2015-1119 Regular City Commission Meeting

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Summary Minutes:Regular City Commission Meeting November 19,2015 City of Sunny Isles Beach,Florida Mayor Scholl asked City Attorney Ottinot for clarification,was the notice proper or improper? City Attorney Ottinot said the notice is proper and in compliance with the City Code and State law. Additionally, he said he has known Mr. Shevlin over the years and Mr. Shevlin did call him,they did receive the notice, and he filed an objection with him which basically noted the impact of the project with respect to its current property. Mr. Schulman said just to address the notice issue, Ms. Hasbun had supplied them and they would like to incorporate it into the record,the pictures of the posting on the property which is required by Code. There is also a mailing list of.50 pages to everyone of ownership of within 300 feet of the radius of their development. Five(5)pages of those 50 pages are residents of Marenas, and for the purpose of the record it is pages 18 through 22. Our first meeting took place with the Marenas President,Hotel Manager and Condo Manager on September 25. For purposes of reference, Marenas setback is 20 feet from their property, and they are 25 feet from Marenas property. At the time Marenas was built, applied data for it was operated as a condo/hotel concierge type of development, and they were built over us at that point in time. The 72 months we are asking for is not to construct this project, it is to pull the Building Permits. After development of the project we will be in more of a range of 24 months per tower. But the start of the project is market dependent. We are not sure what the market is out there right now, and so we will need that period of time to put up our sales center, find out where the market is, and once the Building Permits are pulled, we will be 72 months. We offered reasonable controls and conditions, and we were rebuffed. We did the best we could. Commissioner Levin asked what the construction schedule is supposed to be, when are they allowed to start and stop? Ms.Hasbun said as part of the record you have the construction and staging plan, on page 3 of the report it delineates the standard time for construction which is from 7:00 a.m. to 6:30 p.m. Monday through Thursday, 7:00 a.m. to 5:00 p.m. on Friday,and 9:00 a.m.to 5:00 p.m. on Saturdays. During daylight savings time it is from 7:00 a.m.to 7:00 p.m. Monday through Thursday, 7:00 a.m. to 5:00 p.m. on Friday,and 9:00 a.m. to 5:00 p.m. on Saturday. Also it delineates all the days that construction is not allowed. Commissioner Levin said then, if construction is supposed to start at 7:00 a.m. that means that the construction workers are permitted to get there before 7:00 a.m.? Ms. Hasbun said construction work starts at that time, construction workers are allowed to arrive before that time. City Manager Russo said the answer is yes, they can get there earlier, and no they can't make noise on this property until the start of the construction time. Vice Mayor Gatto said she knows there are some things that the City can probably control with the hours,but a lot of this is a neighbor to neighbor situation where there is a line drawn where we don't really get involved. She thanked Cliff Schulman for clarifying the 72-month situation because she had the same question. She asked what tower is being planned to go under construction first? Mr. Schulman said they have not determined which tower will be under construction first. That will be dependent upon market conditions and what people want to buy. We have one tower that is condo only, we have another tower which is a mixed-use, and so in order to determine Phase I vs. Phase II, we need to know what the product is that people want to buy. If the market is fantastic we will build both towers at the same time, although probably it is going to be one before the other. Vice Mayor Gatto said we know how the City supports traffic and density of projects like this. 8