HomeMy WebLinkAbout2013-1017 Regular City Commission Meeting (2)SUMMARY iMINUTES
Regular City Commission Meeting
Thursday, October 17, 2013, 6:30 p.m.
City of Sunny Isles Beach, Florida
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AGENDA
1. CALL TO ORDER / ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Edelcup at 6:30 p.m. with the following officials
present:
Mayor Norman S. Edelcup City Manager Christopher J. Russo
Vice Mayor Isaac Aelion City Attorney Hans Ottinot
Commissioner Jeanette Gatto City Clerk Jane A. Hines, MMC
Commissioner Jennifer Levin Deputy City Manager Stan Morris
Commissioner George "Bud" Scholl Deputy City Attorney Fernando Amuchastegui
2. PLEDGE OF ALLEGIANCE / INVOCATION
Action: Former City Commissioner Roslyn Brezin led the Pledge of Allegiance to the flae.
and City Historian Richard C. Schulman gave the invocation.
Mayor Edelcup gave opening remarks of decorum.
3. APPROVAL OF MINUTES
3A. Special City Commission Meeting/I" Budget Hearing FY 2013/2014 — Sept. 17, 2013.
Action: [City Clerk's Note: Commissioner Scholl made minor changes on page 6 of the
minutes which were distributed prior to the meeting. ] Commissioner Scholl moved and Vice
Mayor Aelion seconded a motion to approve the above mentioned Summary iMinutes, as
amended. The motion was approved by a voice vote of 5 -0 in favor.
3B. Regular City Commission Meeting — September 19, 2013.
Action: Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve
the above mentioned Summary Minutes. The motion was approved by a voice vote of 5-
0 in favor.
3C. Special City Commission Meeting /2 "d Budget Hearing FY 2013/2014 — Sept. 26, 2013.
Action: Commissioner Gatto moved and Vice Mayor Aelion seconded a motion to approve
the above mentioned Summary Minutes. The motion was approved by a voice vote of5-
0 in favor.
Summary Minutes: Regular City Commission Meeting October 17, 2013 City of Sunny Isles Beach, Florida
4. ORDER OF BUSINESS (Add itions/Deletions /Amendments)
4A. Request to Hear Zoning Item 6B before Zoning Item 6A with related Resolutions Items
IOH and 101.
Action: Mayor Edelcup noted the above changes to the agenda.
Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the
above changes to the agenda. The motion was approved by a voice vote of 5 -0 in favor.
5. SPECIAL PRESENTATIONS
5A. A Presentation on the Transition of Police K -9 Handler.
Action: Chief Fred Maas announced the retirement of Corporal Rob Ostrov as K -9
Officer/Handler. and K -9 Diesel. Mayor Edelcup and the Commission presented a Plaque to
Corporal Ostrov who has been our only K -9 Officer for the last 13 years and Zorro was the
first K -9. City Manager Russo thanked him for all his work here and wished him well on his
new career path. Chief Maas also introduced our new K -9 Handler /Police Officer Tom
Philpart and our newest K -9 Rocko.
6. ZONING: ZONING HEARINGS ARE QUASI- JUDICIAL PUBLIC HEARINGS.
6A. Request of St. Tropez on the Bay: Phase II and III — Major codification, for Property
Located at 290 -330 Sunny Isles Boulevard and 16690 Collins Avenue. for the Following:
(Hearing #Z2013 -01)
The Applicant is requesting approval for a site plan modification for an existing site plan
approval for properties located at 290 -330 Sunny Isles Boulevard and 16690 Collins Avenue.
The Applicant is also requesting a Transfer of Development Rights (TDRs) in the amount of
100,220 square feet of development rights from private TDR Bank accounts and City's TDR
bank account of the City of Sunny Isles Beach and approval of variances in the site plan
modification.
1. Pursuant to Section 265 -18 of the City of Sunny Isles Beach Land Development Regulations.
the Applicant is requesting a site plan modification to increase the Floor Area Ratio (FAR) to
692,526 square feet in the two condominium towers approved under Phase II of application.
2. Pursuant to Section 265 -18 of the Citv of Sunny Isles Beach Land Development Regulations;
the Applicant is requesting a site plan modification to increase the Floor Area Ratio (FAR) to
95,345 square feet and the office building height to 152' -0" and thirteen (1 stories under
Phase III of the application.
3. Pursuant to Section 265 -15 of the City of Sunny Isles Beach Land Development Regulations,
the Applicant is requesting a variance to permit an average building height of 214' -2" where a
maximum of 200' -0" is allowed in accordance with Section 265 -37 F.(9)(a)[I] ofthe Land
Development Regulations.
4. Pursuant to Section 265 -15 of the City of Sunny Isles Beach Land Development Regulations,
Summary Minutes: Regular City Commission Meeting October 17, 2013 City of Sunny Isles Beach, Florida
the Applicant is requesting a variance to permit a building height adjacent to Collins Avenue
(Phase III) to be 152' -0" where a maximum of 140' -0" is allowed in accordance with Section
265 -37 17.(9)(a)[1] of the Land Development Regulations.
5. Pursuant to Section 265 -I5 of the City of Sunny Isles Beach Land Development Regulations,
the Applicant is requesting a variance for the condominium towers in Phase 11 to permit a
pedestal front setback to be 0' -0 ", where a minimum of 15' -0" is required in accordance with
Section 265 -37 F. (6) (a) [1][a] of the Land Development Regulations.
6. Pursuant to Section 265 -15 of the City of Sunny Isles Beach Land Development Regulations.
the Applicant is requesting a variance to permit a pedestal to tower front setback to be IT-7",
where a minimum of 25' -0" is required in accordance with Section 265 -37 (Summary Chart
B) of the Land Development Regulations.
7. Pursuant to Section 265 -23 of the City of Sunny Isles Beach Land Development Regulations,
the Applicant is requesting to transfer TDRs from the TDR Bank of the City in the amount of
38,058 square feet of development rights and three (3) dwelling units. An adjustment to be
made for a decrease of 38,058 square feet and 18 dwelling units from the City's Transfer of
Development Rights Bank.
8. Pursuant to Section 265-2' ) of the City of Sunny Isles Beach Land Development Regulations.
the Applicant is requesting to approve the utilization of private TDRs in the amount of 62,162
square feet of development rights and 29 dwelling units. An adjustment to be made for a
decrease of 62,162 square feet and 29 dwelling units from the Private Transfer of
Development Rights Bank.
Protests 0 Waivers 0 Ex Parte 4
Action: [City Clerk's Note: This item was heard after Item 613.] Mayor Edelcup gave
opening remarks on zoning procedures /decorum. City Clerk Hines read a disclaimer for the
Zoning hearing, and administered the oath to witnesses. She then read the applicant's name,
location, hearing number, and then asked if there were any ex -pane disclosures from any
member of the City Commission. Commissioner Scholl. Commissioner Gatto.
Commissioner Levin. and Vice Mayor Aelion said they each met with Joseph Milton and
Architect Eduardo Castineira. There were no other disclosures. City Planner Claudia
Hasbun reported noting that this Applicant is modifying an existing Zoning approval which
consisted of three phases. Phase I consisted of three (3) residential towers with retail and was
completed in 2010. The current application consists of two (2) residential towers in Phase 11.
and Phase III was approved as a 13 -story office building. She also noted that the City will
receive $761,160 for the 38.058 square feet of development rights and three dwelling units
that the Applicant is requesting and, if approved. will deposit 10% of this amount within
three (3) days of approval. She said this Application is consistent with the City's
Comprehensive Plan and generally consistent with the City's Land Development Regulations
(LDRs). Staff finds that the height variances requested may be justified due to the depth and
size of the lot in Phase III. which is the office building. However, staff finds that Phase 11. the
residential towers. the front setback variances requested do not satisfy each of the variances
standards. The Applicant also submitted a revised Traffic Impact Analysis which concluded
that the intersection of this subject project will continue to operate within the required Level
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Summary Minutes: Regular City Commission Meeting October 17, 2013 City of Sunny Isles Beach. Florida
of Services Standards. At this time staff has no objections to the site plan application
providing all the conditions stipulated are satisfied.
Public Speakers: Stephen Helfman, Esq.; Joseph Milton: Architect Eduardo Castiiieira;
Loretta Mufson; Paul Levinson; John Higgins
Stephen Helfman, Esq. representing the Applicant said this project was already approved by
the Commission in November 2012 where site plan approval was granted for two (2)
residential towers which are on the westernmost part of the project. At the same time the
Commission granted approval for an office building which fronts on Collins Avenue on the
easternmost part of the project and is the smallest of all the buildings. During the past year
while designing the project a couple of things have happened that has caused them to come
back to the Commission. He noted the unit count remains the same, it is only a slight increase
because of a demand for larger units. They are also asking that these buildings be moved
forward which City staff is recommending denial of. They are in an awkward situation that
they have to request this variance for environmental agency reasons along the rear of the
property. They are modifying them to TDRs to increase the FAR. and to slightly move the
residential towers forward to the front of the property to accommodate other agency
comments. The rest of the Application deals with the office building. They have two (2)
requests which is a FAR transfer and the other is a height request which is minor. They have
a unique situation on this corner as we are the only property with this limitation on height,
everything going north is allowed to go higher. They have this one piece of Town Center that
island locked where their office building is proposed. LaPerla is across the street at 300 feet,
they are surrounded by properties that are at least twice their height, and if not, land that could
be developed at twice the height. When they actually did the design of this building they have
a situation where because.of the ramping of the roadway you need to go up so that this office
building has some views. In order to get a reasonable office building, having the views,
getting all the parking in; they need to add an additional space of 12 feet above what they can
build. There will be no more traffic than before, and the additional square footage for this
office building is diminutive. The Traffic Report shows two additional trips per hour because
of this increase in the amount of office space and the height.
Developer Joseph Milton said this development planning started over a decade ago with his
father. When you were first creating the Land Development Regulations that were going to
set the guidelines for this City in that area. his father always believed that Sunny Isles
Boulevard would be the gateway to the City. He looked through the presentations that they
did those years ago and he found something very interesting, he presented a rendering they
used back in 2000 -2001. What his father had envisioned was condominium and an office
building on the south side, some retail in the center with parking and a park. He had charged
him with acquiring all the property on the south side. It is interesting how he reflects on this
and the opportunity that he has to bring his father's vision, his dream to conclusion. Tonight
we hope to present to the Commission what they believe is a really unique development for
Sunny Isles Beach, something that will bring about the completion of your gateway in first
class. The iconic office building in the comer which he plans on naming in honor of his
father, will be a Class "A" building recognizing his father's commitment to the City for over
20 years. This is the only place second to his home that he called home. He kept a residence
here since he built Sands Point in 1994. He thanked the City Commission for their personal
relationship behind his father who enjoyed working in this City like nowhere else.
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Summary Minutes: Regular City Commission Meeting October 17. 2013 City of Sunny Isles Beach, Florida
Eduardo Castineira, Architect President/CEO of Axioma3Architects, thanked City Planner
Hasbun for her help in this particular project that has a large site going back many years and
for her attention to detail. He presented renderings and 3D models of the project, and noted a
couple of issues that are important to the project. He reiterated what was said earlier by
another presenter [Item 6B], a lot of these zoning codes are not done by architects, and then
when architects started designing buildings then we have a Building Code, Fire Code, ramps,
turning radiuses, and now the Building Department came up with a new Code where anything
above 120 has to have a fire lobby. different scenario for the cores of the building, etc. He
said it is a small site, and has all these elements around it that becomes challenging in the
design, and it becomes a really complicated. The way this building works and the ramping
system, there is only one way to do it, and we made it so it meets all the requirements of
parking, ramps, etc. There is one thing about it that starts again creating unique situations that
are very different to the typical office building. For example the core of this building is not in
the center of the building, it is to the side. It is a small office building, one he would consider
a boutique office building, and it starts sitting up a different type of system and scenarios that
influences things down the line. We work with a consultant that specializes in office buildings
to give them some feedback, and that consultant came back with several things that were
based on these observations. They said straight out that this is going to serve a local
community, this is not a high -rise building in downtown Miami that is pulling traffic and
people from wherever, it is strictly a boutique building serving the area. Therefore, a lot of
the traffic is going to be very minor traffic, people basically travelling a couple of blocks.
Architect Castineira said they wanted to make sure the building is attractive to the right tenant,
and that brings us to another decision. What type of classification do we want this building-to
be, A, B or C? The type "A" building is the type of tenant that Mr. Milton would like to have
in this building which requires very specific things. One of the most important things that a
type "A" building requires is the height within the office space. Typically that height is 12
feet from ground slab to the underside of the slab of the upper floor. Why 12 feet, because
two of those feet in this case will be taken up with mechanical systems. These buildings are
designed to have a lot of views and glass and therefore they have heat -gain, and that heat -gain
generates bigger systems, AC systems, etc., very different than in condo buildings. At the end
of the day you are going to have an office that is going to be approximately 91/2 to 10 feet, very
similar to City Hall. The other aspect which is very important is we have a site that has the
only ramp wrapping around creating a very unique situation. The ramp is a couple of stories
high, and the views have to be above the ramp because nobody is going to rent Class "A"
office space and have views of a ramp.
Architect Castineira said at the very beginning of the design there were discussions about
having the entrance off Sunny Isles Boulevard. It was one of the things that staff had
commented on and talked about, and we insisted on making the entrance off from Collins
Avenue and pulling away from the intersection. The consultant verified that it was a very
good move not only by the office consultant but also by the traffic consultant. There is
minimal to no impact on the intersection because of the way the entrance works. The other
aspect to that is we have a fire lane as required by the Fire Department which in this case
works to our benefit in multiple ways. This fire lane becomes ideal for stacking cars as cars
pull into the building at any moment it can become congested, you can stack up to six (6) cars
in this area. Any delivery trucks coming in and having to back into the building will do their
Summary Minutes: Regular City Commission Meeting October 17. 2013 City of Sunny Isles Beach. Florida
maneuvering off from Collins Avenue and will not interfere with traffic as the truck can drive
up to the fire lane and then back into the loading zone of the building. A lot of these things
that had started early on and presented to the Commission are the same. nothing has changed.
Of course they have tweaked structures, a lot of little things to make the building better but at
the same concept, it has been proven by the consultant and the people that have seen it with a
much more critical eye that it works. It is definitely a good product for leasing offices, and
that is why everything is the same in that respect. In comparison to the rest of the project, this
height is not a substantial difference. Architecturally speaking we see this project as kind of
like the crowning jewel moment out of this whole project. In all of the design aspects they
have maintained a certain vision that has really focused on the quality of the architecture and
design. This project is definitely going to be the crowningjewel to that and we feel that this
comer deserves to have a really interesting beautiful Class "A" building that will finalize the
vision. This is a very similar concept that we have had for the pedestal with the architecture
wrapping around, the icon type of comer situation which will be fantastic for banks and that
type of business, the glass jewel type building on top. The quality of the towers are very
clean, very modem and elegant. All of the detailing is carrying the same character.
Architect Castifteira said it has a different flavor to it because it has more modern patterns that
links it to the Gateway Park ideas, and he showed a rendering of Gateway Park. The
interesting thing about the architecture that is going to be happening on both sides of the street
is it has a flavor of continuity, character, and it sends a story. It is inspired by a lot of these
patterns that have to do with trees. mangroves, elements that architects have to pull from the
air to inspire us. At the end of the day it sort of all comes into play into all these different
structures. It is important for the Commission to understand what they are asking for in the
context of everything else that is being done, have been done, and is in the process of being
done right now with Gateway Park as we are close to getting permits, breaking ground, and
moving forward.
Mayor Edelcup opened the public hearing. Loretta Mufson said for clarification she wanted to
review a couple of numbers: they had requested an increase in the FAR and the Commission
had approved that, and now they want more, the office building was going to be 8 stories and
now it is going to be 13 stories. Also she noticed that one of the pedestals to the tower front,
they had requested 20 -feet variance vs. 25, and you had approved that, and now they want 17
feet 7 inches. She was a little confused with the MRS that added up to over 100,000. and it
mentioned that there is a resolution to approve, and so is that the same 100,000 or is there an
additional? Also, the Commission had approved over 94,000 square feet TDRs. All of the
growth that has occurred in Sunny Isles Beach in the last 15 years is staggering, she realizes
that many of the previous structures were old and in need of repair or replacement. Many of
the buildings that have replaced them are beautiful but at the same time frightening. The
number of people and cars coming and going throughout the City is often overwhelming, and
she feels the quality of life on Sunny Isles Beach has suffered. Many times she has walked or
rides her bike through the City but she feels she is taking a risk because of the cars, buses,
trucks that zoom by her. Is it realistic to ask you to explain to those of us that do not know
how and when it is determined that a City has been built out to capacity? Are only numbers
and equations used? Are development friendly concepts such as MRS which she knows can
bring a lot of revenue to the City and air rights only figured in?
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Summary Minutes: Regular City Commission Meeting October 17, 2013 City of Sunny Isles Beach, Florida
Paul Levinson, President of Oceania TO\yer 5 Association and the Oceania Club, said we
already have a traffic problem there. The developer has a right to build a property but why
must we keep giving these variances. The corner of Sunny Isles Boulevard and Collins
Avenue is terrible, their building is the first building and they can't get out half of the time.
John Higgins lives at Oceania and he is concerned by construction traffic creating tremendous
traffic jams. What is proposed does not fit within the Code. He doesn't quite get the
setbacks, maybe they can explain more of what that will do in affecting the sidewalk.
City Planner Hasbun clarified that staff is recommending denial of those two setback
variances. Mayor Edelcup asked her to clarify the difference between as -of -right FAR and
variances because the audience is mixing them together. City Planner Hasbun said this entire
project has provided more than 1.4 million square feet of FAR, they have not gotten to that
point yet. City Attorney Ottinot said they are within Code with respect to FAR. City Planner
Hasbun said they have the right to build 1,428,000 square feet and at this point with the
increase they are requesting tonight they are at 1,305,000 square feet. Mayor Edelcup said the
only variances we are talking about are setbacks. City Planner Hasbun said the variance is an
increase of height on the office building, the average height on the three phases on the
setbacks on the two (2) residential towers. Mayor Edelcup said right, and the height being the
12 feet on the office building.
Attomev Helfman clarified that then are not seeking a variance of FAR, we are not asking you
for any special approvals to make this project any bigger, we are within the permitted density
and intensity on this project. There is not a single additional residential unit. We are asking
for those variances of setbacks, we understand the concern with the zero setback, we share
your concern, it is not our choice to be in this situation. We have some environmental
concerns with respect to the waterfront in the back that causes us to have to request it and they
understand that staff is recommending that the Commission deny it. With respect to the office
building, again, it is approved and it is completely within your Code, the FAR is permitted,
the issue is 12 feet of height. Mayor Edelcup said if we were to follow staffs
recommendation, the only variances that we are talking about are the height variance, the 212
average or the 152 feet for the office building, and what side setbacks or front setbacks, any?
City Attorney Ottinot said that staff is not recommending any setback variances. Mayor
Edelcup said so the only thing we are looking at is if we are to follow staffs recommendation
is for just the height variance, and City Attorney Ottinot said that is correct.
Commissioner Levin said there is only going to be one place for egress and ingress for the
office building, is that correct? Architect Castineira said yes, and Commissioner Levin said
that will go onto Collins Avenue and that means all the traffic is going to be going
southbound, where are they going to be able to turn around if they want to go north? Mayor
Edelcup and Commissioner Scholl said Atlantic Isle where they will make a u -turn. Architect
Castineira said we purposely avoided having any entrances from Sunny Isles Boulevard
because it gets real close to the intersection. FDOT does not allow certain distances, and it
creates much more congestion at the intersection and by coming around that alleviates
anything from the intersection and the Traffic Report backs that up. It does not create any
more congestion in the intersection and then people enter from Collins Avenue which is a
much easier way to come in and to leave. He also noted that there is definitely a concern on
how do you build that and what sort of impact it has while you are building it. We
Summary Minutes: Regular City Commission Meeting October 17, 2013 City or Sunny Isles Beach, Florida
specifically work with engineers. He noted a rendering and pointed out a double row of
columns all along the edge and that is to have this whole part of the building here be built
after the tower and which will allow us to have the cranes, the construction maneuvering and
all that set up within the lot, not on Sunny Isles Boulevard. Just doing that we ran numbers of
over $1 Million extra cost to the building. That again is something that is being done to
alleviate a problem and to make sure it brings the least amount of disruption to the
intersection. Keep in mind that this is a small building and will get built in less than a year.
Vice Mayor Aelion asked what is the distance between the exit side of the building on Collins
Avenue to the first u -turn to go north, and he heard someone say about 1.000 feet. Architect
Castineira said he doesn't have the exact number as he doesn't have the map, and this also
gets reviewed by FDOT. Vice Mayor Aelion said as far as the variances that are being sought,
granted the 8 to 13 -story difference, may give a perception of a 40% increase in story height.
However, when one looks at the height in the variance which is the objective look of 12 feet
in height compared to the 140, it is only an 8% increase in height. As far as the visual and
effective look on the building there isn't much change even though the perception is an extra
five stories high, it is really an 8% increase in height. He was a little conflicted with the
decision between these variances, the concerns that were voiced here with the residents of
Oceania and also the fact that these variances do not impact so much the architecture of the
mitigated look of it. It has a feature to the general look of our City which the architecture is
beautiful, it brings the flavor of Coral Gables into our City and it is a yen, beautiful rendering.
Commissioner Gatto asked for a clarification on the additional foot, it is per floor which totals
12 feet, is that correct? Architect Castineira said right, that adds to the math that ultimately
brings it to Class "A" status. Commissioner Gatto said she sees this whole process as both a
science and an art. She does not see it just as science, and she is not looking at it just from a
numbers standpoint. It is important not to tie the hands of the artist, in this case the
architecture, if it somehow compromises the aesthetics of the building. It is a fine balance
that you have to personally analyze because you are making important decisions. In this
particular instance she finds that 12 additional feet is negligible and she understands all the
issues of quality of life. Once you get the science down, the aesthetics is also very important.
Mayor Edelcup said if we go with staff recommendation to deny the two variances that other
agencies have requested, where does that put the project since we will be at odds with some
other agencies? City Attorney Ottinot said the only decision the Commission has to make
tonight is the decision based on the Zoning Code. Regarding the other agency action, that
ultimately has to be done by the agency. The Commission just has to apply the law that
applies to this Application. Mayor Edelcup said the only reason he is raising it is because it
came to us first before some other agency has acted on it. Architect Castineira said with the
other agencies, there are slight modifications to the rear of the building on the towers on the
west side that will accommodate their needs. At the same time we have the City's boardwalk
requirements, we have the Shoreline requirements, and we have the Water Management
requirements with the mangroves. We are confident that we will be able to work out a
solution and still move forward. Commissioner Scholl said it seems to him that if we deny
the setbacks it gives them ammunition to go back to the other agency and then they can work
it out, and if the other agency balks, they are going to come back to us. Architect Castineira
said they put together a very extensive presentation to show them. The space that we have
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Summary Minutes: Regular Ciw Commission Meeting October 17, 2013 City of Sunny Isles Beach, Florida
there is at a minimum and Nye have used it to the fullest to meet their needs.
Mayor Edelcup asked the City Planner to clarify for Loretta Mufson the TDRs as to how many
they own and how many they are buying from the City, this request covers just this building.
City Planner Hasbun explained that there is only one resolution that covers the 100.220 but
there is only one assignment of TDRs. The Applicant owns two private TDR bank accounts.
one is for 32,000 square feet; and the other one is for 29.000 square feet. They are buying
from the City 38.000 square feet and so that is the total of the 100.000 but it is only 100.000
and the 224 is being assigned to the site.
Mayor Edelcup reminded the Commission that when they make a motion, it would be for the
denial of the two setback variances. City Attorney Ottinot said the motion could be basically
to approve the Application based on staff recommendation which is to approve the height
variance but not the setback variances. Commissioner Scholl said that staff said it may be
justified and that it is up to the Commission. Mayor Edelcup said what we are really looking
for is a motion that would deny the setback variances and would permit the height variances,
and City Attorney Ottinot said that is correct.
Commissioner Scholl said for the record that art can conform and Architect Castineira does
beautiful work and he is happy we have a developer that has a large site and keeps the
continuity along Collins Avenue but he is back to the same issue. The issue here is that the
original approval was for 8 stories and now it is 13 stories but the height limitation was 140
and so the 13 goes over the 140 by 12, we are getting apples and oranges there. But it is not
about the building for him, hejust feels that. again. Nye have LDRs and we can design within
those constraints if we want to. If we believe that our Commission is going to indulge us with
commercial arguments, not engineering arguments. we are going to design with those
commercial arguments in mind. If we want to do that, that is up to us but he thinks then what
we should do is, the nest time we go to design LDRs, Nye should probably scale them back
about 10% or 15% because we know we are going to get bit up every time a developer walks
in here and makes a zoning application. Again, he does not blame the developers, they are
responding to what they see that happens on this dais the types of approvals that we make.
We either take a position that we are going to live within our LDRs unless there is reasonable
constraint. Sometimes these lots are whacky and like Architect Castineira pointed out you
don't always have the architectural constraints in mind. But a height variance has very little to
do with it. There is no building above them that is preventing them from building at a certain
height and so the height variance is a completely different matter.
Mayor Edelcup said he agrees with Commissioner Gatto that the aesthetics of a building is
very important. In this particular issue, the FAR is all within an as -of -right so that we are not
increasing the density of this building, all we are doing is modifying the height by 12 feet.
The apartments got bigger but there are not any more apartments, they are just larger
apartments. The number of people is not changing significantly as to how many people would
have been in those buildings had we not enlarged those apartments, you are talking about
5,500 square feet over 200 units. He does not see the things that would be concerning us to
the effect on traffic, it hasn't changed one way or another, and the only thing that we have
changed is a minimal height adjustment. He thinks it completes the streetscape on Sunny Isles
Boulevard. and is a beautiful addition to what is now on Sunny Isles Boulevard. He is very
Summary Minutes: Regular City Commission Meeting October 17. 2013 City of Sunny Isles Beach, Florida
pleased with the way the concept of Sunny Isles Boulevard has finally evolved from what it
was back in 1997 when we incorporated to where we are today. He thinks we will be very
proud of what currently exists on Sunny Isles Boulevard which is a greater increase in the
quality of life for the people who are living here.
City Attorney Ottinot reiterated that the motion was to approve the Application with the
height variance and deny the setback variances.
Commissioner Gatto moved and Vice Mayor Aelion seconded a motion for approval,
subject to staff conditions. Resolution No. 13 -Z -137 was adopted by a roll call vote of 4-
1 (Commissioner Scholl against) in favor.
Vote: Commissioner Gatto ves
Commissioner Levin ves
Commissioner Scholl no
Vice Mayor Aelion ves
Mayor Edelcup ves
[City Clerk's Mole: Related Items 1011 8 101 were heard after Item 6A. ]
6B. Request of Dezer Office Tower for the Property Located at 18080 Collins Avenue. to
Consider the Following: (Hearing M013 -02)
The Applicant is requesting site plan approval for a 17 -story office /commercial building with
a total of 146,250 square feet of Floor Area Ratio (FAR). The Applicant is requesting a
Transfer of Development Rights (TDRs) in the amount of 33,750 square feet from private
TDR Bank accounts. The Applicant is also seeking approval for interior side setbacks (north
and south) and front setback (tower and penthouse) variances.
1. Pursuant to Section 265 -18 of the City of Sunny Isles Beach Land Development
Regulations; the Applicant is requesting Site Plan Approval for a 17 -ston
office /commercial building with a total FAR of 146,250 square feet.
2. Pursuant to Section 265 -23 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting to approve the utilization of TDRs from a private
TDR Bank account in the amount of 33,750 square feet of development rights for the
office /commercial building.
3. Pursuant to Section 265 -15 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a variance to permit a north pedestal side setback
to be S -0 ", where a minimum of 10' -0" is required within the Business Overlay District
under Section 265 -38 E.(5)(c) of the Land Development Regulations.
4. Pursuant to Section 265 -15 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a variance to permit a south pedestal side setback
to be 5 °- 0 ", where a minimum of 10' -0" is required within the Business Overlay District
under Section 265-38 E.(5)(c) of the Land Development Regulations.
5. Pursuant to Section 265 -15 of the City of Sunny Isles Beach Land Development
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Summary Minutes: Regular City Commission Meeting October 17, 2013 City of sunny Isles Beach. Florida
Regulations, a variance is required to permit a tower to be 124' -2" from the front property
line, where a minimum of 130' -0" from the front property line is required within the
Business Overlay under Section 265 -38 E.(4)(d)[1] of the Land Development
Regulations.
6. Pursuant to Section 265 -15 of the City of Sunny Isles Beach Land Development
Regulations, a variance is required to permit a penthouse to be 201' -3" from the front
property line, where a minimum of 230' -0" from the front property line is required within
the Business Overlay under Section 265 -38 E.(4)(d)[11 of the Land Development
Regulations.
7. Pursuant to Section 26> -63.3 (G) of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting the use of graphics and murals on a temporary
construction fence.
Protests 0 Waivers 0 Ex Parte 0
Action: [City Clerk's Note: This item was heard after /rein 5A.] Mayor Edelcup gave
opening remarks on zoning procedures /decorum. City Clerk Hines read a disclaimer for the
Zoning hearing, and administered the oath to witnesses. She then read the applicant's name,
location, hearing number, and asked if there were any ex -parte disclosures from any member
of the City Commission, and there were none. City Planner Claudia Hasbun reported noting
the location of this project is adjacent to the Government Center. She said at this time staff
has no objection to this application provided that all conditions as stipulated are satisfied.
Public Speakers: Warren Stamm, Esq.; Paul Slattery; Gil Dezer: Caridad Kremen; Arlene
Koenig
Warren Stamm, Esq. representing the Applicant, introduced Paul Slattery of the Architectural
Firm of Slattery & Associates who is going to address the technical components to the project.
You will also be hearing from Gil Dezer who is the Principal of Dezer Universal, LLC, the
owner /developer of the Dezer Office Tower. They have envisioned and created a 17 -story
office complex which will house a street -level retail banking and financial establishment, with
nine (9) floors of parking, and eight (8) floors of office space, with a total FAR of 146,250
square feet. In order to achieve this they are also requesting 33,364 square feet of TDRs
which they have on deposit with the City. Their submittal was for 33,750 TDRs but due to
adjustments to the design and conformance with City Code and the staff recommendation.
they were able to reduce this number to the requested 33,364 square feet.
Mr. Stamm said they are requesting a variance for side setbacks on the north and south side of
the property as well as the front side setback on the east. He said the variance requested for
the north pedestal side setback; we are requesting a 5 -foot variance in lieu of the current 10-
foot setback. This variance is necessary in that the property which is adjacent to us on the
north sits 1.5 feet from our property line. This is the rear section of the RK Plaza complex
and it runs from eastern to westerly direction and it runs the length of the property. There is
no public access to this area nor is there any ingress or egress by any of the tenants that are
located in the commercial project next door. By granting this request, there will not be any
impact to the public nor to the businesses operating within the complex. By permitting this
variance we will create a non - access dome which will be gated and fenced where the office
Summary Minutes: Regular Ciw Commission Meeting October 17, 2013 Cin. of Sunny Isles Beach, Florida
tower and the RK Plaza buildings align. They will also install landscaping and a buffer where
the ground level parking and the open space abut the RK Plaza building. This will further
secure the area and mitigate any potential issues that may arise. The same request is
applicable to the south side of their project which they are also seeking a 5 -foot variance
because right now where the Government Center sits it encroaches within its setback and so
effectively you have the buildings which are contiguous to each other but they are extremely
close. We will be creating a gate walkway and pedestrian access which will directly benefit
the residents which are on Atlantic Boulevard to the west, this will allow them to traverse in
east/west corridor from Atlantic Boulevard to Collins Avenue rather than having to walk
through the parking lot of the Government Center. This paved walkway is going to be lighted;
landscaped, and it is going to provide both decoration and security.
Mr. Stamm said that they are also seeking necessary variance to the current front property
setback on Collins Avenue side to permit a front setback of 124.2 feet rather than the currently
required 130 feet. This variance is necessary to accommodate additional FAR required to
properly construct and operate the building. Due to the configuration of the property next
door, which is commonly called the Alamo property, the angle of the property has to be
accommodated to provide for a public elevator as well as public stairwell access to the
property going from the ground floor all the way up. Finally, they are seeking a variance to
permit the horizontal or top of the building to be 201 feet 3 inches from the front property line
rather than the required 230 feet. This variance is necessary to accommodate the proper
construction and symmetry of the building and again, these variances do not interfere or
impact with the adjacent property or the site line along Collins Avenue. During the
construction and development, they will be installing a temporary fence around the property
and they will provide professional graphics and murals depicting what the building is going to
look like. It is going to compliment the additional signage that is located within this area.
Mr. Stamm stated that not only does this project provide our community with a Class "A"
office space but it also compliments and expands the current City Center Concept and plaza
out front which benefits all the residents. We are going to be providing 508 parking spaces,
not only for the tenants and patrons of the office complex but also they are going to be able to
serve the general public. There is going to be easy and accessible access to the parking as
well as pedestrian access to the elevators as well as the stairwell. They have conducted a
traffic study and it was determined that the surrounding roadways can accommodate the
anticipated increase in traffic without a change in service and there will not be any negative
impact on the surrounding roadways. He knows that is a concern to not only the residents on
Atlantic Boulevard but also with a lot of the accommodations for the school and for other
businesses that are around. We were very cognizant of how our parking and the additional
cars that may be traveling in and out of the building during office hours would impact the
residents on the west side. and the traffic study determined that it is not going to.
Architect Paul Slattery gave a power point presentation and displayed a 3 -D model of the
project. There will be vehicular access both from Collins Avenue as well as Atlantic
Boulevard from east to west. There are a number of commercial components on this site. one
facing Collins Avenue is a one -story branch bank. As you enter the bark there is a drive -
through, access to the parking garage, there is a lobby at this location for the upper level
medical offices, and the main lobby to the office building above. The pedestrian walkway
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Summay Minutes: Regular City Commission Meeting October 17. 2013 City of Sunny Isles Beach. Florida
will take you from the west. Atlantic Boulevard, through the site and arriving at the Plaza that
currently exists in front of the City Commission Chambers. The shape of the building echoed
the round shape of the Commission Chambers, and they extended the paved and landscaped
plaza area to the north onto their property to create connectivity between the sites. The second
floor is the first level of nine (9) levels of parking. on the tenth floor is the first level of office
space. To the east of the office space are a rooftop garden, benches. trellises, and landscaping
all viewing the ocean to the east overlooking the roof of the three -story section with the bank
and the medical office building. Floors I 1 through 17 are the typical office floors. It is a
contemporary building that blends very well with the surrounding buildings.
Gil Dezer said they plan on moving forward in an expeditious manner, and funding for this
site is underway. Mayor Edelcup opened the public hearing. Gil Dezer answered questions
including the beginning date for construction if this gets approved which will be
approximately one year from today. There are several other agencies that they will need to get
permits from, after which it will take 18 to 20 months to construct. The main entrance is off
from Collins Avenue, there is also an exit there, the Atlantic Boulevard side will not be used
as an entrance but rather just as an exit. Also. the walkway will alleviate the foot traffic
coming across in the parking lot right now specifically kids going from the school to the
Library can now have a safe and easy access. Arlene Koenig said as the City grows, quality of
life issues become very important, in terms of noise, traffic, landscape, pedestrian safety, and
while there are studies like the FDOT study, she is skeptical because she knows these studies
can be based on criteria of a result that you would like to achieve. She asked that the residents
and the Dezer Group work on these quality of life issues so we can overcome any challenges
that may occur. She is concerned because of the expanded school and what goes on during
dismissal time, same as in the Publix parking lot. She asked for a copy of the FDOT study.
Commissioner Levin asked about the 10 -foot easement between Government Center and the
project, there will be two tall concrete walls, how will you provide security? Mr. Stamm said
we are going to provide the proper landscape and lighting but the way the building is
configured, it is not necessarily walls. It is fairly open, there is parking on those levels that
would directly impact the pedestrian traffic going easdwest. Mr. Dezer said there is a
driveway that drives through on the south side, on the north side there is going to be a tight
passageway that we are going to fence off. It is an open breezeway. Commissioner Levin
asked why they need a 29 -foot variance for the third level of the tower? Mr. Dezer said office
buildings work specifically on what is known as a perfect grid pattern which is required by the
office market who dictate to you how big, how far apart they are willing to accept columns,
etc. in order to fit the square footage of the building. We could have done more of a birthday
cake but it wound up actually creating more of a shadow on the west side and so we actually
moved the tower a bit closer to Collins Avenue by about 33 feet and therefore were able to
createjust a simple box on top of a pedestal. Commissioner Levin said she realizes that the
inside space will be configured depending on the tenants that you have but given the size of
the building, what is the occupancy you would expect in a building of this size? \'ir. Dezer
said he has a tentative viewing place with a major bank for the front of the building, and that
occupancy would be 300 per square foot, and we have 145,000 square feet which comes to
400 to 500 people. Commissioner Levin said she was thinking along the terms of the traffic
study, the number of cars that are coming in, how many potential cars could we have coming
and going out of this building? Commissioner Scholl noted there are 500+ parking spaces in
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Summary Minutes: Regular City Commission Meeting October 17, 2013 City of Sunny Isles Beach, Florida
the garage. Architect Paul Slattery said they have an occupancy of a little over 400+ guests
arriving at the building and so the full time occupancy will be just a little over 400.
Commissioner Scholl asked the City Planner about the staff report which says setback
variances requested may bejustified due to the depth and shape of the lot, what does "may be
justified' mean? City Planner Hasbun said it may bejustified because the actual occupant is
not creating the shape and the form of the lot but ultimately it is the Commission's decision if
they would like to approve the variances or not. Commissioner Scholl said then that the
building cannot be built without the variances, and you are saying that the lot may or may not
justify the fact that the variances are being requested. and City Planner Hasbun said correct.
Vice iviayor Aelion asked about the rooftop garden, it is going to be only trees and planters, no
water features? Mr. Dezer said no water features; we wanted to give a space for people to
have a cafe within the building and that is mainly to be used as an outdoor seating area. The
idea of it was because of the zoning and required setbacks we wound up with a space there,
and he would not want his tenants looking down on a blank roof. Vice Mayor Aelion also
asked about the exit on Atlantic Boulevard on the issue of the school, is there going to be an
exit on that side for the office building? Mr. Dezer said it is not an exit only. there is an
entrance there as well. We feel from a practical standpoint that everyone will be using the
Collins Avenue entrance. As you would normally go to Tony Roma's and City Hall you
would not go through Atlantic Boulevard, you come off of Collins Avenue. Attomey Stamm
said it is to compliment the flow of traffic, not to induce people, you are moving cars. Mr.
Dezer said we are moving cars, and part of it; ..fiat Commissioner Scholl stated, about the
width and the reason for needing that extra width of the building is because there is not
enough room without that width to physically turn a car around and go up the next ramp. To
put a turnaround in there to send them back up to Collins Avenue is nearly impossible if we
want to keep a modest size lobby. City Planner Hasbun clarified for the record that the Traffic
Analysis Impact Study was done by a private company. Enter Traffic, LLC.
Commissioner Gatto said she thought there were two, egress; ingress on Atlantic Boulevard.
did that change to one? She thought there was going to be an in and out on the north side and
on the south side. Mr. Dezer said no, one is a service exit, and so it is not really an egress, it
is on the plan. It will primarily be used early in the mornings to get the garbage out, etc.
Commissioner Gatto asked how early in the morning because of the school issue. and Mr.
Dezer said it is a service company and so they can organize garbage pickups at any time. If
that is a concern of the neighbors they can have it picked up at 6:00 -7:00 p.m.
Commissioner Gatto said her next question has to do with public parking, did she hear that
there was going to be a dedicated elevator open just on the weekends for people to come in
and use for parking to shop and go to the beach? Architect Slattery said yes there is a separate
elevator for access from the public only; and it is located toward the east end of the building
by easy access from the pedestrian walkway toward the south/east side of the building and is
adjacent to the paved walkway that brings you from Atlantic Boulevard all the way out to
Collins Avenue. Commissioner Gatto asked if there area limited number of spots that you are
dedicating for that on the weekends or is the garage open entirely to anyone? Mr. Dezer said
it is going to be open entirely but there is going to be a small fee to go in. The garage will not
be used on the weekends by the tenants of the office building, and so we don't mind if the
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Summary Minutes: Regular City Commission Meeting October 17. 2013 City of sunny Isles Beach. Florida
residents come in and park. Commissioner Gatto said you will be charging for parking, and
Mr. Dezer said correct, along the same lines of what the City is charging.
Commissioner Gatto said she was curious about the staging when you start construction as she
knows it is a tight spot and she asked if they had anv ideas of how they are going to stage
cranes. trucks. etc.? Mr. Dezer said not vet, this is a conversation that we will have with the
General Contractor ( "GC ") but as you can see on the rendering, the building in a way is
actually two buildings in of itself. You have the small section in the front which is the bank
center, and then you have the garage and the tower, and so they can be started at different
times. The pilings will go in at the same time but the front part of the building can be started
at a later date and so it gives you the front area to do staging, and once the building is going
up we don't need it. Commissioner Gatto asked if he had an idea of what bank may be going
in there, and Mr. Dezer said they had Citi Bank involved, and it is kudos to Sunny Isles Beach
that every single bank wants to have a branch right here on Collins Avenue because of the
vision of the City in allowing us to build these big buildings and bringing in the clientele that
the banks want.
Mayor Edelcup said he would like them to work with our City staff as it relates to the parking,
and also to the situation on Atlantic Boulevard. He knows that the rear entrance that is there,
even though you want them to use Collins Avenue, you also indicated that some people will
be trying to use Atlantic Boulevard. From 8:00 to 9:00 in the morning, and at 3:00 in the
afternoon, that street is basically closed off. He does not want to be sitting here. and he
doesn't want the next Commission to be sitting here a year from now trying to figure out how
this is going to work together. We need to have something like a `operating policy" come
together that would include our City Manager, our Police Department and probably
encompassing the School Principal. The School was the first one there and the priority is for
the school traffic to get through there. He does not want to be in a situation later trying to
redirect the flow of traffic to accommodate the fact now that we have now built an office
building next door, and it impacts some other side street because we have to reroute school
traffic. He wants to state upfront that he does not ever want to consider rerouting the school
traffic and so we have to make that traffic a priority and the entrance on Atlantic Boulevard a
secondary with you, and whether that is an operating procedure or rules of parking in that area
he just thinks we need to address it now. Mr. Dezer said he agrees and because of that when
we designed the tower itself we looked at how the flow goes, and in 99 out of 100 cases,
especially between 8:00 and 9:00 a.m. when there will be the business owners and tenants
arriving, not necessarily their guests, but they will be coming off from Collins Avenue right
up the ramp to the parking and so there is no reason for them to drive through whatsoever.
Mayor Edelcup said that is what we are saying but the question is will they when the time
comes? Mr. Dezer said the way we are designing it, it is just for that and there would be no
reason for them to go through that traffic. Mayor Edelcup said right but he just thinks that we
need to develop that policy now so that we are not fighting that battle later on.
City Attorney Ottinot said what we can take from that is maybe a condition where the
Applicant agrees to work with the City Manager's staff on the parking egress solution with
respect to Atlantic Boulevard, especially in the morning, and that would be a condition. There
is one more condition that the Applicant has agreed to from our IT Director where if the
Applicant's building impacts our communications facility on the roof. the Applicant has
agreed to relocate it in a place designated by the City Manager or designee. City Manager
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Summary Minutes: Regular City Commission Meeting October 17, 2013 Cip of Sunny Isles Beach, Florida
Russo said that we are concerned over the north exposure for our W iFi and possibly for some
of the Police communications equipment but with their cooperation we can work that out.
Mr. Dezer said that is no problem, they will have plenty of roof to give the City.
Commissioner Scholl said a lot of times his neighbors will come to him and say why do you
let these big buildings get built and he always tells them we have regulations, we have LDRs.
and if they build within the encapsulated size of the LDRs then they have rights and a,e are
not going to take their rights away. It is not fair because they bought the property with our
Zoning Code in mind and with these rights in mind. The fact is that when it comes to
variances he looks at them pretty harshly. In this case he believes the side setback variances
make some sense because there are turning radiuses and things that make the property a little
bit less commercially viable but he has a hard time with the setback issues because as Mr.
Stamm has mentioned, it is nominal. If it is nominal their way why can't it be nominal our
way? These buildings can be designed within the LDRs and come in and ask for a minimum
set of variances based on the commercial constraints of that particular piece of property. But
in each case what happens is, and this is for both applications tonight, developers come in and
they want a little bit more; they want another 10% or 15% because it makes the building more
commercially viable but ultimately we then deviate from our LDRs even, time we do that.
And so he is a bit of a purist and sometimes it benefits the developer and sometimes it goes
against the developer, and unfortunately tonight it is going to go against these developers. For
that reason he believes the building can be built within the constraints of our LDRs on that
particular site and still be commercially viable. He completely agrees with the Mayor on
Atlantic Boulevard, again that is the constraint to the site. The site has egress and ingress on
both sides, we have to figure out how to make Atlantic Boulevard safe for our school children.
He would advocate maybe disallowing ingress to the property in the back during school hours
morning and afternoon because ultimately he knows himself that he does not always come off
from Collins Avenue. If this gets approved, he would encourage staff to come up with a
pretty strong form of mitigation to try to alleviate that traffic on Atlantic Boulevard to keep
the school children safe.
Commissioner Gatto said she uses Atlantic Boulevard a lot to come to City Hall and to do
some shopping at Publix. She is worried about not only the 508 parking spaces but the
weekend use of the parking spaces as well where we will have to be dealing with people that
want to come in and shop and go to the beach. She is all for a business building but she was
hoping that they could make this more neighborhood friendly and possibly think about scaling
down a bit, maybe giving some open spaces in the plaza area back to the community. The
variances are negligible but it is a very daunting project for this area. She is not sure they
understand the impact of going up and down that street especially when school is out and
there are staggered hours with the school depending on what day it is.
Mayor Edelcup said his own comments echoes somewhat of Commissioner Gatto's and
maybe one of the things we can get the developer to reconsider is to not have that as public
parking and that it would be available strictly for people using the building and /or your hotel
across the street. Mr. Dezer said they saw it as a benefit to the residents of the City and if the
Commission does not see it as a benefit, there is no problem not doing it as they were actually
doing it as a bonus to the City. The reason for the 508 spaces is because of the Ordinance they
were following. In answer to what Commissioner Scholl said earlier, the City and the LDRs
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Summary Minutes: Regular City Commission Meeting October 17, 2013 City of Sunny Isles Beach. Florida
are not architects, they are giving you a space in the air; you need a few inches here and there.
When he said nominal it is not like what you gave to Chateau which eliminated a beach walk
which was the vision of the City by Mayor Samson, Nye started having those beach walks
between the towers for the residents. Here we are adding something for the residents. a
quality bank, a quality building-, and a place where you can actually go to work and not leave
the City, and parking on the weekends if you want it. If you don't want it they have no
problem shutting it down, it is not a profit center for them.
City Attorney Ottinot said since the Applicant has proffered that they will restrict the parking
use to tenants of the building, we will put that in as a condition. Mayor Edelcup said this is a
good start for our City to have a prime office building here. A Class "A" office building has
been sorely needed in our City, and it will help bring people to the City. It has been said by
the developers that they will be able to live and work in the City and that will help businesses
within our City since these people will be working and available and at lunch time to use other
facilities in the City. Having a prime bank in this City is also a plus for us and if we can work
out the Atlantic Boulevard situation for traffic he does not see any reason not to approve this
building and start on the path of having a good base for office people to be able to come and
use our City,. As we know, we do not have any other industry in our City other than tourism
and the businesses that support tourism, it would be nice to have a second level of business in
our City and the activity that it brings and that would be in the area of offices. Certainly we
are never going to have manufacturing or heavy commercials and so office structures would
be the ideal secondary source of activity for people living and working in our City.
City Attorney Ottinot restated the additional three (3) conditions: 1) The Applicant is to work
with City staff; 2) Limit ingress to Atlantic Boulevard, and the Applicant will be responsible
to relocate if it impacts as the City Manager indicated at his or her expense; and 3) make sure
that the parking is used by the tenants and customers of the building.
Vice Mayor Aelion moved and Commissioner Levin seconded a motion for approval,
subject to staff conditions, as amended. Resolution No. 13 -Z -138 was adopted by a roll
call vote of 4 -1 (Commissioner Scholl against) in favor.
Vote: Commissioner Gatto ves
Commissioner Levin ves
Commissioner Scholl no
Vice Mayor Aelion ves
Mayor Edelcup ves
[City Clerk's Atote: The Commission took a five - minute break, and then heard Item 6.4.]
7. ORDINANCES FOR FIRST READING
7A. Public Hearing:
An Ordinance of the City Commission of the City of Sunny Isles Beach. Florida. Amending
Chapter 265 "Zoning" Section 265 -38 of the City Code to Establish Gaming Facilities and
Bingo Halls as Conditional Uses within the "Business Overlay District ": Providing for
Severability; Providing for Repeal of Conflicting Provisions; Providing for Inclusion in the
Code; and Providing for an Effective Date.
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summary Minutes: Regular Ciq Commission Meeting October 17, 2013 City of Sunny Isles Beach. Florida
Action: [City Clerk's Note: Item 7A was heard after Item 101, and the remainder of the
agenda was heard in order.] City Clerk Hines read the title, and City Attorney Ottinot
reported noting that the purpose of this Ordinance is to require Commission approval of any
gambling/gaming facilities or bingo halls as a Conditional Use.
Public Speakers: None
Vice Mayor Aelion said the legislation passed a bill prohibiting the use of gaming facilities.
and so how does that set with this. Mayor Edelcup said he is the sponsor of this Ordinance
and what he is trying to do is to give the Commission the opportunity from now on and into
the future to determine whether or not it is advisable to permit gambling halls, bingo halls;
and everything that falls under gaming. Right now up until a couple of weeks ago we had
one grandfathered in, they left the area and that place has been released to somebody else
with a different kind of business. He thought it would be appropriate to put it down for a
conditional use so that in the future should some opportunity arise that somebody wants to
bring gambling, bingo halls or gaming to this area, that this Commission kept it within its
purview to decide whether or not it wanted it or not and this Ordinance permits this.
Commissioner Scholl said he agrees with the Mayor, and that this is a quality of life issue
and what we see at the State level is the legislation keeps getting abstracted for gaming and
so these types of uses could get abstracted along with the legislation. He agrees with the
Mavor to kick it back to the Commission and not putting staff on the spot to approve these
things that may be controversial. Vice Mayor Aelion said Florida law precedes, and City
Ottinot said this Ordinance is consistent with Florida law.
Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the
proposed Ordinance on first reading. The motion was approved by a roll call vote of 5-
0 in favor. Second reading, public hearing will be held on Thursday, November 21,
2013, at 6:30 p.m.
Vote: Commissioner Gatto
ves
Commissioner Levin
ves
Commissioner Scholl
ves
Vice Mayor Aelion
ves
Mayor Edelcup
ves
7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Ordinance No. 2013 -412: Amending the City's Budget No. BA1314 -02 for the 2013 -2014
Fiscal Year — General Fund, Street Maintenance 3 Construction Fund, Building Fund,
Capital Fund, 2011 Capital Fund, 2010 Capital Fund, and Stormwater Capital Fund;
Authorizing the City Manager to Do All Things Necessary to Implement the Terms and
Conditions of this Ordinance: Providing for an Effective Date.
Action: City Clerk Hines read the title, and Finance Director Audra Curts -Whann reported
noting the purpose of this Ordinance is to carryover the fiscal year end 2012 /2013 purchase
orders that were already in place into the 2013/2014 year for those goods and services that
were not completed but were obligated at the end of the fiscal year. They will take additional
time to complete and we anticipate most of those being completed in 2013/2014,
construction projects could take longer. This is the first of two Ordinances that you will see,
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Summary Minutes: Regular City Commission Meeting October 17, 2013
City of Sunny Isles Beach. Florida
the first one is for the purchase order carryovers, and upon completion of the closure of the
books we will have a second Ordinance that again will increase the appropriations for
carryover projects that may not have been obligated yet but will have to be carried over.
Public Speakers: None
Commissioner Gatto moved and Commissioner Scholl seconded a motion to approve the
proposed Ordinance on first reading. The motion was approved by a roll call vote of 5-
0 in favor. Second reading, public hearing will be held on Thursday, November 21,
2013, at 6:30 p.m.
Vote: Commissioner Gatto
ves
Commissioner Levin
ves
Commissioner Scholl
ves
Vice Mayor Aelion
ves
Mayor Edelcup
ves
7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida; Amending
Chapter 129 of the City Code Entitled "Communication Facilities" to Prohibit the
Installation of Wireless Telecommunication Antennas or Facilities on the Exterior Nall
of any Building or Structure; Providing for Severability; Providing for Repeal of
Conflicting Provisions; Providing for Inclusion in the Code; and Providing for an Effective
Date.
Action: City Clerk Hines read the title, and City Attomey Ottinot reported the purpose of the
Ordinance is to close the loophole with respect to installation of telecommunication facilities
on rooftops.
Public Speakers: None
Commission Scholl asked about satellite dishes, and City Attorney Ottinot said that is a
separate Ordinance that we have on the books. Satellite dishes are permitted within a certain
area of the balcony, they just can't be installed outside the permitted areas. Commissioner
Scholl asked if existing facilities are grandfathered in, and City Attorney Ottinot said ves,
this is going forward. Vice Mayor Aelion said the purpose of this is an objective purpose or
an aesthetic purpose. and City Attorney Ottinot said it is primarily an aesthetic purpose.
Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the
proposed Ordinance on first reading. The motion was approved by a roll call vote of 5-
0 in favor. Second reading, public hearing will be held on Thursday, November 21,
2013, at 6:30 p.m.
Vote: Commissioner Gatto
ves
Commissioner Levin
ves
Commissioner Scholl
ves
Vice Mayor Aelion
ves
Mayor Edelcup
ves
PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
IE
Summary Minutes: Regular City Commission Meeting October 17, 2013 City of Sunny Isles Beach, Florida
9. ORDINANCES FOR SECOND READING (Public Hearings)
9A. An Ordinance of the City Commission of the City of Sunny Isles Beach; Florida; Granting
to Peoples Gas System, a Division of Tampa Electric Company, a Florida Corporation
and its Successors and Assigns, a Non - Exclusive Natural Gas Franchise Agreement to
Use the Public Rights -of -Nay of the City of Sunny Isles Beach, and Prescribing the
Terms and Conditions Under which Said Franchise May be Exercised: Making Findings:
Providing for Acceptance: Providing for Severability; Providing for an Effective Date; and
Repealing Prior Ordinance.
(First Reading 09/19/13)
Action: City Clerk Hines read the title, and City Attorney Ottinot reported.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to adopt the
Ordinance on second reading. Ordinance No. 2013 -413 was adopted by a roll call vote
of 5 -0 in favor.
Vote: Commissioner Gatto Ves
Commissioner Levin ves
Commissioner Scholl ves
Vice Mayor Aelion ves
Mayor Edelcup ves
9B. An Ordinance of the City Commission of the City of Sunny Isles Beach. Florida. Amending
Section 197 -18 of the City Code Relating to Revocation of Local Business License:
Providing for Severability; Providing for Repeal of Conflicting Provisions; Providing for
Inclusion in the Code; and Providing for an Effective Date.
(First Reading 09/19/13)
Action: City Clerk Hines read the title. and City Attorney Ottinot said this is a consumer
protection Ordinance sponsored by Commissioner Gatto which basically prohibits local
businesses from imposing a surcharge on the use of credit cards.
Public Speakers: None
Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to adopt the
Ordinance on second reading. Ordinance No. 2013 -414 was adopted by a roll call vote
of 5 -0 in favor.
Vote: Commissioner Gatto Ves
Commissioner Levin ves
Commissioner Scholl Ves
Vice Mayor Aelion Ves
Mayor Edelcup ves
9C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida. Amending
Section 265 -53 of the City Code Requiring Property Owners to Install Visible Address
Signs on Vacant Lots and Construction Sites; Codifying the Requirement for Visible
Address Signs for Properties Located Adjacent to Natenvays: Providing for
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summary Minutes: Regular City Commission Meeting October 17, 2013 City of Sunny Isles Beach, Florida
Severability; Providing for Repeal of Conflicting Provisions: Providing for Inclusion in the
Code; and Providing for an Effective Date.
(First Reading 09/19/13)
Action: City Clerk Hines read the title; and City Attorney Ottinot said this is a public safety
Ordinance that was requested by the City Manager and his staff requiring construction sites
and vacant lots to install visible address sign in order for the Police and Code Enforcement to
identifi, a property. V
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Levin seconded a motion to adopt the
Ordinance on second reading. Ordinance No. 2013 -415 was adopted by a roll call vote
of 5 -0 in favor.
Vote: Commissioner Gatto
L
Commissioner Levin
yes
Commissioner Scholl
yes
Vice Mayor Aelion
yes
Mayor Edelcup
yes
10. RESOLUTIONS
10A. A Resolution of the City Commission of the City ofSunny Isles Beach, Florida. Recognizing
October 20-26,2013 as City Government Week, and Encouraging All Citizens to Support
the Celebration and Corresponding Activities; Authorizing the City iYlanager to Do All
Things Necessary to Effectuate this Resolution: Providing for an Effective Date.
Action: City Clerk Hines read the title. and City Manager Russo reported we will do
everything we can to promote it and do some educational partnerships with it to make people
more aware of Government Week.
Public Speakers: None
Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the
resolution. Resolution No. 2013 -2122 was adopted by a voice vote of 5 -0 in favor.
1013. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida. Expressing
Support for the November 8, 2013 Parade Commemorating the 501h Anniversary of the
Vietnam War, Sponsored by the Miami -Dade County Military Affairs Board Welcoming
Home and Remembering Vietnam Veterans: 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 Manager Russo said this was a request of
the Miami -Dade County Military Affairs Board that is sponsoring this Parade.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2013 -2123 was adopted by a voice vote of 5 -0 in favor.
21
Summary Minutes: Regular City Commission Meeting October 17, 2013 City of Sunny Isles Beach, Florida
I OC. A Resolution of the City Commission of the City of Sunny Isles Beach. Florida, Approving
Change Order No. 3 to Agreement with Sports Turf One, Inc. for the Installation of
Artificial Turf at Town Center Park. in an Amount Not to Exceed S 198.712.00, Attached
Hereto as Exhibit "A', Increasing Contract Time by 122 Days; 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 City Engineer Helen Gray reported noting that
this will be the last Change Order as they have completed Gwen Margolis Park and Pelican
Community Park. They will start the first week in November and if all things go well, they
will be done by Thanksgiving. Vice Mayor Aelion asked what the warranty is on this type of
turf, and City Engineer Gray said eight (8) years.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2013 -2124 was adopted by a voice vote of 5 -0 in favor.
IOD. A Resolution of the City Commission of the City of Sunny Isles Beach; Florida, Approving
an Agreement Nvith Ric -Alan International, Inc. for Continuing Services for Small
Construction Projects for Fiscal Year 2013/2014, in an Amount Not to Exceed
$100,000.00; Authorizing the Mayor to Execute Said Agreement; 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 City Engineer Helen Gray reported noting that
we are utilizing a line -item contract with Ric -Man.
Public Speakers: None
Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2013 -2125 was adopted by a voice vote of 5 -0 in favor.
10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the New Deed of Conservation Easement to the South Florida Water Management
District (SFWMD) in Order to Authorize the Construction of an Emergency Pedestrian
Bridge Connecting North Bay Road between 172nd and 174'h Streets, Attached Hereto as
Exhibit "A "; Authorizing the Mayor to Execute Said Easement; Authorizing the City
Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution:
Providing for an Effective Date.
Action: City Clerk Hines read the title; and City Engineer Helen Gray reported that SFW11'4D
decided they would like an additional Conservation Easement area.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2013 -2126 was adopted by a voice vote of 5 -0 in favor.
22
Summary Minutes: Regular City Commission Meeting October 17. 2013 City of Sunny Isles Beach, Florida
10F. A Resolution of the City Commission of the City of Sunny Isles Beach. Florida. Ratifying
the Purchase of Two (2) Ford F150 4x4 Trucks and Associated Equipment from Duval
Ford Fleet Sales for Use by the Parks Division, in an Amount Not to Exceed 542,072.00;
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 Cultural and Community Services Director
Susan Simpson reported.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2013 -2127 was adopted by a voice vote of 5 -0 in favor.
10G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida. Confirming
the Balance of Transfer of Development Rights ( "TDRs ") Currently Held in the TDR
Bank Accounts by the City of Sunny Isles Beach and Private Owners. Attached Hereto
as Exhibit "A "; Requiring Yearly Updates for TDRs Bank Accounts; 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 Planner Claudia Hasbun reported noting an
amendment on page 4. No. 1 private bank that belongs to Abus. LLC, Mr. Grooskopf, it
needs to be reduced to 76,232 square feet, and 39 units. This is due to Mr. Grooskopf selling
to Jade Signature 22.000 square feet and 11 units.
Public Speakers: None
Commissioner Scholl asked why we are confirming this, and Mayor Edelcup said he had
asked staff to prepare once a year a complete update on the TDR Bank Accounts.
Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the
resolution, as amended. Resolution No. 2013 -2128 was adopted by a voice vote of 5 -0 in
favor.
10H. A Resolution of the City Commission of the City of Sunny Isles Beach. Florida, Authorizing
the Transfer of Development Rights ( "TDRs ") in the Amount of 100,220 Square Feet of
Floor Area and 47 Units to St. Tropez Beach Developers, LLC. et al. for the Property
Located at 290 -330 Sunny Isles Boulevard and 16690 Collins Avenue from the City's TDR
Bank Account and a Private TDR Bank Account; Directing the Zoning Administrator or
Designee to Transfer the TDRs from the City's Bank Account and Private TDR Bank
Account in Accordance with Zoning Resolution No. 13 -Z -137; Amending Resolution No.
2006 -959; Authorizing the Adjustment and Modification of the City's TDR Bank and of the
Private TDR Bank; Providing the City Manager with the Authority to Do All Things
Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: [City Clerk's Note: Item 1011 was heard after Item 6A.] City Clerk Hines read the
title, and City Attorney Ottinot reported. City Attorney Ottinot said this is a component of
2;
Summary Minutes: Regular City Commission Meeting October 17. 2013 City of Sunny Isles Beach. Florida
the Zoning Application in which the assignments are approved via Resolution by the Cite
Commission. Mayor Edelcup noted this establishes the price of $20.00 a square foot. and a
percentage of it is being paid up front. City Attorney Ottinot said that the City will receive
10% three (3) days from approval and the remaining balance will be paid prior to the
issuance of a Building Permit. Mayor Edelcup said they are using from their own bank the
remaining TDRs that they already own. and City Attorney Ottinot said that is correct.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2013 -2129 was adopted by a voice vote of 5 -0 in favor.
101. A Resolution of the City Commission of the City of Sunny Isles Beach. Florida. Authorizing
the Assignment of TDRs in the Amount of 33.364 Square Feet of Floor Area and Zero (0)
Dwelling Units to Dezer Development LLC., for the Receiving Site Located at 18080
Collins Avenue; Directing the Zoning Administrator or Designee to Transfer the TDRs from
the Bank Account in Accordance with Zoning Resolution No. 13 -Z -138; Authorizing the
Adjustment and Modification of the TDR Bank Account; Providing the City Manager with
the Authority to Do All Things Necessary to Effectuate this Resolution:_ Providing for an
Effective Date.
Action: [City Clerk's Note: Item 101 was heard after Item 66. ] City Clerk Hines read the
title. and City Planner Claudia Hasbun reported noting that this Resolution is regarding the
Zoning Application. They are requesting to be assigned 33.364 square feet and they are
aware that the remainder of the 33.750 square feet cannot be used in any other property or
bank again. Mayor Edelcup said okay, so the difference between 33,364 and 33,750, that
400 square feet will die, it cannot be carried forward for anything, and City Planner Hasbun
said that is correct.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the
resolution, as amended. Resolution No. 2013 -2130 was adopted by a voice vote of 5 -0 in
favor.
[City Clerk's Note: The City Commission took a five- minute break. Item 7A was heard after
the break and the remaining agenda was heard in order. ]
101 A Resolution of the City Commission of the City of Sunny Isles Beach, Florida. Entering into
an Agreement with the Town of Golden Beach and its Police Department to Share Police
Reporting and Records Management Software and Information Technology Services
for a Period of Three (3) Years, Attached Hereto as Exhibit "A'; Authorizing the City
Manager and the Chief of Police to Execute Said Agreement; 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 Chief Information Officer Derrick Arias
reported.
Public Speakers: None
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summaq Minutes: Regular City Commission Meeting October 17. 2013
City of Sunny Isles Beach. Florida
Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2013 -2131 was adopted by a voice vote of 5 -0 in favor.
10K. A Resolution of the City Commission of the City of Sunny Isles Beach. Florida. Authorizing
the City Manager to Expend Budgeted Funds in an Amount Not to Exceed 534;000.00 to
Software House International (SHI), the Contracting Microsoft Affiliate for the Purpose of
Obtaining Microsoft Software Products for Fiscal Year 2013/2014, by Utilizing State of
Florida Contract No. 252- 001 -09 -1 and No. 252- 030 -09 -ACS: Further 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 Chief Information Officer Derrick Arias
reported.
Public Speakers: None
Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2013 -2132 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. Authorizing
the Purchase of Equipment from DELL Needed for Fiscal Year 2013/2014, in an Amount
Not to Exceed $85,900.00, by Utilizing State of Florida Contract No. 250- 000 -09 -1 and /or
No. 250 - WSCA -1 OACS: Authorizing the City Manager to Do All Other Things Necessary to
Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title. and Chief Information Officer Derrick Arias
reported.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2013 -2133 was adopted by a voice vote of 5 -0 in favor.
10.1. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida. Authorizing
the City Manager to Expend Budgeted Funds in an Amount Not to Exceed 559.000.00 for the
Annual Maintenance and Support with Sungard Public Sector, Inc. to Provide Technical
Support and Sofhvare Upgrades for the Police Department Computer System: Further
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 Chief Information Officer Derrick Arias
reported.
Public Speakers: None
Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the
resolution. Resolution No. 2013 -2134 was adopted by a voice vote of 5 -0 in favor.
25
Summary Minutes: Regular City Commission 61eeting October 17, 2013 City of Sunny Isles Beach, Florida
ION. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Resolution No. 2013 -2115 Approving a Charitable Contribution to Sunny Isles Beach
Social Seniors Events, Inc., a 501(C)(3) Charitable Organization, to Combine the First
Two Quarterly Payments into a One -Time Double Payment in an Amount Not to Exceed
$5,000.00 in Order to Assist in Establishing the Start-up Needs of the Organization;
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 Manager Russo reported noting this
Resolution was requested by Commissioner Scholl to provide for the one -time double
payment to the Organization. The officers agreed to not withdraw any salary compensation
for the first six (6) months.
Public Speakers: None
Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the
resolution. Resolution No. 2013 -2135 was adopted by a voice vote of 5 -0 in favor.
100. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida. Approving
an Agreement between the City of Sunny Isles Beach and Raftelis Financial
Consultants, Inc. for Services Relating to Special Assessment for Utility
Undergrounding for Collins Avenue, in the Amount Not to Exceed 530,000, Inclusive of
510;000.00 for Contingencies. Attached Hereto as Exhibit "A"; Authorizing the Mayor to
Execute Said Agreement; Providing the City Manager and the City Attomey 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 that the
Commission had approved a Capital Project to require undergrounding of utility lines on
Collins Avenue. The Commission has also asked staff to share a cost with the property
owners located on Collins Avenue. In order to share the cost we have to undergo a legal
process where we determine what is the benefit to the properties and a cost benefit analysis.
We have to hire a consultant to finalize and prepare a report in order to set up a Special
Assessment.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2013 -2136 was adopted by a voice vote of 5 -0 in favor.
I OP. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the First Amendment to the Lease Agreement between the City, of Sunny Isles Beach
and American Federated Title Corporation, in Substantially the Same Form Attached
Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said First Amendment; 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.
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Summary Minutes: Regular City Commission Meeting October 17, 2013 City of Sunny Isles Beach. Florida
Action: [City Clerk's Note: Item IOP and related Item ]OR here heard together.] City Clerk
Hines read the title. and City Manager Russo reported noting that this is changes to the prime
Lease that we made with Dr. Cornfeld to conform to the Sublease. The Sublease was done
with the intent of bringing Quarterdeck into the fold with a tri -party Agreement to require
them to make the payments to the City and to clear up a number of operating issues to move
this along quicker. The major changes are: we are going right to the higher monthly rent in
anticipation of Quarterdeck immediately applying for permitting for outdoor additional
seating: they are responsible to make the payments directly to the City; and there are also a
number of smaller changes. We have also agreed to provide up to $40.000 for further
changes as they will be making some substantial changes all to the positive that need to be
done. They seem to have a very successful model for this type of operation. Also, any items
dealing with trash is in the prime Lease, and Section 12.7 is deleted out of the Sublease. City
Attorney Ottinot said that Quarterdeck had requested that the City construct a trash
area/facility near Pier Park and the City Manager had indicated that the City will not accept
that obligation, as it is something that Quarterdeck can work out with Dr. Comfeld.
Public Speakers: None
Vice Mayor Aelion asked what the capacity is for the restaurant. and City Manager Russo
said about 240 seats. Vice Mayor Aelion asked about handicap access which he had already
discussed with the City Manager and this requires a variance on what was already decided for
entry fees into the Pier for fishing. He had calls from handicapped people with wheelchairs,
etc., and he thought it was not proper for them to pay to get into the Pier. City Manager
Russo said that issue has been resolved, and that is more related to the Management
Agreement with Dr. Comfeld.
Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the
resolution. Resolution No. 2013 -2137 was adopted by a voice vote of 5 -0 in favor.
10Q. A Resolution of the City Commission of the City of Sunny Isles Beach. Florida. Approving
the First Amendment to Perpetual Open Space Easement between the Ciry of Sunny
Isles Beach and Ocean Reserve Condominium Association, Inc. Relating to Heritage
Park, in Substantially the Same Form Attached Hereto as Exhibit "A"; Providing the Mayor
with Authority to Execute Said Amendment: 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 Hines read the title, and City Attorney Ottinot reported that the City was
granted a one acre easement from Ocean Reserve Condominium when they constructed
Heritage Park and Parking Garage. In exchange for that one acre the City, was required to
build eight (8) outdoor parking spaces. and we built only five (5). Throughout 1 % years of
negotiation the City and Ocean Reserve were able to settle that issue. We agreed to make
those five (5) spaces for Ocean Reserve and also agreed to give them three (3) parking passes
within our parking garage that they can use but not designated spaces.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2013 -2138 was adopted by a voice vote of 5 -0 in favor.
27
I
Summary Minutes: Regular City Commission Meeting October 17, 2013 City or Sunny Isles Beach, Florida
I OR. A Resolution of the City Commission of the City of Sunny Isles Beach. Florida. Approving a
Sublease Agreement between the City, of Sunny Isles Beach, American Federated Title
Corporation, as Trustee Under Florida Land Trust 93258, and Sunny Isles Beach
Quarterdeck, LLC, or Assignee, a Florida Limited Liability Company, in Substantially
the Same Form Attached Hereto as Exhibit "A'; Authorizing the Mayor to Execute Said
Sublease Agreement; 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: Item JOR and related Item IOP were heard together.] City Clerk
Hines read the title, and City Manager Russo reported. City Attorney Ottinot noted a
revision in the Sublease Agreement, Section 12.7 regarding trash receptacles has been
deleted as this is the responsibility of the operator not the City. and Section 12.8 moved up to
Section 12.7.
Public Speakers: None
Commissioner Scholl said in `General Obligations of the Parties" on page 267. item 5,
second to last paragraph, it says "The customers of Quarterdeck may use the 29 public
parking spaces located at Pier Park in the same manner as the general public." He would
rather say that "The customers of Quarterdeck may use public parking spaces in the same
manner as the general public." Because if we ultimately try to clean up Pier Park which he
has been advocating for and hitting a blank wall, but he doesn't want to obligate to
Quarterdeck to make them think they are always going to have 29 spaces adjacent to their
property. City Attorney Ottinot said he has no problem with that.
Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the
resolution, as amended. Resolution No. 2013 -2139 was adopted by a voice vote of 5 -0 in
favor.
10S. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida. Approving
an Agreement with the Miami Herald Publishing Company, for Retail Advertising
Services, with Option for a Second Year, in an Amount Not to Exceed $24.000.00, Attached
Hereto as Exhibit "A "; Authorizing the Mayor to Execute Said Agreement; Authorizing the
City Manager and the City Clerk to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: City Clerk Hines read the title, and reported.
Public Speakers: None
Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2013 -2140 was adopted by a voice vote of 5 -0 in favor.
11. MOTIONS
None
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Summary Minutes: Regular City Commission Meeting October 17, 2013 City of Sunny Isles Beach, Florida
12. DISCUSSION ITEMS
Alone
13. CITIZENS' FORUM: REQUESTS, PETITIONS S OTHER COMMUNICATIONS
None
14. ADJOURNMENT
Mayor Edelcup adjourned the meeting at 9:30 p.m.
Respectfully submitted by:
'S M4`� A �/
Jane A. Hines; MW. City Clerk
Approved by the City Commission on Nov. 21, 2013
a]
S. Edelcup.