HomeMy WebLinkAbout2015-0219 Regular City Commission Meeting SUMMARY MINUTES
Regular City Commission Meeting
Thursday, February 19, 2015, 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 Scholl at 6:30 p.m. with the following officials
present:
Mayor George `Bud" Scholl City Manager Christopher J. Russo
Vice Mayor Jeanette Gatto City Attorney Hans Ottinot
Commissioner Isaac Aelion City Clerk Jane A. Hines, MMC
Commissioner Dana Goldman Deputy City Manager Stan Morris
Commissioner Jennifer Levin Deputy City Attorney Fernando Amuchastegui
2. PLEDGE OF ALLEGIANCE / INVOCATION
Action: Canvassing Board Member Gloria Taft led the Pledge of Allegiance to the flag,and
City Manager Russo gave the invocation. He asked for a moment of silence to remember one
of our City's Founding Commissioners Lila Kauffman who passed away on January 26,2015.
Mayor Scholl gave opening remarks of decorum. He congratulated Commissioner Goldman
upon her election, and noted that it is not easy running for any public office and he applauded
the other candidates who ran in the race.
Mayor Scholl gave a preview of coming attractions for some of the things that staff is working
on. First and foremost,we have talked a lot about traffic mitigation. We have a severe traffic
problem on Collins Avenue, and what we are coming to a conclusion of is that probably one
of the ways we can mitigate traffic is to try to make it easier for pedestrians to cross Collins
Avenue. A lot of traffic gets backed up and people are trying to cross at the major
intersections like 174`h Street and even here at City Hall where people are walking across the
street to the east side. What we are proposing, and we are starting to negotiate to potentially
acquire more land, is to put some pedestrian overpasses in and we have two(2)sites identified
for a pedestrian bridge. We have already approved a pedestrian overpass for 163`I Street for
the end of North Bay Road in order to connect Gateway Park to North Bay Road. We are now
talking about potentially putting a couple of them on Collins Avenue to get started and we
believe that will take some of the pressure off of the traffic as folks are trying to cross Collins
Avenue and backing traffic up. In Florida the pedestrians have the right of way. If the
pedestrian is in the street whether the light is green or red it is incumbent upon the drivers to
stop and give yield to the pedestrians.
Mayor Scholl said the other thing we have been working on, and as you know our school is
extremely crowded, and so we have started negotiating for a parcel of land for a school
expansion site. We are talking to the School Board, and to a couple of potential property
Summary Minutes:Reenter City Commission Meeting February 19,2015 City of Sunny Isles Beach,Florida
owners where we might be able to expand the school and relieve some of the overcrowding.
The idea would be that we take a certain set of grades out of the main building and we put
them on this site which is within proximity of the main building so that we can ultimately still
use the playground and the facilities of the school site. Since former Commissioner Roslyn
Brezin is sitting here, also in that site we are talking about acquiring in those plans a Senior
Center. It is something that we have all talked a lot about to create a dedicated space for our
Seniors and that would be incorporated in those plans as well as potentially some expansion
space for some square footage at City Hall.
Mayor Scholl said as we talked about a few months ago, the City Manager engaged upon to
look at beach mitigation because we have a lot of issues with erosion on the beach. It has
been very difficult now to actually bring sand in like we used to do. We cannot pump it from
off-shore any more,and when he says we,he means the Federal Government has always done
that. There are grants and programs at the State and Federal government and the County for
matching funds, and quite frankly as wealthy as everyone believes our City is, one beach
renourishment would probably bankrupt us, and so we cannot be in the beach renourishment
business. What we can do is to look at the beach mitigation business and that would be
looking at mechanisms for mitigating the issues that we have with the ebb and flow of the
sand on our beach. That is what is in the hopper right now that staff is working diligently on.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting—January 15, 2015.
Action: Commissioner 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.
4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Hear Items; Information: Item 10A. Results of the Special Election; Add-On:
Item 101. Pay-Off"FRDAP"Grant;Item 10J.Release&Cancel Declaration of Restrictions;
Hear Out of Order: Item 12A. Report from CAC Chairperson; and Item 12B. Discussion
by Bicycle Action Committee, hear after Item 5A.
Action: Mayor Scholl noted the above changes to the agenda. Commissioner Levin moved
and Commissioner Aelion 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. Presentation of the City of Sunny Isles Beach Audit Report for Fiscal Year 2013/2014.
Action: Finance Director Audra Curts-Whann introduced Cindy Calvert, the partner on
engagement from the firm of Keefe,McCullough&Co. LLP,who provided the Commission
with a brief presentation of the City's Financials. She noted that based on their audit, they
provided an unmodified opinion which is the highest level of assurance that they can give.
Summary Minutes:Regular City Commission Meeting February 19,2015 City of Sunny Isles Beach,Florida
She said they also evaluated the presentation of the basic Financial Statements and believe
that they incorporate everything necessary to obtain the Government Finance Officers'
Association Certificate of Achievement for Excellence in Financial Reporting. They also
issued two (2) compliance reports, one was in accordance with Government Auditing
Standards and in that report they addressed two(2)vital functions of the City. The first is the
internal control over Financial Reporting, there was no matter that they considered to be
significant deficiencies or material weaknesses. Secondly was a report on compliance and
there were no instances of non-compliance. They also issued a report that addresses the
Federal and State Single Audit Act. The City complied in all material respects that the
compliance requirements are applicable to the City's major programs. Again this year,your
major program was several forfeitures,and you had expenditures of approximately 5992,000.
There were no new accounting policies adopted,and the application of existing policies was
not changed during the year. They noted no transactions for which there is a lack of
authoritative guidance. Accounting estimates are an intricate part of Financial Statements
that are prepared by Management. During their audit they reviewed those estimates and
found that they comply with recommended Best Practices. They had no disagreements with
Management during the course of their audit. They granted full access to all the
documentation and records they requested.
Ms. Calvert stated that this year was kind of a challenge for both them and the City due to the
conversion to new software that happened at year-end. But they dug in and put in all the
extra hours that were needed in order to complete the audit in a timely manner. She said the
City's 2013 Financial Statements received the Certificate of Achievement for Excellence in
Financial Reporting and she believes that the 2014 Statements will also receive this
distinguished award. This is due to the hard work in the Finance Department with the
leadership of Finance Director Audra Curts-Whann and Assistant Finance Director Tiffany
Neely-Jean, and also to the Commission's support in achieving this Award.
Mayor Scholl on behalf of the City Commission thanked Ms. Calvert and Finance Director
Curts-Whann and her staff for doing a great job and for delivering the Audit in a very timely
manner. It is so great to hear a report like this that has no adverse comments and everything
went well. He knows a lot of that is due to the Auditor's hard work and the hard work of our
Finance team.
Commissioner Aelion moved and Commissioner Levin seconded a motion to accept the
Audit Report for Fiscal Year 2013/2014. The motion was approved by a voice vote of 5-
0 in favor.
[City Clerk's Note: Items 12A and 12B were heard after Item SA and before Item 6A.]
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6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. Request of TDR Towers Master Association, Inc. for Property Located at 15811, 15901,
and 16001 Collins Avenue for the Following: (Hearing #PZ2014-17)
Summary:
The Applicant is requesting approval of a site plan modification of the common area parking
pedestal with the TDR Trump Towers. The Applicant is seeking approval of the following
three (3) variances:
1. A building separation variance of 0 feet where 100 feet are required.
2. A building width variance of 800 feet where 250 feet of width are allowed for
structures above 20 feet of height.
3. A parking space to be 8 feet and 6 inches in width where 9 feet in width are allowed.
Requests:
1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations. the Applicant is requesting approval of a site plan modification to increase
the parking count from 1,050 to 1,390 parking spaces.
2. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a building separation variance to permit a
building separation of 0 feet where 100 feet is required pursuant to Section 265-35 D.(5)
of the Land Development Regulations.
3. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a building width variance to permit 800 feet
where 250 feet is allowed pursuant to Section 265-35 D.(6) 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 parking space size variance to permit a parking
space of 8 feet and 6 inches in width where 9 feet in width is required pursuant to
Section 265-46 A.(7)(a) of the Land Development Regulations.
Protests 0 Waivers 0 Ex Parte 0
Action: [City Clerk's Note: This item was heard after Items 12A and 12B.] Mayor Scholl
gave opening remarks on zoning procedures/decorum. City Clerk Hines read a disclaimer for
the Zoning hearing, and administered the oath to witnesses. City Attorney Ottinot asked if
there were any Ex Parte Disclosures and there were none. City Planner Claudia Hasbun
reported the Applicant is requesting approval of a site plan modification to increase the
number of existing parking spaces in the TDR Trump Towers Parking Garage from 1,050 to
1,390 which is an increase of 340 spaces. The original Zoning approval consisted of three
(3) Multi-Family Condominium Towers with a total of 813 units. The approval was issued
through Resolution No. 05-Z-94 adopted on July 14, 2005. The Land Development
Regulations at the time permitted the reduction in the required parking of a development
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project for a monetary contribution to the Off-Street Parking Fund. This Parking Buy-Down
Program provided a credit of 244 parking spaces for the Trump Tower project. Based on
this, the developer built 244 parking spaces less than the minimum required parking.
City Planner Hasbun said the Applicant is seeking approval of the following three (3)
variances: 1) a building separation variance of 0 feet where 100 feet are required; 2) a
building width variance of 800 feet where 250 feet of width are allowed for structures above
20 feet of height, and these two variances are because of the height increase of the existing
pedestal which will become above 20 feet extending the garage, consider that piece as the
tower instead of the garage. The third variance is 3)a parking space to be 8 feet and 6 inches
in width where 9 feet in width are required. The Applicant is generally consistent with the
City's Comprehensive Plan and Land Development Regulations except for the variances.
Public Speakers: Gary Mars, Esq.; Eduardo Castineira, Architect; Jurgen Giesbert; George
Lawrence; Roslyn Brezin; William Bates; Lynda Azima; Gene Newman
Gary Mars, Esq. representing TDR Towers Master Association, Inc. reported that the
Association is proposing a renovation to its existing three-story parking facility. The project
consists of three (3) interconnected condominium towers.42 stories in height, with a total of
813 residential units above an existing three-story garage pedestal which currently provides
1050 parking spaces,on approximately 7.9 acres of land along Collins Avenue. The proposed
project seeks a design change in building modification with the construction of two(2)parking
decks above the existing parking deck between the Towers, in order to increase the total
parking count and square footage. The proposed design will increase the total parking count to
approximately 1,390 parking spaces(340 new spaces)which includes 144 parking lifts on the
4th floor. All the new parking spaces being proposed will be restricted to valet parking only.
Attorney Mars said it has been determined that several variances need to be considered in
order for the project to proceed. They are seeking three(3)variances for building separation,
building width, and parking space dimensions. The Association seeks the use of the 2005
Code in the City's determination of all proposals. In the alternative, the Association is
requesting the City calculating credit into the parking space count,the buy-down spaces which
equals 244 parking spaces, and that the City take several factors into consideration of this
evaluation. First, it was built between 2008 and 2010,during that period the developer relied
upon the City's then Parking Buy-Down Program which eliminated 244 central parking
spaces. The project has now been fully sold and occupied, and we quickly realized that the
parking facility has failed to allow for adequate and often times safe parking on the property.
The Association has inherited this condition and has made every effort to remedy the condition
including leasing off-site parking which has had a minimal and only temporary effect on the
problem. They have no ability to remedy the serious lack of parking other than considering the
proposed plan. The inability to have adequate parking is creating a hardship to the owners and
tenants of the property, and their guests. All this could be remedied upon the granting of the
variances and the project proposal. They have made great efforts to present a design which is
all new with the existing area. It significantly enhances the west and east exposures which will
be completely contained within their property with a minimum impact on any surrounding
parcel. They have met with representatives of both Arlen House East Condominium
Association, and Marina del Mar their two neighbors and closest in proximity to this project,
and no objections have been presented by those neighbors as of today.
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Eduardo Castineira,Architect President/CEO of Axioma3Architects, noted that about six(6)
months ago he was with a group of developers and real estate people who mentioned that
Sunny Isles Beach is a world-address. It dawned on him what is a world-address? A world
address is like Dubai, Central Park, Beverly Hills, those are all world addresses. It is really
important that we recognize the impact that this City is having worldwide: While working on
so many projects in Sunny Isles Beach,one gets to understand the thought process that the City
expects and fights for on every project that is done here. That is what makes world class
architecture and that is what gets you to that status.
Architect Castifeira stated that this Association understands that this project and many others
that has to do with parking and traffic,always comes back as an issue. There are two sides of
it, and one is the technical aspect and the very basic need, and the other one is how do we
dress it up so it does not look like a parking garage. It is about 340 spaces short of what it
would be in today's Code. Before in the Zoning Code all the units regardless of size there was
a multiplier of 1.5 parking spaces,and now in today's Code units above 1,800 has a multiplier
of 2,which is something that the City recognized in its practicality over the years,and made an
improvement. What happens in this particular building is that most of the units are luxury
condos and they are above the 1,800 square feet, and so that 1.5 difference in parking comes
out to about 350 parking spaces that we are now reintroducing back into the project.
Architect Castifeira presented several renderings of the project. The diagram captures the way
the building is right now which is three (3) towers, two (2) levels, ground and second are
already there and are built. He showed the third level and the fourth level. The gray areas are
where they are introducing the parking. They are connecting internally to the existing parking
gutters underneath the Towers,and they are using the same ramps and driveways and so there
is no change to that. On the top level they are enhancing the lanai which is much nicer than
what it is today. At the time when this building was built,the width of the typical parking stall
was 8.5 feet, in today's Code that has been changed to 9 feet. The column width that is built
based on the old Code allows for three (3) stalls, and so if we need this 9 feet we are going to
be losing in the striping, one space between each of these columns, and so that is the request
for that variance. One of the things he spoke to the Association about right at the beginning
was the fact that once we tabulate all the parking and build the technical aspect, we are left
with the question of what it is going to look like and how are we going to introduce it into the
building. One of the things he had suggested was instead of going up with a wall that is a
continuation of the two lower floors, to tip it back so that element becomes softer and steps
back and to add landscaping. He found that to be a very important aspect of it because there
are portions of that façade that are bare and plain,and not up to the standards of what it should
be. Going back to the whole concept of what Sunny Isles Beach is about, there has been an
incredible effort in this City to get quality architecture and buildings in every sense of the
word. Even'time he has been involved in a project here the one thing that he has always told
his clients and the one thing he has tried to push is that the quality of the architecture has to be
there because that is what makes it that much more different. And so we step it back from the
columns side and from the beach side and we really enhance that whole'facade so that new
architecture is not just a blank wall but it is a beautiful architectural feature wall. In addition
to that the Association had already been in the works with an Architectural firm to beautify the
project, but he had told them to put it on hold until we can address this issue and with an
approval, to proceed in a coherent fashion where both teams are working together.
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Architect Castifleira said that one of the things they noticed was an existing sunken plaza
where the two floors of parking will come, and so this is the area that will get filled in. In the
Association's attempt to beautify this project with trees, palms, vegetation, things of that
nature,they will be blocking the lower floors of some of these views. There is no blockage of
views with this plan. The facade in the towers facing the water is a blank facade,no windows,
no nothing, where fire stairs were in the best views. A lot of the landscaping automatically
blocks some of those views. From the fourth floor up,the same views will be there as they are
not doing anything with that. In the Y-shaped building,just the angle of the view and the two
(2)Towers you will not have any views between the two(2)Towers. The benefit of parking is
difficult in all South Florida,not just in Sunny Isles Beach. They are talking about 340 cars of
people that already visit or live here. They are going to park somewhere, the parking garage
that the City is building at Gateway Park, is about the same size they are requesting. Parking
problems are not just the problems of the building, it becomes a problem for the City. The
concern here is that people who cannot find available parking will find other solutions.
Architect Castifleira said when we design projects we forget that a big portion of how projects
are viewed are not only from street level, but also from high-rises looking down. The top of
that parking would become a much more world-class resort type condo project. We are
introducing the very shallow type of fountain element, an open pavilion for people to lounge
which is a better area for the sun, and he showed the areas that are going to be the north floor
as we step back the building. On the common side it will be a water feature, a sculpture,
beautiful landscaping cascading over the second floor wall. On the beach side we are
introducing a grand stainvay that takes you from the balcony down to a lower deck, again the
second level which will have Jacuzzis and things of that nature connecting back to the Spas
that are located within the building. This creates a grand way to getting down from the fourth
level to the second level and then back into the Spa. He presented a series of images that are
"before" and "after" proposals including the façade and enhancements for the walls,
architecturally stronger, open spaces, landscaping, water features, and sculptures for the
benefit of the passerby and the City.
Trump Tower I Board of Directors member Jurgen Giesber said the garage is overcrowded and
when they have friends over they are being told they cannot park there and to find parking
elsewhere. You as the host have to go out and find them and bring them to your home, and
after dinner take them back to their car which is an embarrassing situation. When they
purchased their unit there was no conversation about a lack of parking spaces,they were only
told that there was plenty of parking and it was all valet. That worked for the first couple of
years but as time progressed it was clear that this was going to be problematic. By the end of
2013 everybody realized that it was impossible to accommodate all the vehicles in Trump
and III. This proposal is a win, win, and there is no cost to the City, hence the taxpayer. The
proposal would also reduce traffic on Collins Avenue.
Mayor Scholl opened the public hearing to hear residents that wished to speak, and after
hearing those residents,he closed the public hearing. Commissioner Levin asked City Planner
Hasbun what the history is of this project at the time it was constructed and she knows there
were some issues with the view corridor. City Planner Hasbun said when the application came
in 2005,the developer had a singular proposal during the site plan process,eventually that did
not go through the Commission at the time and they lowered the parking pedestal to 20-feet.
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Commissioner Levin asked if there are any other properties in the City where a variance was
granted that are similar or the same as or would it be unique? City Planner Hasbun said not to
her knowledge but she will research that. Commissioner Levin asked Attorney Mars with
regard to the parking, what is the ratio of the valet to self-parking? Attorney Mars said there
are some units there from the original that were assigned spaces. All these spaces were
intended to be valet spaces, and there is valet in each of the buildings. As you go from Tower
I which has more assigned spaces, there are some in Tower II, and Tower III are currently all
valet. He noted that none of the spaces they are considering adding will be assignable, they
will all be valet. Commissioner Levin asked if he has looked for alternatives to this plan or is
this the only thing you have been able to come up with? Attorney Mars said they have looked
at other design type projects and he wanted to emphasize that they are spending a tremendous
amount of energy in trying to locate this massive amount of parking spaces but setting this
back in a way that it creates a really true finish to this project. We have heard through
discussions it has been an issue for quite some time on how to properly finish this project and
get rid of the sheer wall elements that are shared by everybody. They have looked at other
designs and this would have been the most palatable for purposes of setbacks and visually
attractive, and again we are trying to contain everything along tree lines and things that
currently exist. He also made a point that there should not be any more traffic coming onto the
property and being told to leave and find general parking throughout the general vicinity.
There is another element to this which is the safety element that they are very concerned about
which are the cars that are backing up onto Collins Avenue creating another traffic concern
which will be eliminated with this proposal bringing the parking back up to the Code standards
when the project was originally considered. Commissioner Levin asked if there was any
property damage or safety issues with regard to parking the way it is now? Attorney Mars said
yes,again, the backup has been an issue,we have had many instances of problems in the valet
station, especially on a weekend or holiday. The City also has a lot of undescribed transients
traveling from out of town into their units. Now that the buildings are fully occupied or all
sold, there are no developer units at this point, now we are experiencing it which is a regular
problem.
Vice Mayor Gatto said she understands there are 1,050 parking units in total, and you would
like to increase it by 340 additional units. Her question is does every unit in each of the towers
have an assigned space or have a place to park? Attorney Mars said they do not all have
assigned spaces. Vice Mayor Gatto asked if every unit has a place to park one car? Attorney
Mars said they are all supposed to have space to park one car. Vice Mayor Gatto said she
would guess that many of the units are two-car families and so there is also the situation where
some of the units have two cars, and you can accommodate them? Attorney Mars said we
cannot accommodate them, sometimes they cannot even accommodate one car based on the
demand. Vice Mayor Gatto said there are some with three cars, and she asked if they are
asking for the increase to accommodate a three-car situation.
Mayor Scholl said Vice Mayor Gatto is trying to make a determination on what is assigned and
what is kind of in the pot because with valet you have so many assigned spaces that he is sure
is designated for self-parking for certain unit owners,and then you have the valet pool,and so
if you could show that differential. Architect Castineira said he does not know the exact
number of assigned spaces for Tower I and it is only a small portion of the entire building.
The building exists right now with valet for most of it, and in that valet layout it is not only
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Summary Minutes:Regular City Commission Meeting February 19,2015 City of Sunny Isles Beach,Florida
regular spaces but we have tandem spaces,and also in that count is aisle parking where you are
parking the cars in the driveways. Vice Mayor Gatto said but you can accommodate one car
for each of the units,whether it is valet or not,and Architect Castineira said in the valet system
there is a space for each unit. Vice Mayor Gatto said she is trying to figure out incrementally
your request for extra parking for guests, three-car families, etc., she wants to know what is
loaded in that. Attorney Mars said he just got some statistics on this,there is about 60%of the
unit owners in Tower I who have assigned parking,there is less than 40%for Tower II,and in
Tower III there are no assigned parking spaces. Vice Mayor Gatto said she is referring to one
parking space,and Attorney Mars said a typical building that has assigned parking spaces,the
docket says you have one parking space for each unit and it is assigned by the developer, that
does not exist in this situation. If a tenant in Tower III has a party and has 15 people to
accommodate and we fill up unassigned parking spaces, theoretically one of those spaces
should have been for another tenant but is now filled by someone else. Vice Mayor Gatto said
that sounds like an internal problem which you might be able to rectify. Architect Castineira
said the thing is what he was saying earlier,when you do the math based on today's Code and
you apply the units that require two spaces per the Zoning Code as it is today,that is where the
340 deficient exists. None of that parking really covers a third car, or even guests, it is just to
meet the basic one or two-car parking requirement after today's Code based on 1.5 if you are
under 1,800 square feet or 2 if you are above it. A 1,800 square foot unit is a pretty big unit
but most condos are under that. In this case, it taxes them heavily because when you do the
math you are 340 spaces short. Vice Mayor Gatto said what she is most worried about is it is
really 340 more cars coming on line in an existing building, that is her worry. We have new
buildings going up and we know those parking spaces and those cars are going to come on line
by virtue of the fact that it is a new building but this is an existing building that would require
another 340 cars to come on line and it sort of opens a Pandora's Box. She lives in Winston
Towers and they are dealing with a big parking problem and she can only imagine what would
happen with seven(7)buildings now thinking they canjump into this and create more parking
spaces for those buildings. Attorney Mars said the cars are there anyway, it is just that the
frequency of use changes and so he does not think the concept is that somebody's going to buy
an extra car, we are going to fill these spaces up relatively quickly as well. The cars come on,
it is just that they are at peak capacity and have nowhere to place the vehicles which is what
the biggest issue is. With this proposal they will have the opportunity to house the cars on site,
when those situations come up they find alternative means to find parking. They have to lease
off-site parking which is not a great solution as it has caused safety concerns and other
problems because of people crossing streets and doing things where you don't have systems to
control that type of stuff.
Commissioner Aelion asked Attorney Mars if the Condominium By-Laws were followed,and
Attorney Mars said this is a Master Association it is not the traditional 718, it has a different
set of Covenants. This is the type of project that was designed by Developer Counsel where
you have voting representatives decision making, and there is one voting representative for
each Tower. The alteration concept which typically requires a unit owner vote doesn't exist in
this configuration. That type of decision, if anything, would be voted on by the three (3)
voting representatives which is something we are considering if and when we have to.
Commissioner Aelion asked about the width of a space, are we bound by certain minimum
widths for space parking for cars, and City Planner Hasbun said the minimum per Code is 9
feet in width and 18 feet in length. Commissioner Aelion asked if the City is subject to being
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sued for an accident where the City granted a variance, and City Attorney Ottinot said no.
Commissioner Aelion commented on the view of the ocean issue, and on the parking issue at
LaPerla and Pier Park. Also important is a comment made by Architect Castineira that
parking is not just a problem for the building but also for the City and he is correct.
Commissioner Goldman asked what percentage of the 813 units in Trump Towers are
occupied by primary residents, secondary residents and vacationers,and what percentage are
owned by investors who rent those out? Attorney Mars said roughly it is about 40%full time
residents. It is hard to determine investor ownership just because of the nature of how they
own, meaning whether they rent, and a lot of times they may buy as an investment but they
may use it a few times a year and so it is hard to know that statistic.
Mayor Scholl said we make decisions as a Commission, and we are not going to make
everybody happy but sometimes you have to look at ways to right certain wrongs. The fact
that we allowed the buy down of spaces in the first place was a huge mistake,just like the fact
that we allowed LaPerla to enter through that Park. We have been paying for that vote for
years. LaPerla has never been happy, the City actually used to own parking spaces in
LaPerla's garage because that was part of the mitigation to allow the entrance through the Park
which was another disaster because the City could not really use those spaces and so LaPerla
had to open their garage to the public to use the City's spaces for the folks on the weekends. A
few years back we negotiated with LaPerla Association and we got the spaces in the garage
back to LaPerla and they paid fair market value to the City for those spaces. Unfortunately
when prior Commissions make decisions that do not play out the way they thought as they did
not consider all the unintended consequences of the decisions they make at certain points in
time. The residents in those buildings pays for it and ultimately the City pays for it and so he
does agree with Architect Castineira and as Commissioner Aelion pointed out that it hurts the
City and the residents. He has been pretty tough on variances over the years because when
developers come for variances they are looking to make more money and typically they are
looking at it from an economic perspective. What he always centers his questions around is
how do the adjacent property owners feel because when they are asking for a variance those
are the ones that are going to be impaired the most. The last variance that he gave folks a hard
time on was with the Chateau because they wanted to build a 20-foot wall three(3) feet when
they were supposed to have a 20-foot setback. He actually lost but he argued against that
variance in that Commission meeting. In this case the adjacent property oWner is basically the
Applicant, the three (3) buildings, what they are asking are encapsulated between the centers
of the two sets of buildings. And so it is kind of a unique condition whereby there is nobody
next door that they are bothering and so that to him is one of the major criteria of a variance.
Mayor Scholl said the fact is that we changed our Code. We used to have 8 'A foot spaces and
we used to allow the buy down of the parking and he thinks over the years we realized that we
made a mistake because the unintended consequences of the way we had it structured
originally left buildings under parked and it left residents in having a hardship,and that is what
is going on here. The fact that we changed our Code and what these residents are doing is they
are coming back and they are saying we really want to adhere to the new Code because we
recognize that the Code change made perfect sense relative to the intensity of the parking
needs of all buildings. Again, he doesn't think they are asking for anything that we have
already admitted to ourselves is necessary. Before he was a Commissioner he was very
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Summary Minutes:Regular City Commission Meeting February 19.2015 City of Sunny Isles Beach,Florida
involved with the City and used to come to all the Zoning hearings. When the original designs
came in for this, and what he recalls is that they were asking for what they are asking for
today,and at that point the pressure on beachside Zoning was there and the nuance of allowing
the buy down of the spaces was there and so the Commission forced the developer to
compromise the spaces that were really needed to support the three (3) buildings for at that
point getting site plan approval. Unfortunately what happens is that developers go away,they
build a building and they turn it over to a condo association and say it is all yours. Sometimes
the Associations recognize what they are getting into and sometimes they don't. But in this
case, this developer got what they needed to get their building approved to build it but
unfortunately built it under-parked. It is very difficult as a resident to realize whether a
building is under parked or not under parked. We indulged that, we indulged that site plan
modification to take the spaces down to less than the bare minimum obviously and then a few
years later we come back and say we made a mistake, we can't fix that retroactively but we
can fix it for future projects and so now we are going to make spaces nine(9) feet and we are
going to require two (2) over 1,800 feet and 1'% less. Now the residents from the Trump
Towers are coming up to see if we can right the wrong that was committed nine(9)years ago
when the building was built.
Mayor Scholl said on some of the other issues that came up,the cars are there. The fact is that
he did walk the building at one point and the cars are tripled parked on the weekends,and it is
an unsafe condition. If our Code Enforcement folks went there and hung out in that garage for
a weekend,the building would be getting cited. To Vice Mayor Gatto's point,what happens is
that someone has a party and has 20 cars and the resident who needs to park comes back late
they don't have a parking space, it is not allocated that way. It is kind of allocated on a first
come first served basis. He is glad to hear that the Association went out and talked to their
neighbors. This is another thing that he always asks about variances, usually he is focused on
the adjacent property owners but in this case,to former Commissioner Brezin's point,the view
corridor does get affected. The other day he walked up and down Collins Avenue and he
looked up and he agrees with Architect Castineira,the landscaping that is there tops out at the
level of what they want to build behind it, and they are setting it back. And so the fact is, it is
not like we are starting from ground zero,the view corridor is already impaired between those
buildings because we already allowed a parking pedestal between those buildings. From his
perspective,and again, this is not going to make everybody happy but as Commissioner Levin
describes it, sometimes you have to break a few eggs to make an omelet and from his
perspective we already killed the view corridor at the street level. He agrees that some unit
owners at the right angle from across the street might get affected by this, what is most
problematic for him is hearing from a building owner that is dissatisfied because he would
have thought that the Association would have went to the unit owner who'might get impaired
by this and take care of it. He is going to encourage that too because we just went through a
process over at Gateway Park whereby we are going to build a pedestrian walkway and we
have to put a tower right behind a row of condominiums and thankfully we compensated a
couple of unit owners that their view corridor was getting directly impaired. And so he would
encourage the folks at Trump to talk to the unit owners that were getting directly affected
because that surprised him.
Mayor Scholl said it is encapsulated within a project,and he thinks we are curing a wrong that
we made a mistake years ago. We down parked this property when we approved it years ago
Summary Minutes:Regular City Commission Meeting February 19,2015 City of Sunny Isles Beach,Florida
and it is coming back to haunt us. We created a terrible situation for LaPerla years ago and it
has come back to haunt us. He feels like we have an obligation when we can in a future
Commission to try to fix those things if we can, at least if we have a reasonable proposal in
front of us that might create some frustration for folks but it cures a major ill.
Commissioner Aelion asked Architect Castineira what is the height differential between the
new height and the top of the railing outside close to the swimming pool, and Architect
Castineira said it is even. Commissioner Aelion said every building has its own security,and
this is a common element and a person from one Tower goes to the other,have you accounted
for that, the privacy issue for each building? Architect Castineira said the decks are going to
be unified from both Towers and they will be able to share the new common area. The
building itself is also common space and in the parking decks you communicate through the
whole pedestal as it exists right now and so it is no different than that. Mayor Scholl said the
lanai has a natural break, and Architect Castineira said it is open and can be walked across.
Attorney Mars said there is a plaza area currently on the lower level and we are just raising it
and making it the same level. He understands your security concern but it is the same security
that currently exists, it is just now going to flow differently. Commissioner Levin said when
she first learned about this issue,the first thing that occurred to her was thatit was a bad policy
to allow the parking buy-down, and she believes that they do have the right to have quiet
enjoyment of their premises and this is a big part of it. Obviously the adding of the additional
parking spaces, the change of the structure, and adding all of these additional amenities will
increase the property values which would bring more taxes to the City.
Commissioner Aelion moved and Commissioner Levin seconded a motion for approval,
subject to staff conditions. Resolution No. 15-Z-150 was adopted by a roll call vote of 4-
1 [Vice Mayor Gatto against] in favor.
Vote: Commissioner Aelion yes
Commissioner Goldman yes
Commissioner Levin yes
Vice Mayor Gatto no
Mayor Scholl yes
[City Clerk's Note: The Commission took a ten-minute recess after hearing Item 6,4.]
7. ORDINANCES FOR FIRST READING
7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Ordinance No. 2014-436;Amending the City's Budget No.BA1415-02 for the 2014-2015
Fiscal Year—General Fund,Street Maintenance&Construction Fund,Building Fund,
Capital Fund, 2011 Capital Projects Fund, 2010 Capital Projects Fund, Stormwater
Fund and Stormwater Capital 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: City Clerk Hines read the title, and Finance Director Audra Curts-Whann reported
that the budget is being amended in conjunction with the Audit Report. Upon conclusion and
receipt of our Annual Audit we have the ending final September 30, 2014 fund balances to
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Summary Minutes:Regular City Commission Meeting February 19,2015 City of Sunny Isles Beach,Florida
carry forward as well as projects, purchase orders that need to be re-appropriated for transfers
between projects. There are prioritized needs between projects where funds need to go as
well as any additional budgetary needs that we have identified in the interim while we were
waiting for completion of the Audit.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor 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, March 19,2015,
at 6:30 p.m.
Vote: Commissioner Aelion tes
Commissioner Goldman yes
Commissioner Levin yes
Vice Mayor Gatto Ls
Mayor Scholl ves
7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida.Amending
Chapter 171 ("Historic Landmarks")of the Code of Ordinances to Provide a Definition
of"Objects"; Providing for Severability; Providing for Inclusion in the Code; Providing for
Repeal of Conflicting Provisions; and Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Attorney Ottinot reported that this
Ordinance was requested by the Historic Preservation Board, and he noted that the Chair of
the Board Jorge Camaraza is here tonight. The purpose of this amendment is to identify the
historical objects collected by the City from the hotels located on motel row. In order to
properly identify the historical artifacts as historical objects this is to ensure they are
preserved with respect to the duties of the Historic Preservation Board. This Ordinance
defines "objects" based on language from the Code of Federal Regulations, and includes
boundary marker, monument, milepost, fountain, sculpture, and statuary.
Public Speakers: None
Commissioner Aelion said that the Commission has approved the site plan for the new two
Acqualina Towers which are going to come in where the Golden Strand is located which is
an historic hotel that has been here for many years. There is a plaque of seahorses on the
wall that may be an interest to the Historic Preservation Board but there is a plaque at the
entrance gate on the right made from brass that is also an emblem of the Golden Strand and it
is worthwhile for the Board to consider it as an object to preserve.
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
proposed Ordinance on first reading. The motion was approved by a roll call vote of5-
0 in favor. Second reading, public hearing will be held on Thursday, March 19,2015,
at 6:30 p.m.
Vote: Commissioner Aelion yes
Commissioner Goldman ves
Commissioner Levin ves
Vice Mayor Gatto ves
Mayor Scholl yes
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Summary Minutes:Regular City Commission Meeting February 19,2015 City of Sunny Isles Beach,Florida
7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida.Amending
Chapter 62 of the Code of Ordinances to Clarify that Contracts for Professional Services
Within the Threshold Amounts for Professional Services Governed by Florida Statutes
§287.055 (The "Consultants Competitive Negotiations Act") Shall Not Exceed
S25,000.00 Unless Approved by the City Commission; Providing for Severability;
Providing for Inclusion in the Code; Providing for Repeal of Conflicting Provisions;
Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Attorney Ottinot reported that this is a
housekeeping item. Currently Section 62-13 provides that contracts for professional services
are exempt from competitive bidding, except for contracts of more than $10,000. This
Ordinance amends Section 62-13 to conform to the threshold amount of$25,000 for approval
by the City Commission.
Public Speakers: None
Commissioner Aelion said that this was part of the presentation by Finance Director Curts-
Whann at one of the workshops where she gave rationalization as to giving,an exception to
certain contracts that may be intergovernmental collective bargaining, it was not fully
addressed. He also thinks the ceiling should be defined for all concerned and for clarity and
transparency that a certain amount should be sought. If an amount higher than$25,000 then
he would suggest a $50,000 max limit inclusive of those exceptions be approved by the
Commission and not just something left for the City Manager's office.
City Manager Russo said in further clarifying what Commission Aelion is saying,we had this
discussion on bidding items that will be brought back as routine annually. At the beginning
of this Fiscal Year we brought back a number of items through the Finance Director but we
were re-authorizing the amounts for the year on what would really amount to routine things.
They are not utilities but we use that as an example,the authorization on the repairs to buses,
on tires,there was a number of things that are done through the collective bidding process or
the consortiums or State contracts. For example, things we do on an annual basis where we
budgeted specific amounts that we could give authorization to the City Manager to re-
approve those kind of things. Mayor Scholl said what he is hearing is Commissioner
Aelion's issue is a separate issue but Commissioner Aelion can take that issue up with the
City Manager and the Finance Director and then it can come back to the Commission.
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
proposed Ordinance on first reading. The motion was approved by a roll call vote of5-
0 in favor. Second reading, public hearing will be held on Thursday,March 19,2015,
at 6:30 p.m.
Vote: Commissioner Aelion yes
Commissioner Goldman yes
Commissioner Levin yes
Vice Mayor Gatto yes
Mayor Scholl yes
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Summary Minutes:Regular City Commission Meeting February 19,2015 City of Sunny Isles Beach,Florida
7D. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Section 150-1 of the Code of Ordinances ("Materials and Color of Exterior Walls")to
Update the Color Palette for Exterior Walls of Structures; Providing for Severability;
Providing for Inclusion in the Code; Providing for Repeal of Conflicting Provisions; and
Providing for an Effective Date.
Action: City Clerk Hines read the title, and Planning and Zoning Administrator Claudia
Hasbun reported that this is to update our Color Palette from Sherwin Williams.
Public Speakers: None
Commissioner Aelion said he is uncomfortable with the singular use of a contractor. Ms.
Hasbun said that the Code actually allows that flexibility as long as it is appropriate with the
color palette we can allow other providers.
Commissioner Aelion moved and Vice Mayor 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, March 19,2015,
at 6:30 p.m.
Vote: Commissioner Aelion ves
Commissioner Goldman ves
Commissioner Levin ves
Vice Mayor Gatto ves
Mayor Scholl ves
7E. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Section 265-5 of the City Code Entitled"Definitions"to Include Public Parks Managed
by Miami-Dade County and the State of Florida in the Definition of Public Parks;
Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code;
Providing for an Effective Date.
Action:City Clerk Hines read the title,and City Attorney Ottinot reported that under the City
Code we have a need to clarify the definition of a Park. We have one public Park that is
owned by the State that is considered a Park in our Comprehensive Plan which is the beach.
Adjacent to that is Haulover Park which is operated by the State.
Public Speakers: None
Mayor Scholl said the issue is our Code at times speaks to adjacency to parks, and this Park
would not have technically qualified as an adjacency and we are making sure that it does.
Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve the
proposed Ordinance on first reading. The motion was approved by a roll call vote of5-
0 in favor. Second reading, public hearing will be held on Thursday,March 19,2015,
at 6:30 p.m.
Vote: Commissioner Aelion ves
Commissioner Goldman yes
Commissioner Levin ves
Vice Mayor Gatto ves
Mayor Scholl ves
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Summary Minutes:Regular City Commission Meeting Febmary 19,2015 City of Sunny Isles Beach,Florida
7F. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,Amending
Chapter 265 "Zoning" Section 265-35D(4)(C) to Provide an Option for Design
Flexibility for Lots with Frontage Over 200 Feet or More in Width; Providing for
Severability; Providing for Inclusion in the Code; Providing for Repeal of Conflicting
Provisions; and Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Attorney Ottinot reported that this
Ordinance was requested by Mayor Scholl. This Ordinance provides options for design
flexibility for development projects within the Mixed Use-Resort District. Specifically the
lots on the east side of Collins Avenue that exceed 200 feet or more in frontage may
participate in the Design Flexibility Program which requires a contribution of S1 Million or
$500,000 for Park improvements and other Capital Improvements. By adopting this
Ordinance the City will treat similar situated properties in the same way.
Public Speakers: None
Mayor Scholl said he requested this because there is an inconsistency in our Code. A while
back we gave incentives for combining lots and if you had a certain frontage you got a certain
incentive. What is interesting is every time we do these types of things we never think of all
the combinations and unintended consequences but what we realized is,if you have the lot
size that the combined lot created, you were stuck under the old Code and didn't get the
benefit of the incentives. The only way you would get the incentive is if you combined two
lots but if you owned or bought a lot that was the same size of the combination of the two,
you were basically impaired under the old Code. This Ordinance cleans up that discrepancy.
Commissioner Aelion said we could maybe increase the fees for variances of setbacks by
$500,000. Mayor Scholl said some folks paid already, and some anticipate paying it. City
Attorney Ottinot said in the proposal it is SI Million and it gives the Commission the right to
amend the fees in the future. Commissioner Levin said that this would only affect anybody
who has not yet submitted a site plan for approval? City Attorney Ottinot said it would be
for anybody who has not been issued a Building Permit. Mayor Scholl said you have to be
careful because you might anticipate your project based on how our Code reads and then
anticipate we were going to fix the issue if you own a lot 200 feet or greater. By upping the
ante he could make an argument that if you haven't submitted your site plan yet but
unfortunately it is punitive on folks that have submitted,you would have separate approval.
Commissioner Aelion said he meant on future plans, anything that has been received as an
Application, dated and stamped by the City would not be applicable. City Attorney Ottinot
suggested to adopt the Ordinance as is and instruct staff to study the fee issue.
Commissioner Aelion moved and Commissioner Levin 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, March 19, 2015,
at 6:30 p.m.
Vote: Commissioner Aelion yes
Commissioner Goldman yes
Commissioner Levin yes
Vice Mayor Gatto yes
Mayor Scholl yes
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Summary Minutes:Regular City Commission Meeting February 19,2015 City of Sunny Isles Beach,Florida
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
9. ORDINANCES FOR SECOND READING (Public Hearings)
9A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,Amending
Section 104-4.4 of the City Code Relating to"Art in Public Places"to Require Payment
of a Ten Percent(10%)Nonrefundable Deposit for the Cost of the Art Work; Providing
for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for
an Effective Date.
(First Reading 12/18/14; Deferred 01/15/15)
Action:City Clerk Hines read the title,and City Attorney Ottinot reported that Section 104-
4.4 of the City Code requires Applicants to either construct a work of art, or pay into the
Public Art Trust Fund, on the basis of certain cost allocations. This Amendment requires a
10% nonrefundable deposit if the Applicant is required to make a monetary contribution.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
Ordinance on second reading. Ordinance No.2015-443 was adopted by a roll call vote
of 5-0 in favor.
Vote: Commissioner Aelion yes
Commissioner Goldman yes
Commissioner Levin yes
Vice Mayor Gatto yes
Mayor Scholl yes
10. RESOLUTIONS
10A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Accepting
the Results of the Special Election Which Was Held on Tuesday, February 17, 2015,
Declaring Dana Goldman to be Elected as Commissioner, Seat 3; Ratifying the
Removal of Emanuel Pine, and the Appointment of Gloria Taft to the Canvassing
Board; Discharging the Canvassing Board for the Special Election; Providing for an
Effective Date.
Action: [City Clerk's Note: Documents for this item were distributed prior to the meeting.]
City Clerk Hines read the title, and Mayor Scholl stated that we had a Special Election this
past Tuesday, February 17, 2015. When he had decided to run for Mayor, he was halfway
through his term as Commissioner in the south end of the City. In Florida we have a Resign-
to-Run Rule, he cannot hold two (2)public offices at the same time, or if he should lose,to
keep his old public office and so he had to resign his seat. In doing so,as'our Charter reads,
we make a temporary appointment which was Commissioner Goldman, and within 90 days
we hold a Special Election to fill that seat. There were three (3) candidates in the Election,
and Commissioner Goldman won with 52% of the vote which precluded a run-off. If she
would have gotten less than 50%, we would have had a run-off election. Tonight we can
confirm her,and accept the results of the Election,and discharge the Canvassing Board. City
Clerk Hines administered the Oath and installed Commissioner Dana Goldman.
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Summary Minutes:Regular City Commission Meeting February 19,2015 City of Sunny Isles Beach,Florida
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2015-2375 was adopted by a voice vote of 5-0 in favor.
10B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Reappointing Rafael E. Suarez-Rivas, Esq. and Ellen Lavin, Esq. as Special Masters,
for a Period of One Year. in Accordance with Section 14-3 of the Code of Ordinances of the
City of Sunny Isles Beach; Providing for an Effective Date.
Action: City Clerk Hines read the title, and City Manager Russo reported.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2376 was adopted by a voice vote of 5-0 in favor.
10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Selection of Cigna as the Provider for Employee Health; Humatia as the Provider
for Dental Insurance and Vision Care; Lincoln Financial as the Provider for Life
Insurance, Accidental, Death & Dismemberment (AD&D) Insurance, Long-Term
Disability Insurance, Voluntary Short-Term Disability Insurance,and Voluntary Life
Insurance,for a One-Year Period; Authorizing the City Manager to Enter into Agreements
with these Providers, Provided Said Agreements are Approved as to Form and Legal
Sufficiency by the City Attorney; Further Authorizing the City Manage to Do All Things
Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Human Resources/Risk Management Director
Yael Londono reported. City Manager Russo noted a supplemental memo he distributed to
the Commission yesterday. We had a number of substantial and very legitimate medical
cases which made our experience pretty bad, and it may not be much better next year,
combined with the increase of cost for health care has made this a real challenge. Between
the work of our staff, our Brokers, and he has to give particular credit to our employee both
from the sworn Police Department and civilian who worked with him through several
meetings, not only in working on getting the cost down right from the carriers, but he is
looking at some of the benefits that were fair and reasonable to keep both the City's cost
down and in turn the employee's cost down, and we are still negotiating with the employee
representatives and changes in the formula for the employee contribution which will benefit
the City and the overall good of the employees. Sometimes when you put the problem on the
table without the solutions and say this is what we have to face and everybody rolls up their
sleeves and really did a good job the past two years. That work alone has accounted for
about 5500,000 of potential increase being eliminated. You combine that with the work our
Brokers do, they brought this down from 44 to 29 before we started dealing with it. Mayor
Scholl said we have a great working relationship with all of our employees but when our
agent does their job and everybody understands the issue, it is a wonderful thing that we can
reconcile this because it used to be every 3 to 5 years you would go out for a new bid, and
now it is every year and you are facing these issues all of the time.
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Summary Minutes:Regular City Commission Meeting February 19,2015 City of Sunny Isles Beach,Florida
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2377 was adopted by a voice vote of 5-0 in favor.
10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
the Request Submitted by Sunny Isles Property Venture, LLC ("Applicant") for a
Modification of an Approved Temporary Sales Center; Approving a Waiver of the
Landscaping and Setback Requirements for the Temporary Construction Fence;
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 Planning & Zoning Administrator Claudia
Hasbun reported noting the Site Plan that had been distributed.
Public Speakers: David J. Coviello, Esq.
David J. Coviello, Esq.representing the Applicant said this is the second stage in the project,
the installation of the temporary Sales Center. There is an existing Sales Center on site now
and they are simply modifying that structure. They are expanding the Sales Center to the
other lot to provide for some additional parking as well as for additional event space.
Mayor Scholl noted that Commissioner Goldman had a conflict of interest as this is her law
firm, and she had stepped out of the room.
Commissioner Levin moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2378 was adopted by a voice vote of 4-0-1
[Commissioner Goldman abstained] in favor.
10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
a Request Submitted by RDR Seashore, LLC to Build a Construction Fence with
Graphics at the Seashore Club Site Located at 18975 Collins Avenue; Approving a
Waiver of the Landscaping and Front Setback Requirements; Establishing Conditions
for the Location of the Construction Fence; 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 Hines read the title, and Planning & Zoning Administrator Claudia
Hasbun reported noting a new Addendum package that the Applicant submitted of the site
plan/survey for the fence at the north neighboring property request. She said one of the
conditions is that the Applicant agreed to submit a site plan application by November 2015.
Public Speakers: Andrew Chesnick, Esq.; Antonio Bruscantini; Serbilio Pino; Stuart
Zobert, Esq.
Andrew Chesnick, Esq. representing RDR Seashore,said they are seeking approval to build a
construction fence with graphics at the Seashore Club site located at 18975 Collins Avenue.
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Summary Minutes:Regular City Commission Meeting February 19,2015 City of Sunny Isles Beach,Florida
They are also seeking approval of a Waiver of landscaping and front setback requirements.
At the request of the City and of their neighbors,they adjusted their original fence line about
20 feet from their property line southward to make sure they had proper access to their
property. This will eventually be the site of their new project"Residences by Armani/Casa".
Residents from the neighboring Miami Beach Club Condominium said they were concerned
about a safety issue with the parking as there is no room for two vehicles side by side which
means the last vehicle in would have to back out into the street as you cannot turn around in
12 feet. Stuart Zobert, Esq. representing the Miami Beach Club Condominium located at
19051 Collins Avenue said they are the neighboring property owner and had no notice of this
item. He said they are already in litigation with RDR Seashore. He asked that this item be
tabled for now to give them more time to prepare. Attorney Chesnick said they own the
property 100%and that there is no pending litigation with a third party. Additionally, three
(3) cars are parked in the back of the Miami Beach Club and it is an alleyway. The fence
they are putting up is on the southern-most side of the curb cut and so it does not affect the
current curb cut, egress or ingress. It is a safety issue and that is why they are putting the
fence up as the property next door is abandoned. The fence height on the side that would
approach the Miami Beach Club is six-feet high. It is a chain fence and in the front the fence
is eight-feet with signage. They are well within their property rights,as they researched the
title and they know they own that actual alleyway as well. There is no recorded easement or
any other document that is recorded on the title.
Commissioner Aelion asked if it was going to be an extension of the present, and Ms.
Hasbun said it is going to be on Collins Avenue on the property line and to the sides and
back as well. With that it is in the northwest corner by a 15-foot extension. Commissioner
Aelion asked what is the setback from the sidewalk to the actual fence built at the vehicular
exit? Ms. Hasbun said the requirement at the front property line is six feet but they are
requesting the waiver. Unfortunately the configuration of the driveway does not provide any
site plan at this moment, and so even the driveway to the north, because of the property line
that runs between the two,will not be conforming. Commissioner Aelion said if you want to
exit,the canvass will block the view,it is not a chain-link fence that has a see-through,it will
be covered with some sort of canvass. He suggested putting in a mirror and said we have
these issues often with other high-rises on the beach and the way it was resolved was by
putting up a big reflecting mirror so you can see oncoming traffic or pedestrians. He clarified
that the canvass will be on Collins Avenue and not protruding on an L-Shape inside,and Ms.
Hasbun said the canvass will not but the fence will be. Attorney Zober asked that this
application be denied or tabled. He did not know that the litigation was resolved.
Commissioner Levin asked about the ownership again, and Attorney Chesnick said RDR
Seashore owns the Seashore Club 100%, and the Miami Beach Club is owned by 108
different condominium unit owners. City Attorney Ottinot said the Applicant did provide the
City with proof of ownership, and we reviewed it. He said Attorney Zobert came to him the
night before about this and he indicated to them that if they are going to prove their easement
he needs to bring him some kind of legal document to support that. Commissioner Levin
asked with the driveway that is there, is it possible for it to work? Ms. Hasbun said as it
shows,no it is not,unfortunately they would not have access to it. Commissioner Levin said
the carve out piece is for sight and that is where people would have to back out? Ms.Hasbun
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Summary Minutes:Regular City Commission Meeting Febmary 19,2015 City of Sunny Isles Beach,Florida
said right, not only to back out but it is the ingress and egress for those three (3) parking
places in the back of the property. Commissioner Levin asked if there is parking in that
seven feet, and Ms. Hasbun said no. Mayor Scholl said there are only three (3) parking
spaces in the back of the Miami Beach Club. Vice Mayor Gatto said the parking on the side
will they also have to use the egress? Ms. Hasbun responded no, they have a separate
driveway. Mr. Bruscantini said even though there is only three parking spaces in the back,
there are actually six(6)parking spaces and there is limited space to acces's that space, it is a
safety issue. Attorney Zobert said there are three large parking spaces but six cars can park
there. There are only 73 parking spaces for 108 units. Vice Mayor Gatto said we are really
talking about three parking spaces that would have to deal with this. Ms.Hasbun pointed out
that driveway, since we now have a property line running right through that driveway, the
driveway is non-conforming that is why those areas should have at least 25 feet setback from
the property line. Mayor Scholl said then they have been working off the benevolence of
their neighbor for several years just because nobody brought it up. The neighbor could have
put a chain-link fence down that driveway years ago if they wanted to. Vice Mayor Gatto
asked if there is anything that would resolve this, with the fence maybe. Attorney Chesnick
said they moved the fence as close to the property as they can, Mr. Pino had reached out to
Ms. Hasbun and he asked them to move the fence, and so they moved the fence. Mayor
Scholl asked how far off of the property is the fence? Ms. Hasbun said they actually moved
it to the northwest corner. Commissioner Aelion said the 15 feet would allow an easier
ingress and egress, and Ms. Hasbun said that is correct, and she showed the new sketch.
Attorney Zobert said then that they are proposing to only setback at the very front, the fence
is still sitting there.
Commissioner Aelion said that no legal document from the courts has been presented,there
is no recorded easement, and Attorney Chesnick said that is correct. Commissioner Aelion
said he is satisfied with the extra setback that is being allowed here today but the fact that
they are now setting back an extra 15 feet on the northwest corner,it should resolve that issue
of concern. Mr. Pino said they do have three parking spots and for years they have been
parking in tandem because the spaces were deep and of course they have the restriction of not
enough parking spots, and his concern is that they have only given them 15 feet, 3 of it they
cannot use, and so it is 12 feet. If three cars are parked in there, the only way to get out is by
backing out. They know it is not in compliance to park more than 3 vehicles but since it is so
deep they have been parking six cars in there for 35 years.
Mayor Scholl said the properties were split 35 years ago, you knew the Seashore Club was
giving that up and that was common knowledge to everybody. If you really believed you had
an easement than you should have recorded it,and so you waited until the zero hour when the
neighboring property owner decided to put a property line fence up,and he always had a right
to do that. You waited until the zero hour and now you are saying that there is an implied
easement here. The issue here is that you have had 35 years to deal with your parking issue,
and unfortunately everybody sat on their rights. Unless you can prove to the City Attorney
that there is an easement there, but if there was that would have been proffered. Either you
have an easement or you don't. City Attorney Ottinot said before the meeting he had asked
Attorney Zobert for proof of easement and he had indicated that he did riot have the proof.
Mayor Scholl said that the fact is if the owners wanted to put up a chain link fence they could
come to the Building Department and get a permit to do it and not have to come to the
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Summary Minutes:Regular City Commission Meeting February 19.2015 City of Sunny Isles Beach,Florida
Commission for approval because that is as of right for them. They just happened to be
asking for a condition because they are going to build a Sales Center and they want some
signage. We are sympathetic to your cause but the property owner has rights too.
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2379 was adopted by a voice vote of 5-0 in favor.
10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
a Request Submitted by Porsche Design Tower Miami ("Applicant") to Allow an
Exterior Color Outside the Approved Color Palette for the Off-Site Sales Center
Located at 17190 Collins Avenue,Commonly Known as Epicure Restaurant;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 Hines read the title, and Planning & Zoning Administrator Claudia
Hasbun reported that the Applicant is requesting that a section of the west elevation be
painted in black which is a color that is not permitted under our color palette.
Public Speakers: Andrew Chesnick, Esq.
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2015-2380 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,Approving a
Memorandum of Understanding Relating to an Amended Pay Plan for Sergeants as Set
Forth in Article 10 of the Collective Bargaining Agreement Between the City of Sunny
Isles Beach and Dade County Police Benevolent Association (PBA), Attached Hereto as
Exhibit"A"; Authorizing the City Manager and Police Chief 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 that this is the
second part of the approval we did on the Pay Plan and evening out the steps for all the
different ranks in the Police Department.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2015-2381 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, Approving
the Restrictive Covenant Between the City of Sunny Isles Beach and the Florida
Division of Cultural Affairs Declaring Gateway Park as an Open Space, Park and
Cultural Facility, in Substantially the Same Form Attached Hereto as Exhibit "A";
Authorizing the Mayor to Execute Said Restrictive Covenant;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 Manager Russo reported that we approved
Summary Minutes:Reeular City Commission Meeting February 19,2015 City of Sunny Isles Beach,Florida
this a couple of months ago based on the guidelines that the State sent us. They have made a
couple of minor changes since then. This was the requirement with the approval for the
$500,000 State Grant that we got for Gateway Park. We had to put in a Restrictive Covenant
to use it for a Park for at least 10 years.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2382 was adopted by a voice vote of 5-0 in favor.
10I. Add-On:
Resolutions Authorizing the Grant Pay-Off to the Department of Environmental Protection
and Approving the Release and Cancellation of Declaration of Restrictions for 500 Sunny
Isles Boulevard:
10I.1 A Resolution of the City Commission of the City of Sunny Isles Beach,Florida.Authorizing
the City Manager to Issue Pay-Off Amount Not to Exceed S178,191.93 to the Florida
Department of Environmental Protection ("DEP") to Refund Grant Provided to the
City;Providing the City Manager with 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: Both Resolutions were heard together.] City Clerk Hines read
the title,and City Manager Russo reported that this is the return of grant money for the Bella
Vista Bay Park property that we have now sold. If for some reason the sale does not get
totally completed, we would be applying for a different grant anyway but this was a
requirement of it. This was taken into consideration in the purchase price. City Attorney
Ottinot said that closing was tentatively scheduled for February 23, 2015 however Rabbi
Kaller has asked for a two-day extension which we gave to him. The closing date will now
be March 5, 2015.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2383 was adopted by a voice vote of 5-0 in favor.
101.2 A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Release and Cancellation of the Declaration of Restrictions Recorded in O.R. Book
26192, Page 1229; 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 Hines read the title, and City Manager Russo reported.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2384 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting February 19,2015 City of Sunny Isles Beach,Florida
10J. Add-On:
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Authorizing
the City Manager to Negotiate an Agreement with Bicycle Action Committee for the
BAC Program and Use of the City Seal on Clothing; Authorizing the City Manager and
City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
Action: [City Clerk's Note: See Action under Item 12B..] City Manager Russo reported.
Public Speakers: Richard Cahlin
Commissioner Levin moved and Commissioner Aelion seconded a motion to approve the
resolution. Resolution No. 2015-2385 was adopted by a voice vote of 5-0 in favor.
11. MOTIONS
None
12. DISCUSSION ITEMS
12A. Discussion regarding the City Advisory Committee (CAC).
Action: [City Clerk's Note: Item 12A was heard after Item 5A.] Mayor Scholl introduced
Chairperson Jeniffer Viscarra of the City Advisory Committee. She reported that they have
had one meeting so far this year. It was a very productive first meeting but there were some
issues that came up,mostly that we need some direction from the Commission. In reviewing
everything that has been done over the last couple of years, there are some things we intend
to keep doing. One of them is to continue the Condo Workshops that were very successful
and that member Howard Gordon intends to continue doing that. Also to continue the 40-
Year Inspection Forums. There are some buildings coming up for this, Winston Towers,
Plaza of the Americas, and other older buildings on the west side.
Chair Viscarra said they also want to invite the Department Heads to the meetings and she
remembers that at one of our meetings last year we had the Department Heads come and
introduce themselves and explain to the Committee what they do. It is important for them to
understand how the City functions and what everybody does as we are to be the liaison
between the community and the Commission,and so we would like to invite the Department
Heads to come back to a future meeting so they can understand what their role is. Going
forward for further understanding of the context, and she believes it is about context, we
can't just meet in a little room and discuss ideas in a vacuum,we have to understand not just
our buildings but the bigger issues.
Chair Viscarra said she had a meeting with City Manager Russo who had recommended that
they could take a bus tour to see the scope of the construction projects, the sand mitigation,
we don't all live on the beach and we don't all understand that there is sand missing,or sand
shifting,or turtles that prevent us from putting in boardwalks or other things that people may
come to us with these ideas but we may not be able to do that.
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Summary Minutes:Regular City Commission Meeting February 19,2015 City of Sunny Isles Beach,Florida
Chair Viscarra said there are five(5)meetings left and we meet every other month,and so we
would like one of the Commission to attend one meeting. Because it is difficult with the
Sunshine Law to communicate, and for the new members to understand,and to allow us the
opportunity to interact with a Commissioner. Mayor Scholl clarified that she wants one of us
to attend each of those five meetings because there are five of us, and he said that would be
perfect.
Chair Viscarra said we could provide community input as we are talking about a point that
came up in her meeting with the City Manager. We can help provide the community input
with the beach mitigation of the project. We can help with the people who live on the beach
when work has to be done people are inconvenienced in one way or another. Something else
that became apparent in our first meeting, you brought up the traffic issues, it seems that all
roads lead to FDOT, and that having a subcommittee for traffic may not be the most
productive if there is really nothing we can do when everything has to go to an expert or a
traffic engineer. Therefore,we are considering reorganizing our subcommittees or if we can
be redirected in what might be helpful. We also had some input in sporting events, we have
a member who was very enthusiastic, he had a lot of good ideas and brought the meeting to
life,and we all got excited. However,when speaking with the City Manager he had said that
would be nice but everything has to be budgeted, you have to plan well ahead, and so they
would be happy to entertain these ideas for the future. Now we just ask that the Commission
give us some direction, if you have something that is more pressing we can focus our
energies on the things that would be useful to you as opposed to coming up with good but not
workable ideas.
Mayor Scholl said the idea of going out with the City Manager on a field trip, and maybe
there are two field trips, there is one to understand the inter-workings with the City which is
maybe go upstairs and go over budgets and understand a little bit about what that process
entails. We kind of live and die by it and so we understand it very well and we take for
granted a lot of times that everybody that deals with the City understands it but that is not the
case. Your sporting event is a great example. If it is not in the budget then we have to
budget and then we would have to appropriate special funds and what have you. The idea of
the City Manager taking the group out, and again the City Commission cannot do that under
the Sunshine Law. Two of them cannot go to one of the meetings and discuss anything
because we could potentially have to vote on it. But the idea of a field trip is a great idea
because the City Manager could take you around and show you the hot spots, all the things
that we talk about weekly that we need to work on and that gives you a lot more context on
that and with us coming to your meetings individually that would add context to your
meetings. The City Manager can give you a pretty good scope of what he is working on and
what the global objectives are and he thinks we can do that individually as we go to your
meetings over the course of the year,and hopefully it will keep you from wasting time which
he knows everybody's time is valuable and at the same time we can have some symbolic
dialogue. Chair Viscarra said we have a very dynamic and interesting group and we are
ready to roll up our sleeves but we do need guidance.
Commissioner Aelion noted that Chair Viscarra was a member of this Committee last year
and asked if she has had interaction with the past chair Dana Goldman. Unless we can
capitalize on what Commissioner Goldman did as Chair last year then he thinks to continue
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Summary Minutes:Regular City Commission Meeting February 19.2015 City of Sunny Isles Beach,Florida
in her footsteps would be very appropriate. Chair Viscarra said yes,there are three things we
are keeping including the Condo Series,and she is also looking for direction on how to grow
because nobody really knows what the Commission needs or what direction the City is going
in,and so ideas were brought up but they didn't get any traction. Before we send individuals
to create subcommittees it is better to identify a handful of broad categories. If we can get a
couple more things where we can direct, especially the new members who are eager to help
but they have never created a subcommittee or understand how it works. She wants to be
able to give them direction so that they can be productive and we can be effective.
Commissioner Goldman said that she has found over the years in her participation in the City
Advisory Committee that one of the things the Committee always laments is sometimes the
lack of attendance and so while we have our own ideas, the best ideas come from the
residents and from the City. The more we can engage people and bring people into the fold
and have that conversation the better it will be for the City. And so the challenge is how to
get people to come to the meetings and maybe it is through social media, a platform, it is
through increasing that level of communication. We need to get the attendance up at the
CAC so again we can bring ideas to the floor and make a suitable recommendation that
would ultimately go before the Commission. Chair Viscarra said she agrees and that is why
the subcommittee that she is going to create is actually the CAC Outreach which is
addressing exactly that,how to capitalize on the media,the email,and all of that. Also going
to the Condo meetings, and if she could get five minutes in front of condo meetings so they
know that they exist because we take for granted that we all know the neighbors names and a
lot of people don't. She feels it is important that she goes to these condo meetings to reach
out to the community directly and let them know what we are and that we want their ideas,
and to precisely increase the attendance.
Commissioner Goldman said that she is also very much in favor of.the idea that the
Commissioners one at a time can go to a meeting. We have a lot of ideas and perspective
and knowledge about the CAC and some of us that have served on it, and Commissioner
Levin has served on it. And so we are all going to import our own knowledge, our own
experience and perspectives and she thinks that will be a very positive flow of information.
She thinks that is a great idea and she would be happy to participate in it.
Vice Mayor Gatto said she was intrigued with something that Chair Viscarra said on an idea
that you would almost be an extension in helping staff communicate situations that are going
on out there, whether it is construction where residents would be inconvenienced but you
could sort of be the mouthpiece to give people a head's up. That would have been a perfect
idea when we started the Samson Park/Chateau project, we probably could have all done a
better job of communicating and so she thinks that is an excellent idea.
Commissioner Levin said she agrees with Commissioner Goldman. One of the difficulties of
being a Commissioner is getting feedback from the residents and wanting to know what they
want and what they think. She knows that Susan Spiliotis mentioned doing pedestrian and
bicycle safety and she had mentioned it, and the Mayor had mentioned the two pedestrian
bridges that she didn't know about until tonight. She thinks she would like to speak to the
City Manager because he has a handle on everything that is going on and she would also be
interested in speaking with Chair Viscarra about the strengths of the Committee members to
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Summary Minutes:Regular City Commission Meeting February 19,2015 City of Sunny Isles Beach,Florida
see what their interests are and maybe come up with some ideas.
Commissioner Aelion said our City was built in an interesting way,we have the eastern side
high-rises but on the west side we have this sort of enclave. We have the;Winston Towers,
Golden Shores, the Arlen House, etc. and they have issues particular to their own areas.
Besides giving a generalized Condominium Series it would be good to isolate those areas and
concentrate more on the enclave by enclave issues which he thinks would be a better
outreach methodology.
Mayor Scholl thanked everyone and said he appreciates Jeniffer Viscarra's service on the
Committee and as the Chairperson.
128. Discussion regarding a Fundraising Proposal by Bicycle Action Committee to Enhance
Bicycle Safety in Sunny Isles Beach.
Action: [City Clerk's Note: Item 12B was heard after Item 12A.] Commissioner Levin
introduced Richard Cahlin of the Bicycle Action Committee (BAC).
Speakers: Richard Cahlin;
Richard Cahlin said he is the Founder and CEO of the Bicycle Action Committee a non-
profit 501(c)(3) organization. He said they partner with cities and so far they are in Miami-
Dade and in Broward Counties, they get permission to use their City Seal and their Color
Codes. They have a man and woman patented for education, and partner with the City's
Chamber of Commerce. They raise money from the private sector, they give them money
and they put the City's patch, brand, and logo on the clothing which he brought to tonight's
meeting. The clothing have "Share the Road" and other bike monikers "Three Feet Wide"
throughout the clothing. They raise the money and initially make 100 outfits. They put them
in bike stores in cities that they represent where they are able to be sold on their website and
the money that they raise in access of the money that they need for the outfits they give back
to the cities to fund their bike initiatives.
Mr. Cahlin said that they are requesting that the City of Sunny Isles Beach allow them to use
their City Seal and color codes and again,they will partner with their Chamber of Commerce,
and any other people that want to raise the money. The outfit he showed is for the City of
Miami Beach that they just finished. They are now fund raising for the City of Ft.
Lauderdale,and are in Miami, Pinecrest, Coral Gables,and they are discussing with the City
ofAventura. Doral.Miami Lakes,North Miami.and Palmetto Bay. They would like the City
of Sunny Isles Beach to consider doing this and they do not need any money. He noted today
that the Commission has set a tone for awareness for pedestrians,and awareness for walkers
and bikers, and so bicycle safety is a very difficult issue in an community, it is hard to retro-
set the streets, and he gave an analogy that it is like school lunches,everybody is for it but it
is very difficult to accomplish. This is sort of a light-hearted way to have the City and the
community partner to show there is support for safety. They have been successful in all of
the communities and they are now reaching out to the City of Sunny Isles Beach. They will
have their own shops, it is on their website, and they put it on consignment in bike stores.
Mayor Scholl said he is recommending that Commissioner Levin and the City Manager work
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Summary Minutes:Regular City Commission Meeting February 19,2015 City of Sunny Isles Beach,Florida
together on this, and we appreciate Mr. Cahlin for coming today with this presentation.
Commissioner Levin disclosed that she knows Richard as he is a CPA for a client of hers,
and he had told her about the Bicycle Action Committee. She thinks it is a really great idea.
Mayor Scholl said he had said the operative words, "no cost". City Attorney Ottinot said
procedurally based on the Charter because of the use of the City Seal, he needs the
Commission to approve the use of the Seal. Mayor Scholl said then that he needs a motion
to approve the use of the Seal as an advertising medium on the bicycle uniform.
Commissioner Levin moved and Commissioner Aelion said we should do something
contingent on, and Mayor Scholl said what we are doing is giving the City Manager
flexibility to work it out if he feels that it is appropriate but if he works it out then we have
already approved the use of the Seal.
Commissioner Levin moved and Commissioner Aelion seconded a motion to approve the
use of the City Seal. The motion was approved by a voice vote of 5-0. City Attorney
Ottinot said to turn this into a Resolution authorizing the City Manager to negotiate with
BAC for the program. City Manager Russo said he would follow up on this with our bicycle
safety personnel from both the Police Department and from the Cultural and Community
Services Department and have a meeting with Mr. Cahlin. [City Clerk's Note: See Action
above under Add-On Item 10J]
[City Clerk's Note: After Item 12B was heard, the Commission went back to hear Item 6A
and the remainder of the agenda was heard in order.]
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
None
14. ADJOURNMENT
Commissioner Aelion moved to adjourn the meeting, . 1d Mayor Scholl adjourned it at 10:10
G P:m'1 i ..
`Res ectful' subinitted by: A r. ed by t • City Commission on March 19,2015
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^Jane\A.Hines. IsAMC, City Clerk George •. Scholl, Mayor
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28
3/9/2015 Item Coversheet
S�, -N"lY sitE
04 .,.re City of Sunny Isles Beach
18070 Collins Avenue
. Sunny Isles Beach, Florida 33160
•
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Ft. �o" (305)949-3113 Fax
Fr O stir, 1
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Jane A. Hines, MMC, City Clerk
DATE: 3/19/2015
RE: Summary Minutes of the February 19, 2015 City
Commission Meeting
RECOMMENDATION:
Attached for your consideration are the Summary Minutes for the
February 19, 2015 Regular City Commission Meeting.
REASONS:
N/A
Item Number: 3.A.
httpl/sunnyisles.nwusagenda.cam/CoverSheet.aspx?ItemID=1583 1/1