2012-0419 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting April 19, 2012 City of Sunny Isles Beach, Florida 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Purchase of Diesel Fuel from Macmillan Oil Company of Florida, Inc., for the 2,000 - Gallon Above Ground Tank Located on the Southwest Portion of Government Center, in an Amount Not to Exceed $65,000.00 Annually; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Public Works Director Wade Sanders reported noting that this is for the City's street sweeper and buses. Public Speakers: None Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2012 -1896 was adopted by a voice vote of 5 -0 in favor. IOK. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Amendment to the Agreement with Harbour Construction, Inc. to Provide Asbestos Removal and Disposal Services for 151 & 215 Sunny Isles Boulevard, in an Amount Not to Exceed $34,230.00, Attached Hereto as Exhibit "A "; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012 -1897 was adopted by a voice vote of 5 -0 in favor. IOL. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Removing the Use Restriction Imposed on the Transfer of Development Rights ( "TDRs ") Owned by Jerry's Famous Deli, Inc. ( "Jerry's "); and Providing for a Transfer Fee; Approving the Assignment of 98,996 Square Feet of TDRs to Abus, LLC. ( "Abus "); Providing the City Manager and the City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: This item was heard after Item IOF. ] City Clerk Hines read the title, and City Attorney Ottinot reported. As a condition of the removal of the restriction, the owner of the TDRs is required to pay the City a sum of $1,484,940.00 on an installment basis in accordance with the Promissory Note. The City will receive an initial payment of $484,940 within three (3) days of approval, and the balance of $1 Million shall be paid within two (2) years of the initial payment. Jerry's, known as Epicure, is requesting that the TDRs be assigned to Abus, known as Chateau Beach, upon removal of the Use Restriction. Public Speakers: Clifford Schulman, Esq. Clifford Schulman, Esq., representing Chateau Beach, said when their project was approved they had agreed to pay the City for Bonuses $3.1 Million, they had agreed to a band shell that would have probably cost about $150,000 but the City asked them to consider moving the band shell from Samson Park to Gateway Park at a little bit higher cost of $400,000. Mr.