HomeMy WebLinkAbout2014-0731 Special City Commission Meeting 1
SUMMARY MINUTES
Special City Commission Meeting
Thursday, July 31, 2014, 5:30 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 5:30 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 Deputy City Clerk Mauricio Betancur, CMC
Commissioner Jennifer Levin Deputy City Manager Stan Morris
Commissioner George "Bud" Scholl Deputy City Attorney Fernando Amuchastegui
2. PLEDGE OF ALLEGIANCE
Action: Cheryl Williams,Executive Assistant to City Manager,led the Pledge of Allegiance
to the flag.
Mayor Edelcup gave opening remarks.
A request to Add Item 6B. Discussion regarding City Commissioner Seat 3 vacancy,
effective November 21, 2014.
Action: Mayor Edelcup noted the above change to the agenda. Vice Mayor Aelion moved
and Commissioner Scholl seconded a motion to approve the above change to the agenda.
The motion was approved by a voice vote of 5-0 in favor.
3. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
3A. Request of Rugrats,LLC,for the Property Located at 332 189 Terrace, for the Following:
(Hearing #Z2014-07)
The Applicant is seeking approval for a conditional use to allow a Family Day Care for less
than six (6) children.
1. Pursuant to Section 265-13 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is a Conditional Use approval for a Family Day Care at a
Single-Family Residential District (R-1) with less than six (6) children.
Protests 0 Waivers 0 Ex Parte 0
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Summary Minutes:Special City Commission Meeting July 31,2014 Sunny Isles Beach,Florida
Action: Mayor Edelcup gave opening remarks on zoning procedures/decorum. Deputy City
Clerk Betancur read a disclaimer for the Zoning hearing, and administered the oath to
witnesses. City Attorney Ottinot asked the Commission if there were any Ex Parte
communications to disclose, and there were none. Mayor Edelcup noted a Protest Letter
received from Francine Bloomingthal opposing this application.
City Planner Claudia Hasbun reported that Rosalba Gutierrez, the Applicant, is seeking
approval for a conditional use to allow a Family Day Care for less than six(6)children within
a Single-Family Residential District(R-1)which is located in the Golden Shore neighborhood
residential area. The Application is in compliance with all the conditions, and is consistent
with the City's Zoning Code and the Comprehensive Plan.
Public Speakers: Valeria Espinal;
Valeria Espinal,daughter of Rosalba Gutierrez, said it is a family business and will be run by
her Mother, two teachers, and that she will do the paper work.
Commissioner Gatto said a while back the same issue arose in her area,the Winston Towers
district, and the folks in the Winston Towers complex were not happy with the idea of this
sort of thing because they thought it would create a lot of traffic and problems in the area and
she had agreed with that. She said she understands that there is already a Day Care Center in
the area about two blocks away and she asked if that was correct,and Ms. Espinal said yes, it
is another family-run center with minimal requirements. After further discussion by the City
Commission it was the consensus of the Commission that they were not in favor of having a
Day Care Center located in that residential area.
Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to deny this
Application. Resolution No. 14-Z-142 was adopted by a roll call vote of 5-0 in favor.
Vote: Commissioner Gatto yes
Commissioner Levin yes
Commissioner Scholl yes
Vice Mayor Aelion yes
Mayor Edelcup yes
3B. Request of Turnberry Ocean Club,for the Property Located at 18501 Collins Avenue,for
the Following: (Hearing#Z2014-08)
Summary: The Applicant is seeking approval of a site plan application for a 52-story
residential condominium with 154 dwelling units and 597,278 square feet of floor area. The
Applicant is requesting approval of the purchase of 137,833 square feet of floor area and 55
dwelling units from the City's Transfer of Development Rights Bank ("TDR Bank").
Additionally, the Applicant is requesting approval of the use of mural and graphics on
temporary construction fencing.
Requests:
1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations,the Applicant is requesting a site plan approval for a 52 story residential
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Summary Minutes:Special City Commission Meeting July 31,2014 Sunny Isles Beach,Florida
condominium with 154 dwelling units and with a total Floor Area Ratio (FAR) of
597,278 square feet.
2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development
Regulations,the Applicant is requesting the utilization of public TDRs in the amount
of 137,833 square feet of floor area and zero dwelling units. An adjustment to be
made for a decrease of 137,833 square feet of floor area and 55 dwelling units in the
City's TDR Bank.
3. Pursuant to Section 265-63.3 (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 5
Action: Mayor Edelcup gave opening remarks on zoning procedures/decorum. Deputy City
Clerk Betancur read a disclaimer for the Zoning hearing, and administered the oath to
witnesses. City Attorney Ottinot asked the Commission if there were any Ex Parte
communications to disclose,and Commissioner Scholl,Mayor Edelcup,Vice Mayor Aelion,
and Commissioner Gatto disclosed that they individually had spoken to Attorney Cliff
Schulman and the Architect for the project;and Commissioner Levin disclosed she met with
Attorney Cliff Schulman, the gentleman from Turnberry, and the Architect.
City Planner Claudia Hasbun reported that the Applicant,Beach Club Acquisition,LLC a/k/a
Turnberry Associates, is seeking approval of a site plan for a 52-story residential
condominium with 154 dwelling units and 597,278 square feet of floor area.The Applicant is
requesting approval of the Transfer of Development Rights in the amount of 137,833 square
feet of floor area and 55 dwelling units from the City's Transfer of Development Rights Bank
("TDR Bank"). She noted that the City's TDR Bank balance will be adjusted to reflect the
sale of TDRs to the Applicant in the amount of 113,199 square feet and 46 dwelling units due
to a credit for the donation of land. Additionally,the Applicant is requesting approval of the
use of mural and graphics on temporary construction fencing. She noted that the Applicant
had previously received approval from the City to build a luxury condo-hotel with a beach
club commonly known as the Fairmont-Turnberry project,of which this project development
approval had expired.
City Planner Hasbun said that the Applicant is now seeking approval of a new condominium
project on the same site. The Applicant is requesting an increase of floor area ratio of 2.1
from bonuses and the Applicant shall provide the City with a non-refundable deposit in the
amount of 10% of the approved purchase price of $5,935,680.00 for the FAR Bonuses
required from the City. She said the total amount of the deposit for the bonus is$582,568.00,
noting a typo in the report in the amount of that bonus. The Applicant is also requesting an
increase of floor area ratio of 1.38 from the Transfer of Development Rights. The Applicant
shall provide the City with a non-refundable deposit in the amount of 10% of the approved
purchase price of$14,149,175.00 after the deduction of the credit of the TDRs purchased
from the City's Bank. The total amount of the deposit is $1,414,988.00 which has to be paid
within three (3) days after this Application is approved by the City Commission.
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City Planner Hasbun said the Applicant has agreed to donate a parking lot on 185th Street and
Atlantic Avenue to the City for a conditional credit of 24,634 square feet of floor area and 9
dwelling units. This donation was made in the previous application submitted by the
Applicant, and Staff believes that the donation is beneficial to the City. Based on the review
of the Application, staff finds that the Application is consistent with the City's
Comprehensive Plan and the City's Land Development Regulations. Staff has no objections
for the Applicants request to use the mural and graphic on the temporary construction fence.
Staff has no objections for this site plan application.
Public Speakers: Cliff Schulman, Esq; Carlos Zapata; Warren Stamm
Clifford Schulman,Esq.representing the Turnberry Ocean Club,introduced his team. He said
that they previously had this project approved in 2006 before everything fell apart. At that
point in time it was an apartment and club,a continuation of that club. In this instance we are
eliminating the club and this is just a straight condo. You are familiar with this site, it has
been your corporate citizen for 40 years, it was built in 1984,the Turnberry Ocean Club. It is
located at 18501 Collins Avenue, 2.29 acre site, and is a 52-story building with 154 units.
The average size of the units is 3,400 square feet. There are two(2)penthouses with three(3)
stories and about 9,000 square feet, and there are five (5) units which are two-story. As for
the TDR credit,we have a parking lot that is 30,000 square feet behind the Navarro Pharmacy
and we will be donating that to the City after we use it as our sales center. The Commission
had previously approved our sales center on the east side of Collins but when we start
construction we will move to that piece behind the Navarro, at that point in time it will be
donated to the City for its use. We understand the City hopes to use it for additional parking
that is well needed in that area. Carlos Zapata,Architect for the project,presented renderings
of the project. Mayor Edelcup and the Commission applauded the developers and the
architects for this beautiful project.
City Attorney Ottinot said he spoke to each member of the Commission individually regarding
the Settlement Agreement. As the Mayor and Commission understands, the City is required
to sell 15,000 square feet of TDRs on behalf of the Temple. The City will sell the Temple's
TDRs to Turnberry as part of this Zoning Application.
Vice Mayor Aelion moved and Commissioner Scholl seconded a motion for approval,
subject to staff conditions. Resolution No. 14-Z-143 was adopted by a roll call vote of 5-
0 in favor.
Vote: Commissioner Gatto yes
Commissioner Levin yes
Commissioner Scholl yes
Vice Mayor Aelion yes
Mayor Edelcup yes
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Summary Minutes:Special City Commission Meeting July 31,2014 Sunny Isles Beach,Florida
4. ORDINANCES FOR FIRST READING
4A. 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.BA1314-05 for the 2013-2014
Fiscal Year— Capital Projects Fund and 2010 Capital Projects Fund; Authorizing the
City Manager to Do All Things Necessary to Implement the Terms and Conditions of this
Ordinance; and Providing for an Effective Date.
Action:Deputy City Clerk Betancur read the title,and Finance Director Audra Curts-Whann
reported noting this is due to the fact that in the current year budget we budgeted for some
TDRs that were actually collected at the end of the last fiscal year and accrued by our
auditors as well as a few that have been delayed into the future fiscal year which caused a
reduction in revenue, and we moved some money around between projects.
Public Speakers: None
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, September 18,
2014, at 6:30 p.m.
Vote: Commissioner Gatto yes
Commissioner Levin yes
Commissioner Scholl yes
Vice Mayor Aelion yes
Mayor Edelcup yes
5. RESOLUTIONS
5A. 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 137,833 Square Feet of
Floor Area and 55 Dwelling Units to Beach Acquisition,LLC.for the Property Located
at 18501 Collins Avenue from the City's TDR Bank Account; Providing for a
Conditional Credit in the Amount of 24,634 and 9 Dwelling Units;Directing the Zoning
Administrator or Designee to Transfer the TDRs from the City's Bank Account in
Accordance with Zoning Resolution No. 14-Z-143; Authorizing the Adjustment and
Modification of the City's TDR Bank; Providing the City Manager and City Attorney with
the Authority To Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
Action: [City Clerk's Note: This item was heard with related item 3B.] Deputy City Clerk
Betancur read the title, and Zoning Administrator/Planning Manager Claudia Hasbun
reported noting the City's TDR Bank balance will be adjusted to reflect the sale of TDRs to
the Applicant in the amount of 113,199 square feet of floor area and 46 dwelling units. City
Attorney Ottinot said this is subject to the conditional credit of TDRs.
Public Speakers: None
Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the
resolution. Resolution No. 2014-2275 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Special City Commission Meeting July 31,2014 Sunny Isles Beach.Florida
5B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
a Purchase and Sale Agreement Between the City of Sunny Isles Beach and Chabad
Lubavitch Russian Center of South Florida, Inc. for City Owned Property Located at
500 Sunny Isles Boulevard, in Substantially the Same Form Attached Hereto as Exhibit
"A";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: Deputy City Clerk Betancur read the title,and City Manager Russo reported noting
that in March 2014 we had put out for bid the sale of the property at 500 Sunny Isles
Boulevard,and we received one bid from Chabad Lubavitch in the amount of$3,300,770.00.
Upon the execution of the Purchase and Sale Agreement the purchaser will deliver
$500,000.00 to the City which will be credited against the purchase price at closing. The
remaining amount of$2,800,770.00 will be paid over 18 months. We will have a promissory
note at 5%interest on that money. The City reserved the right to use the western boat slip on
the property for public purposes including a boat taxi. If the City fails to operate a boat taxi
within five (5) years of the date of closing then that reservation of right shall be null and
void. The purchaser shall provide the City with a 7-foot Pedestrian Baywalk Easement
similar to the easements provided by property owners in that area.
Public Speakers: None
Mayor Edelcup asked if the Agreement will also protect us so we will not subordinate our
loan at any bank, and City Attorney Ottinot said yes that is included in the Agreement.
Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2014-2276 was adopted by a voice vote of 5-0 in favor.
5C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding
RFP No. 13-08-01 to and Authorizing the City Manager to Negotiate an Agreement with
Ric-Man International,Inc.for the Design and Construction of a Pedestrian Bridge at
Gateway Park, in an Amount Not to Exceed $2,100,000.00, Provided Said Agreement is
Approved as to Form and Legal Sufficiency by the City Attorney;Authorizing the Mayor to
Execute Said Agreement;Further 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: Deputy City Clerk Betancur read the title, and Assistant City Manager Bill Evans
reported.
Public Speakers: Jeniffer Viscarra; Victor Menocal
Commissioner Scholl said then that the bridge tower on the south side of 163rd will not
connect to the garage in any way, and Assistant City Manager Evans said no. City Manager
Russo said it was because of security, the cooperation language was added to the contract.
Jeniffer Viscarra asked, as a board member of the Plaza of the Americas, when is the
building going to start and when are we going to see the plans? City Manager Russo said
now that we are awarding to the contractor we will be able to work with you and show you
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Summary Minutes:Special City Commission Meeting July 31,2014 Sunny Isles Beach,Florida
the plans and develop the finishes as we had talked about early on with the Association.
Victor Menocal of Ric-Man International,Inc. said we should be able to have the drawings
ready within a month. Commissioner Scholl asked what the time line looks like for the
agencies who have to approve the project. Mr. Menocal said we will be working with FPL
and FDOT for the most part, what we have is ready to go. The only thing that is going to
take time is the sub and super structure, and each one should be a month. Commissioner
Levin asked what the clearance will be, and he said 17 feet 8 inches. Ms. Viscarra said she
understands it is possible the bridge will be completed after the Park opens,if that is the case
we are going to have a problem as we are building the bridge for safety purposes. City
Manager Russo said with the cooperation of the surrounding entities that we need it will be
done in time. We started this project at the same time we started planning for the Park.
Vice Mayor Aelion asked what the interval of time is from the completion of the Park and
the completion of the bridge. Mayor Edelcup said what we are hearing is we can coordinate
the opening of the Park with the building of the bridge and that is the goal that we have.
Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2014-2277 was adopted by a voice vote of 5-0 in favor.
5D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
an Increased Purchasing Authority with Jay Carroll of Carroll Electric to Provide
Electrical Consultant Services for the Construction of Intracoastal Parks,in an Amount
Not to Exceed $30,000.00; Authorizing the City Manager to Do All Things Necessary to
Effectuate this Resolution; Providing for an Effective Date.
Action: Deputy City Clerk Betancur read the title, and Assistant City Manager Bill Evans
reported noting that we used Jay Carroll on the Intracoastal Park.
Public Speakers: None
Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the
resolution. Resolution No. 2014-2278 was adopted by a voice vote of 5-0 in favor.
6. DISCUSSION ITEMS
6A. Discussion regarding the 174th Street Landscaping Design.
Action: City Manager Russo reported that this contract is in the process of being completed.
We had awarded this bid and we did say that we would come back to the Commission with
the Landscape Plan for 174i1' Street.
Public Speakers: James Santiago
Assistant City Manager Bill Evans introduced Landscape Architect James Santiago and
noted the conceptuals for the landscape design for 174th Street that will be part of the
drainage project. Landscape Architect James Santiago reported that the idea was to replace
that landscaping with something that was more functional,more conducive to the use of the
street, something that would be sustainable and last a long time. After meetings with the
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Summary Minutes:Special City Commission Meeting July 31,2014 Sunny Isles Beach,Florida
staff they came up with several solutions,and the conceptual is sort of a combination of three
different solutions and it uses typical South Florida landscape materials. There is almost no
sod, it is all going to be shrubbery and so there will be no problem trimming other than once
a month and will be easier to take care of. The materials we are using are Green Island Ficus,
Dwarf Ilex, and other materials that are slow growing, easy to manage, very sustainable
material,easy to buy,and they do well in any kind of soil. We have two renderings here,one
is for the middle sections of the roadway,and the other one shows the end treatments which
will be A 1 A and at North Bay Road where we have opportunities to put Phoenix Mejool
Date Palms. In the middle are the Bismarkia Palms which gives us a wonderful effect and
this will unify the street all the way through in quality and in design.
City Manager Russo said part of our other main consideration, and if you recall, we made a
calculated decision which was a substantial savings,to maintain the dual streetlights on the
center island median. We may do some adjustments, we may add one but that is a lot
different than moving them over. To do that we are trying to keep the landscaping to the type
of material that is not going to hinder having proper lighting on the street which is part of the
problem we have now in the dark areas.
Vice Mayor Aelion said that we traditionally had the issue with lighting interference with the
planting and so that has to be addressed when this is taken care of With the Ficus,we have
issues with the white flies and now more and more landscapers are going to the alternative
with shrubbery. Also, the distance between the Palm Trees, if the Palm Trees are put too
close to each other there is interference of shrubbery when they grow up.
Commissioner Gatto said this is her block and so she is concerned about it and has a lot of
questions about the lights. She said it shows that the Bismarkia Palm is 10-feet tall, and
Assistant City Manager Evans clarified that it is 10-feet clear trunk. She asked how tall the
streetlights are, and Assistant City Manager Evans said the bottom of the tier is at 15 feet.
She said she wants to be sure if we are going through all this that the lighting is going to
improve. Assistant City Manager Evans said when they met with Mr. Santiago we
understood your wishes and improving the lighting was a number one priority. We didn't
want to do away with the light poles, and so what we have done is reduce the canopy. To
address Vice Mayor Aelion's comments, the spacing has been increased to allow for the
canopy to not grow into a solid mass all the way down. As a City we have to maintain those
trees to maintain a clearance between the bottom of the lights and the top of the trees,and we
can do that by the way we maintain them. Whoever our landscape maintenance contractor is
at the time, it is Luke's now, it will be in their instructions to maintain that height level.
Commissioner Gatto said there are seven(7)buildings and they each have an in and out and
a retail area, and when it is getting dark it is really hard to see pedestrians who are walking
along Collins Avenue as cars are trying to pull into a building. Mr. Santiago said the whole
purpose of going into basically a Palm Tree pallet was that there is no canopy to inhibit that,
as long as we can keep a distance between the existing lights and the first Palm. The angle at
which the light is going and hitting the street is going to be unimpeded during the life of the
project. They are staggered as you go down the street, and so there is open space, also in
between them to augment that happening a little quicker. If you put them in a complete line
you end up with a solid mass in one direction.
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Commissioner Gatto asked if we are redoing the medians entirely, and Assistant City
Manager Evans said yes, and we are leaving the lights there which are sitting on a pedestal
on a foundation and we will maintain and protect them, and build back around that. She
asked if they were LED,and Assistant City Manager Evans said no but that is something we
can look at in the future, adjusting those heads.
Commissioner Gatto said that you had mentioned there is no sod, there are a lot of people
who walk their dogs on the median and don't pick up. Is this conducive to that or will it
perhaps prevent people from doing that? Assistant City Manager Evans said it will not allow
for the clear areas for people to walk their dogs,this will be planted heavily with shrubbery,
etc., it will beautify these medians but it is not going to be a dog walking area.
Commissioner Gatto said then that it would discourage people from smoking a cigarette and
then tossing it into the shrubbery, and Assistant City Manager Evans said yes, and in
addressing your comments,the white fly problem,yes we understand that,the Green Island
Ficus is one of our most hearty shrubs and we have had great success with it. Also, in our
landscape maintenance contract,we have the ability to spray for it,and we do and that is why
you don't see it in this town because we stay on top of it. So on a quarterly basis, Luke's
Landscaping, does apply chemical for that, they also have some spikes that they put in the
trees because Palms are now affected by it.
6B. Add-On:
Discussion regarding Commission Seat 3 vacancy, effective November 21, 2014.
Action: Mayor Edelcup reported that this was as a result of receiving Commissioner
Scholl's resignation which becomes effective November 21,2014. Under Florida Statue we
have to fill that vacancy within 30 days from November 21 and then schedule a Special
Election between 45 and 90 days after November 21. He would like to propose to the
Commission that as to the first date, the naming of an interim Commissioner, be set for
December 2, 2014 which is approximately 19 days out of the 30 days to be able to fill that
position. He suggested that we apply to the County for a Special Election on February 17,
2015 which is just before the 90 days and it is also pushed far enough out so that we don't
run into the holiday season. If the Commission is agreeable he would like to pass those dates
on to the City Clerk, and Deputy City Clerk Betancur said the County sets the date but he
will suggest the date of February 17, 2015. Mayor Edelcup noted that it is a two-year seat.
Public Speakers: None
7. ADJOURNMENT
Mayor Edelcup adjourned the meeting at 6:32 p.m.
Respectfully submitted by: Approved by the City Commission on Sept. 18, 2014
. 74iyti
Jane A. Hines, MMC, City Clerk Nor an S. Edelcup, Mayor
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