A ‘Night of Firsts’
By Bari Auerbach

The first Sunny Isles Beach City Commission meeting held in the new first-class Government Center building on Feb. 10 reflected the goal of elected officials to “put the people first” when making decisions on issues affecting quality of life and continued progress.

On behalf of the City Commission, Mayor Norman Edelcup greeted all in attendance and announced the meeting was being held in the future site of a Miami-Dade public library branch on the first level of Government Center pending completion of Commission Chambers named after the city’s first mayor David Samson.

‘First rate job’
The first item on the meeting agenda was a special presentation by the Sunny Isles Beach Citizens’ Coalition to the City Commission. Coalition president Henry Kay explained, “We are presenting a plaque to Mayor Norman Edelcup expressing great appreciation and joy to have someone we can trust to do his best for the well-being and quality of life of the citizens of Sunny Isles Beach…This appreciation extends to the whole Commission.”

Accepting the plaque, Edelcup noted, “This is a wonderful honor to accept on behalf of the Commission…I believe all of us are dedicated to a good form of government and we have the public’s interest at heart at all times whenever we’re making any decisions. I believe we all try to put the public first - and I believe in time we will have an even greater city than we have today due to the hard work of the Commission, city staff and residents who come and give us their insight into the items we’re discussing.”

‘First SIB condo by Carlos Ott’
On Feb. 10, plans for one of the first Sunny Isles Beach luxury condominiums designed by internationally renowned architect Carlos Ott were approved by the City Commission for the property located at 17121 Collins Avenue. Speaking on behalf of Jade developer Fortune Ocean LLP, attorney Judith Burke explained, “We are requesting site plan approval for a luxury residential condo on approximately 300 feet of frontage on Collins just north of 170th Street – Jade Beach II is adjacent to or just north of Fortune’s first project [Jade Beach I} which will hopefully break ground in about two weeks [from Feb. 10].”

Burke went on to note Jade Beach II contains approximately 560,000 square feet of space and 49 stories designed to complement rather than mirror the “spectacular” Jade Beach I also designed by Carlos Ott.

“The project requests to utilize 129,216 square feet of TDR’s (transfers of development rights) that come from a sender site already approved by this Commission transferred from the Casino property into city’s TDR bank,” Burke said. “This unique project meets all regulations of the city’s land development regulations and not a single variance is being requested. Further, the project uses all of the bonuses available under the city’s regulations including dedication of an oceanfront park and the provision of a beach access easement that is 20 feet in width rather than just the 15 feet required.”

According to Ott, the “new and unique” Jade II tower with a nautical motif will have curved elevations and be fully clad in glass, featuring huge waterfalls cascading down the podium facing Collins Avenue.

Recommending site plan approval, zoning director Jorge Vera reported, “This is a 256 unit condo building…They’re asking for 59 dwelling units and 129,217 square feet of Floor Area Ration with TDR’s…Staff has no objections – they have met all requirements.”

Prior to voting unanimously to approve the Jade II site plan, Commission members made recommendations including increasing the number of handicap parking spaces; and avoiding “early morning construction starts.” Mayor Edelcup also asked if the developer would consider a donation supporting the city’s goal to promote art in pubic or private places.

Ordinances for first reading
On Feb. 10, the City Commission passed an ordinance on first reading relating to parking regulations that will prohibit parking of vehicles on front lawns in residential districts and on publicly maintained lawns in landscaped areas.

“In residential districts, no vehicle shall be permitted to park on the front or side lawns on any property,” zoning director Jorge Vera explained. “We’ve also placed in the ordinance that the ordinance shall not apply to special events involving family or social gathering provided such events do not occur more than once a week; and we went from penalty of $25 to $250.”

Commissioner Danny Iglesias, an engineer with the Florida Department of Transportation, noted, “The idea of the ordinance is to promote green space…One of the policies we adopted at FDOT that has been very well received is supporting tree preservation by encouraging the transplant of trees whenever feasible and cost effective. [If the transfer is from private to public property], the City Manager and Commission [would have to approve of the tree transfer].” Subsequently, City Attorney Lynn Dannheisser recommended drafting a separate ordinance pertaining to the tree transfer concept that could be applicable to commercial and residential properties.

Pointing out that residents have already curtailed parking on lawns, Vice Mayor Lewis Thaler said, “I took a ride through [Golden Shores] and I have to say there has been a tremendous improvement even though the ordinance hasn’t passed yet.”

During public commentary, Golden Shores resident Mary Wynne inquired about parking on gravel in lieu of the “hard surface” dictated by the ordinance. In response, building official Clay Parker said, “Grass can grow back up through the gravel…I think a hard paved surface would be appropriate.”

Ethics: A first priority
On Feb. 10, the Commission amended the city’s ethics code to require disclosure of any gift having a value in excess of $100 in keeping with a decision by Miami-Dade County to raise the gift disclosure from $25 to $100.

The Commission also approved an ordinance on first reading implementing provisions of Florida statutes to establish a procedure governing ex-parte communications with local public officials concerning quasi-judicial matters. Generally, ex parte communication can be defined as “oral or written, off-the record communication made to or by commissioners without notice to parties directed to the merits or outcome of an on-the-record proceeding.”

City Attorney Lynn Dannheisser explained, “This ordinance provides a procedure by which an inadvertent ex-parte communication can be disclosed at the public hearing. It also provides a process for that public hearing and will shield both the Commission and public who may make such an inadvertent communication from having the application if approved from being overturned.”

Mayor Norman Edelcup added. “We’re talking about having our ex-parte ordinance changed strictly for zoning matters that come before us when we act in a quasi-judicial hearing…It’s only on zoning matters that we are prohibited from speaking with any party whether it be the builder, developer our next door neighbor anyone in the city because we’re acting in the position for zoning as judges…As judges, we can only take testimony before the public so if anyone on the street might come up to us to discuss a zoning project, we have to say, ‘No, you can’t talk to us about it until there is a public hearing.’

“[By amending this ordinance] we’re providing for the event that if somebody started to talk to us in the public about a particular zoning project, we would attempt to close that meeting, but if in fact an exchange took place – [the amended ordinance] requires us to disclose the fact that an exchange took place and it gives opposing sides to an issue the opportunity to cross examine the people who were involved.”

First Amendment questions
On Feb. 10, attorneys Stanley Price and Cliff Schulman, who represent Sunny Isles Beach developers, expressed first amendment right concerns regarding an “art in public places” ordinance adopted by the city.

The ordinance, passed on first reading at a Jan. 13 City Commission meeting, may require the placement of artwork on public property as part of site plan approval. Providing clarification, Mayor Norman Edelcup noted, “In order to increase the quality of life in our city, we’re proposing this ordinance to make it mandatory for large projects [to enhance the city with art in public places]. Heretofore, this was a ‘voluntary’ situation relating to works of art – and now [it will be] a mandatory situation where [art] can either be placed in front of the development or [the developer can] contribute to the city for [the creation of] art in public places.”

City Attorney Lynn Dannheisser explained, “This ordinance regarding placement of works of art on private property promotes and encourages the integration of art into the architecture of the city under the zoning ordinance…If the applicant is unable or chooses not to construct the work of art, the applicant shall pay a fee into the public art trust fund.

“’ Art’ is defined in this ordinance as any work of visual art that is an integral part of the structure, attached to a structure or detached from the structure - or outside of it. The ordinance encourages developers to construct the work of art through a cost allocation provision…[meaning] if the developer constructs the work of art as part of the project, he or she is required to contribute one percent of the estimated construction cost up to $500,000 for the work of art.

“Conversely, if the developer chooses not to construct in front of his project, he or she will be required to pay that amount - and/or he or she can choose to construct a work of art…We’re not requiring more than $500,000 be dedicated even though it’s one percent of construction costs.”

According to Price, the ordinance has “First Amendment implications.” He noted, “You can’t dictate what someone wants to do with their private property…You’re telling [developers] unless they do this they’re not going to get an approval…this is an illegal exaction…There is no limit [set in the ordinance] for offsite [art donation] as there is for onsite…I think with this ordinance you’re barking up a constitutional disaster.”

Schulman concurred with Price stating, “[The Commission] is making it more expensive to build in the city every day…[If the ordinance passes] you will be unique in requiring a developer not only to build all the infrastructure you want - but then to give you anywhere from between half a million and two million dollars for what you consider to be art…A building [like the Jade I and II towers designed by Carlos Ott] can be a work of art itself…What you’re asking a developer to give you is well intended but discriminatory only for the “rich developers” and not for townhomes or single family homes.”

In response, Deputy City Attorney Hans Ottinot explained that per his research, “Nine other cities have adopted a similar ordinance requiring developers to pay a fee or construct a work of art on their property.”

Ultimately, the Commission agreed to approve the ordinance on second reading with a provision setting a cost cap of up to $500,000 if the art is constructed as part of a project or if a contribution is made to place the art elsewhere in the city. It was also decided the ordinance would not apply to projects that have already received site plan approval.

First public school progress
In keeping with efforts to acquire property to build a public school in Sunny Isles Beach, the Commission has been researching eminent domain proceedings. On Feb. 10, City Attorney Lynn Dannheisser reported, “We requested an Attorney General opinion as to whether the School Board could initiate the condemnation action for the property we want to acquire for the school site…We asked whether the School Board could initiate a condemnation action on our behalf so we could acquire the property for an educational purpose…We were going to pay for all the costs including the acquisition and in turn, the [School Board] would turn the title over to us and we would lease the property back for them to construct a school.

“The [Attorney General] opined the School Board may not use its power of eminent domain on behalf of the city and subsequently convey the title to the city even if a lease hold interest is granted back to the School Board. As such, this leaves us with a couple of options…The City Manager and I met with Ron Book to discuss reinstating a provision that took away our power of eminent domain to acquire property for a public school.

“We should [soon] know if we can condemn the property on our own or [if] the School Board can do the acquisition and construction…Once we have the answers, the Mayor will bring options back to the School Advisory Committee…We’ll wait to have further discussions until we get that opinion and will continue to try to acquire the site through negotiations.”

Putting patriotism first
Senior citizen activist Stanley Shapiro addressed the Commission on Feb. 10 requesting that the city donate $1,000 to an initiative dedicated to sending letters to service men and women overseas conceived by the non-profit organization Primetime Seniors. According to Shapiro, other cities including North Bay Village, Surfside, Bal Harbour and Bay Harbor have already or will be joining in contributing to the endeavor as well. Following Shapiro’s presentation, the Sunny Isles Beach City Commission unanimously voted to make the $1,000 donation.

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