2007 0621 Special City Commission Meeting

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SUMMARY MINUTES Special City Commission Meeting Thursday, June 21, 2007, 6:30 p.m. City of Sunny Isles Beach, Florida A TTENTION 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 Ede1cup at 6:32 p.m., with the following officials present: Mayor Norman S. Edelcup Vice Mayor Lewis J. Thaler Commissioner Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias - Absent City Manager A. John Szerlag City Attorney Hans Ottinot City Clerk Jane A. Hines, CMC Assistant City Manager Jorge Vera Mayor Edelcup gave opening remarks stating that the City Commission will address the administrative appeals filed by Publix Supermarkets, Inc., relating to several administrative decisions made by staff. He stated the following general rules will govern these proceedings and the conduct of the parties: both parties will be provided with ten (10) minutes to present their arguments; staff will present its argument first, Publix will be permitted to present its argument after staff; and after the parties have presented their arguments, ten (10) minutes will be provided for public comments. The City Commission will make its decision after public comments. The Mayor asked City Clerk Hines to keep time and announce when time has run out for each of those 10-minute intervals. Mayor Ede1cup said that the following issues will be heard by the City Commission tonight: 1) whether Publix Supermarket perpetrated a fraud on the City by claiming it owns 17.13 acres for development purposes in a site plan filed with the City while claiming that it owned 5.41 acres for development purposes in a site plan filed with the County for the same development project. The burden is on Publix to demonstrate that its conduct and the representations were truthful. If Publix fails to meet its burden, the City Commission will find that Publix has violated Section 33-6 of the City Code which requires truthful disclosures in zoning matters; 2) whether the City has jurisdiction over Publix zoning application at this time; and 3) whether the City Code allows submerged lands abutting the Publix property to be included for purposes of calculations for residential density.