2006 0216 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida Jeffrey Bass, Esq., ofthe Law Firm of Shubin and Bass, representing Scott Schlesinger, said that the facts are these: the public notice of the Regalia Project said the transfer would be 38,000 square feet; the hearing transcript shows that Mr. Vera and this Council discussed and deliberated the transfer of38,000 square feet; Mr. Price was present, Mr. Sieger was present, Mr. Gene Sterns was present, and he was present, and we all heard 38,000 square feet, and there was no objection in the record of these proceedings. He said that they have filed litigation and in that litigation they allege that the applicant sought the transfer of 38,000 square feet, we alleged that in our complaint. He said this is the first time that 54,000 square feet was discussed. He said the question is was that 54,000 square feet adequately out there so the public would know how many square feet were being transferred, and the facts are no. He said that what the Commission is doing is not correcting a scrivener's error but are approving for the very first time a TDR that the Commission has never before approved. He said the Commission should start over and have a public hearing and send out the public notice that you are transferring 54,000 square feet. Mr. Price said that Mr. Bass' argument ignores the fact that the Plans that were approved that were referenced in the Resolution and in the ad, the Plans clearly show 54,000 square feet subject to the Transfer of Development Rights Ordinance. He said he has gone through every brief that has been filed in this case and not one statement is made as to whether it is 38,000 square feet, their argument to the Appellant Court is any FAR granted over 2.5 was in violation of the Comprehensive Plan and therefore is improper. He said that the courts have said that this Commission has the right to do bonuses, Transfer of Development Rights which is a tool used in most sophisticated jurisdictions to ensure that certain public amenities are made as a trade off for development rights to occur. Assistant City Manager Vera said that the FAR has always remained constant and what Stanley Price recalled was exactly what happened, it was due to the Omni Case, and the changes that happened never got transferred into the Resolution from the 54,000 and the Plans he has clearly show the 54,000, it just never got transferred, but the FAR has always remained the same, it has not changed. City Attorney Ottinot concurred with Stanley Price and he has reviewed the Resolution and the Site Plan and it is undisputed, there is a clerical error. He said the Site Plan has 54,000 plus and the Resolution has 38,000. He said that this body has inherent authority to correct clerical error and that is what we are doing tonight. He said that he wanted to make sure that the Site Plan that Assistant City Manager Vera referred to was part of the record here tonight. Commissioner Goodman moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-890 was adopted by a voice vote of 5-0 in favor. 101. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Acceptance of the Appraised Land Value of $15 Million for the Property Generally Located at 19505 Collins Avenue Commonly Known as the Regalia Condominium Project; Providing for Payment in the Amount of $4,500,206.86 by the Applicant for the Transfer of Development Rights ("TDRs") in the Amount of54,385 Square Feet of Floor Area; Providing for 10% Deposit for TDRs; Providing for the Transfer of Certain Number of TDRs to the Applicant upon Receipt of Certain Payments; Providing for an Adjustment of 16