HomeMy WebLinkAbout2015-0416 Regular City Commission Meeting SUMMARY MINUTES
Regular City Commission Meeting
Thursday, April 16, 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: John Rusnak led the Pledge of Allegiance to the flag, and City Manager Russo gave
the invocation.
Mayor Scholl gave opening remarks of decorum.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting —March 19, 2015.
Action:Commissioner Aelion moved and Vice Mayor 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; Replacement Agreement: Item 10N. Purchase Agreement for 18080
Collins Avenue: Add-On: Item IOT. Leaseback Agreement for 15800 Collins Avenue;
Hear out of Order: Hear Items IOC and IOD after Item 6C.
Action: Mayor Scholl noted the above changes to the agenda. Commissioner Aelion moved
and Vice Mayor Gatto seconded a motion to approve the above changes to the agenda.
The motion was approved by a voice vote of 5-0 in favor.
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5. SPECIAL PRESENTATIONS
5A. Announcement of Police Promotion.
Action: Police Chief Fred Maas announced the promotion of First Line Supervisor Corporal
Melissa Porro to the next level as Police Sergeant, who will be on probation for one year.
City Manager Russo presented her with her promotional badge to the rank of Sergeant. She
introduced her family who were in the audience. Her husband Miami Beach Police Officer
Porro who was a Police Officer in Sunny Isles Beach for nine(9)years.pinned on her badge.
5B. Special Presentation by Nancy Maidique of the Florida Department of Health and Students
Working Against Tobacco (SWAT) regarding Flavored Tobacco Products that are Heavily
Marketed to Youth.
Action: [City Clerk's Note: The students distributed a booklet entitled Don't Let Flavored
Tobacco Trap Florida's Kids".] Four (4) students from SWAT made a presentation on
banning candy flavored tobacco projects that are heavily marketed to the'youth. Dr. Javier
Berezdivin of the Florida Department of Health asked the City to pass a Resolution or an
Ordinance banning this tobacco from the City. Mayor Scholl noted that the City of Sunny
Isles Beach was one of the first municipalities to pass an Ordinance on vapor cigarettes and
so we have a history of trying to protect our youth. He thanked them for coming and said
hopefully we will get an ordinance passed as well.
6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. Request of St. Tropez on the Bay: Phases II & III — Major Site Plan Modification for
Property Located at 290-330 Sunny Isles Boulevard & 16699 Collins Avenue for the
Following: (Hearing #PZ2015-05)
Summary:
The Applicant is requesting approval of a site plan modification to an approved site plan for
properties located at 290-330 Sunny Isles Boulevard commonly known as Phase II of the
development project to reduce the number of residential units from 329 to 320. The
Applicant is also requesting a one (1) year extension to extend the time period to obtain a
building permit for the commercial office building commonly known as Phase III and which
is located at 16690 Collins Avenue. Further, the Applicant is requesting a minor
modification to the Bay-\Valk Easement Agreement for Phase III component of the project.
Requests:
1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations,
the Applicant is requesting a site plan modification to reduce the density of Phase II of the
project from 329 residential units to 320 residential units.
2. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations,
the Applicant is requesting a minor modification of conditions relating to the Bay-Walk
Easement Agreement as set forth in Resolution No. 12-Z-133, adopted on November 15,
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2012 and Resolution No. 13-Z-137, adopted on October 17. 2013.
3. Pursuant to Section 265-11(N)(2) and Section 265-18(H) of the City of Sunny Isles Beach
Land Development Regulations, the Applicant is requesting a one(1)year extension to obtain
a building permit from the date of expiration of the development order as set forth in
Resolution No. 13-Z-137. adopted on October 17, 2013.
Protests 0 Waivers 0 Ex Parte 5
Action: 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 Pane Disclosures and each member of the
Commission said they had met with the Developer to discuss the Application. City Planner
Claudia Hasbun reported the Applicant is requesting approval of a site plan modification to
an approved site plan under Resolution No. 12-Z-133,adopted on November 15,2012 and as
amended under Resolution No. 13-Z-137, adopted on October 17, 2013. The site plan
approval consisted of Phase I, II,and Ill. The Applicant is now seeking.to reduce the number
of residential units from 329 to 320 for Phase II which is 290-330 Sunni, Isles Boulevard.
The Applicant is also requesting a one(1)year extension to obtain a building permit for the
commercial office building commonly known as Phase III and which is located at 16690
Collins Avenue. The Applicant is requesting a minor modification to the Bay-Walk
Easement Agreement for the Phase III component of the project where seven (7) feet was
approved. The Applicant is now requesting four(4) feet in certain areas with an average of
seven (7) feet for Phase II and III.
City Planner Hasbun said staff would like to request for Condition No. 6 to be revised to
read: "That the approved site plan shall remain valid for a period of 12-months from October
17. 2016 the date of approval. If no building permit is issued within the 12-month time
period, the site plan shall be considered null and void and of no force and effect."
Public Speakers: Clifford A. Schulman, Esq.;Joseph Milton; Eduardo Castineira,Architect;
Kevin Thomas
Clifford A. Schulman. Esq. representing St. Tropez on the Bay, introduced his team here
tonight. He noted the Ordinance on the agenda tonight on second reading which would allow
a developer the privilege to reduce his density, reduce his intensity by no more than 5%and
that would be administratively approved. Unfortunately they needed to get it done sooner
rather than later and so they did not wait. They also wanted to extend the period of time to
pull their building permit for Phase III which is the Office Building. Phase III property will be
utilized in pan to help during construction of Phases I and II for materials, etc., and so they
need an extra period of time in which to utilize that parcel for that purpose. Their third request
is a change in the condition regarding the width of the Baywalk. Your present Baywalk
condition said it had to be a minimum of seven(7) feet,and Architect Eduardo Castineira will
show you why that can't be done physically and how we do have an adequate Baywalk.
Joseph Milton said they are under construction at Park Towers and hopefully in two(2)years
they will finish that whole Town Center area because somehow they are responsible for that
whole entrance. They are looking forward to finishing it and provide something to the
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community that they haven't had before. Tonight they are requesting to reduce units from 329
to 320 because the City's future residents are looking for bigger units as they are not satisfied
with 2,500 square feet, they are looking for more like 5,000 square feet. Phase III property
will have to be used for part of the staging of Parque Towers due to the tightness of the area
but they see that in the overall schedule it will not delay the construction of the office building.
It will probably be finished in the same timeframe of about two (2) years.
Architect Eduardo Castineira presented renderings of the proposed project. He said the main
issue is that there was a technicality overlooked in the Resolution on the i7-foot Boardwalk.
The building was presented prior, and everything with the Boardwalk is still the same way, it
has not changed in any aspect. There are certain areas in the project where we definitely
cannot achieve the seven (7) feet and we have other ideas and things that we intend to
implement to correct those situations to make it much better. Right now we are really affected
by Phase III which is the office building right off from Collins Avenue into Phase II which is
the Parque Towers. The commencement of the Boardwalk starts right at Collins Avenue,and
there is a small plaza which the City and staff specified that it needed to be ten(10) feet wide
and a certain amount of depth to make it comfortable for people to come in and start
experiencing that Boardwalk, and they made sure that was met. There is a ten (10) foot wide
entrance feature, there is also an intent to do an architectural entrance feature and he presented
a concept sketch based on the typical garden-type trellis modernized with metal and a material
that will at night be illuminated within that will capture signage, the City's emblem, some
wording, and the entrance to the whole Boardwalk. It was important' that it had to be
something of height and some degree of importance as people walk through this gateway onto
the Boardwalk. It is all framed with a landscape, the idea was to use for example the back wall
of the office building where we are promoting the green wall. That area lacks a bit of
landscaping and so they want to make sure they introduce a lot of green there so it becomes
softer, more appealing. Once a person passes that area then we are left with this whole stretch
of Boardwalk along the office building. The seawall is already there, it is already built. In our
building we tied into the corner of the St. Tropez. This was talked about in the previous
presentation. We have such a narrow lot that the ramping system that we need to circulate in
this building is down to our minimum, it is really very tight. At the end of the day,this whole
walk right here is four (4) feet and a couple of inches, again, it is adequate to the typical
sidewalk, sidewalks are four(4) feet wide, and they still have the additional three (3) feet of
the concrete Boardwalk. They went through a series of meetings with Sunny Isles Beach,
Shoreline Agency, Miami-Dade County, DERM, Corp of Engineers,and South Florida Water
Management. They look at it only from their perspective and so we really had to negotiate
with everybody. They understood what we had to do and they suggested these pods that will
be located on the concrete bulkhead as elements of green, and they developed a beacon that
captures the two(2)conditions that are going to end up happening throughout the Boardwalk.
It shows the concrete bulkhead in this particular part of the site received beautiful pods with
green on them and people walk on the paved area. There is approximately a six (6) inch
difference between one and the other, and at a certain point it becomes more like three (3)
inches but that is one condition. There are a couple of places where we get pinched real tight
in which we then propose to have the paved area be flushed with the concrete bulkhead. In
those situations we are introducing a safety guardrail because it gets pretty close to the water.
No problem along a long stretch but towards the end about 30 feet or less there is an angle here
on the existing concrete bulkhead and it gets pretty tight and so we end up with five (5) feet
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Summary Minutes:Regular City Commission Meeting April 16,2015 City of sunny Isles Beach,Florida
three(3) inches including the concrete bulkhead and obviously we will introduce the guardrail.
He also showed several photographs. Once we pass St. Tropez and we enter into the portion
of the site of Parque Towers, here it opens up a lot and it is very comfortable. We have a
Boardwalk without counting the concrete seawall of ten (10) feet three (3) inches and so that
exceeds the seven (7) feet by quite a lot. At this moment they introduce a lot of landscaping
along that edge. Then we get to the other half of the building which is the big challenge and
he ended up going to about five (5)different meetings with DERM, and South Florida Water
Management District with all sorts of environmental issues. The layout he showed them was
precisely plotted by the surveyor under their regulations and that was the line that they allowed
them to build the farthest point of the water. He showed them where the property line was and
so there is a good amount of property here that is going to be submerged. In the corner it
reduces the area by four(4) feet four(4) inches but if we include the concrete Boardwalk we
are back up to seven (7) and so this is another area that we are proposingia guardrail. Once
around the corner,there is a small amount of walk where we reduced it eight(8)inches and we
were explaining that as people drive down the causeway. This corner of Parque Towers is a
very prominent corner visually and one thing we did not want to do was to build a blank wall
there and so they wanted to play with the architecture so that we could wrap colors and do
elements. In the building itself this corner is an architectural element that finishes in a ball
with a balcony, it is a very beautiful piece that we are building there. So those eight(8)inches
just makes all the difference in the world to make those architectural moves in order to be able
to make it special. From the point of view of the architecture we can make it flush but he
insisted on building something there so as you drive down the causeway, that becomes an
element there in the building. We end up at the corner and we have the seven (7) feet all the
way back to Sunny Isles Boulevard and we will have signage and we wilfhave the entrance
element there also for the dual entrance to the Boardwalk experience.
Cliff Schulman said just to clarify, that portion of property that Ed Castineira said was so
difficult through negotiations was not bulkhead, and so we had to apply to get a bulkhead.
There were some mangroves and some other wetlands species there and so we had to finagle
with the agencies to allow them to go out as far as they could and we even had to agree to put a
mangrove plant there and do some mitigation before what they even looked at, if it was wet, it
was not supposed to be there and so that was what forced us into that. He noted that Ms.
Hasbun had indicated to you a minor change in Condition No. 6. With that, they accept all
Conditions as written.
Mayor Scholl asked if we have a scheme to tie into that, the park that we.are going to have
there, and City Manager Russo said that it will be going back out to the street around the Pump
Station and Tank and back into the park area. We will be able to tie in with the exception right
now because we have on this property the actual Pump Station or where the tank is. The
County has indicated that the tank will be restored for use, and the Pump Station as well. And
so we have the parcel just on the left side of the tank through the parking lot that which is
going to be turned into a park. Mayor Scholl asked then if the County is going to give us an
easement for behind the tank to complete the Boardwalk. City Manager Russo said he had
negotiations with them and at this time they are concerned about doing that until they are done
with the renovations. The Pump Station is still used, what had been done previously many
years ago was that we could eliminate the tank but now with the Consent Decree that the
County has from the Federal Government on the sewer line that is required, they need much
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Summary Minutes:Regular City Commission Meeting April 16,2015 City of Sunny Isles Beach,Florida
more holding capacity and we did not lease that section. We leased the section west of the
tank on the property line of 300 Sunny Isles Boulevard.
Mayor Scholl opened the public hearing. Kevin Thomas said after the site plan modification
application request he only has one item to bring up and that is 163rd Street or Sunny Isles
Boulevard has turned into somewhat of a parking lot due to the trucks loading and unloading
in front of St. Tropez, that is already there and is already in place and so there is nothing we
can do about it. As they are now looking for site plan modifications, the site plan entails the
entire site, this is the opportunity for the City to try to improve upon what they have provided
to the City. If they do the site plan modification, that site plan should include some provisions
for the truck loading and unloading off from Sunny Isles Boulevard. They also talked about
future residents, he is a current resident for 16 years, and so he is more,concerned for the
current residents to be stuck in traffic as more people come to the City. Being there were no
other speakers, Mayor Scholl closed the public hearing. Commissioner Levin asked if they
have room inside the building to keep the loading trucks off from Sunny Isles Boulevard?
Joseph Milton said yes they do, it was designed for that purpose in all three (3) buildings.
Mayor Scholl said we have made even' developer who develops on the south side of 163rd
Street to create a walkway behind their building that goes along the bay. And so technically
when this is all complete, you can walk along the sidewalk of Collins Avenue and walk all
along the bay and come out under the bridge at Bella Vista Park. This developer owns 50-
60%of that whole structure along 163`d Street from Collins Avenue west. The City has a little
piece that we lease from the County where there is an old sewage tank,and then there is a new
building being built, and when it is all done, you will be able to walk all along there to under
the bridge. He explained that the trellis that Ed Castifleira showed us starts the Boardwalk,
and that the Boardwalk averages about seven (7) feet but what Ed Castineira was explaining
was that in some of the areas it is a little narrower, and in some areas it is'a little wider. To
Kevin's point with the trucks stopping, when the driver's make deliveries they don't like
pulling in because then they have to pull back out into traffic, and so they stop on the street,
put on their flashers and step out of the truck. He noted that Commissioner Aelion at the last
meeting, we have a new Ordinance on the books that we can now start citing them for that.
Commissioner Aelion moved and Commissioner Levin seconded a motion for approval,
subject to staff conditions. Resolution No. 15-Z-151 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
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Summary Minutes:Reaular City Commission Meeting April 16,2015 City or Sunny Isles Beach,Florida
6B. Request of Residences by Armani/Casa for Property Located at 18975 Collins Avenue
for the Following: (Hearing#PZ2015-06)
Summary:
The Applicant is seeking approval of a site plan application for a 56-story residential
condominium with 308 residential units and 811,560 square feet of floor area ratio("FAR").
The Applicant is also requesting the approval and assignment of Transfer of Development
Rights(TDRs)in the amount of 187,283 square feet of floor area and 60 dwelling units from
the City and Private Transfer of Development Rights Banks ("TDR Banks").
Requests:
1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting a site plan approval for a 56 story residential
condominium with 308 residential units and a total FAR of 811,560 square feet.
2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting the utilization and assignment of public TDRs in
the amount of 118,589 square feet of floor area and 23 dwelling units. An adjustment to
be made for a decrease of 118,589 square feet of floor area and 56 dwelling units from the
City's TDR Bank.
3. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting the utilization and assignment of private TDRs in
the amount of 68,694 square feet of floor area and 37 dwelling units. An adjustment will
be made to close out the private TDR Bank.
Protests 0 Waivers 0 Ex Parte 0
Action: 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
application for a 56-story residential condominium with 308 residential units and 811,560
square feet of floor area. The Applicant is also requesting the approval and assignment of
Transfer of Development Rights (TDRs) in the amount of 187,283 square feet of floor area
and 60 dwelling units from the City and Private TDRs Banks.
City Planner Hasbun said the Applicant is also requesting an increase in floor area of 2.1
from the Bonus System in the amount of 284,998 square feet of TDRs for a participation fee
of$8,076,672 and the Applicant is required to pay 10%of total participation fee within three
(3)days of the site plan if approved, for a total amount of the deposit shall be$807,667. The
Applicant is requesting assignment and utilization of TDRs from the private TDR bank
account in the amount of 68,694 square feet of floor area and 37 dwelling units. Currently
the Private TDRs are held by Gil Dezer, and the Applicant is RDR Seashore as described in
the assignment of Hold Harmless which are part of the TDR Application. The Applicant has
agreed also to create a combined access with the adjacent access Easement off from Ocean
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Summary Minutes:Regular City Commission Meeting April 16,2015 City of Sunny Isles Beach,Florida
III. The Application is consistent with the City's Comprehensive Plan and Land
Development Regulations.
Public Speakers: Stanley B. Price, Esq.; Charles Sieger,Architect; lasta Sobouti, Landscape
Architect; W. Tucker Gibbs, Esq.; Samuel Leff; Estela Bruscanteni; Diane Drabkin; Wendy
Cohen; Denise Mayer; Gene Newman
Stanley B. Price, Esq. representing Residences by Armani/Casa, reported there are no
variances associated with this Application, and he asked Architect Charles Sieger to describe
the unique features of this building.
Charles Sieger,Architect, Sieger Suarez Architects,reported that this will be Project No. 20 in
the City of Sunny Isles Beach in the terms of Towers. With the additional height that was
given to them by the FAA for the Porsche design, at 649 feet, it allowed the buildings to
change its character and become more elegant, which they have achieved with this project.
They worked in tandem with Caesar Pellis' office in Connecticut. It is 54 stories to the main
roof,there are 308 units, 600 cars, all the cars are hidden like they have done for all of the rest
of the buildings. He presented renderings and a 3D-model of the project. He showed what the
project would look like with and without the TDRs. It is about 12 stories shorter than the 54
stories which is in the range of the original zoning, and now with the additional height we can
make the buildings more slender and more elegant. One of the things they did was, and
because the City is not filling up with towers, they looked at it like they did Porsche with the
variances they got to make it a good neighbor building so that they are not blocking the
neighbor's views. He showed Ocean III which they also did to the south, and you will see the
red lines in the orientation that they could have placed the building parallel to the seashore or
Collins and block a lot of views. What they did was they cantered it almost 45 degrees and it
gave them an opportunity to have some sunlight on our pool, and give a southeast exposure
but at the same time it left all those northeast units on Ocean III unblocked. The entrance is on
the southern side of the portion next to the beach walk. The City's requested that we combine
the north side of the beach walk that belongs to the easement from Ocean III with our southern
beach walk and we build the whole thing and enhance it. It will be in excess of 50-feet wide.
The clients have hired Enea who comes from Switzerland,a very famous Landscape Architect,
and they will show you some pictures of the landscape material that they are going to do which
is kind of unique for this area, and it will add more variation. The building is slick like
Porsche but it is different. He presented a rendering of the building where you come up on the
ramp to the porte-cochere. The other side of the building which is the beachside looking
southwest is essentially the same. There is a twist in the building and so it has a subtle easing
of the edge where you can come around and see it more and it gives an impression of a"V". It
is an as-of-right scheme. The porte-cochere will be unique in the flare steel structure held up
by one column, there will be two (2) signature trees. In the package there is$5,000 to$6,000
worth of art which will be placed around on the grounds. As to Armani as a person, he is 81
years old and speaks no English. He is worth S8 Billion, and is very famous. To have him
design the interiors and work with us is fantastic for him personally as well as for the City. It
is a world class building, he only has a hand full, and believe me he looks at everything,even
at 81 years old, he is still working from 8:00 a.m. to 6:00 p.m. and he doesn't travel very
much, he likes what he does and he is very meticulous and when you go and see his buildings,
they are incredibly detailed. Charles Sieger is thrilled that Armani is going to be doing the
interior, and it is a feather in the City's cap by far.
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Summary Minutes:Regular City Commission Meeting April 16,2015 City of Sunny Isles Beach,Florida
lasta Sobuti. Landscape Architect of Enea Garden Design presented renderings of the
landscaping. It is always important for them to create spaces for people to occupy. Here in
Miami we have a climate where it is extremely hot in the summer and humid, and we want
people to be able to use those spaces outdoors and so we use this landscape as a means to
create life climate,provide shade,provide wind barriers,etc. When we start to design we look
at the plant material which becomes extremely important. Using native plants is our number
one priority to not only work the long term viability of the plant material that helps the project
but also we want to make sure that we are not adding any kind of evasive elements into it. Our
site plan is fairly green, we wanted our residents to be able to look down and feel like they are
looking at a park, each form they are creating are visually pleasing to the eye of the people that
live there. And so that is the one element that we always look at, the residents, but the other
element they always look at is the neighbors. We want to be good neighbors and so one thing
that was really important to us is that the facades of the building feel as green as possible,and
we are always thinking about the visual element for people that are passing by. She showed a
rendering of what people will see from Collins Avenue, they are providing a series of green
walls as they cascade back, and you basically drive through these walls to get to your porte-
cochere and we would have vines climbing up the walls. They would also have planting that
mimics what is happening along the street fronts throughout all of Sunny Isles Beach, and so
they are maintaining that memory,that scenery that you are all very used to but we are adding
a greener element. From the beach side we wanted to green that up as well and so we have
this opportunity to create some kind of green barriers between some of the cabana units along
the waterfront. As Mr. Sieger mentioned earlier, we do have a very wide beach public access
that we have integrated with our southern neighbor,giving us 30 feet of pedestrian access way
from Collins Avenue to Oceanside. We are also enhancing the dunes by bringing vegetation
back into them which will help with erosion of sand in the long term. She showed the views
you can see from the beach access side, and from the northern neighbor side. And so, either
way,whenever you are walking along this façade you are next to greenery,you never feel like
you have a stark architectural element that is towering over you.
Mayor Scholl opened the public hearing and several people spoke in favor of the project,
however, concerns included safety, traffic, hurricane evacuation, and TDRs. Estela
Bruscanteni who is a member of the Miami Beach Club Board asked if there is going to be a
beach access on the north side of that building, and Ms. Hasbun said the north side is not a
public easement however the developer has included a designated access there. Mayor Scholl
said that it is not a dedicated public access, we have 22 beach accesses in the City and so we
have got them pretty well spaced. We get them as folks redevelop property. Gene Newman
asked about officials having ex pane discussions they also have to reveal the basic substance,
and City Attorney Ottinot said the Commission has met the requirements with respect to
disclosing all the discussions that took place including the substance which was about the
Application. Mayor Scholl closed the public hearing after hearing citizen comments.
Stanley Price, Esq. addressed the concerns on the TDRs. He thinks there is a misconception
that TDRs are a bonus system where you buy rights that don't exist. Under Chapter 163 of the
Florida Statutes this City and even'other City in Florida must submit a Comprehensive Plan to
the Department of Community Affairs which addresses traffic, densities and intensities. The
City of Sunny Isles Beach had a box of development rights. He explained that a transfer of
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Summary Minutes:Regular City Commission Meeting April 16,2015 City of Sunny Isles Beach,Florida
development rights takes rights from one property and transfers it to another. It doesn't
increase the development rights; it just transfers rights that exist to another piece of property,
and that is what was done here. It was interesting to note that we heard from Ocean II.Trump,
and noted that all of these buildings were built under the same basic principle and he believes
that Ocean 1I had a series of variances attached to their approval. To get up now and say that if
you abide by the same set of rules that have been in existence here, that is not fair. It has also
been reviewed by professional people in the State of Florida and your local Planning staff He
also indicated that people do not evacuate all at once if a hurricane is coming; we have a
sophisticated system now that we know several days in advance and all warnings go up telling
people that if a hurricane is on its way you have "x" amount of time to vacate an area. South
Florida does have traffic but that is the price you pay for living in an urban environment. We
abide by every single regulation in your Zoning Code, we are not asking for anything that
anybody else is not entitled to ask for. By buying these additional development rights we are
taking away development rights that exists on other properties both privately owned by his
client and also owned by the City. By the end of the day if this City had a total accumulation
of one million square feet to distribute all over the City;there is not one square foot of increase
as a result of the TDRs because it comes off from one property and transfer to the other. This
is a project that the City should be very proud of.
Commissioner Goldman commended the Architect and the developer for an aesthetically
beautiful very visually appealing project. She noted that these are all valet parking,you have a
lift and she asked what the width of spaces are,what is the standard for the parking spaces,and
what safeguards do we have? Ms. Hasbun said the standard parking spaces is 9 feet by 18
feet; regarding the mechanical spaces we don't have a clear definition of the Code about the
width of those. For the size of these spaces, the plan is showing 8 feet 6 inches in width.
Commissioner Aelion said as a note of clarification;the north and south plans,the building is
45 degrees, the schematics show a perpendicular north and south rendering, the status of the
building against either the Ocean or Collins Avenue and your color rendering is showing an
angular thing of 30 degrees or 25 on the north and south, so which is it, is it the schematics or
the rendering? Mr. Siegel said both, it starts to rotate out. It is not parallel to the parking,
what happens is as it proceeds it rotates out until it parallels. Commissioner Aelion said we
heard about the issue of traffic and we are concerned about it. We have given staff the green
light to do a Comprehensive Study on Traffic. Traffic can be something of a deceiving
impression, first of all it is a fact that over 70%of the traffic is throughway traffic. We have
commercial plazas in Sunny Isles Beach compared to the north and south municipalities,much
less traffic in Golden Beach and Hallandale Beach to a certain point and Bal Harbour on the
south, and Hollywood is being built very fast on the beach also high-rises, etc. It is not so
much the built of residential so much as the commercial from 163rd to 193rd we have
commercial in and out traffic which the other municipalities don't have, and so we have to
take that into consideration as well and try to find solutions for that. We also have 1.1 million
tourists coming to our City every year that have nothing to do with the actual residents, they
have an impact and the buildings being built on the east side are normally filled and that hasn't
changed. With that said, the concern about the impact of traffic, I wouldn't be so quick to
conclude that the additional builds should not be alarming to the degree making it something
very urgent. As far as the sun and its effect on the beach, it is equitable along our east side it
has been in the Comprehensive Plan since 1999, it was calculated by the way,because people
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were talking about the TDRs, that the difference between the extra 12 or 15 floors is actually
less than 7 to 10 minutes of sun difference between the shadow coming down, and so that is
not in effect either. He commended the architects on this project.
Vice Mayor Gatto said it is not very often that we hear "trying to be a good neighbor" when
we view Zoning issues, and so she was very impressed with the almost 45 degree angle of the
building. It shows that there was some thought and consideration in this because you have to
remember that this is an as-of-right project. The investment that appears to be made in the
landscaping is also very impressive, it is beautifully laid out and a lot of thought was given to
the aesthetics of that especially at the pedestrian level. She is happy that Mr. Armani is
involved, people will be buying his aesthetics and the brand name that he is so well known for.
She thanked Mr. Price for clarifying the TDR situation. She thinks the 600 parking spaces is
daunting to hear, she knows that not all 600 will be used at the same time. There is a reality
that there are a lot of homeowners now living on the east side that if they are coming south on
Collins Avenue it requires them to make U-turns to go north to get into their buildings and it is
definitely impacting traffic a bit, it is just a fact of life. She thinks it is a beautiful project.
Commissioner Levin said she has to agree that it is an absolutely beautiful building, she loves
the helix aspect of it. She likes the way it is situated on the property,and the fact that we have
a larger than average beach access easement. The landscaping is beautiful, and she likes the
long driveway up to the building. It doesn't look like it is a very steep ramp because it is long.
About the traffic, there is obviously a lot of through traffic that goes down A 1 A and if you
consider what is south of us, Bal Harbour, Surfside, South Beach, people come here and they
want to drive along A I A, it is what you come to Florida for,and so people use A 1 A just to get
around. She is glad that Mr. Price explained the TDRs aspect and that it just shifts from one
property to another property in Sunny Isles Beach. The City makes money from the sale of the
TDRs and that is in addition to money that we get from taxes and so that helps to enable us to
provide the services and the amenities that we are able to provide. One of the things that Mr.
Sieger mentioned was that if we did not have the TDRs, if we remove the top 12 floors, in
order to make the building work it would have to be shorter and squatter to get enough units in
it to make the project viable. And so it would look different from the ground rather than being
tall and narrow, it might be shorter and squatter. You have to consider what the cost of the
properties are here and so you have to be able to build something that is going to work in the
end. She cannot wait to see the interior.
Mayor Scholl said it is good having informed colleagues, they did an excellent job but he will
recap a little bit. To Attorney Price's explanation of TDRs, so basically we did a
Comprehensive Plan, the State gave us a basket of development rights,and they said to create
this Ordinance that moves those development rights around. Truthfully once we are going
above 4, 8,or 10 stories on a building on the beach,you might as well go as high and get those
rights packed into that building because as Commissioner Aelion pointed out,the sun you are
blocking on the beach by that extra height in the afternoon it is basically minutes. The
building itself is already going to block the sun, and so as-of-right without the TDRs it is not
material differences. He knows it seems like a material difference because our sensibility says
a taller building is worse but truthfully he would rather pack the density into the taller
buildings than pack them into more buildings if we have that option. That is why we have
parks because the fact is what we did was property owners own that land where we have parks,
Summary Minutes:Regular City Commission Meeting April 16,2015 City of Sunny Isles Beach,Florida
1 and we said okay, we are not going to build in those parks, and we are going to move that
density someplace else. We have an item on the agenda tonight where we are going to take a
piece of land from a developer in exchange for TDRs so that we end up with a park and they
are going to end up with a taller building. Quite frankly some of those TDRs are probably in
this building, and so it really is a win-win. In some cases we just get the TDRs and when a
developer needs them they purchase them and that gives us the money to make a lot of capital
improvements around the City. It is not always intuitive unfortunately, some of this stuff
seems abstract but he can assure you that the one thing we are focused on now and he brought
it up a few months ago as Commissioner Aelion, is traffic, and we have a Comprehensive
Traffic Study on the agenda tonight, and we are going to fund that. We are going to have a
traffic safety, and a pedestrian safety component of that study and so we are embarking on a
pretty comprehensive analysis of where the traffic is coming from, what we might be able to
do to mitigate it, and most importantly how we keep increasing pedestrian safety because that
is one of our main concerns. Usually when the public is upset and when the developer is upset
we have done our job because the public wants to take all the developers rights away which we
can't do because we have a Code and developers come into the City and they buy property
based on a reliance on the Code and if you start stripping those rights away we subject
ourselves to endless mitigation. That just happened in Hollywood recently; Hollywood down
zoned and they are facing a multitude of litigation and ultimately the City is paying for that.
What we continue to focus on is ways to try to figure out how to mitigate the issues.
Ultimately when they come in with an as-of-right project, like they did today, the developer
could come in. and usually they come in asking for a bunch of variances but he thinks
everybody has gotten the message that your variances under this Commission is not acceptable
unless there are extraordinary circumstances. It doesn't mean that variances are always bad
because there are sometimes issues that require variances. What we have been trying to do is
to hold the line especially on the west side of Collins Avenue because ultimately we are
watching the development activity there very carefully.
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion for approval,
subject to staff conditions. Resolution No. 15-Z-152 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
[City Clerk's Note: The Commission took a fire-minute recess.]
6C. Request of Estates at Acqualina—GSF Acquisition, LLC for Property Located at 17901
Collins Avenue for the Following: (Hearing 4PZ2015-08)
Summary:
The Applicant is requesting approval of a site plan modification to an approved site plan for
property located at 17901 Collins Avenue. The request includes an increase of density from
190 residential units to 264 residential units, a reduction of Floor Area Ratio (FAR) from
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Summary Minutes:Regular City Commission Meeting April 16,2015 City of Sunny Isles Beach,Florida
1.089.300 square feet to 1,085,205 square feet. The Applicant is also requesting a setback
reduction for the south tower from 50 feet to 33 feet and 3 inches. Further, the Applicant is
requesting the use of an existing off-site parking lot, which is located within 300 feet of the
development project, to comply with the parking requirements the development project.
Requests:
1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations,
the Applicant is requesting a site plan modification to an approved site plan for an increase of
density from 190 residential units to 264 residential units and a decrease of intensity of Floor
Area Ratio (FAR) from 1,089,300 square feet to 1,085,205 square feet.
2. Pursuant to Section 265-46 A. (2) of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting the use of an off-site parking lot, which is located
within 300 feet of the development project, to comply with the parking requirements under
the City Code.
Protests 0 Waivers 0 Ex Parte 5
Action: 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 each member of the
Commission said they had met with Jules Trump to discuss the Application. City Planner
Claudia Hasbun reported the Applicant is requesting approval of a site plan modification to
an approved site plan for property located at 17901 Collins Avenue.The request includes an
increase of density from 190 residential units to 264 residential units, a reduction of Floor
Area Ratio (FAR) from 1,089,300 square feet to 1.085.205 square feet. The report will
include some modified layout and utilization of the residential towers,and the main entrance
feature. Further, the Applicant is requesting the use of an existing off-site parking lot,which
is located within 300 feet of the development project, to comply with the parking
requirements for the development project. The Application is generally consistent with the
City's Comprehensive Plan and Land Development Regulations, and the Applicant is not
requesting any variances.
Public Speakers: Clifford A. Schulman, Esq.; Jules Trump; Larry Freedman, Architect;
Wilson C. Atkinson, Esq.
Clifford A. Schulman, Esq. representing the developers Jules and Stephanie Trump,
introduced his team, and noted that the resumes of Eric Propes, PLA, ASLA, Juan Espinosa,
PE. Transportation, and Stuart Cohen, AIA, Architect were submitted into the record. They
are asking for an increase in the amount of units from 190 to 264, and they are still 48% less
units than is permitted by the City Code. We are decreasing their square footage by 4,095
square feet, and they also have some parking off-site which is being used by the Golden
Strand, and it will continue to be used for that purpose.
Jules Trump thanked the Commission, the Mayor, and the staff for their attention to their
project, the time that they have given them, and the constructive feedback. He just wanted to
assure you that they will do their upmost to make Sunny Isles Beach very proud of the Estates.
They are putting a tremendous amount of effort into it, and getting the best design advice as
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possible and they promise to deliver a very fine product. We are going to be increasing the
number of units and this was in response to a very great demand that they have had for the
initial sales on the first tower. They decided to do everything at one time and van the size of
the units and this way they will come out with approximately the same square footage.
Cliff Schulman. Esq. said also on their off-site parking, they are only required to have 54
spaces but they will be having 79 spaces by using the new Ordinance that the City passed
which is design flexibility on setbacks. We are also increasing the tower width by 121 feet for
the north tower to 164 feet but 250 feet would be allowed under the Code.
Architect Larry Freedman presented the site plan modification that they are proposing.
Originally they had two (2)towers that were identical,two(2)units per floor, one to the north
and one to the south. What they are now proposing is to keep the original tower as is, and
create a new slightly broader tower on the north section that would have four (4) units per
floor. Both buildings are the same in height at about 650 feet. Mr. Schulman said while they
are the same height, the number of floors has actually been reduced because of the higher
ceiling. Mr. Freedman said yes, on the north tower we have two (2) less floors which is why
we have a little less square footage in that tower.
Mr. Schulman said they are not requesting any variances, this is a previously approved site
plan, and again the only question they had was for clarification of Condition No. 4 to indicate
that the off-site lot would be used for parking purposes and any other purposes that are
permitted under the City's Zoning Code.
Mayor Scholl opened the public hearing to hear from residents. Attorney Wilson C.Atkinson
representing the firm of Tripp Scott for the 18001 Collins Avenue Condominium Association,
who will be directly affected by this building that is going up. They have advised their client
that yes they are coming before the Commission as-of-right but their concern is that they feel it
was represented to them at the September 2014 City Commission meeting that the developer
would in fact speak with them so that their issues and their concerns could be addressed. The
President has advised him that on numerous occasions he has attempted to do so,and the most
recent conversation that has been within the last 30 days and he was told that they did not
realize that they had not spoken to you but unfortunately they don't have the authority to do so,
and they will have to have their legal counsel speak to them. This was said during the time
when these gentlemen knew they were coming before the City with a modification of their site
plan. He asked that the Commission continue this meeting for at least 30 days to give these
gentlemen the opportunity to meet the obligation that they imposed upon themselves back in
September and subsequently with his client. Mr. Schulman said he was not contacted and no
one in the Chambers were contacted but he will give his personal representation that he will
arrange for that meeting to take place, and if Mr. Atkinson from Tripp Scott will give him his
card he will start making those arrangements tomorrow morning. Being there were no other
speakers, Mayor Scholl closed the public hearing.
Commissioner Levin asked b which Condominium was he representing, and City Attorney
Ottinot said Trump Hotel to the north. Commissioner Levin asked what the reason was for
changing the size of the building to the north? You didn't change the size of the building to
the south, correct? Mr. Schulman said that is correct. Commissioner Levin asked if it had to
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do with what the market wanted? Mr. Schulman said yes as many of our buyers wanted
smaller units, and so it went from two (2) 5,000± square foot units to four (4) units. The
smallest unit in the four-unit building is 2,800 square feet up to 3,400 square feet but that is
also the market that we were looking at. Commissioner Levin said with regard to the design
flexibility, instead of having a 50-foot setback on the south, we would be agreeing to allow
them to have a 33-foot setback in exchange for S500,000? Mr. Schulman said yes, for
$500,000 with a 10% deposit that has to be made within three (3) business days of the
approval. Commissioner Levin said with regard to the front facade along Collins Avenue,
why was that changed? Mr. Schulman said this is not the final facade,these renderings do not
show the true facades as they will be. The facade will be consistent with Acqualina and with
Mansions for a consistent community.
Vice Mayor Gatto said she was curious if there are still plans for something she has been
reading in the press about an ice skating rink or a bowling alley, is that still in the works? Mr.
Schulman said yes, and it is for the residents only.
Commissioner Aelion asked if the pool deck or club house is the same square footage or is it
lower? Mr. Schulman said it is the same. Commissioner Aelion said the rendering that we
approved prior, this rendering does not do it justice, it is just a schematic that you put together
fast when in reality it is going to be similar to the Acqualina? Mr. Schulman said it will be as
beautiful if not more beautiful than Acqualina and the Mansions.
Commissioner Goldman asked about the off-site parking, there is the use of the parking lot to
meet your parking needs across the way, and Mr. Schulman said yes, we needed 54 more
spaces than what we have within the building. That parking lot can fit 79 spaces and it is
presently being used by the Golden Strand for its residents and guests. Commissioner
Goldman asked how that lot is currently being used, are employees using that lot? Mr.
Schulman said some employees are using it,some members of the Temple are parking there,a
number of people are but basically when you go on the Atlantic Boulevard side entering, the
gate is locked and you must have a pass to get in there but primarily it is for the use of the
residents and guests of the Golden Strand. Commissioner Goldman asked if it is going to be
kept as a surface lot, and Mr. Schulman said yes. Commissioner Goldman asked if the
developer would be interested in using those basically for employees or long-term parking to
mitigate some traffic going back and forth to the building. Mr. Schulman said he thinks that
they will have to consider that but at this point they are not willing to commit to it. It is our
intention that we would rather have employees park off-site then in an expensive lift on-site.
Mayor Scholl said they would need to come back before us to change the disposition of that lot
and that is their intention. That was part of the conversation with the developer when he met
with the developer and staff, and when they want that they will have to come back to us and
ask for it. Commissioner Goldman said her only concern was cars going back and forth each
way on Collins Avenue creating additional traffic.
Mayor Scholl said this is a project that the previous Commission approved last year and
obviously the developer tested the waters in the market and is simply modifying the site plan.
Commissioner Aelion moved and Commissioner Levin seconded a motion for approval
with modification to the parking language, subject to staff conditions. Resolution No.
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Summary Minutes:Reeular City Commission Meeting April 16.2015 City of Sunny Isles Beach,Florida
15-Z-153 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
[City Clerk's Note: Items IOC and I OD were heard after Item 6C. The remaining
agenda was heard in order.]
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. BA1415-04 for the 2014-2015
Fiscal Year — Streets Maintenance Fund and Capital Projects Fund; Authorizing the
City Manager to Do All Things Necessary to Implement the Terms and Conditions of this
Ordinance: Providing for an Effective Date.
Action: [City Clerk's Note: Heard after Item 10D.] City Clerk Hines read the title, and
City Manager Russo reported that this is to fund the acquisition of 18080 Collins Avenue
(Alamo property) in the Capital Projects Fund, and including funding for the required
Transportation Master Plan in the Streets Maintenance Fund.
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 of5-
0 in favor. Second reading, public hearing will be held on Thursday, May 21, 2015, at
6:30 p.m.
Vote: Commissioner Aelion yes
Commissioner Goldman yes
Commissioner Levin yes
Vice Mayor Gatto yes
Mayor Scholl yes
7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,Amending
Chapter 233 ("Special Events")of the Code of Ordinances to Clarify that a Condominium
May Hold Special Events for Guests and Invitees Up to Four (4) Times Per Year;
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 this provides more
flexibility, and noted that this Ordinance was at the request of Mayor Scholl. He said
generally condos are prohibited to have any kind of event but with this amendment they can
have up to four (4) events per year provided that they work with the City to ensure public
safety. Mayor Scholl said this is actually making it a little more liberal.
Summary Minutes:Reeular City Commission Meeting April 16,2015 City of Sunny Isles Beach.Florida
Public Speakers: Gene Newman; Kevin Thomas
Commissioner Aelion noted that commercialization of any event will require a permit,and if
that event becomes something of a sale of tickets? City Attorney Ottinot said that the City
Code requires that if there are over 50 people then you are required to get a Special Event
Permit. With respect to running a business without a Business License, that is a different
issue that Code Enforcement can enforce. Commissioner Levin said if someone wanted to
have an event in the park then they would be required to get a permit, is the new laneuage
limiting. the Condominium Association, is that sufficient, is there anywhere else where it
could apply that we are leaving out that we might want? City Attorney Ottinot said no
because generally these permits covers everything but a special issue started with condos.
Several years ago we tried to address and eliminate the problem, but with respect to parks,
obviously on City property we have a better opportunity to govern and ensure public safety
versus private property.
Mayor Scholl said the rule was that you cannot invite people that don't live in your building
to something in the building, and so every time we had even a political event in Winston
Towers and we invited the people from the other Towers to attend,we are breaking the rules.
What we realized was that we needed to not apply it to just for residential buildings, this is
not for commercial buildings or parks or anything else. And so a lot of folks interpreted that
to we being really restrictive and the fact is that nobody really understood the City Code.
For instance Trump Towers hosted the debate during the campaign which was illegal because
of the way our Code is written because our Code says you can't have outside people come to
your building for a special event, and so what he realized was that this was an issue. The
other thine is Winston Towers has auditoriums in the building and so if local musicians want
to put on a show in an auditorium, they cannot invite outsiders to the auditorium. Ultimately
under this rule the Condo Association regulates who they want to let in and who they don't
want to let in but if they want to invite outsiders, they are not allowed to the way our Code is
written today. That is why we put a four-time event limitation on it because ultimately you
don't want the Condo Association turning your building into a commercial enterprise. We
have got the ability to give folks flexibility when they want to have a special event and invite
outsiders and the Condo Association wants to deal with it, then they can do it.
Commissioner Levin said then that we would not want this necessarily to apply to say
Atlantic Isle. Mayor Scholl said it is not meant for that, it is meant to fix the restriction on
residential buildings. If you want to look at other things and propose it to staff in the future,
you could but this was meant to fix that restriction on residential buildings.
Vice Mayor Gatto said to clarify it is really up to the Condominiums to decide whether they
would allow 1, 2, 3. 4 or 0 events, and Mayor Scholl and City Attorney Ottinot said that is
correct. Vice Mayor Gatto said we have had a situation in our Condo, just to give an
example, when there was a band playing charging people money to come and hear them,
they were not a bona fide business and so they were not paying taxes on an income,on top of
that we didn't have the parking capacity to deal with all the people that came from other
buildings and other areas, and a lot of the residents got very upset. There is a group that
would aeainst something like this and so she does understand that you are opening it up but
again it is up to the Condo Board to specifically agree with this or not according to their
docs. City Attorney Ottinot said that is correct. Mayor Scholl said if the Condo Board
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chooses to do something they would be in compliance if they follow the rules now four(4)
times a year. They can say they don't want to do anything like this,and so we don't care but
the point is like he said, even for a political event when they are all running for office and
they go to a building and we combine two or three buildings together in one,technically that
is a violation of our Code and so we now recognize that.
Vice Mayor Gatto said they would have to apply for a permit even if it is free, and Deputy
City Manager Morris said that is correct, and we have a fee schedule, from 0 to 49 guests
there is no charge but they still have to get a permit. Vice Mayor Gatto asked what the lead
time is to get a permit for something like this, and Deputy City Manager Morris said
currently in the Code it is 60 days. Vice Mayor Gatto said that is a long time, and
Commissioner Levin said if there is a birthday party or baby shower, you need to give 60
days notice? Mayor Scholl said if they came in and said they are having a birthday party in
two weeks, he doesn't think Stan would say no,and Deputy City Manager Morris said that is
correct. Commissioner Aelion said the number of attendees for such an event has to be pre-
specified when they do the application for a permit, and Deputy City Manager Morris said
that is correct.
Gene Newman said this is all based on zoning, on safety is that what this is? He is trying to
figure out where the City has the right, a condominium is like a private home,how does the
City get involved in someone having a party in their home? City Attorney Ottinot said with
respect to all condos not only the bylaws concerning the use of the common areas but also
duly regulations can show what you can do with those common areas. The issue is when
they have a major event where there is a very large number of guests that exceeds the parking
. requirement, and that causes security issues. We had a complaint from a condo owner that
had an emergency and the Fire Department and ambulance could not get into the condo
because vehicles were parked in the fire lanes. The issue is to allow flexibility and to also
protect the safety of the residents that may not sponsor parties in those condos. Gene
Newman said in his condominium they have a usage fee for the room,a$5,000 security bond
for damage, over a certain number of people we must hire extra security and pay for it, and
extra valet. Mayor Scholl said your building is very organized but not all of them are like
that. For instance on our Island, and he lives in a private home, people were using their
homes as hotels every weekend. We can say it is a private home, why should we get
involved in that because people come on the Island even'weekend, it is like having a special
event even'weekend,they rent their house out for a party. The City passed an Ordinance last
year that says four(4)times a year you can rent your house out. Gene Newman asked if the
Homeowners Association would enforce that and not the City, and Mayor Scholl said the
Homeowner's Association has no enforcement authority.
Kevin Thomas said his Homeowner's Association has been approached by the Sunny Isles
Beach Senior Social looking for additional space to have their event. They currently use the
Commission Chambers but have outgrown it and so the Association was working with them
to try and accommodate them in the auditorium over the restaurant. With this Ordinance it
puts them in a position of difficulty providing that space for them. Mayor Scholl said the
way our Code reads now you could not have done it and so this Ordinance gives you more
flexibility. Commissioner Aelion said in this particular case with the Seniors Program, this
is a community oriented program, well notified, and spearheaded by the City. This is more
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of a community thing, not a private thing and it would behoove us not to burden such an
organization. Commissioner Levin asked if it was a commercial unit, and Kevin Thomas
said the restaurant is but the auditorium is not. Mayor Scholl noted that the auditorium is a
common element.
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, May 21,2015,at
6:30 p.m.
Vote: Commissioner Aelion Yes
Commissioner Goldman yes
Commissioner Levin yes
Vice Mayor Gatto yes
Mayor Scholl yes
7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending
Chapter 265-54 of the City Code to Require a Permit for Substantial Repairs of Signs;
Providing for Severability; Providing for Repeal of Conflicting Provisions; Providing for
Inclusion in the Code; and Providing for an Effective Date.
Action: City Clerk Hines read the title, and Planning and Zoning Administrator Claudia
Hasbun reported that in our Code, signs can be painted or re-painted without the need of a
building permit but basically they are changing more than just painting the sign. We have
been trying to keep our uniform sign plan and it has been difficult.
Public Speakers: None
Commissioner Aelion said he has an issue with this as a monument sign in the commercial
section gets too much sun and fades out. The business orders a vendor to come and replace
that sign, meaning that it is a plastic piece that goes into a slot to replace the other one. A
new sign cost$300 to$500 and sometimes more,and he doesn't think the business should be
penalized because of the sign cracking.etc. Wit involved new electrical issues,inside repair
etc., he would understand that but he thinks we should be more accommodating to the
businesses when it comes to just changing a sign. The way it is written it says"minor repairs
of$50...". That is wishful thinking.there is nothing$50.00. and when you say"substantial
repairs" it is not clarified. He thinks there should be more guidance for this proposal.
Planning and Zoning Administrator Claudia Hasbun said if they are refreshing their sign by
painting it because it faded from the sun, that is okay because basically it is the same sign.
The problem is when they are doing changes to those approved signs. Commissioner Aelion
said the language is too generalized, it needs to be clearer. Mayor Scholl said when they
come to staff it will be clear but what Claudia is saying is that staff has a problem. They
abstract their rights to do something and they get away from the Sign Ordinance. Deputy
City Manager Morris said what is happening is the problem has been when people have used
the section of the Ordinance to repaint or somehow expand an existing sign without a permit
and so really this is about cleanup. Ultimately we always have to apply reasonability where
applying the Code. For the examples that Commissioner Aelion has given. he thinks what
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Summary Minutes:Regular City Commission Meeting April 16,2015 City of Sunny Isles Beach,Florida
we have shown is if there is a case where some sign has faded, we are more than willing, to
work with the business owners to allow a replacement provided that it is exactly the same.
You are not going to see any heavy-handed enforcement with this,we work with the business
owners. Commissioner Aelion said as long as the Code Enforcement Officers understands
that, it is okay.
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, May 21,2015, at
6:30 p.m.
Vote: Commissioner Aelion yes
Commissioner Goldman yes
Commissioner Levin yes
Vice Mayor Gatto yes
Mayor Scholl yes
8. PUBLIC HEARINGS (Other than Ordinances for Second Reading)
None
9. ORDINANCES FOR SECOND READING (Public Hearings)
Sitting in as the Local Planning Agency and the City Commission, to Consider the
Following Ordinance Amending the Land Development Regulations (LDRs):
9A. A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida,
Recommending to the City Commission of Sunny Isles Beach, the Ordinance Amending
Section 265-180)of the Land Development Regulations Relating to Site Plan Modifications;
Providing for an Effective Date.
Action: [City Clerk's Note: Items 9A and 9A.1 were heard together.] City Clerk Hines read
the title, and City Attorney Ottinot reported.
Commissioner Levin moved and Vice Mayor Gatto seconded a motion to approve the
resolution. LPA Resolution No. 2015-88 was adopted by a vote of 5-0 in favor.
9A.1 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,Amending
Section 265-18(1) of the Land Development Regulations Relating to Site Plan
Modifications; Providing for Severability; Providing for Repealer;Providing for Inclusion in
the Code; Providing for an Effective Date.
(First Reading 03/19/15)
Action: City Clerk Hines read the title, and City Attorney Ottinot reported.
Public Speakers: None
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Summary Minutes:Regular City Commission Meeting April 16,2015 City of Sunny Isles Beach,Florida
Commissioner Levin moved and Vice Mayor Gatto seconded a motion to approve the
Ordinance on second reading. Ordinance No. 2015-450 was adopted by a roll call vote
of 5-0 in favor.
Vote: Commissioner Aelion ves
Commissioner Goldman ves
Commissioner Levin ves
Vice Mayor Gatto ves
Mayor Scholl ves
9B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida.Amending
Section 267-2 of the Code of Ordinances of the City of Sunny Isles Beach Relating to
Fees for Site Plan Modifications; Providing for Severability; Providing for Repealer;
Providing for Inclusion in the Code; Providing for an Effective Date.
(First Reading 03/19/15)
Action: City Clerk Hines read the title, and City Attorney Ottinot reported.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
Ordinance on second reading. Ordinance No. 2015-451 was adopted by a roll call vote
of 5-0 in favor.
Vote: Commissioner Aelion ves
Commissioner Goldman ves
Commissioner Levin ves
Vice Mayor Gatto ves
Mayor Scholl ves
9C. 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.BA1415-03 for the 2014-2015
Fiscal Year—General 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.
(First Reading 03/19/15)
Action: City Clerk Hines read the title, and Finance Director Audra Curts-Whann reported.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
Ordinance on second reading. Ordinance No.2015-452 was adopted by a roll call vote
of 5-0 in favor.
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 April 16.2015 City of Sunny Isles Beach,Florida
10. RESOLUTIONS
10A. A Resolution of the City Commission of the City of Sunny Isles Beach; Florida, Approving
an Agreement with Aeon Nexus Corporation for Consultant Services to Provide an
Organization-Wide Self-Service Business Intelligence(BI) Infrastructure, in an Amount
Not to Exceed $100,000.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to
Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to
Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title,and Chief Information Officer Derrick Arias reported
noting that this is for two projects that were budgeted this year, the Business Intelligence
project, and the new Fleet Management System. He said there is a third component that we
pulled out of this which is the Public Works component. This amount includes a
contingency of$19,000.00 should we need to do any additional work.
Public Speakers: None
Commissioner Levin moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2392 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,Approving
the Title VI Program Plan for the City of Sunny Isles Beach Community Shuttle
Service, Attached Hereto as Exhibit "A"; 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 Deputy City Manager Morris reported that the
City accepted a grant from the County that has some Federal requirements and one of them is
to formally adopt the Title VI policy.
Public Speakers: None
Commissioner Levin said that the classes of protected persons that is in the proposed policy
does not include sexual orientation or gender identity, and City Attorney Ottinot said the
policy is coming from Miami-Dade County and we are in compliance. We will follow up
with the County.
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2393 was adopted by a voice vote of 5-0 in favor.
Summary Minutes:Reeular City Commission Meeting April 16,2015 City of Sunny Isles Beach,Florida
[City Clerk's Note: Items 10C and IOD were heard after Item 6C. The remaining items
were heard in order.]
10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Second Amendment to the Agreement with Bell David Planning Group, Inc. for
Additional Planning and Zoning Services, in an Amount Not to Exceed S175,000.00;
Authorizing the Mayor to Execute Said Second Amendment to the Agreement;Authorizing
the City Manager and City Attorney to Do All Things Necessary 'to Effectuate this
Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Planning and Zoning Administrator Claudia
Hasbun reported that this is an Agreement to include the Evaluation and Appraisal Report of
the City Comprehensive Report, the replatting of Heritage and Gateway Parks, the
Transportation Master Plan, and the Collins Avenue Corridor Traffic Study.
Public Speakers: None
Mayor Scholl said this is a plan to review our Comprehensive Plan, and this item along with
Item IOD is kicking off this Traffic Study that we have been talking;about. It is quite
expensive because it will be quite comprehensive.
Commissioner Levin moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2394 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 a
Consulting Proposal from Bell David Planning Group, Inc. for Planning and
Transportation Services,Attached Hereto as Exhibit"A"; Providing the City Manager and
the City Attorney with the Authority to Do All Things Necessary to Effectuate this
Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Planning and Zoning Administrator Claudia
Hasbun reported and noted that this is a presentation from the Consulting Firm regarding the
Transportation and the Traffic Study. She introduced Alex David of Bell David Planning
Group, and also Joe Corradino from the Corradino Group who ga 'e a Power-Point
Presentation on the Comprehensive Traffic Study.
Public Speakers: Marianna Talalaevsky
Alex David said this is a two-part presentation where he will be handling the first part which
is the Evaluation and Appraisal Report(EAR)of the Comprehensive Plan. We are updating
the Comprehensive Plan which was adopted in 2000, and has been updaied once since that
time, and so we are in the second round of updates. As a City, Sunny Isles Beach has great
Planning and Zoning Regulations but as in even'document it is organic and so it needs to be
updated once in a while. The Comprehensive Plan in every city of Florida has goals,
objectives, and policies which sets a vision for the City. There are strategies within those
documents to meet the needs of residents. This document has about 10 or 15 elements and
each element has its own set of goals, objectives, and policies. Future Land Use includes
densities and intensities as Mr. Price had discussed. Transportation, housing, recreation,
open space, community design are some of the elements that are in this document. \Vhy are
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Summary Minutes:Regular City Commission Meeting April 16,2015 City of Sunny Isles Beach,Florida
we doing this? Florida Statutes requires that every seven (7) years that the Comprehensive
Plan be updated. We are now in the second time around. We are looking at the documents,
looking at the goals, objectives,and policies,updating where it may be needing updating,and
making sure that the City is in compliance with all Statutory Regulations of the State.
Alex David said they are looking at the existing Comprehensive Plan as stated, and meeting
with staff. They are proposing several Town Hall Meetings so that citizens can come and
speak and address their comments in the updated document. After that we will compile
everything and bring it to the Commission, and then transmit it to the State for their review
and comment. Once we get it back from the State, we bring it back to the Commission and
the amendments will finally be adopted by the City Commission. As part of the second
phase of this presentation, transportation is a big issue and that is one of the things we are
going to be really focusing on in their update,the transportation aspects. If they are approved
tonight they will start reviewing the current document, look for what needs to be changed,
look at background data, gather data, meet with the elected officials and staff, conduct the
Town Hall Meetings in the summer through September. Prepare the documents at the end of
the year and then begin the adoption process, and have this wrapped up in one year.
Commissioner Aelion said you must have been briefed on the traffic situation that we have
now and one of the main thrusts that we have,the current status of our traffic,the data on that
should precede the report or the study of Comprehensive Plan. The status of our traffic today
and its results should not take as long as the first phase, and Alex David said he will clarify
that part of it. Yes, the Evaluation and Appraisal Report will take a year but Joe Corradino is
under the gun to get the transportation pan done within six (6) or seven (7) months, and so
you are correct. Nothing will get transmitted to the Commission for final review until the
transportation part is done because that is very important and it will be part of our main
document.
Commissioner Levin stated as Stanley Price said earlier, we have a box of development
rights, in laymen's terms, how will what you do affect the City? In other words, could your
analysis potentially show that we should not have TDRs and things alone those lines? City
Attorney Ottinot said yes,and he asked Mr. David to provide to the Commission the previous
update and what was changed so that at least they will have an education and background on
it. With respect to density, intensity, and land use, there is a legal review that he will be
involved in with Mr. David, and so any change that has legal implications they will have to
work with him to make sure that any changes must meet compliance,and mitigate to the City
with respect to the TDRs that were originally adopted when the First Coniprehensive Plan in
terms of the projects to use. Police is one, in addition density and intensify, those issues are
very green in the Comp Plan and they have labor implications and so we can talk about it.
Commissioner Levin said what if you look at it and say we need 12 lanes on Collins Avenue,
how do we work around those things, what is your assessment going to reveal to us in
regards to transportation? She just wants to get an overall feeling of what we can expect.
Alex David said we can't focus on roads anymore because you are not expanding Collins
Avenue and so what are alternative modes of transportation, bike, pedestrian, mass transit,
certain things like that and so that is what we will be focused on. And then as the
Commissioner noted, on all the traffic in and out, north and south of here. Commissioner
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Summary Minutes:Regular City Commission Meeting April 16.2015 City of Sunny Isles Beach,Florida
Levin said she would like to see people walking more and biking more, and Mr. David said
they would like that too. They are not going to focus totally on cars and lanes because that is
kind of an outdated, outmoded way of looking at things. We have to look at all types of
transportation.
Mayor Scholl asked that we go ahead with the second phase which is the transportation
piece. It might be good if the City Attorney gives you the last update, what he is saying is,
and remember that they don't do anything, they make the recommendation and then we do
things. They will come back and say this is what we think but ultimately it is up to the
Commission to makes those decisions on what we want to ultimately adcomplish.
Planning and Zoning Administrator Hasbun said the TDRs were embedded in the original
Comprehensive Plan and basically you have a threshold. Even though'we have a pool of
TDRs,even'property that has been receiving TDRs, and they can't get more than 30%of the
bonus system, and if they want more they could not obtain them because we make sure that
they don't exceed that threshold as well. We are trying to spread things around and that was
the original approval that we received from the State as well.
Joe Corradino with the Corradino Group said he and Mr. David worked together for close to
20 years on similar projects. He gave an overview of their scope of services, their approach
to these types of projects, and the results of them. Transportation Planning is really a
blending of an art and a science. There is a scientific part of it where they need to collect the
data. They need to know what is happening out on the streets, get a traffic count and he
thinks they have 29 intersections, but they also blend that with an extensive public
involvement and public outreach aspect of it. What they really want to do is figure out what
people want out of the study. What the personality of the community is and how you want to
address your transportation issues going forward because these things can be handled in any
number of ways. There will be a list of wants and needs, and we will probably have more
problems than money to fix all of these things and so we are going to want to focus on the
things that you want and need. They will be recommending a jettisori of things that are
wanted but not needed or needed but not wanted. Sunny Isles Beach is really out of roadway
capacity for all intents and purposes and so we need to focus on the pedestrians, the bicycle,
mass transit, other creative modes to get around whether it be pedestrian bridges, or
pedestrian tunnels,or anything of that nature that helps people get around a little better in the
community on foot because the car,there is not a lot of capacity there. And so they are really
focused on moving people, not necessarily moving cars.
Mr. Corradino said there are six (6) tasks and again, public involvement will stretch the
entire process all the way through. They will collect and analyze data, look at the needs and
end up developing a list of potential projects. They will provide to the City the costs to plan,
design,and construct those projects. They will then put together an implementation plan that
with your assistance, will prioritize those projects. The beauty of that is that you will be able
to slide those even' year into one of your Capital Improvement elements so that this plan
does not sit on a shelf. It comes up with tangible results that you slide into your Capital
Improvements going on and then it becomes a living document that will probably be updated
over the years. They are analyzing 29 intersections,and will be reviewing not only the traffic
that is on the road now but the traffic that is going to result from all the development that has
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Summary Minutes:Regular City Commission Meeting April 16,2015 City of Sunny Isles Beach,Florida
been approved, that are not on the road now, and again, they will be able to recommend
litigation measures across the mode so you can select the ones that mitigate to your needs.
Commissioner Aelion asked in doing the studies for Miami Beach what were the overall
results when you involved the public? Mr. Corradino said what they like to do is to provide
capacity in all the modes because that gives people the opportunity to get around the way
they see fit. Right now in many communities they don't have capacities'with sidewalks for
pedestrians, they don't have bicycle lanes or room for a bicycle to get around, and they may
not even provide adequate transit. And so we are able to provide capacity, we already have
roadway capacity, if you can provide it in those other three modes, give people the option
then a certain percentage of them as the road continues to congest will make a cultural shift
to walk, or bike, or use transit, but we have to provide the capacity first. If there are no
adequate bike lanes or sidewalks people don't have an opportunity to use it. Not everybody
is going to abandon the car, and walking is not for everybody but it is for a certain percentage
of the people and if we can capture those people, we will make an impact on the mobility in
the community. Commissioner Aelion said it is very hot and people tend to use their
vehicles to get around, it is not easy to walk. He wants to know what the reaction was for the
people in Miami Beach. Joe said not everybody loves everything, the reaction overall was
positive, and he thinks as we move through time of the reaction to 'sidewalks, transit,
bicycling is more positive even'year, and his comment to many people is that it is freezing
cold in Boston in the wintertime and it is not very pleasant to walk around there and so as a
necessity as the mother of invention it gets harder to take your car a quarter of a mile and
people are going to find a better alternative, and they will walk. Miami Beach has gotten
very progressive, they have shared bikes and cars, and they have pushed in that direction
because they recognized two decades ago that they are out of roadway capacity. To add lanes
is not only costly from a financial standpoint but it is political because you are not going to
take private property to put in an extra lane.
Vice Mayor Gatto said you did answer a question she had while you were speaking because
she was thinking that the City is a living and breathing thing with all of this development and
we have to tweak it as we go along. But we have a school and there is a 99%chance that we
are going to have an annex to that school, and so there were staggered hours that we deal
with traffic during the day and she is assuming you will take that into consideration. Mr.
Corradino said absolutely, they are going to be looking at traffic in most of your peak hours
and obviously the school in the morning, there is lunch time, and there is the afternoon. If
there is any special circumstances that they run across that they didn't anticipate they will
identify them and count them. They will get a very good understanding of how the City
pulses in and out even'day, and that will help them. Vice Mayor Gatto said she thinks it is
really too hot for people to walk to the grocery store to do their shopping and on the way
back lugging stuff is even more difficult. Mr. Corradino said it is a very hard sell and it is
not for everybody, and so their approach is to try to put in place the infrastructure so that if
they want to they can take advantage of it, and over time he believes you will start to see
people taking advantage of the infrastructure because we just don't have the capacity in any
one mode, particularly in the automobile.
Commissioner Aelion said as soon as this is over and this is a paramount of importance he
wants to suggest to staff to do this at least as a two-step thing as far as presenting data to the
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Summary Minutes:Regular City Commission Meeting April 16,2015 City of Sunny Isles Beach,Florida
Commission. You can take 5. 6, 7 months to do the reports; hand it in, and present it but
being that it is such a complex issue it is important to give us the initial data and initial feel
prior to your conclusions and recommendations. Mr. Corradino said absolutely and that is
what they intend to do, and Mayor Scholl said you will be giving the Commission a progress
report. Mr. Corradino said yes because he wants to be able to show you what they have
collected, what the existing conditions are, analyze that and tell you what our potential
solutions are by mode and get your feeling for that. He does not want to make
recommendations in a vacuum, that is not going to help him, he can Use his expertise to
guide but the Commission really has to help. We will have to do this as'a partnership if we
are going to have real impact, and eventually you are going to have to put this infrastructure
on the street.
Marianna Talalaevsky said when you do the study can you look into the morning and the
afternoon on how many more cars we getting from outside of the City because she knows
that it affects traffic tremendously because she has friends in Golden Beach who said there is
a lot of traffic coming in north of them, and there should not be any traffic coming in north of
Golden Beach. When she leaves her house by 8:10 a.m. it is a standstill on Collins Avenue.
Most of the traffic is bringing the kids in, and it is not possible that all those kids are coming
from the Golden Beach area. She thinks the best solution for the traffic is when we get rid of
all the construction trucks on Collins Avenue.
Commissioner Goldman said the Town Hall Meeting is a very effective means of
communicating, or having the residents communicate their wishes and their objectives. Will
there be other methods for the people that cannot come to the Town Hall Meeting? Mr.
Corradino said yes, they use a crowd sorting web-based program called "Community
Remarks". They put it on the City's website enabling people at home and they can interact
with pictures, they can put comments in, they can take a picture of a problem and send it to
us. Also there will be Stakeholders meetings where we are talking to each of you
individually,and a list of citizens that you prefer we talk to individually,we will go to them.
If we can go to a homeowner's association meeting, or go somewhere and have coffee in
small groups, ultimately ending up in a Commission meeting where we have a more broad
conversation. Commissioner Goldman said that is very positive. Alex David said they are
using that program in Fort Lauderdale and so far we have gotten over 600 comments on the
Evaluation and Appraisal Report for the City's Comprehensive Plan update, and so it does
work. Mayor Scholl said that we can also put an article in the paper, we can give direction
on the website, and we want as much public opinion on this as possible:
Commission Levin asked if they have an example of what kind of changes that you may want
to recommend for infrastructure given what we have here in Sunny Isles Beach? In regard to
Vice Mayor Gatto's comment about going back and forth from Publix,wliat kind of solutions
have you seen in the past, like a direct bus route or putting up more shade trees to get people
to walk, etc. Mr. Corradino said there are all types of things just like that, he likes to try to
connect the traffic generators from the origins to their destinations. That may be from taking
pockets of density and you are making sure that the parks and school are connected from the
residential areas and shopping areas. You want to make sure you have quality urban design,
trees along the streets so that it is less hot or less rainy. Also a lot of people are taking
advantage of people's transportation money and putting together circulator routes to make
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Summary Minutes:Regular City Commission Meeting April 16,2015 City of Sunny Isles Beach,Florida
sure you are connected that way. There are other things that are done just to make it more
pedestrian friendly, there are all types of new technology with crosswalks which makes it
safer for pedestrians. There are multi-use paths that are 4 to 8 feet wide for bikers and
joggers to go on,they are made of asphalt on the bike lanes that can be used. There are more
policy issues we can deal with like rules of concurrency, and different ways to extract funds
from development so they can fund these types of projects. So everythind from urban design
to transportation modes to policy. The issue of shared bikes is one. We will explore all of
those, explain the concepts, and see if you like them.
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2395 was adopted by a voice vote of 5-0 in favor.
[City Clerk's Note: Item 7A was heard after Item I OD and the remaining agenda was heard
in order.]
10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida.Approving a
Waiver of Plat Application for the Property Located at 19200 Collins Avenue
Commonly Known as Heritage Park,as More Fully Described in Exhibit"A";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 Planning and Zoning Administrator Claudia
Hasbun reported noting this is saying that the Park is tax exempt and that we have to pay
taxes on the garage.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2396 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,Authorizing
the Purchase of Nine (9) City-Wide Vehicles from Don Reid Ford for Various Using
Departments, in an Amount Not to Exceed $204,583.00, Attached Hereto as Exhibit "A";
Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution;
Providing For An Effective Date.
Action: City Clerk Hines read the title, and Public Works Director Bill Evans reported.
Public Speakers: None
Vice Mayor Gatto moved and Commissioner Goldman seconded a motion to approve the
resolution. Resolution No. 2015-2397 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting April 16,2015 City of Sunny Isles Beach,Florida
10G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida.Authorizing
the Purchase and Installation of Equipment and Lighting for City-Wide Vehicles from
Strobes-R-Us, in an Amount Not to Exceed S114;665.00 Attached Hereto as Exhibit "A";
Authorizing, the City Manager to Do All Things Necessary to Effectuate this Resolution;
Providing For An Effective Date.
Action: City Clerk Hines read the title, and Public Works Director Bill Evans reported.
'Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2398 was adopted by a voice vote of 5-0 in favor.
IOH. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
the First Amendment to the Agreement with the Weitz Company!for Construction
Management Services for Gateway Park, in an Amount Not to Exceed $237,500.00,
Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Amendment to
Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this
Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Public Works Director Bill Evans reported
noting that there is a monthly report generated by Weitz with daily activity that is
documented by their staff. It is important to document all that is going on so if we need to in
the future to forensically put this project back together,all documentation is in place. Weitz
has been instrumental in keeping us on track on that. He highly recommends the monthly
rate of $39,583.33 for an additional six (6) months, although we matt not need that, be
approved. Mayor Scholl said this is project management,not construction management,and
Public Works Director Evans said owner's rep.
Public Speakers: None
Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2015-2399 was adopted by a voice vote of 5-0 in favor.
101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida;Approving
the Second Amendment to the Agreement with Craig A.Smith&Associates,to Provide
Engineering Services for the Reconstruction of the 174th Street Roadway Improvement
Project, in an Amount Not to Exceed $356,014.00, Attached Hereto as Exhibit "A";
Authorizing the Mayor to Execute Said Amendment to Agreement; Authorizing the City
Manager to Do All Things Necessary to Effectuate this Resolution;) Providing for an
Effective Date.
Action: City Clerk Hines read the title, and Public Works Director Bill Evans reported that
this is to help us manage this project for testing, project oversight, etc! It is 12% of the
overall project. Craig A. Smith actually performed the design on this, and this is the next
step.
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Summary Minutes:Regular City Commission Meeting April 16,2015 City of Sunny Isles Beach,Florida
Public Speakers: None
Commissioner Aelion asked when this project was getting underway.1 and Public Works
Director Evans said the root pruning has already been done on the trees. We anticipate
starting this project shortly after school lets out to allow more time for,the parking garage
work that is going on out there so that we can help ease some of the on-street parking that is
going to need to be addressed. It is going to be a difficult project and it is going to take a lot
of traffic maintenance and a lot of public outreach being cognizant of what we are doing. We
have to put plates down to get people in and out of their entrances, and so with school being
out, it will help. Waiting a little longer allows some of the construction effort to finish up
which will help ease the project somewhat.
Commissioner Levin moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2400 was adopted by a voice vote of 5-0 in favor.
10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida. Awarding
RFP No. 14-11-01 to and Approving an Agreement with Florida'Engineering and
Development, Corp.to Provide Professional Construction Services for the Construction
of the 174th Street Roadway Improvement Project, in an Amount Not to Exceed
$2,965,750.20, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said
Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this
Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Public Works Director Bill Evans reported that
this is actually the construction project.
Public Speakers: None
Commissioner Aelion asked if the speed bumps would be replaced in the same locations?
Public Works Director Evans said yes, they will be removed for the improvements and then
replaced in the same location. City Manager Russo noted that the drainage work is west of
North Bay Road, and the rest of the project goes the course of the whole street.
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2401 was adopted by a voice vote of 5-0 in favor.
10K. A Resolution of the City Commission of the City of Sunny Isles Beach. Florida. Approving
the Third Amendment to the Agreement with Keith & Schnars, P.A. for Professional
Services for the FPL Overhead to Underground Conversion Project,in an Amount Not
to Exceed 5403.320.00. Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute
Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate
this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Public Works Director Bill Evans reported
noting that we had talked about this this morning at the Pre-Budget Workshop. The City
Manager had noted then that we would need to schedule a special meeting to go over this
undergrounding project. Currently the project is configured with FDOT moving in the future
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Summary Minutes:Regular City Commission Meeting April 16,2015 City of Sunny Isles Beach,Florida
with the resurfacing project. We needed to expand this project 40% to 50%to include off-
Collins portion of this. We are talking about additional surveying work, right-of-way that
has to be secured, etc. This is a big project and it is very complex. There are areas that we
need to secure right away that we didn't think we had to but it came to light with FPL. How
they approached them with this, we have hired a consultant that is helping us out on this,
Paul Abbot. He noted that Tim Hall is in the audience tonight from Keith & Schnars.
Public Speakers: None
Commissioner Aelion said the original plan for undergrounding was to limit it to Collins
Avenue, or was it comprehensive to include the inner streets? City Manager Russo said no,
this phase of it is just Collins Avenue but the overall plan for the City is to do all of it. What
we have found as you are getting into it,you are putting in some of the key components, and
the remaining poles and lines are to be taken down. The underground infrastructure and
transformers are being accommodated so efficiency of the actual contract that it is going to
take the wires off the poles and put them underground like Atlantic Boulevard. That whole
corridor will have the infrastructure in place, the undergrounding. It wouldn't be efficient
not to take the lines down by the school, and other areas added to it. Public Works Director
Evans said what we are trying to do is to eliminate the need to ever go back out and have to
cut the pavement on Collins Avenue. With this Atlantic Corridor having to be done it will
eliminate having to do that in the future.
Vice Mayor Gatto said the FDOT project is going to collide with some construction that is
going on here in the City, City Manager Russo said they are going to start the paving project
after April 2017. Public Works Director Evans said right, they have been willing to work
with us. They have pushed back their project to April 2017. There may be a collision but
we will have to coordinate our efforts and our job will be to get as much conduit and get out
of their way as possible and we think we can do that. All the more Reason to get this
approved so we can get the right-of-way secured to facilitate that. City Manager Russo said
this is still a long term project, if everything goes smoothly we are going to have all our
conduits and everything in place by April 2017. After that we are still going to be placing
streetlights new lights in locations, then through FPL approved contractors that we paid for
then they have to take all the wire off the poles and run them underground.
Commissioner Levin asked if the conduit runs linearly or does it go a little bit here and a
little bit there? In other words, if they were starting at the south end as He were finishing
could they come in and pave over that? Public Works Director Evans said yes and that
would be taken into account.
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2402 was adopted by a voice vote of 5-0 in favor.
10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Providing
In-Kind Support to the Consulate General of Israel for the"Israel 670 Independence Day
Celebration" Event on April 26, 2015 for the Use of two (2) Generators and City
Personnel, in an Estimated Amount of$2,500.00; Authorizing the City Manager To Do All
Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
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Summary Minutes:Regular City Commission Meeting April 16,2015 City of Sunny Isles Beach,Florida
Action: City Clerk Hines read the title, and Cultural and Community Services Director
Susan Simpson reported noting that this event will be at Haulover Park.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2403 was adopted by a voice vote of 5-0 in favor.
107. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida. Ratifying
Settlement Agreements Between the City of Sunny Isles Beach and Ana Lau and Elena
Fordjour(`Unit Owners')of the Plaza of the Americas Condominium,Attached Hereto
as Exhibits "A" and "B"; Providing the City Manager and the City Attorney with the
Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
Action: City Clerk Hines read the title,and City Attorney Ottinot reported noting that this is
the final settlement.
Public Speakers: None
Commissioner Goldman moved and Commissioner Levin seconded a motion to approve
the resolution. Resolution No. 2015-2404 was adopted by a voice vote of 5-0 in favor.
[City Clerk's Note: The following related Items ION and 100 were heard together.]
10N. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida.Approving
a Purchase Agreement Between the City of Sunny Isles Beach and Dezer Universal,
LLC, Attached in Substantially the Same Form Hereto as Exhibit;"A", to Purchase
Real Property Located at 18080 Collins Avenue; Authorizing the Mayor to Execute Said
Agreement; Authorizing 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 Mayor Scholl reported that this is a series of
resolutions where we got kind of a package deal. We are proposing to buy the land next door
to City Hall on the north side from the Dezer's. In addition, they have a piece of land in the
south end of the City in front of the Arlen House that is their Sales Center and a parking lot
and we are proposing to get that piece of land from an exchange of TDRs. The land next
door is a transaction where we paid them$7 Million in cash, 20,000 in TDRs,and then they
already own 33,750 TDRs that we are going to give them the right to use on the east side of
Collins Avenue. That works out to about 510.5 to $I I Million, and the property was
appraised for $9.5 to $10 Million, we got two (2) appraisals. \Vhat we end up doing is that
we don't have to go through eminent domain,we don't have to have a big legal fight,and so
it is kind of a win,win. In past issues when we have had an eminent domain like for instance
when we acquired the property to build Gateway Park, we ended up paying twice what the
appraised value of the property was. In this case we are paying $1.8 Million or 10%
premium to the appraised value of the property and we avoid the legal, avoid the headaches,
and the main thing is we will get the property right away.
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Summary Minutes:Regular City Commission Meeting April 16,2015 City of Sunny Isles Beach,Florida
Mayor Scholl said that the primary reason we are getting this property, is our anticipation of
building a building here which we are going to plan out and have a workshop on but
ultimately the main purpose for that will be for the school expansion.
City Attorney Ottinot said the 15800 Collins Avenue property is to expand the Intracoastal
Park. Mayor Scholl said yes, the property in front of the Arlen House at 158th Street is to
expand the Intracoastal Park system. Once we get that piece, the only thing that we really
have left is by Coastal Towers, that is the only piece that is really not filled in. That is a
fairly large piece of land, and again, that one is a straight transaction, that is what the TDRs
Ordinance was created to do. A developer donates a piece of land and we give him back the
TDRs that the property would have yielded. That property yielded roughly 77,000 plus in
TDRs and we are giving the Dezer's 80,000 TDRs for that property. The only caveat is that
we are not going to get it for a few years. They have a Leaseback Agreement but you have to
strike while the iron is hot, and they needed the TDRs for the Armani building. That deal has
been in the works for a long term. Mayor Edelcup had started working with them but there
was never an impetus for them to actually do that deal.
Public Speakers: Gene Newman
Commissioner Levin said she was not clear when we were supposed to close on the property
by the Arlen House. Mayor Scholl said they have the right for three(3)years to lease it back,
we are going to get it right away but then we are going to enter into a lease agreement. Part
of the deal was that they still needed it for the Sales Center. Commissioner Levin said she
didn't see that in the contract, but it was noted that it is the add-on item. City Attorney
Ottinot said the Sales Center is a dedication,we will become the record title holder and there
is a leaseback with the developer to lease the property for three(3)years for the Sales Center.
Commissioner Aelion said a concern was raised about this public private partnership about
the layout, the cost that the City is going to pay. It may be a little on the high end however
under a comparative site this probably has a sale and purchase, comparatively the deal is
good. What the Mayor achieved here is within the cost that anyone would do.
Gene Newman gave history on the Alamo site next door to City Hall. He thinks the TDRs
are under-valued. Mayor Scholl said making a deal like this is more art than science. The
special purpose is that we need a space for school expansion, and that school expansion has
had a lot of proposed sites and were involved in an eminent domain process which would
take years. This particular transaction serves a lot of masters in that we end up with a school
expansion site, we end up with an area for some civic public purpose and we still end up with
some commercial space. With that Agreement it will help defray the cost of the new
building, the Schoolboard will contribute to that building, the commercial tenants will
contribute to the cost of that building, and the City will contribute to the cost of the building.
On the TDRs, we have a precedent that has happened a number of times where we allow
folks to take east-side TDRs, pay a fee, and get them to the west side. The last transaction
we had that was recorded, the fee was$17, let's say we were wrong and say$35. we are still
at £105 to £11 Million. Even if he agreed with him and we say that TDRs are worth $125 a
foot, even at $13 Million and change, it beats an eminent domain site because we have a lot
of history of paying two or more times than what properties are appraised at when we have to
go through eminent domain. In this case do we feel that TDRs are worth 5125 a foot? You
could but we still believe that even at that characterization, and he doesn't believe in that
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Summary Minutes:Regular City Commission Meeting April 16,2015 City of Sunny Isles Beach,Florida
characterization because historically we have done this before. We have a lot of history
about transferring west-side TDRs to east-side TDRs. Even if we did that, it is still a much
better proposition than going through eminent domain. Gene Newman asked what the City is
paying for that Sales Office,and Mayor Scholl said nothing,and between the two properties,
the compensation for the Alamo property is cash and TDRs, and with the Sales Office, they
are donating the property to the City in exchange for the density that property would have
yielded, about 2,000 feet more. It will be used for the Armani project. All of those
transactions kind of abstracting the TDRs Ordinance but it was designed to transfer density
from a donor's site, when we wanted that site for a public purpose,to make a higher building
within theconstraints that Claudia explained earlier. The reason we packaged it all together
was because they are a motivated seller because they needed the TDRs for the Armani
building. Mayor Edelcup could never get them to the table to finish that deal when he tried
to do it because they were not a motivated seller at that point. In this case it is not really a
sale but they are a motivated donor. We are going through the process right now with the
submerged land.
Commissioner Levin said she knows that Dezer has the option to lease 30,000 square feet,
are they leasing it or are they buying it? Mayor Scholl said they will be buying it as a
condominium, and so they have to commit to that before we approve'the final site plan.
Commissioner Levin said then that we can actually keep it and use it, and Mayor Scholl said
that is correct or if they don't want it, we can make the building smaller and not take on
space that we don't have a buyer for. Ultimately, if they use it, they pan' for it, and if they
don't want it, we don't have to pay for it. Commissioner Levin said then that right now there
is no intention for anybody else to go in there. Mayor Scholl said actually we could but we
are not a building design, until we design the building we will see. Commissioner Goldman
commended the Mayor, City Manager and the City Attorney, staff and everybody that put
this deal together. She said a good deal is a deal that works for both parties, it really worked
well for the developer, it works well for the City, it is multi-purpose.it is public-purpose,it is
an excellent creative solution to attractable problems that we have had with eminent domain,
and she thinks it is excellent and really workable. Vice Mayor Gatto said it is very skilled
negotiations but timing is everything as well. It is very complicated but it worked out
perfectly in so many areas. City Attorney Ottinot noted for the record submerged land offer
was based on statements he gave the Commission previously,and Mayor Scholl said yes,he
just wanted to give an example of how eminent domain can actually get. Commissioner
Levin asked what the changes were to the revised Agreement, was it anything substantive?
City Attorney Ottinot said no,just minor name change and executed signature.
Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2015-2405 was adopted by a voice vote of 5-0 in favor.
100. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
and Accepting a Warranty Deed for the Conveyance of Land for Public Purposes from
TRG Sunny Isles VII West, LLC; Authorizing the Recording of the Deed in the Public
Records of Miami-Dade County, Florida;Authorizing the City Manager and City Attorney to
Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title,and Mayor Scholl reported that this is the sale of the
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Summary Minutes:Regular City Commission Meeting April 16,2015 City of Sunny Isles Beach,Florida
property and donation of the property in the south end.
Public Speakers: None
Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2015-2406 was adopted by a voice vote of 5-0 in favor.
10P. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida.Approving a
Donation of Transfer of Development Rights("TDRs") in the Amount of 80,000 Square
Feet of Floor Area and 38 Dwelling Units to TRG Sunny Isles VII West, LLC and
Providing for the Creation of a Private TDR Bank Account; Approving Assignment
and Hold Harmless Agreements; Authorizing the Zoning Administrator to Withdraw
and Assign 80,000 Square Feet of Floor Area and (five) 5 Dwelling Units to RDR
Seashore,LLC from the Aforementioned Private TDR Bank Account for the Property
Located at 18979 Collins Avenue; Authorizing the Adjustment and Modification of the
Private TDR Bank Account; 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 Mayor Scholl clarified that instead of a building
getting built on the south end of the City at the entrance to Arlen House and across from
Trump 1. II. and III. which they can build a 77.000+ square foot building,that building ends
up on top of the Armani building. This is the formal mechanism of actually transferring
those TDRs from that donor site to the developer who is donating the site to the City.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2407 was adopted by a voice vote of 5-0 in favor.
10Q. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida.Approving a
Donation of Transfer of Development Rights("TDRs")in the Amount of 53,750 Square
Feet of Floor Area and 25 Dwelling Units to Dezer Universal LLC, and Providing for
the Creation of a Private TDR Bank Account; Approving Assignment and Hold
Harmless Agreements; Authorizing the Zoning Administrator to Withdraw'and Assign
38,589 Square Feet of Floor Area and 18 Dwelling units to RDR Seashore, LLC from
the Aforementioned Private TDR Bank Account for the Property Located at 18975
Collins Avenue; Authorizing the Adjustment and Modification of the Private TDR Bank
Account; 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 Mayor Scholl reported that this is the same thing
for the Alamo site. this is the west side TDRs that we are basically donating to the Dezer's.
We are paying the Dezer's for a portion of the purchase price of that property.
Public Speakers: None
Commissioner Levin moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2408 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting April 16.2015 City of Sunny Isles Beach,Florida
IOR. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Assignment of Transfer of Development Rights ("TDRs") in the Amount of 68,694
Square Feet of Floor Area and 37 Dwelling Units from a Private TDR Bank Account of
Gil Dezer to RDR Seashore, LLC; Approving Assignment and Hold Harmless
Agreements; Authorizing the Zoning Administrator to Withdraw 68.694 Square Feet of Floor
Area and 37 Dwelling Units from the Aforementioned Private TDR Bank Account for
Assignment to the Property Located at 18975 Collins Avenue;Authorizing the Adjustment
and Modification of the Private TDR Bank Account; 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 and Zoning Administrator Claudia
Hasbun reported that this is the private TDRs being transferred and once transferred, it will
be closed.
Public Speakers: None
Mayor Scholl explained that the transaction did not yield them all the TDRs that they needed
for the Armani site approval, and so they have TDRs in a private TDR bank. There are
different TDR banks, there is the City's and there is the private. Gil Dezer already owns
some TDRs and so ultimately they will take the TDRs that result from these two transactions,
the south site and site next door to Government Center(Alamo property),he adds to it some
of his own TDRs and ultimately gets the amount of TDRs that he needs to get the approval
on the Armani site.
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2409 was adopted by a voice vote of 5-0 in favor.
10S. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Directing the
Zoning Administrator to Administratively Close Out a Private Transfer of Development
Rights ("TDRs") Bank Account of Dezer Development LLC; and to Deposit
Unassigned TDRs to the City Bank Account in the Amount of 33,750 Transfer of
Development Rights ("TDRs") and 16 Dwelling Units; 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 and Zoning Administrator Claudia
Hasbun reported in order to keep track of all the transactions, this is a request to close the
final private TDRs account.
Public Speakers: None
Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2015-2410 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting April 16,2015 City of Sunny Isles Beach,Florida
IOT. Add-On:
A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a
Lease Back Agreement with TRG Sunny Isles VII West,LLC for the Property Located
at 15800 Collins Avenue, Attached Hereto as Exhibit "A"; Authorizing the Mayor to
Execute Said Agreement; Authorizing the City Manager and the City Attorney to Do All
Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: [City Clerk's Note: Distributed prior to Commission Meeting. See Item 4A for
additional action.] City Clerk Hines read the title, and Mayor Scholl said this is the final
piece of the puzzle, again timing is everything. The developer was not ready to give up the
site but they were ready to make the deal because they needed the TDRs in the south end of
the City. And so we are leasing it back to them for a nominal fee and ultimately we will take
possession when they are done using it not to exceed three (3) years.
Public Speakers: None
i
Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2015-2411 was adopted by a voice vote of 5-0 in favor.
11. MOTIONS
None
12. DISCUSSION ITEMS
12A. Discussion regarding the Status of the Purchase Contract for Bella Vista Bay Park.
Action: Commissioner Isaac Aelion said due to previous discussions with the developer,he
is withdrawing this item.
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
None
14. ADJOURNMENT
Commissioner Aelion moved and Commissioner Levin seconded a motion to adjourn the
meeting, and Mayor Scholl adjourned it at 10:20 p.m.
Respectfully,submitted $},, Approved y- City Commission on May 21, 2015
C' \
Jane A.. the MMC:Citv„Clerk George H. choll, Mayor
37
Item Coversheet Page 1 of I
City of Sunny Isles Beach
b 18070 Collins Avenue
G..(- � Sunny Isles Beach,Florida 33160
(305)967-0606 City Hall
e. .e (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo,City Manager
FROM: Jane A. Hines, MMC,City Clerk
DATE: 5/21/2015
RE: Summary Minutes for the April 16,2015 City
Commission Meeting
RECOMMENDATION:
Attached for your consideration are the Summary Minutes for the April
16,2015 Regular City Commission Meeting.
REASONS:
N/A
ATTACHMENTS:
Description
Summary Minutes
Item Number:3.A.
1
http://sunny isles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID°1639 5/14/2015