Dannheisser, as City Attorney; Providing for an Effective Date.
Action: [City Clerk's Note:A revised Resolution and the agreement was distributed at
the meeting.] Acting City Clerk Hines read the title and Mayor Samson reported.
Public Speakers: none
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Summary Minutes:Regular City Commission Meeting lune 19,2003 City of Sunny Isles Beach,Florida
Vice Mayor Edelcup moved and Commissioner Goodman seconded a motion to
approve the resolution. Resolution No.2003-564 was adopted by a voice vote of 5-0
in favor.
9K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Ratifying the Terms and Conditions Set Forth in the Contract Attached as Exhibit
"A" for Christopher J. Russo, as City Manager; Providing for an Effective Date.
Action: [City Clerk's Note: The agreement was distributed at the meeting.J Acting City
Clerk Hines read the title and Mayor Samson reported. Vice Mayor Edelcup noted that
the City Attorney and City Manager will now be residing in the City.
Public Speakers: none
Vice Mayor Edelcup moved and Commissioner Goodman seconded a motion to
approve the resolution. Resolution No.2003-565 was adopted by a voice vote of 5-0
in favor.
10. MOTIONS
None
11. DISCUSSION ITEMS
11A. Add-On
Planning and Zoning Director Vera asked that the City Commission set a date to have a
Workshop regarding the Town Center Overlay District. It was decided to schedule it on
Thursday, July 24, 2003 at 7:00 p.m.
11B. Add-On
Commissioner.Kauffman will be out of town in December which conflicts with the
December 18, 2003 City Commission meeting. It was decided to reschedule that City
Commission meeting to Tuesday, December 16, 2003.
12. CITIZENS'FORUM:REQUESTS,PETITIONS&OTHER COMMUNICATIONS
None
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Summary Minutes:Regular City Commission Meeting June 19,2003 City of Sunny Isles Beach,Florida
13. ADJOURNMENT
Mayor Samson adjourned the meeting at 11:25 p.m.
Respectfnllly submitted by: Approved by the City Commission on July 17, 2003
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-n fy-:iJane,'Ai'Hihes,Acting City Clerk David Samson, Mayor
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