HomeMy WebLinkAbout2015-0521 Regular City Commission Meeting SUMMARY MINUTES
Regular City Commission Meeting
Thursday, May 21, 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
Timothy Byrd, K-8 Student Body President
2. PLEDGE OF ALLEGIANCE / INVOCATION
Action: Police Chief Fred Maas noted that May is Memorial Month, and this coming
weekend is Memorial Day Weekend. We honor and remember both our military, past and
present, and our law enforcement who have made the ultimate sacrifice. As a special tribute
in their honor, following the Pledge of Allegiance we will have a special rendition of"God
Bless America"as he is accompanied tonight by Jasmine Michaels who is a resident, college
student and previous scholarship winner for the City of Sunny Isles Beach. Chief Maas led
the Pledge of Allegiance to the flag, and then he and Ms. Michaels sang "God Bless
America". Chief Maas then gave the invocation.
Mayor Scholl gave opening remarks of decorum, and gave an update of activities in the City.
At last month's meeting we appropriated the funding to buy the land next door to City Hall
which we call the"Alamo Property". On that property our intention is to build a building that
will house an expanded school,a Senior Center,and some commercial office space. The City
Manager has been working with the School Board and it turns out that the School Board
wants to move grades 6, 7, and 8 to that building which actually will be good for us because
originally they wanted to move the kindergarten K through grade 2 which requires a lot more
infrastructure including having to use the first floor and having a bathroom in each class
room. With grades 6 through 8 we have a lot more flexibility in the building design which the
City Manager is working on.
City Manager Russo said the other part of that which is important and it is just one
component, parking is obviously a big issue and this gives us the flexibility to have a level of
parking at the ground level besides the level we are going to have partially underground. That
was a big difference, one of our main concerns was having adequate parking with this
development.
Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida
Commissioner Aelion noted that we are going to have a middle school standing on its own
and it is a big addition to our City with pride. We have been approached many times
regarding a high school but we are not that size of a City. Mayor Scholl said that the School
Board is giving us flexibility and so we are in the process of a building design now,and then
we are going to negotiate with the School Board. One of the things we added as a condition,a
lot of people are coming from outside of the community going to that school that are not
supposed to be there, and so we are also working with the School Board on mitigating the
District Jumpers, and so that is part of the plan in getting this whole package approved.
Mayor Scholl said the second issue we have been working on is the "Beach Erosion Study",
and so again we appropriated the funding for that and the firm has commenced its work. We
are also talking to our coastal neighbors, Golden Beach to the north, and Bal Harbour,
Surfside, and Miami Beach to the south. We are putting together potentially a coalition to
focus on sand because we all have the same problem. Ironically he met with Mayor Packer
today from Bal Harbour. Our sand goes down to Haulover by the jetty at the cut,and because
of the proximity of that, that sand is pumped over to Bal Harbour. He explained to Mayor
Packer that he is pumping our sand into Bal Harbour. Mayor Scholl wrote an article a few
months ago called"Shifting Sands",but we are looking at ways to mitigate the shifting sands
and then potentially stabilize our beach. We also believe that if we form a coalition there will
be safety in numbers and we will be able to have a larger lobbying presence for the State and
the County to get funding to do the Beach Renourishment Project in a more timely manner.
Mayor Scholl said the last issue is the "Traffic Pedestrian Comprehensive Study". That
company has been hired,and they have been on site and are starting to do an analysis. We are
forming a Steering Committee made up of certain members of the public from different areas,
such as a development member and a single family home owner member. We are going to
have a few folks on that Steering Committee to give them some insight on what it is like to be
in that particular condition in the City as a resident or as a business owner. We are going to
have two Town Hall Meetings to get public input for that. One is going to be on July 9 and
one on September 22, 2015. We will be sending out notices on those Town Hall Meetings.
That will give everybody a chance to come and speak to the Consultants, give them your
input,your ideas,and get some feedback from the Consultants. We want a very open process
so that everybody has the ability to come and voice their opinion.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting—April 16, 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.
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4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Hear Items: Additional Information: Item 6A. Estimated Fees/Schedule;Hear
out of Order: Hear Item 10E after Item 6A; Deferrals: Item 9C. Sign Repairs Ordinance.
Action: Mayor Scholl noted the above changes to the agenda. Commissioner Aelion moved
and Commissioner Levin seconded a motion to approve the above changes to the agenda.
The motion was approved by a voice vote of 5-0 in favor.
5. SPECIAL PRESENTATIONS
5A. A Presentation by Florida State Representative Joseph Geller regarding an Update on
Legislation Activities.
Action: [City Clerk's Note: This item was heard after Item 5B as Representative Geller
arrived late.] Mayor Scholl said each year about this time it has been customary for our
local State Representative to come and give us a flavor of what is going on in Tallahassee,
and he introduced State Representative Joseph Geller.
State Representative Joseph Geller said they didn't quite finish in Tallahassee and have to go
back on June 1,2015 for a Special Session. There were a few things that did get done during
their session, and one is a Bill passed that will address some abuses in the guardianship
arena, spearheaded by Dr. Sam Sugar of Aventura. The Bill is a first step, it leaves a lot still
to do but there have been some terrible abuses there and this is the first step towards
changing that. He was involved particularly with education, he served as the ranking
Democrat on the K-12 Subcommittee and also a member of the Education Committee, and
he is very happy to report that they did pass one very important piece of legislation which
reduces the number of high stakes tests that our students have to take. In the wake of this
legislation, both Miami-Dade and Broward Counties have announced that they are cutting
literally hundreds of tests that students have to take. Again, it is a very good first step.
Representative Geller said they did not accomplish the one constitutionally mandated duty
that the Legislature has which is to adopt a balanced budget for the State of Florida. There
are a lot of reasons why that happened, and that is the issue of the day. For people who have
not followed it closely and want to know what is going on, it comes down to healthcare. The
issue with healthcare is this,there has been a federal program called the"Low Income Pool"
that the federal government has provided funds for states to help care for indigent patients.
Florida has been the beneficiary of that, and this year were the programs to be continued it
would result in$2.2 Billion for the State of Florida. The Feds have told us that that program
is going to be ending and this is not a surprise as they were going to end it last year. One of
the provisions of the Affordable Care Act is that it provides for money to expand access to
healthcare. Possibly through Medicade but not necessarily as Medicade is a little bit of a
controversial program. The fact is that the federal government would make available to the
State of Florida this year another$2.8 Billion to use for expanding access to healthcare and
this is tied into the Low Income Pool. The goal here is to reduce people's reliance on
Emergency Room care, and to get them covered with health insurance. Emergency Room
care is both the most expensive and least effective kind of healthcare there is. By providing
access to better health insurance, people hopefully would be eligible for things like
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preventive care,wellness care,things that are both more effective and would result in a better
outcome and also be cheaper. Keep in mind that even though the Feds provides part of the
cost of indigent care, we also contribute to that cause through our local taxes to support
institutions like Jackson Memorial or Hollywood Memorial and so theoretically you should
have some beneficial effects all around. The problem is that there is a gap in coverage. A lot
of people think this issue about Medicade is designed to help the poorest people in our State
and there is nothing wrong with that but the fact is if you are really poor in Florida,you have
health insurance. You have Medicade, you are covered. Past a certain income level, if you
need health insurance you qualify for subsidies under the Affordable Care Act,under Obama
Care, that can help you buy your health insurance. But there is a gap from about 20 to 55
Thousand Dollars in income and if you fall into that gap you make too much money to have
Medicade but not enough to qualify for subsidies for Affordable Care Act or Obama Care
Insurance. That means that people who have gotten a job and are working sometimes two
jobs because they can't get benefits,are out there and their initiative and work is awarded by
being told you have lost your health insurance, you make too much money which makes no
sense. The State Senate has almost the same composition as the State House he serves in. It
is roughly 2 to 1 Republican but almost unanimously our State Senate has come up with a
proposal that would expand access to healthcare coverage,they call it FHIX, it is a fix to the
problem, the Florida Health Insurance Exchange. It is based on private insurance but it
would allow us to not only draw down that $2.8 Billion in federal money to expand
healthcare coverage this year,but probably if we did that, some kind of a deal could be made
with the federal government for this other$2.2 Billion in funding. The total is$5 Billion and
in fact,over a ten-year period the federal government is willing to give to the State of Florida
$50 Billion to expand healthcare coverage, initially paying 100% of the cost and over the
course of these years declining to where they would still pay 90% and keep in mind, that is
our money. We paid that money in taxes, we are a donor state, and they are offering to give
us back$50 Billion,and somehow we haven't been able to figure out the right answer to that
which is yes, thank you. And so that is where it stands, the Senate has a plan in place, for
reasons that they would be better able to explain than him or his colleagues in the House,and
the House leadership has not thought that is the right way to go, and that is the impasse that
we face. Personally he thinks we should be taking their money and thank everyone that has a
job and healthcare,we should expand it so we have better outcomes for people,and it would
be the fiscally responsible thing to do because it actually will reduce healthcare costs.
Representative Geller said there were a lot of things that they were not able to get done
during this session. There is a horror going on in our prisons that has been very thoroughly
reported and we couldn't agree between the Houses on a"Prison Reform Bill". There have
been promises for more money for education but if we don't accept some of this federal
money they may need to use that education money to help cover this indigent care gap.
There are problems with waiting lists for affordable housing, we continue to incarcerate
people who are mentally ill instead of having treatment beds available because again it is a
funding issue. The budget that the House has proposed for the State of Florida is $75
Billion,the budget that the Senate has proposed counting these two pots of federal money is
$80 Billion. $5 Billion on that size budget, that is a really significate portion of the State
budget and so this is not just about health care. 75% of the voters in this State voted for
Amendment One to protect our land and our water more effectively and we haven't reached
an agreement as to how that is to happen. That $5 Billion spread across our State budget
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would be of enormous impact in addressing some of these critical needs that we are talking
about and he knows we face here every day at the local level. The signals that he is getting is
that we will have a balanced budget. He would be glad to stop by after that session with an
update. He introduced his wife Betty, daughter Michele and his Aide Jeremy Kozyak.
5B. A Certificate of Appreciation to be Presented to Timothy Byrd for his Service as
President of the Student Council at the Norman S. Edelcup Sunny Isles Beach K-8.
Action: [City Clerk's Note: This item was heard before Item 5A.J Mayor Scholl and the
Commission presented Timothy Byrd, K-8 Student Body President, with a Certificate of
Appreciation. Commissioner Aelion said the Certificate is being given to Tim in recognition
of his participation here throughout the last two(2)years by joining the Commission on this
dais many times during Commission Meetings. He is now graduating from the 8th Grade and
will be attending Alonso and Tracy Mourning High School in the fall. Commissioner Aelion
noted that Tim's family was here in the audience supporting Tim.
Commissioner Aelion also noted another student who has distinguished himself. On May 6,
2015 we had Law Day in the North Justice Center and part of the regular program is a Law
Day Essay Contest, and Lou Abrado from grade 8 at the Norman S. Edelcup Sunny Isles
Beach K-8 was honorably mentioned.
5C. Acknowledgement that the City of Sunny Isles Beach Received the Government Finance
Officers Association(GFOA)Distinguished Budget Presentation Award for Fiscal Year
2014/2015.
Action: Mayor Scholl acknowledged that the City won the GFOA Distinguished Budget
Presentation Award for FY 2014/2015. City Manager Russo thanked the staff of the Finance
Department,all the departments work on their budgets but the Finance Department puts it all
together. He noted in order to achieve this award, a lot more data and information goes into
that budget. At the time when they first got this award they combined the Animal Report we
used to do with the Budget along with the level of performance measurements. It is really an
involved process and they deserve a lot of credit for getting this award. It does seem to
become routine but he can tell you that it makes the budget process a lot harder every year.
5D. A Special Presentation by the Police Department.
Action: Police Chief Fred Maas asked Lt.Detective Mike Mulvey to join him at the podium.
Chief Maas reported just after midnight on Sunday, February 8, 2015, Detective Mike
Mulvey from the Sunny Isles Beach Police Department had just arrived home when he
decided to take his dog for a final walk around the neighborhood. That decision proved to be
a lifesaving one for a young man who lived nearby. While walking his dog, Detective
Mulvey a 20+ year veteran of law enforcement heard a car engine idling somewhere in the
area. Since there were no headlights burning it was difficult at first to locate it, when he did
locate it he observed a hose leading from the tailpipe of the vehicle affixed and sealed with
masking tape and leading into the vehicle via a closed window. He immediately rushed over
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Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida
to the vehicle and looked inside and spotted a young adult male laying down on the back seat
barely conscious. The hose leading into the vehicle from the exhaust pipe was doing its
intended purpose,putting the occupant to sleep and ultimately to death by carbon monoxide
asphyxiation. Detective Mulvey called 911 and proceeded to force his way into the vehicle.
There was just enough room through the window to forcibly remove the hose first,and then
force the door open. Detective Mulvey dragged the almost lifeless adult male out and began
emergency aid as medical units arrived and Police responded to the scene. The victim later
admitted when interviewed that he suffers from schizophrenia and was off his medications
and intended to take his life.
Chief Maas said the irony of this story of rescue was that Detective Mulvey true to his style
of humility and quiet demeanor said nothing to anyone of the incident or his life saving
rescue. Not until he received a call from a Tamarac District Deputy from the Broward
Sherriff s Office were we informed of Detective Mulvey's heroic actions. It is consistent
with his professionalism,humility,and dedication both on and off duty. And since he didn't
relay this story to him, he had no idea that he was being rewarded tonight, we were able to
keep that from him. In fact, he doesn't even know that his parents and sister are in the
audience tonight. His father is retired law enforcement in Newark,New Jersey,and currently
works for the Broward Sherriff s Office. Chief Maas presented Detective Mulvey with the
"Life Saving Medal of Valor" on behalf of the Dade Chiefs Association, the City of Sunny
Isles Beach,the Sunny Isles Beach Police Department,and most importantly,the citizens for
whom we work for. Detective Mulvey said he is humbled by this recognition. He is here to
do a job for this community and it doesn't matter if it is Sunny Isles Beach or anywhere else,
it is what we do and we try to be professional and maintain that image for the public.
6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. Request of 17550 Collins Avenue, LLC. for the Residential Condominium
Tower/Restaurant Project for the Property Located at 17550 Collins Avenue for the
Following: (Hearing #PZ2015-10)
Summary:
The Applicant is seeking approval of a site plan application for an 18-story residential tower
with a ground floor restaurant. The application consists of 77 residential units and 165,538
square feet of floor area ratio(FAR).The Applicant is requesting permission to purchase and
assign 38,104 square feet of floor area and six(6)dwelling units from the City's Transfer of
Development Rights Bank("TDR Bank").Additionally,the Applicant is requesting approval
of the use of mural and graphics on temporary construction fencing.
Requests:
1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations,
the Applicant is requesting a site plan approval for an 18-story residential tower with 77
residential units and a restaurant with a total Floor Area Ratio(FAR)of 165,538 square feet.
2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations,
the Applicant is requesting permission to purchase and assign public TDRs in the amount of
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Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida
38,104 square feet of floor area and six(6)dwelling units. If TDR application is approved by
the City Commission, an adjustment to be made for a decrease 38,104 square feet of floor
area and 21 dwelling units in the City's TDR Bank.
3. Pursuant to Section 265-63.3 (G) of the City of Sunny Isles Beach Land Development
Regulations, the Applicant is requesting the use of graphics and murals on a temporary
construction fence.
Protests 2 Waivers 0 Ex Parte 4
Action: [City Clerk's Note: Additional Information of Estimated Fees and Construction
Schedule was distributed prior to the meeting.] Mayor Scholl gave opening remarks on
zoning procedures/decorum. City Clerk Hines read a disclaimer for the Zoning hearing,
administered the oath to witnesses, and noted that the City has received two Protest Letters
from Raanan Katz, and residents of King David Condominium, Igor and Semyon Libo, and
Ella Belkina;and a Support Letter from Rabbi Yisrael Baron. City Attorney Ottinot asked if
there were any Ex Parte Disclosures and each member of the Commission, except for Vice
Mayor Gatto, said they had met with the Developer to discuss the Application.
Commissioner Aelion and Commissioner Goldman each met with Rabbi Baron about this
project as well.
Planning and Zoning Administrator Claudia Hasbun reported the Applicant is seeking
approval of a site plan in conjunction with an as-of-right application, and there are three(3)
requests in this application [noted above]. The proposed site plan includes an increase of
floor area ratio of 0.95 from the floor area ratio bonus system. The Applicant is required to
provide the City with a non-refundable deposit in the amount of 10% of the approved
purchase price of$784,080 for the FAR bonuses acquired from the City. The total amount of
the required deposit is$78,408 and shall be made within three(3)working days if the project
is approved. The proposed TDR Application is a request for approval for the purchase of
38,104 square feet and 21 dwelling. The TDRs purchase proposal is an increase in density of
9%of the allowed 30%of the increase of density,and approximately 30%of increase on the
square footage meaning the intensity of the project. In other words, the effect of the TDRs
purchase is a greater increment of the project size in terms of the square footage with a lesser
effect of the residential units' increment. Staff and Consultants have reviewed the Site Plan
Application and based on the review, the Application is consistent with the City's
Comprehensive Plan and Land Development Regulations. Staff has also reviewed the TDR
Application, and as stated in the Staff Report, the City Commission has the absolute
discretion to approve or deny that purchase of TDRs. In addition, the Applicant is not
requesting any variances and if this Site Plan is approved, it is subject to all conditions
stipulated in the Staff Report.
Public Speakers: Ethan B. Wasserman, Esq.; Tim Lobanov; Robert Morales; Barbara
Pederzoli, Architect; Raanan Katz; Gloria Taft; Tucker Gibbs, Esq.; Andrey Fedotovskiy;
Ludusibr Begedtos; Dennis Klein; Eliza Leah Shaffer; Lyon Roth; Adam Taxin; Mendel
Bergovoy; Kevin Thomas; Joshua Abehsera; Sam Jaffe; Toby Baron; Rabbi Yisrael Baron;
Vinogradov Vladinirr; Eliza Brandt; Richard Garcia
Ethan B. Wasserman, Esq. representing 17550 Collins Avenue, introduced his team here
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Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida
tonight, Dimitriy Romantsoff and Tim Lobanov from the Applicant ownership, Barbara
Pederzoli and Carolina Kaufmann from Revuelta Architecture, Tyler Nielson, Landscape
Architect, and Richard Garcia, Traffic Consultant. He said this is a fantastic project that will
contribute in a positive way towards the Collins Avenue Corridor and Sunny Isles Beach in
general. This is an as-of-right project that fully complies with the Land Development
Regulations and Comprehensive Plan. This project is 190 feet in height, contains 77
residential units, 162 parking spaces,a 6,000 square foot restaurant on the ground floor which
is really a 4,500 square foot space with 1,500 square feet back of house, this will activate the
pedestrian corridor along Collins Avenue. They are also pleased to say they are offering a
Mikvah in their facility. They are utilizing three (3) bonuses as allowed by the City Code as
well as TDRs. To provide some context to the project and its location, two (2)properties to
the north is the Marriott Hotel recently approved by this Board. That project is 190 feet in
height, over 100 hotel units, and it was approved with TDRs. South of that is the RK
Shopping Plaza with surface parking. To our east is Collins Avenue and all the high-rise
condo towers along the beach. Two (2) properties south of us is the Winston Towers 600
building, 23-story condominium tower well over 100 units, and also Walgreens to our south.
To our west is the King David Condominium which is a 180-foot tall tower with about 90
units, the Chabad is on the first floor and that was approved with TDRs as well. Since this
project is designed in accordance with the LDR regulations, it does not require any variances.
The City's professional staff has reviewed their plans and Application,and determined that it
does comply with the LDRs and the City's Comprehensive Plan. The Staff Report is
substantial competent evidence for you to rely on to approve their Application.
Mr. Wasserman said they submitted a Traffic Study that confirms the level of service will not
be affected and their project will not negatively impact traffic in the area. Their Traffic Study
through the City's Code and process, goes through a rigorous peer review where City
Consultants review our Consultant's Report and determined our Consultant's reports are
correct, our project will not affect traffic in the area. Before turning this over to the Architect
he wants to make a few statements on the record. First he has the privilege of representing a
really great client. He tells all his clients to go out and meet with your neighbors, the local
stake holders,local resident associations,the elected officials,board members if allowed,and
they really took that to heart. They went out and met with anybody and everybody that would
meet with them, for example, there was a resident at King David Condo that had a concern
over a design they had for the northwest corner of their project. As soon as they found out
about that concern they went back to the drawing board, internalized the stairwell which was
his concern, and satisfied that neighbor's concern. You will hear tonight from Rabbi Baron,
the chief Rabbi of the Chabad abutting their property in support of their project. You will also
hear from the King David Condo Association with whom we have a great relationship and we
have been working with them over the past several weeks. You will also hear from several
residents in favor of their project.
Mr. Wasserman said there is a concept that this development on the west side of Collins
Avenue will detract from the character of Sunny Isles Beach or Collins Avenue. He would
like to state on the record and clarify that sentiment does not and should not apply to this
project specifically. First and foremost this project is being built in accordance with the Code
in effect at the time their client purchased the property as well as the Code in effect today.
They are not asking for any variances and are developing what is otherwise as-of-right.
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Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida
Second,the existing as-built context of our project puts us square in the middle of other tower
developments. What they are asking for is fair treatment as with other projects that have come
before you, the political climate should not influence this project. Every application is
required by your Code to be reviewed on its merits and they are asking for a fair review of
their application. Turning to the TDRs, we are asking for 38,000 square feet of TDRs which
sounds like a lot,when you have a hotel or an office building asking for 38,000 square feet of
TDRs, resulting in increased impacts to the neighborhood, traffic, etc., it does impact a
neighborhood. Their request for TDRs is merely to add six(6)additional residential units,six
(6)families will be able to live in this project as a result of their request for TDRs. The 38,000
square feet allows them to provide larger units, their goal is to provide a family-oriented
development. The 38,000 square feet will be spread out over those units. Without TDRs,we
are about 130,000 square feet and 71 units,with TDRs 168,000 square feet and 77 residential
units, there is no impact to the community from approving our TDRs. The vision for this
project is somewhat different from the other high-rise developments you have seen.
Tim Lobanov said he is a member of the Verzasca Group in Bay Harbor Islands,the developer
who is presenting this project. The Verzasca Group is a global real estate development
company and delivered over 5,000 apartments. Their development is not limited to residential
but includes two recent Kindergartens and two full sized schools for over 1,300 students, as
well as apartment buildings, shopping malls, and hotels. Their current local project includes
two buildings in Bay Harbor Islands which are now 50% sold, and a 57-story tower in
Edgewater. They are proud to be here tonight with this exciting project that they feel is a
tasteful addition to the local neighborhood. Their vision for this project is to create a family
oriented facility geared towards full-time residents. Their building is designed with large units
catering to a family lifestyle. Their goal is to fill a need whereby current and perspective
residents of Sunny Isles Beach can find beautiful apartments that are not geared toward the
world's luxury elite. Their request for TDRs will allow the average unit size of 1,750 square
feet, and without TDRs the average unit size will be 1,450 square feet. The TDRs they are
requesting will give families more livable space, and it will only add insignificant density.
From the project's conception they have reached out to the Mayor,Commissioners,neighbors,
and local stake holders. He is pleased to say that they have worked with the King David
Condominium Association and Chabad right next door and look forward to a positive
relationship going forward. They also reached out to several local condo associations,
business owners, and individual unit owners in the King David. He wants the Commission to
know that they have proactively and diligently reached out to anyone and everyone in the
hopes of creating a dialogue with their neighbors. They want to be good neighbors and they
are committed to build a great project and ensure the successful development of this property.
Robert Morales, Sales Manager of this project, said they are catering to many Sunny Isles
Beach residents that have been pushed out of this City for the lack of properties that are within
a more affordable, a more attainable price. They want to attract new families, they want
families to grow and raise their children here,to go to school here,to make Sunny Isles Beach
grow. We don't want our building to be used as any platform for any ambassador or a flipper
to come in,we want families, and that is why we need those TDRs so we can get more livable
space for the units. The majority of our units are priced under$1 Million which if we look at
today's market and everything that has been built in the City which surpasses that mark. They
are asking for the City to treat them with fairness.
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Barbara Pederzoli, Architect from Revuelta Architecture International, presented a
PowerPoint, renderings, and 3D models of the project. The project is located in the B1
District on the corner of 175 Terrace and Collins Avenue in the current location of Denny's
Restaurant. They have proposed a 39-foot high podium, and they tried to keep the podium as
low as possible to stay within the context of our neighbors to the west. There is a very large
setback on the front of the property of about 50 feet,and up to 190 feet in height. This setback
forces the building to be located to the west side and it comes to the property line of the King
David. They angled the building a little to create some pockets of air and space between their
building and the King David. The project proposes a commercial component on the ground
level, a restaurant, and they have separated the entrances and exits to the side for the
commercial component and the residential component, trying to keep the residential
component to the northeast 175 Terrace secluded from the commercial uses and the traffic that
will be generated from the restaurant. Entrances to the restaurant will be on Collins Avenue,
entrance and exit to the residential component will be on 175 Terrace. They also created a
large plaza on the ground level which is going to activate the pedestrian experience along
Collins Avenue with activity and users. The plaza is about 30 feet and a portion of it will be
covered. The ground floor includes access for valet parking, and a ramp for second and third
level parking. The garage has 168 parking spaces, they proposed mechanical lift parking on
the ground level. They are targeting mostly family oriented and most of the units are two-
bedroom units but there are also a few three-bedroom and one-bedroom units. The building is
17 stories, 190 feet for the tower component, and 39 feet for the podium. The inspiration for
the design was to bring some of the waves of the ocean to this side of Collins Avenue. The
parking garage is screened with metal mesh,and they are proposing an aluminum constructed
element and are trying to incorporate the same language into the garage as in the building. She
showed an element for art work and lighting effects for the mesh behind the artwork which
will create shading because of the separation between the two schemes. At the rear of the
building they have a vision of a green wall with vines that will grow the three stories of the
parking garage toward the neighbors to the north and to the west. Mr. Wasserman handed out
a picture of the two models with and without TDRs.
Vice Mayor Gatto asked where or how are you planning to stage the project, she knows it is
kind of a tight space. Ms. Pederzoli said the tower foundation is going to be the deeper
portion of construction at the beginning, and so they will have all the space where the podium
will be built to study the condition excavation and after they complete that structure then they
will move the construction in the other area. Vice Mayor Gatto said then that you are saying it
will be contained, you are not going to be asking for space outside of the footprint. Ms.
Pederzoli said it is going to be contained on the site.
Mayor Scholl asked about retail valet, and so folks that come for the retail component will
self-park. Ms. Pederzoli said it is for the restaurant. Mayor Scholl asked where the delivery
trucks will pull in, and Ms. Pederzoli said from Collins Avenue. Mayor Scholl said then that
they will pull in the same spot as the retail customers? Ms. Pederzoli said yes,there will be a
dock master there in charge of the deliveries and pickups for the loading area.
Mayor Scholl opened the public hearing. After hearing several speakers,Mayor Scholl closed
the public hearing.
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Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida
Ethan Wasserman aid in rebuttal,ebuttal, a lot of the comments evolved around traffic and so he
asked his Traffic Engineer Richard Garcia to speak about that. Also,in terms of their neighbor
to the north and south parking,they cannot control their neighbors parking but they would be
happy to proffer putting up signs that say no parking on the neighbor's property. They will do
what they can but cannot control their neighbors' property. The City's Comp Plan and Zoning
actually encourages mixed use and that is where their restaurant on the ground floor comes
from,the residential project with the restaurant on the ground floor. It activates the pedestrian
experience, it is a positive addition for their project. Guiding principles of the City were
mentioned,that is your Comp Plan,your Comp Plan is updated and that is what provides your
guiding principles, and we are building in accordance with your Comp Plan.
Richard Garcia, Traffic Engineer, said they did a Traffic Impact Study for this project. That
Traffic Study was peer reviewed by your Traffic Consultant. He summarized some of the
findings: they analyzed levels of service for the nearby affected intersections at 174th, 175th
Terrace, 178th,and they also looked at the driveways to determine their levels of service. They
also looked at the queueing for the mechanical lifts,and he understands that the City hasn't yet
used mechanical lifts. They have been involved with mechanical lifts in Miami Beach for
several projects dating back five(5)years. All the existing levels of service remained and that
is where the comment came from, that there would be no impact with the traffic. There was
one intersection at 178th and Collins Avenue where the level of service changed,however the
change is because the existing level of service is really on the threshold. There is a delay there
at that intersection where it changed from 19.9 seconds to 20.5 seconds, and so there is a
6/10's of a second change. Every project that you put in brings additional traffic, brings
impacts, but the point is whether these impacts pass a threshold that caused some offsite
mitigation or require offsite mitigation because we need all the levels of service.
Mr. Garcia said there was also some discussion and comments regarding the parking where the
lifts are and the staging for delivery vehicles, there is a Dock Master as was mentioned,there
is also space for trucks where all the deliveries will be made on-site. We did a queueing
analysis to determine if we have sufficient queueing, and he worked with the Architect in
order to improve the ingress. He is a former FDOT Traffic Operations Engineer,and Collins
Avenue is an FDOT road, he was the District Permit Engineer. FDOT is going to ultimately
have to look at these site plans and various Traffic Studies that he has done,and revisions that
he has made,to determine whether that will work. The last thing they want is any cars backing
up and blocking Collins Avenue. They took a look at that using statistical analysis and found
that the queueing will be exceeded probably less than 5% and so it has a 95% success rate.
There is also an additional three (3) spaces that he convinced the Architect to design into the
driveway ramp off from Collins Avenue so that if there is some failure, some additional
traffic, to queue these vehicles. The intent is for all the traffic to be contained on-site
including truck traffic. Truck traffic is something that is generally managed, it is off peak,we
do peak hour analysis and so it is the worst case scenario.
Mayor Scholl asked him if the truck traffic would be able to drive through or do they have to
back out? Mr. Garcia said there is a spot for them to pull into, they will be able to back out,
not out onto the roadway, but they would be able to make a U-turn on the property.
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Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida
Commissioner Levin asked about the ingress and the egress for the property on both sides,that
would be the best or only way to do it? There were no other solutions for the parking and the
way it was done? Mr. Garcia said they have a lot of constraints, and when he first looked at
one of the plans he knew immediately that even if it passed muster here it wouldn't in FDOT.
With his experience he immediately brought it up to the client's attention and they worked on
revising it two or three times before they presented it to the City.Not only does it get approved
here but ultimately it gets approved by FDOT as well.
Commissioner Levin said she is feeling what everybody is saying tonight. We have a problem
in Sunny Isles Beach with the traffic and the congestion, and the construction. Everybody
understands that the people including developers,come in and they buy property and they have
an expectation to be able to build what the Code allows them to build. So to the extent that it
causes additional congestion on the road, she thinks it is what it is, and there is really nothing
we can do about it because they are allowed to build the building. We also can't tell them
what to do on the property except to a certain extent. Certain types of businesses are
prohibited by our Code but we can't tell them that they can't have a restaurant there. If it is
not a destination restaurant then chances are that we won't get a lot of traffic from outside the
City so hopefully people who live here will walk. We are doing this Transportation Study,
maybe there will be better ways to get there, maybe bicycles, however that is going to come
out at the end. That having been said, if you look at the TDRs, you can look at it from two
different perspectives, you can say if we sell them the TDRs they get six (6) additional units,
and it doesn't seem like a lot generally. If we don't give them the TDRs it's really not
changing the envelope of the building,they are showing us what the building is going to look
like, and the math is still going to be the same. So you can take the perspective that, what is
the six units, but maybe the answer is to start chipping away, little by little. Even though it is
only six units, if it is six units here and maybe five units there, in the long run it could make a
difference.
Vice Mayor Gatto said this is her District, she represents it and lives in Winston Towers 300,
and she knows it is an as-of-right project. We have to be incredibly diligent about the
decisions that we make on the west side because we have to live with them, to use a phrase
from a movie,"What we do today echoes an eternity." We have to live with the decisions that
we make for 30, 40, 50 years. To paint a little bigger picture of what is going on in Sunny
Isles Beach because she likes to look at everything. We have four(4)projects as well as other
things that are going on and she thinks it is important to list them germane to the situation. 1)
We are building an Annex to the School next to City Hall which certainly is going to add some
issues there. School hours are a game changer in a City especially with a City as small as ours
but we all make that sacrifice because it is for the kids. 2.) We are going to be experiencing a
new Publix being built 2'/z times the size that is there right now, that is actually across the
. street from the school. 3.)Right now she is painting a picture of North Bay Road and some of
the issues that we are going to have. She is doing that because North Bay Road has become a
back street for Collins Avenue for people that are not even our traffic. 4.) There is an
Emergency Bridge that is going to start construction in July that is between two Winston
Towers Buildings that is going to feed into North Bay Road. When that is used for emergency
vehicles the world stops. It is going to bookend the other strip mall where this project is,and
she didn't support that. She felt that the same issues were to have people that are in a hotel
begin using all the back streets to navigate their way around our City to get onto Collins
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Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida
Avenue. Her biggest issue is the traffic, however this is a beautifully designed building.
Vice Mayor Gatto said she doesn't understand why there is a restaurant in a condo that is
adding to the density of this whole thing. Her issue is the traffic, and she does her own traffic
study when she walks out her front door, she walks to City Hall from Winston Towers a
couple of times a week. The other day she walked down Collins Avenue at about 1:30 p.m.,
the traffic was backed up north as she was standing in front of Denny's. What was happening
is that there is a stop sign on 174th Terrace right across with Walgreen's,two cars were at that
stop sign trying to get onto Collins Avenue and no one would let them in. A half a block away
which is the corner of 174th and Collins Avenue there is a bus stop and nobody was moving.
We will characterize 174th and Collins Avenue as the busiest intersection in the City, it leads
into Samson Oceanfront Park and you have tons of pedestrians crossing the street on the north
side and the south side, and so it is something that we are dealing with. She can't imagine
people coming in and out of Walgreen's, coming in and out of this restaurant, and residents
coming in and out of that area. Without the presence of the building it seemed to her
completely chaotic, and she can't figure out how all of this is going to go down, how it is
going to be executed. Having both a restaurant and a condo there is a little bit on the dense
side, and she is really worried about this, she lives it every day. The only thing that she can
say is if they can rethink this project because in her heart she knows that the individuals that
buy these units in this building have absolutely no idea of what their quality of life will be
trying to get in and out of that building. It is where we have our cars, it is where we shop, it is
where we take our kids to school, it is where we do pretty much everything we do every day.
We have no wiggle room for error, and we really need to figure out this situation especially
traffic-wise.
Commissioner Aelion said so much has been said about traffic issues in Sunny Isles Beach.
Tonight we heard residents presenting for and against the project, it is almost an equal amount
of residents here. He is torn emotionally because he is of the Jewish faith and it is extremely
important to have a Mikvah in the City. With that said, we have a serious issue as stated here
by Vice Mayor Gatto and Commissioner Levin. With all due respect to the Traffic Engineer
mitigating the studies for traffic impact, etc., we are talking about the quality of life here for
our residents, and talking about young families moving in wanting to buy affordable housing
compared to the east side of Collins Avenue. He wants to point out that we have presently
ongoing and upcoming on the west side of Collins Avenue, a huge complex of affordable
single pricing project,we have the Parque Towers,and two towers coming up on the west side
which is similarly affordable. Regarding the issue of parking and mechanical parking,he had
the pleasure of attending a get together at the Regalia which was recently completed and they
have mechanical parking. We have a nice evening,we go out and wait at an average of about
20 minutes for our vehicle. Mechanical parking is practical for spacing of vehicles within a
site plan of a condominium but the time frame to bring a vehicle which is stacked three high.
When you need the third vehicle, they have to take out the first and the second to allow the
third vehicle to come down, and then replace the first and second vehicle. It is a minimum of
20 minutes,this is an impact on your lifestyle. Everybody wants to live in Sunny Isles Beach
because we have made it a point to become known as the most attractive South Florida
destination for tourism and we are proud to have one to two million tourists every year here.
With that said,the quality of life for our residents is extremely important. Winston Towers is
very close to this project and Winston Towers is 5,000 residents strong. Their main place to
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Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida
go to the pharmacy is Walgreen's because it is the closest pharmacy and are open 24 hours.
The egress and ingress of this building is going to be at the same entrance as Walgreen's.
Commissioner Aelion said what bothers him the most is, we have embarked now on a
comprehensive study for traffic and everybody seems to have an opinion but an independent
study not a subjective study or objective in this case, will definitely guide us into the future
evaluation of how we proceed,allowing and not allowing buildings to be erected,and it is still
a work in process. It will take at least six (6) months until the comprehensive study is
completed,and then we will be equipped with an objective analysis of what the real impact of
present and projected use of our regular traffic is. Manhattan has multiple arteries of
congested City but you have alternatives, bike paths, streets, avenues, etc., and Sunny Isles
Beach has one and one only pathway to our City and that is Collins Avenue which is a FDOT
State road and we have to trend very carefully here.
Mr. Wasserman clarified that the building has a two-car lift, not a three-car lift, which is a
drastic difference in load time.
Commissioner Goldman commended the speaker Lyon Roth on his words of wisdom and
insight on this subject. With that being said, she has some of the concerns of her colleagues
about the traffic impact, and setting the tone for the redevelopment of the west side. The
overall presentation here about this position that it is really a family friendly building and she
is not sure if that is entirely the case but she is definitely concerned about what impact that this
project will have in the future.
Mayor Scholl described TDRs and what they really are. Let's picture a checker board, and
putting a checker on every square. Picture taking the checkers from one side of the board and
stacking them on the other side of the board. Then you take the next row and stack that row,
and every time you pick up a checker,you don't get to put it back, it ends up on top of another
checker. That is basically what TDRs do, it takes area from one area and puts on another area.
We created a checker board when we made this City and we made a plan and said okay,up to
30%you can move the checkers from this area over there. At the last Commission meeting we
bought a piece of land on the south end of the City for TDRs and we stuck it on top of the
Armani building and so basically the development that might have ended in front of the Arlen
House ended up on the top of the Armani building but nothing will ever be developed in front
of the Armani building. Now, it is up to the discretion of the Commission where we want to
allow that kind of intensity.
Mayor Scholl said this project is very interesting for a lot of reasons, first of all he feels really
badly for the developers because they did as good a job as anybody can do in terms of reaching
out to the community and trying to satisfy everybody's requirements. Unfortunately they
walked into a bit of a hornet's nest at a tipping point in the City, and the tipping point is west
side development. This is one of the first residential projects that has been developed on the
west side in this kind of late development. The developers, again a beautiful building, they
worked their backsides off, they came in with the best of intentions, but they walked into a
very difficult situation because this is the first project and this is a preview of coming
attractions. That tipping point is of interest to him for a couple of reasons,he has never had an
issue with east side density, with oceanfront density. Why, because not a lot of people live
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Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida
there, most of those buildings are largely unoccupied. You have heard him say that before,
when you look at the first tower, you think it will create a lot of traffic. Truthfully there are a
lot of people that will not be there very often and so with these buildings,we get an incredible
benefit in a City like ours because that building will probably generate $500 Million in tax
base and it will be occupied maybe 10% of the time, and have very little burden on our
infrastructure. He for one looks at the character of the east side and say give them the TDRs,
let's stack the density on the east side because we know it won't be that intense in the long
run. That is not evident to the public all the time but the fact is when you live this stuff day in
and day out and you talk to the developers and you understand what happens, and that is the
Commission's job quite frankly to figure out, it is evident to us. The tipping point on the west
side is, and he agrees with what everybody said, the west side is where people live, the west
side is where those buildings are full.
Mayor Scholl said the fact is that developers do have rights. We can't sit here and take the
building rights away from them. More often than not he believes that whether we like the
Comprehensive Plan that we have or we don't, it is the one we inherited,and it is very difficult
to downzone. Hollywood tried to downzone a few years ago and they are still getting sued.
Actually some developers from Sunny Isles Beach that own property in Hollywood are suing
them. It is very difficult for us to sit here and say we feel like taking the developers rights
away but the truth is we don't have to give them what is optional. It is unfortunate for this
developer because historically TDRs got passed almost with carte blanche but the fact is that
most of them are on the east side. He never had an issue with that but going forward we are at
a tipping point, and the tipping point is on the west side where we know the buildings are
going to be largely occupied. It is in our best interest and the community's best interest to
lower the density as much as we can without taking away the developer's property rights. It is
interesting, he came into this meeting even before this issue came up, he didn't have a clear
position,he wanted to hear what people had to say and he wanted to understand the feeling of
the public. He feels badly because when we do something fairly consistent for a long time,the
developer relies on that but the fact of the matter is developers also take risks when they buy
land before they get their entitlements and so he advises this developer to not buy the land
until you get your entitlements because you may not be sure what you are getting. The tide is
changing in the City and you are one of the first west side developments and it is going to be
very controversial. To the developer's credit, they have done everything they can to satisfy
their neighbors and bent over backwards. Who would think that they are going to build a
building 15 feet off from the King David and they get the King David to support the building,
and so that is an extraordinary event in itself and he applauds them for that. His position
tonight, and he is not really against this project per se, is that west side development going
forward is going to get the intensity that we owe them, not the intensity that we gift them.
TDRs are not a right, they are a privilege and it is up to the Commission to look at the
disposition of the neighborhood and decide if they want more of these checkers in that
particular spot, that is how it works. On the east side, the characters of those buyers and the
intensity on the community of those buyers is completely different then on the west side. He is
fortunate to live in a house where there are 400 houses and 22,000 condos in the City and he
lives in a neighborhood where it is not dense. It is incumbent upon the Commission to look at
this and say okay, realistically moving forward what message do we want to send the
development community about our expectations of how we see the west side to be developed.
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Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida
Mr. Wasserman said it sounds like traffic is one of the biggest concerns in the impact on the
local neighborhood. What we have come in tonight to propose is a 77-unit residential tower,
we are a one acre site,we are a pretty large property but the residential use being proposed has
to be one of the less intensity use. If we were coming in with an office building with a hotel
the impacts would be tremendous. If we were to sell to a hotel developer who wanted to build
as-of-right and did not come before you to ask for TDRs the impact would be worse. This has
to be, in their opinion and it is something they thought long and hard about, a sense of
development for this site in particular. In terms of a traffic impact,this is a good development
for this site, it is sensitive and respectful of the neighborhood. We have also heard about
density and intensity and the impact it would have. If the concern is density, he thinks his
client would agree,we are asking for six units,the intensity is really to allow larger units, it is
the same amount of impact, it is the same amount of families. 71 units are allowed as-of-right,
they would be willing to go down to 71 units but just to have the larger units,the larger space,
and then to his knowledge there would be no impact to the neighborhood. That is what is
allowed as-of-right is the 71 units, and so they would be happy to make that concession if that
is something that this Commission would agree to.
City Attorney Ottinot said he heard from the Commission with respect to concerns about
traffic and application, and TDRs, he thinks the best thing to do is to defer this and see if they
can address the concerns of the Commission. Mayor Scholl said that is up to the Applicant.
He explained that if we turn them down they can't come back for one year, and basically they
are hearing the sentiment of the Commission. If they defer they can come back and try to
address the concerns that they heard which may be lowering the density and the intensity and
then they wouldn't get put out for a year. Mr. Wasserman said they would appreciate the
opportunity to come back and re-present it.
Commissioner Levin moved and Commissioner Aelion seconded a motion to defer this item
to July 16, 2015. The motion was approved by a voice vote of 5-0 in favor.
[City Clerk's Note: The Commission heard related Item 10E after Item 6A.]
7. ORDINANCES FOR FIRST READING
[City Clerk's Note: Item 7A was heard after Item 10E, and the remainder of the agenda was
heard in order.]
7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, to Amend
Section 265-46(17) of the City Code to Clarify the Size Requirement for Mechanical
Parking Stalls; Providing for Severability; Providing for Inclusion in the Code; Providing
for Repeal of Conflicting Provisions; and Providing for an Effective Date.
Action: City Clerk Hines read the title, and Planning and Zoning Administrator Claudia
Hasbun reported this Ordinance clarifies the size for Mechanical Parking Stalls as nine (9)
feet in width and eighteen(18)feet in length which is identical to the regular surface parking
size requirement.
Public Speakers: None
Commissioner Levin moved and Vice Mayor Gatto seconded a motion to approve the
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Summary Minutes:Regular City Commission Meeting May 2I.2015 City of Sunny Isles Beach,Florida
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,June 18,2015,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 172 ("Human Relations") of the Code of Ordinances to Prohibit Discrimination
Against Persons Based on Gender Identity or Gender Expression; Providing for
Severability; Providing for Inclusion in the Code; Providing for Repeal of Conflicting
Provisions; and Providing for an Effective Date.
Action:City Clerk Hines read the title,and City Attorney Ottinot reported that the purpose of
this Ordinance is to strengthen the City's anti-discrimination protections to prohibit
discrimination against persons based on gender identity or gender expression. He noted that
this Ordinance was sponsored by Commissioner Jennifer Levin.
Public Speakers: None
Commissioner Levin said last month we had a resolution concerning the shuttle bus that we
would not discriminate against certain classes of people in hiring. She rose the issue at that
time that the classes of persons listed in the policy did not include sexual orientation or
gender identity. Staff went back and looked at it and talked to Miami-Dade County. Those
two classes of people are now protected in the policy with regard to our shuttle buses. She
understands that we already had an ordinance protecting hiring processes on the basis of
sexual orientation, and so she had asked for this ordinance so that we now protect hiring
discrimination against people on the basis of gender identity or gender expression.
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
proposed Ordinance on first reading. The motion was approved by a roll call vote of 5-
0 in favor. Second reading, public hearing will be held on Thursday,June 18,2015,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 62 of the Code of Ordinances to Clarify that Purchases Less than$50,000.00 May
be Made, or Entered into, by the City Manager Without Submittal to the City
Commission,But Shall Otherwise Require Compliance with the Competitive Bidding
Requirements Set Forth in Chapter 62; Providing for Severability;Providing for Inclusion
in the Code;Providing for Repeal of Conflicting Provisions;Providing for an Effective Date.
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Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida
Action: City Clerk Hines read the title, and City Manager Russo reported that we have not
changed this since the City was incorporated. We did a survey in other communities, and
this was actually the result of various discussions particularly with Commissioner Aelion and
he had made the suggestion. Commissioner Levin asked who makes sure that the money is
handled and appropriated properly? City Manager Russo said the Finance Department
handles that. Commissioner Aelion said this still goes through the regular process.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
proposed Ordinance on first reading. The motion was approved by a roll call vote of 5
0 in favor. Second reading,public hearing will be held on Thursday,June 18,2015,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)
9A. 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; and Providing for an Effective Date.
(First Reading 04/16/15)
Action: City Clerk Hines read the title, and Finance Director Audra Curts-Whann reported
this is to appropriate funds for the acquisition of the Alamo Property, as well as to put
funding in place for the update of the Comprehensive Transportation Master Plan.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
Ordinance on second reading. Ordinance No.2015-453 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:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida
9B. 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.
(First Reading 04/16/15)
Action: City Clerk Hines read the title, and City Attorney Ottinot said this is the Ordinance
requested by Mayor Scholl. It basically allows four(4)special events per year in the condos.
Public Speakers: None
Vice Mayor Gatto said at an association meeting we had a little confusion and we need some
clarification to whether that included things like birthday parties and bar mitzvahs? They
would not generate the same kind of traffic issues with people outside vs. concerts. Mayor
Scholl said if somebody lives in a building and they are having a party, it is not covered by
this Ordinance. This is where a building has an auditorium for instance and they want to
allow somebody to come in and put on a show and outsiders would come. There was a line
taken on this issue in the past of no outside events in the building. His take was if the Condo
Association and the residents wants it then it is okay. He doesn't think it pertains to an
owner having a birthday party.
Commissioner Levin asked if there was a distinction to whether or not people are simply
invited and whether or not a fee is paid? Mayor Scholl said that is up to the Association, if
they want to have a free concert then they can. But again, under our Code there is a
requirement for them to get a permit if they have so many people and then ultimately it is
going to be up to the Association. Commissioner Levin said but if they are going to charge a
fee does that then cross the threshold into a commercial enterprise? Mayor Scholl said sure it
does but again they get an event permit, there are restaurants in a residential building,there
are commercial enterprises and offices in residential buildings.
Commissioner Aelion said for a special events application when they go in for permitting,
staff makes sure that all of the requirements are secure and in place. The Police Department
and Code Enforcement would have an easier time once these are evaluated and move
forward.
Vice Mayor Gatto moved and Commissioner Aelion seconded a motion to approve the
Ordinance on second reading. Ordinance No.2015-454 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:Regular City Commission Meeting May 21.2015 City of Sunny Isles Beach,Florida
9C. Withdrawn: Defer-fed+
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.
(First Reading 04/16/15)
Action: [City Clerk's Note: See action under Item 4A] Mayor Scholl clarified that this
Ordinance was withdrawn, not deferred. Commissioner Aelion confirmed that.
10. RESOLUTIONS
10A. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a
Rooftop License Agreement by and Between the City of North Miami Beach and the
City of Sunny Isles Beach to Use Certain Roof-Top Space at the Heritage Park Parking
Garage and the Government Center to Install and Maintain Fixed Network Collector
Antennas and Equipment,in Substantially the Same Form Attached Hereto as Exhibit"A";
Authorizing the City Manager to Execute Said Agreement and 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 this
would allow for a wireless antenna to be installed on two of our properties that will transmit
data to the City of North Miami Beach regarding water meters.
Public Speakers: None
Commissioner Levin said for the record, we are not charging them a license fee to use this
space because it is in exchange for other services that they provide to us, is this correct? City
Manager Russo said yes, we have worked out an agreement with them and the water
company since it is a public water company. They are helping us when it comes to, and we
are doing this on a regular basis, checking with the Property Appraiser's Office that
Homestead Exemptions are accurate and legal. We are comparing the roster that the water
company has which if it is a rental will have a different address than the Property Appraiser's
records. They are fully cooperating with us and we have already had three(3)situations that
were resolved,and we felt there was a good chance to work cooperatively with them,and we
have been trying to do that for a couple of years now. Commissioner Aelion said being that
FPL has undertaken the same approach of the monitoring of the meters, is it something that
FPL has already approached you on? City Manager Russo said no, he thinks the reason is
that they are a private company, they don't have an obligation to provide us with it. Mayor
Scholl noted that he has automatic reading and it goes through the electrical system.
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2412 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida
10B. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
the Third Amendment to the Agreement with Keefe, McCullough & Co. LLP for
Professional Auditing Services,for a Period of One(1) Year, in an Amount Not to Exceed
$46,000.00, 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 Finance Director Audra Curts-Whann reported
that they are requesting a one year extension to the contract with our current auditing firm.
We have been with them for five(5)years and we intend to go out for RFP, however we are
on our first year of a new Finance System, and we would like to continue with our auditors
for an additional year. We are also implementing the Budget Module this year, and we are
preparing the RFP, it is being vetted right now and will be disseminated in the fall.
Public Speakers: None
Mayor Scholl said the practice is, because your auditor gets familiar with you, you want to
change auditors every five (5) years. City Manager Russo said the Agreement was for five
(5) years and so this will make it to six (6) years.
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2413 was adopted by a voice vote of 5-0 in favor.
10C. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a
First Amendment to the Lease Agreement Between the City of Sunny Isles Beach and
Fly Me to the Moon,LLC,in Substantially the Same Form Attached Hereto as Exhibit"A";
Authorizing the Mayor to Execute Said First Amendment;Authorizing the City Attorney and
the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution;
Providing for an Effective Date.
Action: City Clerk Hines read the title,and City Manager Russo reported that we are giving
the Passion Group an extra sixty (60) days on their plans. That is a factor of going into the
Agreement, they were planning to have a restaurant and a banquet facility, now they are
having a restaurant and a marketplace. The complications on doing the plans with the
marketplace would potentially tend to a dozen different vendors they are laying out. It is very,
complicated and they need a little more time. He has a feeling that their build-out is going to
correspond very closely with the total completion of the Park anyway.
Commissioner Aelion said when you say market place can you be more specific, and City
Manager Russo said it is similar to Eagle Lee concept which is in some of the major cities
around the world,or the Todd English Marketplace that is in the basement of the Plaza Hotel
in New York. It is where you can buy the products or you can have it cooked and eat it there
in a restaurant high-end food court type of thing. Commissioner Aelion said like Italia in
Chicago. City Manager Russo said he has pictures if you want to see them.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2015-2414 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida
10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
Amendments to the City's Personnel Policy Manual, in Substantially the Same Form as
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 said they are in the
process of reviewing all of our Personnel Policies and Rules and Regulations and we are
working in conjunction with the City Attorney's Office. Any of those that need to be
updated or changed we are going to bring to the Commission as a group.
Public Speakers: None
Commissioner Aelion said at the workshop that he had for clarification purposes he satisfied
himself that inclusive in this policy there is no change regarding raises or anything to any of
the staff without it going through our Mayor at least if not through the whole Commission;
Deputy City Manager Morris said yes, absolutely.
Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2015-2415 was adopted by a voice vote of 5-0 in favor.
[City Clerk's Note: Item JOE was heard after related Item 6A.]
10E. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
the Transfer of Development Rights ("TDRs") in the Amount of 38,104 Square Feet of
Floor Area (FAR) and Six (6) Dwelling Units to 17550 Collins Avenue, LLC for the
Property Located at 17550 Collins Avenue from the City's TDR Bank Account;
Directing the Zoning Administrator or Designee to Transfer the TDRs From the City's Bank
Account in Accordance with Zoning Resolution No. ; Authorizing for the
Adjustment and Modification of the City's TDR Bank; Providing the City Manager and City
Attorney with the Authority To Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: [City Clerk's Note: See additional action under related Item 6A.] Commissioner
Aelion moved and Commissioner Levin seconded a motion to defer this Resolution to July'
16, 2015. The motion was approved by a voice vote of 5-0 in favor.
[City Clerk's Note: The Commission took a five-minute recess, and then heard Item 7A.]
10F. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving
Public School Concurrency Proportionate Share Mitigation Development Agreement
Between the School Board of Miami-Dade County and Beach Club Acquisition,LLC.'
also Known as Turnberry Ocean Club Project Located at 18501 Collins Avenue,
Substantially the Same Form Attached Hereto as Exhibit "A"; Authorizing the Mayor to
Execute Said Agreement; Authorizing the City Attorney and the City Manager to Do All
Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: [City Clerk's Note: This item was heard with a similar Item JOG.] City Clerk
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Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida
Hines read the title, and Planning and Zoning Administrator Claudia Hasbun reported that
these two Agreements are for these two developers to gain their impact with the School
System.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2015-2416 was adopted by a voice vote of 5-0 in favor.
10G. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a
Public School Concurrency Proportionate Share Mitigation Development Agreement
Between the School Board of Miami-Dade County and Sunny Isles Property Venture
LLC also Known as Ritz Carlton Project Located at 15701 and 15795 Collins Avenue,
in Substantially the Same Form Attached Hereto as Exhibit"A"; Authorizing the Mayor to
Execute Said Agreement; Authorizing the City Attorney and the City Manager to Do All
Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: [City Clerk's Note: This item was heard with a similar Item 1OE..] City Clerk
Hines read the title, and Planning and Zoning Administrator Claudia Hasbun reported.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2015-2417 was adopted by a voice vote of 5-0 in favor.
10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
the Uniform Sign Plan Prepared by Advanced Multi Sign Corp. for the One Netanya
Project Located at 323 Sunny Isles Boulevard, Attached Hereto as Exhibit "A"
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 Hines read the title, and Planning and Zoning Administrator Claudia
Hasbun reported that this was a requirement for the One Netanya Center to create a uniform
site plan for the entire building. Owner Ari Steiger is in agreement with the proposal.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2418 was adopted by a voice vote of 5-0 in favor.
10I. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing
the City Manager to Expend Up to an Amount Not to Exceed $40,000.00 with Elite Tent
Company for Rental of Tents and Supplies for the City's Programs and Special Events;
Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: City Clerk Hines read the title,and Cultural and Community Development Director
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Summary Minutes:Regular City Commission Meeting May 2I,2015 City of Sunny Isles Beach,Florida
Susan Simpson reported that we had went out to RFP for this service. Elite Tent Company
provides a great service and we use them for all of our events. We have been going event by
event where it is about $23,000, and we need to spend up to $40,000 to get through the end
of this fiscal year.
Public Speakers: None
Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2015-2419 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,Approving
an Agreement with Shorty's Bar-B-Q, Inc. for Catering Services for the City's 18th
Annual Anniversary Celebration on Sunday,June 7,2015, in an Amount Not to Exceed
$28,870.00, 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 Cultural and Community Development Director
Susan Simpson reported this is our last option to renew with Shorty's with the RFP that we
went out for before. Shorty's Bar-B-Q provides a great service, they are quick, and have
good food. This is a request for up to 3,000 meals, we may reduce that but we want to have
the ability to go up to that if we need to.
Public Speakers: None
Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2015-2420 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 Development Counsellors International
(DCI) for Public Relations Services, in a Total Amount Not to Exceed $42,800.00
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 Cultural and Community Development Director
Susan Simpson reported that DCI is our PR Company to promote the City as a tourist
destination in partnership with the Sunny Isles Beach Tourism and Marketing Council. It is
our last renewal option, and they have done some great work for us in the past. Their
$40,000 contract plus some reimbursables is an eight-year program. Most of you saw the
report last year and for those of you who didn't, they got us $1.62 Million worth of
advertising equivalency for our $40,000 investment.
Public Speakers: None
Commissioner Levin moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2421 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida
10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying
In-Kind Donation to Norman S. Edelcup Sunny Isles Beach K-8 for Arbor Day
Activities, in an Estimated Amount of$1,000.00; Authorizing the City Manager To Do All
Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title,and Cultural and Community Development Director
Susan Simpson reported.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2422 was adopted by a voice vote of 5-0 in favor.
10M. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding
RFP No. 15-03-01 to and Approving an Agreement with Park One of Florida, LLC to
Provide a Customer Service Ambassador for the Pier Park Parking Lot, in a Total
Amount Not to Exceed $180,000.00 During the Three-Year Term of this Agreement,
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 Cultural and Community Development Director
Susan Simpson reported this is for $60,000 a year for three (3) years, and we do have a
cancelation clause if we decide we no longer need the service. They can provide ten (10)
hours a day, seven (7) days a week, 365 days a year to help manage the parking lot.
Public Speakers: None
Commissioner Aelion asked how much money is this compared to the attendants from the
City employees,what is the differential saving? City Manager Russo said we did that a long
time ago and he doesn't remember the numbers now. We were not sure where we were
going with this. It actually worked out pretty well under the circumstances,and so we never
looked back in terms of hiring somebody as opposed to keeping a private company, and this
is the company that does LaPerla,which helps. Commissioner Aelion said being this is the
same company that does LaPerla how is somebody going to monitor that the same attendant
that brings and takes the cars into LaPerla won't be used for the same purpose. Ms. Simpson
said they have two(2)people assigned to that parking lot and when they change it they let us
know who that is. We do have employees who frequently go by there to clean the bathrooms
who are checking on them. If they are not doing their job, LaPerla is the first to call her.
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2423 was adopted by a voice vote of 5-0 in favor.
11. MOTIONS
None
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Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida
12. DISCUSSION ITEMS
None
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS'
13A. Mark Snyder said he was asked by the Florida Elections Commission to make an informal
request that we switch over to an on-line campaign finance filing system. He was asked to
do this because he was a sworn officer during the 2014 Mayoral campaign. We found there
was a lot of confusion because the forms provided did not coordinate with the Statute which
provides for only on-line filing. The on-line filing is a more detailed system, and it better
represents the objective of guaranteeing transparency in the campaign financing system.
Mayor Scholl said that was duly noted by the City Clerk and the City Manager and they will
look into it. Commissioner Aelion asked if that would include all the amendments? Mark
Snyder said it would be accommodating by making it available. The Statute doesn't really
consider in-hand filing, it only shows you how to file on-line.
14. ADJOURNMENT
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to adjourn the
. meeting, and Mayor Scholl adjourned it at 9:27 p.m.
•1kespeetfii'lly submitted by Approved 6 ( ity Commission on June 18, 2015
./ \ •
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e Vane A. Hones ,MMC
- ,=City Clerk George H. :choll, Mayor
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26
Item Coversheet Page 1 of 1
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!• Sunny Isles Beach,Florida 33160
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MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo,City Manager
FROM: Jane A. Hines, MMC,City Clerk
DATE: 6/18/2015
RE: Summary Minutes for the May 21,2015 City
Commission Meeting
RECOMMENDATION:
Attached for your consideration are the Summary Minutes for the May
21,2015 Regular City Commission Meeting.
REASONS:
N/A
ATTACHMENTS:
Description
Summary Minutes
Item Number:3.A.
http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1670 6/11/2015