HomeMy WebLinkAbout2015-1119 Regular City Commission Meeting •
SUMMARY MINUTES
Regular City Commission Meeting
Thursday, November 19, 2015, 6:30 p.m.
City of Sunny Isles Beach, Florida
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AGENDA
1. CALL TO ORDER/ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Scholl at 6:30 p.m. with the following officials
present:
Mayor George "Bud" Scholl City Manager Christopher J. Russo
Vice Mayor Jeanette Gatto City Attorney Hans Ottinot
Commissioner Isaac Aelion City Clerk Jane A. Hines, MMC
Commissioner Dana Goldman Deputy City Manager Stan Morris
Commissioner Jennifer Levin
2. PLEDGE OF ALLEGIANCE /INVOCATION
Action: Gloria Taft led the Pledge of Allegiance to the flag,and Police Chief Fred Maas gave
the invocation.
Mayor Scholl gave opening remarks of decorum.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting—October 15, 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.
5. SPECIAL PRESENTATIONS
5A. A Certificate of Appreciation to be Presented to Nyakah Walker in Recognition of her
Assistance to the Sunny Isles Beach Police Department During a Recent Incident.
Action: Police Chief Fred Maas said Detective Luke Plesa will be joining him at the podium
to tell a very interesting story of an individual who was charged with burglary, and the
interesting thing about this is the action of a caregiver for an elderly resident in Winston
Towers,and to what length this caregiver went. Unfortunately she could not be here tonight
as she is providing service to her patient. Detective Plesa said Ms. Walker is a caregiver for
Summary Minutes:Reeular City Commission Meeting November 19,2015 City of Sunny Isles Beach,Florida
a 90-year old women,and on the evening of September 14,2015 she heard a noise inside the
apartment as she was caring for her patient. She located the subject walking out of the
master bedroom. She asked him what he was doing there, and he said he came in to let her
know the door was unlocked. She said she was going to call the Police and he tried to run
• past her and a struggle ensued. He was able to get out of the apartment, and though not
advisable but certainly commendable, she gave chase down the hallway and the stairs and
was able to catch him again and fought him. Ultimately some property that belonged to the
patient fell out of his pant leg. Ms. Walker went to retrieve the property and the subject was
able to get away but her involvement didn't stop there. She positively identified him from a
photographic lineup which allowed us to establish probable cause and arrest the subject.
Mayor Scholl read the Certificate of Appreciation into the record,and he said it goes without
saying that we are not condoning what she did but it was extraordinary and we are certainly
to applaud her efforts for doing that. Chief Maas said he will present that award to her and
also a couple of Police commemoratives to her as well, and remind her that we don't
condone it but we certainly appreciate it.
5B. A Certificate of Acknowledgement to be Presented to Demetri G. Spiliotis for his
Perseverance as the Captain of the Boys' Varsity Swim Team at Miami Country Day School.
Action: Commissioner Levin said she became friends with Demetri's mother Suzanne a few
years ago, and she appointed her to the City Advisory Committee(CAC)two years ago. As
friends they talk and Suzanne is always telling her how proud she is of her son and how hard
he works. Within the last year and a half, Demetri lost two of his grandparents (Suzanne's
parents)and he grew up in a single-parent home. He was very close to his grandfather and it
was very difficult for him when he passed away. Notwithstanding that,he persevered on the
Miami Country Day School Swim Team of which he is the Captain. As such, his goal was
always to attend the State Meet, and he recently achieved his goal.
Commissioner Levin read the Certificate of Acknowledgement into the record, and the
Mayor and the Commission presented Demetri with the Certificate.
5C. Add-On:
Acknowledgement of Planning and Zoning Administrator Claudia Hasbun.
Action: Mayor Scholl acknowledged Planning and Zoning Administrator Claudia Hasbun as
she just passed the American Institute of Certified Planners exam which is the equivalent of
the CPA exam or the Bar exam for her profession. Mayor Scholl and the City Commission,
City Manager Russo,and City Attorney Ottinot congratulated her on this great achievement.
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6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. Request of Varadero—La Playa Beach Associates,LLC.for Property Located at 18801
Collins Avenue for the Following: (Hearing #PZ2015-16)
Summary:
The Applicant is seeking approval of a site plan application for a 56-story mixed-use
building consisting of 431 condominium units,90 apartment/hotel units,60 hotel rooms and
1,228,435 square feet of floor area ratio (FAR). The Applicant is also seeking the approval
and assignment of Transfer of Development Rights(TDRs) in the amount of 283,485 square
feet of floor area and 120 dwelling units from the City Transfer of Development Rights Bank
(TDR Bank).Additionally,the Applicant is seeking approval of a shared parking agreement
between the apartment/hotel and hotel uses and an extension of the building permit time
frame to allow for a total of 72 months from the date of site plan approval.
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 mixed-use
building, 649 feet in height with 431 condominium units, 90 apartment/hotel units, 60
hotel rooms and a total FAR of 1,228,435 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 283,485 square feet of floor area and 120 dwelling units.An adjustment to
be made for a decrease of 283,485 square feet of floor area and 120 dwelling units from
the City's TDR Bank.
3. Pursuant to Section 265-46 A. (3) of the City of Sunny Isles Beach Land Development
Regulations,the Applicant is requesting approval of a shared parking agreement between
the apartment/hotel and hotel uses.
4. Pursuant to Section 265-11 N. (2) of the City of Sunny Isles Beach Land Development
Regulations,the Applicant is requesting approval of the extension of the building permit
time frame to allow for an additional 48 months beyond the 24-month time frame for a
total of 72 months.
Protests 3 Waivers 0 Ex Parte 1
Action: [City Clerk's Note: Three Protest Letters were received from: Steven Shaller;
Barry Shevlin, Esq. representing M Resorts a/k/a Marenas and Le Meridien; and Joseph
Story.] 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 Mayor Scholl said he had
met with the Developer to discuss the Application. Planning and Zoning Administrator
Claudia Hasbun reported the Applicant is requesting approval of a site plan application for a
56-story mixed-use building consisting of 431 condominium units,90 apartment/hotel units,
60 hotel rooms and 1,228,435 square feet of floor area ratio (FAR). The Applicant is also
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Summary Minutes:Regular City Commission Meeting November 19,2015 City of Sunny Isles Beach,Florida
seeking approval and-assignment of TDRs in the amount of 283,485 square feet of floor area
and 119 dwelling units. An adjustment is to be made for a decrease of 283,485 square feet of
FAR and 120 dwelling units from the City's TDR Bank. The total TDRs contribution if
approved is $35,435,625.00. The proposal also includes FAR bonuses to approve FAR
density to the project. If approved the FAR bonus is $12,223,872.00. The Applicant is
proposing Design Flexibility which if approved is $1 Million, and the Applicant is
contributing to the Art in Public Places in an amount of$500,000.00 but the Applicant has
the right to come back with an Artwork piece in the near future. Additionally,the Applicant
is seeking approval of a shared parking agreement between the apartment/hotel and hotel
uses, and an extension of the Building Permit time frame to allow for a total of 72 months
from the date of site plan approval which is an additional 48 months. This application does
not include any requests for variances. Staff does not have any objection to the shared
parking agreement. It is important to note that the 90 apartment/hotels units are subject to
the 5% residency rule under the City Code which means only four (4) units of the 90
apartment/hotel units can live here year around. The remainder of the units are transient
units. Staff has reviewed the site plan application and it is consistent with the City's Land
Use Regulations and the Comprehensive Plan.
Public Speakers: Clifford Schulman, Esq.; Eduardo Imery; Chad Friedman, Esq.; Chris
Veddeler; Barry Shevlin, Esq.; Lumi Sava; Tatiana Kennedy; Dan McDermott; Paula
Heckman; Stephen Heckman; Joe Story; Nir Gavra; Haga'l Shechter
Clifford Schulman, Esq. representing Varadero—La Playa Beach Associates, LLC. thanked
the City Commission and staff for their concern for his lower back surgery. Because he cannot
stand up that long, his partner Chad Friedman will make the bulk of the presentation tonight.
This is the first time he has stood before the Commission with a project that combines two of
the most quality developers he has ever had the privilege of representing,the Chateau Group,
and Fortune International Group. He said this is a great piece of property,we have 4.5 acres of
property to work with as opposed to the 100-foot lots which is always challenging.
Eduardo Imery, Executive Vice President and CEO of the Fortune International Group, said
tonight he is here to speak on behalf of Fortune International Group,and Chateau Group who
are the two developers behind the project.This is the seventh time that these two groups have
been in front of the Commission over the past 15 years. Of the past six projects they have
presented,four are completed,one is under construction,and one will commence construction
early next year,which is the Ritz Carlton Residences. They are committed to the City and they
feel as if they have been part of the City's evolution over the past 15 years. They are proud to
be a developer in the City and that is why they keep coming back and continue developing
here. They plan on continuing to support the City and their initiatives, and are invested long
term in this City. They are focused on bringing wonderful architecture to their projects and
always try to come up with trade concepts,whether it is an underground garage,or bringing a
hospitality brand to one of their projects, and that hospitality brand calling the City home. In
this project we have put together a wonderful team. UNStudio Christian Veddeler is a world
renown architect, he has done a wonderful job interpreting this project and coming up with a
thoughtful design. We also have West8 who is our Landscape Architect,also very capable and
does projects all over the world. In this project in particular besides the architecture, we are
excited to let you know our intention is to bring another hospitality brand to the City. This
project has a small hotel,a boutique hotel planned inside the project which will not only serve
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as an amenity for our residents but also for the residents of Sunny Isles Beach,whether it is in
the food and beverage side or other aspects of the hotel.
Chad Friedman, Esq. said they are excited to bring this next vision to Florida's Riviera. He
introduced the team here tonight, Project Designer is Chris Veddeler from UNStudio, the
Architecture Firm of record is Ed O'Donnell from ODP Architects,Daniel Vasini from West8,
Ken Gardner from Rosenberg Gardner who are their Landscape Architects,and Juan Espinosa
of David Plummer and Associates who handles traffic. He entered into the record backup
materials as well as their resumes. He asked Chris Veddeler from UNStudio to explain some
of the beautiful designs and projects they have been doing around the world. Mr. Veddeler
presented a power point on their Design Firm based in Amsterdam, and they have been
operating internationally since 1988, and have 90 projects they have designed.
Mr. Friedman reiterated that they concur with staff analysis of this project, and he thanked
staff for their hard work, and congratulated Claudia Hasbun on her AICP. He showed the 3D
model of the project with and without TDRs. They are requesting bonuses as well as TDRs in
an amount that equates to approximately $48 Million. This is an as-of-right project, and is
approximately 1.2 million square feet developed on site. He asked Chris Veddeler to walk us
through the actual design of the building, how it flows, and how it fits the site.
Mr. Veddeler said what they are trying to achieve is to generate an impact of an outstanding
design to contribute to the City. They have generated the project as such that it tries to make a
one building concept with two towers. They have an addressing of the two sides,the eastern
side is to the beach,and the western side is to Collins Avenue,and he described the renderings
of the project. There are two separate driveways for Tower One and for Tower Two, with a
vantage point in the middle that tries to connect as much as possible from Collins Avenue to
the beach side. They have that possibility to have an extension of 433-foot width of the pool
deck in relationship to the eastern side to address the beach. They have the two towers ranked
to one another on top of the podium, the podium contains the platform for parking, and it
contains a level which is directly connected to the Pool deck. On top of it, 20 feet off from
Collins Avenue, we have the two towers, the amenities program sits on the bottom four(4)
floors,on top of it in Tower One the hotel and the condo/hotel,the residential units. In Tower
Two there are four(4)floors of amenities,and the rest of residential programs. What they are
trying to achieve is to distinct one building with two towers approach, basically, two
respectively three distinct entrances from Collins Avenue. They have a separate entrance and
address for the amenities office, the hotel, and the residences of Tower Two. The addresses
have slightly shifted the volumes in relation to one another. This is also differentiating the
volume in a specific way from Collins Avenue and they have a sign that helps convey this idea
basically to frame the out of area into the beach.
Mr. Veddeler said they have a publicly acceptable vantage point in the middle that is
connecting the westward side with a staircase to the eastern side. In regards to the boiler
rooms which you can see from Collins Avenue where we are trying to reduce the size of the
podium with underlying program of parking as much as possible with a massive wall that is
appearing but they have eliminated the height to 20 feet. They have two separate
entranceways in order to approach the two parts of the building, and having this elevated
vantage point level in between the buildings connecting to the other side. In order to
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differentiate the addresses and the volumes of the building they have introduced an interesting
play of floor plans that generates outside of acculturation of vertical cuffs that helps to
differentiate the structure of the building and articulate the specific skill to avoid the
appearance of the building as one. At the same time it was very frank specific because this
rotation is related to optimization of use and not to the relationship of the neighboring
buildings. This is happening to the building on the north, at the same time it is happening to
the building on the south. On the other site you will see a more lush landscape which is
different change of trees from the three respective programs to the evidence of the center with
its vantage point and the residence of the other tower. It helps to structure this volume and
also generate the appearance of the quite unique four buildings. We have tried different
shapes of those volumes in relationship to one another, there is play in between those two
buildings that is accentuated and so they work together.
Mr. Friedman said again that they meet all setback requirements,they made a big effort to do
that, and they also exceed all the landscape requirements, and again they have no variances.
They also concurred with the staffs conditions except for two of them. One of them deals
with the traffic pedestrian study which is Condition No. 10. Right now it proposes for a
$300,000 contribution,if the study is not,or improvements are not warranted what they would
actually agree to is $150,000 contribution and pay it at the time of the Building Permit as
opposed to Site Plan. He is not sure if staff supports that or not,he believes they do. Also,as
part of the time extension,we did request an extension of time to a total of 72 months,and on
Condition No. 29 it still refers to 24 months requirement to pull a Building Permit.
Mr. Schulman said Condition No. 29 is inconsistent somewhat with the staff report. The staff
report recommends favorably on the extension of time in which to pull a Building Permit,and
that particular Condition did not incorporate it. They have spoken to the City Attorney and to
City staff and they were going to recommend that we make it consistent.
Mr. Schulman said he started meeting with the Ocean III representative Tucker Gibbs in July.
Our discussions and negotiations led to a written agreement that was supplied to him by Mr.
Gibbs that he has used successfully in the past that we spent the last few months negotiating.
Our negotiations led to what they considered to be a consensus among us, at about 2:00 p.m. -
today. At 3:45 p.m.today Mr. Gibbs who is not here tonight for whatever the reason indicated
that his client, the Association, is not going to sign the agreement although we had indicated
that we would do so. We spent a lot of time, money and effort to reach a written agreement,
which he is going to put into the record, because he does not like to be non-transparent. The
agreement tried to address each and every one of the concerns that were raised by Ocean III
and we thought we did until 3.45 p.m. today.
Mr. Schulman said for the Marenas, our southern neighbor, we started meeting with them in
September. We proffered to them after a number of meetings where we explained the project
in detail,we laid out the plans,and then we proffered to them the same agreement that we had
given to Ocean III. And so we had a series of meetings, the last meeting ended at 5:00 p.m.
last night with their new attorney, Mr. Shevlin. The original agreement was about 16 pages
long and they asked us to reduce it to no more than three pages, which he did. They hired an
attorney, they said they don't want to have to pay an attorney, and we said we would pay the
attorney,which they had agreed to do and in writing. They met yesterday until 5:00 p.m.,they
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received some kind of counter proposal from them, and he got it today at 5:00 p.m. With all
due respect to Mr. Shevlin, it is totally unacceptable to his client. The best he can say is we
have given our good faith and best laid efforts to try to meet and come to an accord with both
the Marenas and Ocean III. He is sure we will hear some objections,the bottom line to those
objections, we are an as-of-right project. Projects that are built are in some ways disruptive
because they are being built, and again, we had hoped that we could reach an accord as to our
duties and obligations to them that met and in many cases exceeded the requirements of the
City Code but we were unable to use them. But for the purposes of record,he is entering into
the record the proposed agreements with both Ocean III and Marenas.
Mayor Scholl opened the public hearing and asked if we have any lawyers here representing
the neighbors. Barry Shevlin,Esq. said he is representing Marenas Condo Association,he was
retained two days ago. With this representation that Mr. Schulman gave with all due respect,
he met with the President of the Association once,and had one other phone conversation with
him, there were no detailed conversations or proposals. There was a legal proposal some 16
pages long. You have seen beautiful renderings and fantastic monies being thrown around to
buy additional FAR and TDRs and the mass of this project is unprecedented in Sunny Isles
Beach. Then they said they would like 72 months to build it. The notice that was given on
this application was improper. They were mailed by the City on November 7, 2015,and they
were received on November 10, 2015. Today is November 19, they gave us 9 days to try to
put something together. He attended a Board meeting Monday night and they were all
shocked as to the fact that the City was going to move forward on this. When he finally
looked at the notice when they gave him a copy of it, he was shocked. The City notice says
"The applicant is seeking approval of a site plan for a 56-story mixed use building." It doesn't
say it is seeking a site plan of two huge towers, both 56 stories,and his client's building is 26
stories, 25 feet from his client's building is going to be a massive 56-story building. The 72
months that they want to construct this building is basically going to put my client's hotel
condominium out of business. Once the noise and the pumping from the dewatering, and all
the other problems that he outlined in his letter to Mr. Schulman,is beyond belief,and they are
going to lose 30%—40%of their business regularly. The sheer size of this project next to his
client's 100-foot lot that needs the revenue generates to its hotel desk,to have the maintenance
paid, and have the 133 employees paid for by the hotel, is going to put them out of business.
You are going to be hurting 210 units of voters who voted for you guys, the massive size of
this project and in the time they want to build it,and the business disruption that it is going to
occur to his clients,it is unbelievable. Collins Avenue runs north on that side,and they would
pour from construction trucks, from disruption from all the noise from the dewatering, the
construction debris that is going to fall on his client's property. It is going to make a major
financial and utter impacts on his client's property. He would ask because of the fact that this
notice is improper, and his client's didn't have proper notice. We can't stop them from
building a project on this site,they bought the property,they applied without variances,but we
need to have some time to digest what they are planning, how they are planning it, and how
they are going to protect Marenas, the Millenium, and what are they going to do with Ocean
III. There has to be some kind of plan where everybody can get together and live with to
protect the business interest of the hotel, to protect all the residents of Sunny Isles Beach.
There should be 30 to 60 days delay.
After hearing residents' comments and concerns, Mayor Scholl closed the public hearing.
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Mayor Scholl asked City Attorney Ottinot for clarification,was the notice proper or improper?
City Attorney Ottinot said the notice is proper and in compliance with the City Code and State
law. Additionally, he said he has known Mr. Shevlin over the years and Mr. Shevlin did call
him,they did receive the notice, and he filed an objection with him which basically noted the
impact of the project with respect to its current property.
Mr. Schulman said just to address the notice issue, Ms. Hasbun had supplied them and they
would like to incorporate it into the record,the pictures of the posting on the property which is
required by Code. There is also a mailing list of.50 pages to everyone of ownership of within
300 feet of the radius of their development. Five(5)pages of those 50 pages are residents of
Marenas, and for the purpose of the record it is pages 18 through 22. Our first meeting took
place with the Marenas President,Hotel Manager and Condo Manager on September 25. For
purposes of reference, Marenas setback is 20 feet from their property, and they are 25 feet
from Marenas property. At the time Marenas was built, applied data for it was operated as a
condo/hotel concierge type of development, and they were built over us at that point in time.
The 72 months we are asking for is not to construct this project, it is to pull the Building
Permits. After development of the project we will be in more of a range of 24 months per
tower. But the start of the project is market dependent. We are not sure what the market is out
there right now, and so we will need that period of time to put up our sales center, find out
where the market is, and once the Building Permits are pulled, we will be 72 months. We
offered reasonable controls and conditions, and we were rebuffed. We did the best we could.
Commissioner Levin asked what the construction schedule is supposed to be, when are they
allowed to start and stop? Ms.Hasbun said as part of the record you have the construction and
staging plan, on page 3 of the report it delineates the standard time for construction which is
from 7:00 a.m. to 6:30 p.m. Monday through Thursday, 7:00 a.m. to 5:00 p.m. on Friday,and
9:00 a.m.to 5:00 p.m. on Saturdays. During daylight savings time it is from 7:00 a.m.to 7:00
p.m. Monday through Thursday, 7:00 a.m. to 5:00 p.m. on Friday,and 9:00 a.m. to 5:00 p.m.
on Saturday. Also it delineates all the days that construction is not allowed. Commissioner
Levin said then, if construction is supposed to start at 7:00 a.m. that means that the
construction workers are permitted to get there before 7:00 a.m.? Ms. Hasbun said
construction work starts at that time, construction workers are allowed to arrive before that
time. City Manager Russo said the answer is yes, they can get there earlier, and no they can't
make noise on this property until the start of the construction time.
Vice Mayor Gatto said she knows there are some things that the City can probably control with
the hours,but a lot of this is a neighbor to neighbor situation where there is a line drawn where
we don't really get involved. She thanked Cliff Schulman for clarifying the 72-month
situation because she had the same question. She asked what tower is being planned to go
under construction first? Mr. Schulman said they have not determined which tower will be
under construction first. That will be dependent upon market conditions and what people want
to buy. We have one tower that is condo only, we have another tower which is a mixed-use,
and so in order to determine Phase I vs. Phase II, we need to know what the product is that
people want to buy. If the market is fantastic we will build both towers at the same time,
although probably it is going to be one before the other.
Vice Mayor Gatto said we know how the City supports traffic and density of projects like this.
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Mr. Schulman said to keep in mind that their traffic report was reviewed by the City's traffic
consultant, and staff has indicated that the traffic report was acceptable. In discussions we
have had as to the traffic problems in Sunny Isles Beach,you are a pass-through neighborhood,
ie. traffic from Broward County going to Miami Beach, etc., as opposed to the amount of
traffic generated by 60 hotel rooms. That is what we are talking about,the rest of them are the
basic condominium or hotel/condominium. He thinks Mayor Scholl has said it before, the
traffic that is going through is not City generated, it is basically pass through traffic. That
doesn't mean that there will be no traffic impact but the impacts were reviewed by the City's
traffic engineer and found to be acceptable. Vice Mayor Gatto said right, she knows we hear
that a lot but it is still traffic and a lot of us don't care where it comes from,it is still there. We
are in a situation again where this is an as-of-right project, and the developer has full right to
build, and it is a situation where we could incur a law suit if we don't allow him to do that.
Commissioner Aelion said regarding the allowance of the mobility in and out of the building,
there is something positive to be said that on the north and the south entrances to the building,
you have two ingress and two egress on both sides, not limiting the traffic flow. He is
probably the only one on the dais that is presently living in a 29-story building and facing a 56-
story building being built right in front of his apartment. As was voiced here,this issue about
comfort,noise,etc.,but it is a progression as was noted by the last speaker here tonight. When
this City was incorporated, they decided that they are going to follow a Master Plan,and that
Master Plan is being implemented. He also correctly pointed out that while yes there is a lot of
discomfort throughout the time which was corrected here to be 24 months for built and not 72
months. The complaints and references that have been voiced here, are something that we
have experienced throughout the last 15 years. Not to say anything that was voiced by people
here that we elected you and if you don't sing our tune we are going to make sure you are
voted out of office. That is taken with a lot of respect towards the people who are voicing
those feelings. We have to understand that, not so much because we feel threatened, but we
would be subject to lawsuits. However, there is more of the in-availability of the
infrastructure and the urbanization of a place of choice. Nobody forces anybody to live in
Sunny Isles Beach, it is a question of choice. With that, he believes in relation to the
comments raised by Attorney Shevlin regarding the hotel and its doomsday scenario,he takes
issue with that because if history is any measure the City has already had hotels raised,and a
few are the Newport, the Acqualina, the Trump, and the Marco Polo, who have experienced
similar erection of structures adjacent to them and their hotel business has continued while
those structures were being built. Yes definitely with an inconvenience and impact but not
with a dramatic outcome as was voiced here.
Commissioner Aelion said the parking in the site plan does not meet the required totality of
the spaces that are needed to be acceptable as per Code. He understands the enjoinment of the
residential/commercial use and the formula that is suggested here about the shared parking
requested. With that it says very clearly that there is a condition to be met for that parking
variance, a so called variance because in his view it is some sort of variance requested and it
makes reference to Condition No. 20. When you look at Condition No. 20, it states"That the
Applicant shall address comments provided by City's Traffic Consultant regarding Traffic and
Shared Parking analysis. The City Manager or his designee shall review and provide
additional comments if necessary." So there is no finite status tonight,it is a work in progress
that has not been finalized. That is something that is a concern to him and something that he
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believes should be addressed or somehow formulated tonight with a comment or with advice
of our City Attorney to include some language that satisfies that concern.
Commissioner Aelion said there is also the issue of limited common element use, and why
does he bring up the issue, as these structures are built, and this is for the future but it is
something that has to be voiced and he thinks it is proper at this time. We are experiencing
issues with both condominiums and homeowners,and hotel/condominium owners. Wherein
the developer creates,by following the flow of the Code,a bylaws pamphlet together with the
creation of the condominium initially before providing for and accepted from before rendering
it to the first board. What happens is, many times because the language of, unlike something
that is deeded and written in the County Clerk's Court Records,limited common elements like
parking spaces,pool cabanas,beach cabanas that are sometimes attached,not attached to units,
because of a gray area is created and that language is not always made clear in these bylaws
and declarations. So what happens within a few years, issues arise and people are left to
inevitably going to litigation on the interpretation of that language. It is extremely important
that the developers take that very serious consideration and put in clear language and not leave
anything to doubt. He is extremely impressed by the Architects of this project,he thinks while
it is huge in its quantification, but its architectural impression is very much in line with the
development of the east side of Collins Avenue, architecturally speaking, it is a masterpiece.
Commissioner Goldman said she can appreciate all the concerns of the residents in the
audience,the issues of traffic impacts and maybe competition in the marketplace but she does
view this project as consistent with our evolution as a City with the level of sophistication,
luxury and high quality product that really uplifts our City and ultimately our property values.
The TDR purchase and the financial benefits to the.City are tremendous,it is going to improve
our reserves and fund our Capital Improvement Projects,and so she is certainly in favor of the
revenues,the fees, and the TDR purchases that this project will generate. Her only issue is the
separation between the buildings. We have this expression that we like tall and skinny and
there is one tall and skinny and maybe the other building is not so skinny,recognizing that is
where you have your resort and amenities and she knows that there has been some effort to
address that, 75-foot as opposed to 100-foot separation but if she could have had any
preference it would obviously be to have a little bit more of a view corridor. With that being
said, certainly there is really not as much of a view impairment issue because of the fact that
the buildings to the west are single-family structures and is not the same scenario that we see
in the center or the southern portions of the City where that would be a view impairment issue.
That would have been her only preference but overall, beautiful design, win/win for the City,
resort destination, and really it is about some progress for our City.
Commissioner Levin said she understands everybody's concerns and with regard to the
concerns raised by Mr. Shevlin on behalf of Marenas, the sales office was approved and the
application for the site plan approval was submitted some time ago. Mr. Shevlin had stated
that the President had met with the developer some time ago,yet the Association waited until
just two(2)days ago to retain counsel to try to resolve this. One of the questions that she had,
and she had discussed this with staff, based upon some language in the documents that were
provided, was there any effect on the traffic flow through Golden Shores? Ms. Hasbun said
basically when we discussed the traffic concerns in the neighborhood, the intersection along
Collins Avenue in front of the project are three(3)intersections and so the fact that somebody
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Summary Minutes:Regular City Commission Meeting November 19,2015 City of Sunny Isles Beach,Florida
will go inside of a local road without a traffic light to get access to Collins Avenue is kind of
low because you don't have a traffic light. People tend to go to areas where they have the
right-of-way, so for you to enter into a local neighborhood you will be holding for somebody
to give you the right-of-way to enter into Collins Avenue,or to make a U-turn. Commissioner
Levin said when we met you said there are two (2) places on southbound Collins Avenue
where traffic can make a U-turn to get to this project before they actually get to a traffic light
which is by the Navarro, and Ms. Hasbun said that is correct. Commissioner Levin said so if
people are going to cut in and take Atlantic down to Navarro, it will actually take them further
down then they would need to go, but there are two other options to make U-turns. Ms.
Hasbun yes, they have two other options before getting to that point.
Commissioner Levin said that she knows one of the things you requested was the additional
pedestrian signalized crosswalk just south of 189th Street. Ms. Hasbun said that is correct,and
we feel the need to connect these neighborhoods through the beach access that the project is
proposing because we do not have a pedestrian signalized crossing area for those residents to
go to the beach which the project will be providing. So we are in the process of submitting a
proposal to FDOT and then if it is warranted it will move forward under the common sewer
project. Commissioner Levin said that would take people from the Golden Shores area across
to the beach access,and Ms. Hasbun said that is correct. Commissioner Levin asked if she had
any idea how long it takes FDOT to address these items? Ms. Hasbun said that we asked the
Consultant to address it within one year but then later on we wouldn't have it specified but all
of these conditions need to be met before their Certificate of Occupancy(CO). Commissioner
Levin said if FDOT were to approve it,the developer has agreed to actually construct it for us,
and Ms. Hasbun said correct, and so the purpose is, if in the first round FDOT says it is not
warranted or it is not allowed or we didn't find a need, later on the City can go ahead and
propose certain improvements for residents of that neighborhood.Commissioner Levin said so
this would give us an additional pedestrian crosswalk to those that have already been stated by
FDOT that will be provided once we do the undergrounding and they do the re-asphalting of
Collins Avenue, and Ms. Hasbun said right.
Commissioner Levin said also she wanted to make it clear because everybody is concerned
about the mechanical parking and the shared parking,that the mechanical parking will not be
in the strictly residential part of the project. Ms. Hasbun said they had a long discussion with
the developer because we were very concerned,at the beginning the developer actually wanted
to share parking agreement with all of the project. But we found an necessity that shared
parking takes place only with the transient uses within the hotel and the apartment hotel
because those are not residents. That is why it is a work in progress because we wanted to
make sure that those parking areas that are designated for the residents are there at all times.
Commissioner Levin said the mechanical aspects of the garage, each mechanical place for
every two or three cars or however they are stacked is independent of the next,because if one
breaks they are not all going to break,and Ms. Hasbun said correct. Commissioner Levin said
and there is enough of a setback between Collins Avenue and where the valet or the parking
would enter, so there is not really a risk. Ms. Hasbun said they have a deeper driveway.
Commissioner Levin asked how many units were at the Varadero, and Ms. Hasbun said 349
units,and Commissioner Levin said and that was a hotel/condominium? Ms.Hasbun said yes.
Commissioner Levin said the total number of units in this project with TDRs? Ms. Hasbun
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Summary Minutes:Regular City Commission Meeting November 19,2015 City of Sunny Isles Beach,Florida
said 521 units in total. Commissioner Levin asked how many transients do we have in this
project? Ms. Hasbun said 152 which is less than half Commissioner Levin said then that the
transient uses will be reduced and will be mostly full time residents as far as traffic impact and
use, and Ms. Hasbun said yes.
Commissioner Levin said a couple of the amenities that they are planning, obviously because
they are going to have a hotel usage, is a restaurant and a ballroom-type facility, what is the
capacity of people that can actually,and she knows there is a formula and she thinks it is about
15 feet per person based upon the square footage of the area. Ms. Hasbun said right,basically
the capacities are regulated by the Fire and the Florida Building Code and as a rule you can say
15 square feet a person is required for those types of assembly uses but the numbers are rough
at this stage and so we can ensure you that would be the capacity for each space at this
moment,but they have approximately 4,000+square feet for a restaurant and they have 9,000+
square feet for the ballroom facility. Commissioner Levin said with regard to the ballroom,
she thinks based upon the numbers we were crunching, the ballroom might be able to have a
capacity of approximately 600 people, is that correct? Ms. Hasbun said if you calculated the
9,000 at 15,you will yield around 600 people. Commissioner Levin asked what the maximum
capacity we have now in the City, isn't it like 250 at Trump? She knows there have been
discussions in the past about not really having spaces where large groups of people can
convene. Ms. Hasbun said she would get the information for her, and Commissioner Levin
said and so it could actually bring a capacity that would benefit the City as well, and Ms.
Hasbun said yes. Commissioner Levin said she thinks the project is beautiful,you are in your
rights to build it, you are not asking for any variances, and so she is okay with it.
Vice Mayor Gatto said she does not like the hotel element of the project, she finds the hotel
adds a transient vibe to the neighborhood. We are more of a community and that is why she
voted against the Marriott Residences, she doesn't think we need another hotel. Again it just
has an impact on our City which she is seeing is leaning more towards the community with the
schools, families, and to add a hotel element to it now that we have the Marriott, she would
hate to see it even adding more but she just wanted to say that for the record. She asked if it is
possible to build this building without TDRs, without massively rejigging it, and Mr.
Schulman said no. Vice Mayor Gatto said the TDRs are going to represent$48 Million, and
Ms. Hasbun said the TDRs are $35 Million, with the bonuses it is $48 Million. Vice Mayor
Gatto said she doesn't think that number has been put out there but that is the number that the
City will generate as income, and she thinks the folks for the record should be aware of that.
Commissioner Aelion asked City Attorney Ottinot about Condition No.20,he is suggesting an
amendment to the language. Instead of it being open ended the way it is written,he suggests
that it be amended to read as follows: "That the Applicant shall address comments provided
by City's Traffic Consultant regarding traffic and shared parking analysis. The City Manager
along with the City's Traffic Consultant will be satisfied with the comments and will
necessitate their approval." Okay, in other words not to leave it open because this is just
something we will provide additional reviews, comments, and if approved a plan to approve
the plan and not something to be addressed in the future. City Attorney Ottinot said that is not
a problem. Commissioner Aelion said then what was stated will be added,and City Attorney
Ottinot and Mayor Scholl said to structure the motion.
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Summary Minutes:Regular City Commission Meeting November 19,2015 City of Sunny Isles Beach,Florida
Commissioner Goldman said from what we have reviewed the landscaping needs some work,
so there were a lot of comments on the landscaping, and just kind of pay attention to our
environment and hopefully you will be able to patch that up.
Mayor Scholl said he is going to do something that the developers always do to us which is he
g g g P
is going to parade the horrible, and in this case the developer amassed a five-acre oceanfront
site with 435 feet plus or minus a frontage,and so what does that mean? That means that four
(4)buildings could be built there on 100-foot lots,and so you can either end up with a Master
Plan development like we have before us, or we can have four (4) individual buildings that
could get built over the next ten(10)years on 100-foot lots which take a lot longer to be built
because the staging to build on a 100-foot lot is very difficult. And so he knows that is not
what you want to hear but that is the economic reality of it. The fact is that the developer
could even be in a position where they can probably make more by breaking the five(5)acres
up and selling them in the smaller lots. As Commissioner Aelion pointed out, by having the
Master Plan progress we have much simpler ingress and egress, it will be relative to that
project. Getting five (5) acres on the oceanfront, a lot like the Acqualina project, the Estates
next door, it is a similar situation whereby the developers are amassing more land to create a
higher end resort type of a project. This is actually better for the City and for the residents in
the long run because we don't end up with a bunch of little buildings up and down the
beachfront, which he for one has always been opposed to and he wanted to do away with 100-
foot lot construction a long time ago. In the south end of the City it is a new developer and
they partnered up for this reason to take two separate lots and put them together to build the
Ritz Carlton Residence which again has less intensity because it is on a larger piece of land.
Mayor Scholl said unfortunately everybody that is here tonight who lives in an oceanfront
building as Mr. Shechter pointed out earlier, that building had to get built at some time, and
that building upset the neighbor that was next door when that particular building was built.
The good news is our City is almost built out, he knows it is ugly for the next three or four.
years and we all have to live through it but the fact is that we are getting close to being built
out. When the City is built out,with the quality of the architecture that these developers keep
upping the game, we continue to have an evolving beautiful City. Unfortunately, we cannot
take away the rights for the folks to build just like we can't go into your building and tell the
apartment owner next door to yours that they can open up a dance hall because you would be
very upset because you bought your property with a certain expectation level of the rules of
that particular building. The difficulty that we always face on the Commission is the tradeoff
between getting things built and getting them built properly and getting it over with and having
a beautiful building and the rights and the frustrations of the adjacent property owners. And he
sympathizes with Luni because she has been living next to the Porsche building for what has
been going on for two years now, fortunately it is coming to an end.
Mayor Scholl said what he completely agrees with is that we have got to start paying more
attention to extended hours on construction,and he has talked to staff about this before and he
is going to get feistier about it because we shouldn't be starting so early. If for some reason
they are starting early to get extended hours, there is an Ordinance where they can turn off
those reverse beepers. That is something that we can concentrate on. But a real tradeoff here
is, believe it or not, we are lowering the intensity of what was there. We had 350+ in the
Varadero which was not the banner property of Sunny Isles Beach as we had a lot of folks that
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Summary Minutes:Regular City Commission Meeting November 19,2015 City of Sunny Isles Beach,Florida
came here on the weekends and they were rowdy. We probably had more Police calls there on
those little properties on the weekends then we have in any large scale building. So truthfully,
the intensity on the transient nature of the people that are there on the weekends is going to go
down dramatically with this building. Unfortunately we have to suffer through the
construction on a temporary basis. Every argument we heard here tonight is based on the fact
that we are going to have to build and we are going to be inconvenienced temporarily. Every
argument is also based on the fact that when your building was built,or the Marenas was built,
or others, they also inconvenienced their neighbor temporarily and so it is a domino effect.
What will happen is it will end when our City is built out which is pretty close.
Mayor Scholl said we have talked here many times about TDRs and again,what are we doing
here? We are taking density that could end up somewhere else,in particularly on the west side
of the street to create large buildings. We are taking that density away from that part of the
City and we are putting it on top of this building,and that is that extra section. His attitude is,
if you live in a 25 or 30 story building and the building next door is going to be 40 or 60
stories it really does not matter because ultimately, and he thinks that Commissioner Aelion
had calculated it a while back, ten more floors is about another seven minutes of daylight on
the beach. Again, our Ordinance supports high-rise construction on the ocean, and so that
issue again kind of takes care of itself
Mayor Scholl said we have got to watch the decibel level, at staff level, we are going to have
to look carefully at extended hours,and look at this reverse with a beeper issue. He is not sure
what OSHA can do about that, he is not sure how we can get around that but we are going to
have to figure it out because he completely agrees from that perspective.
Mayor Scholl said just about every time we have a site plan approval, a lawyer gets hired two
days before the approval and comes in here and says "I didn't have time to review anything,
and we should postpone this approval." This is no different,the fact is that the developer did
come to the Condo Association early, and his attitude has been for years now to go and talk to
your neighbors. It doesn't give your neighbors carte blanche to extort money from the
developer, especially when they are building an as-of-right project but it does give the
neighbors an opportunity to recognize that yes,your balconies can get clean,your cars can get
cleaned, that the developer can act responsibly for ongoing construction issues because stuff
happens. This developer in particular, the Fortune International Group, we have dealt with
them before and they have always acted responsibly. So,what he would encourage you to do
is don't stop the dialogue,you know,don't throw the baby out with the bath water and say we
didn't have an opportunity because he can tell you that the developer doesn't want you at City
Hall giving us an ear full if they are not taking care of you as good neighbors, but it also
doesn't give you the opportunity to extort from the developer.
Mayor Scholl said he understands the impact on the Marenas,he doesn't know what to tell you
because like he said,we would have to give them approval to build four(4)separate buildings
on that site if they wanted to and it is unfortunate but the only remedy to what you are
suggesting is that site never gets developed, it is really the only remedy other than you feeling
that you deserve compensation from the developer for doing on their site exactly what the
Marenas did on their site when they built their building. Believe him when he tells you we
would rather see this site be aggregated and having a large site with one unified development
on it. This is what we have been encouraging lately in the City, and this is exactly what this
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Summary Minutes:Regular City Commission Meeting November 19,2015 City of Sunny Isles Beach,Florida
developer is doing. One of the things that we keep saying is the quality of the architecture in
our City goes up and up and up with each of these developments simply because it is getting
more and more competitive. He has said many times in the past that these buildings really
aren't occupied much,especially when we start to get into this level of high-end development.
If you drive down the City at night, even during the season and you look at the more
expensive buildings,there are very few lights on,and so the intensity of this development once
it is built,he thinks we will find that the intensity of the development of the City is going to be
pretty. What we are going to find is that looking at the building it congers up the horrible
because of the size but ultimately these buildings are just not largely occupied.
Mayor Scholl said as Mr. Schulman pointed out earlier that we have done the traffic studies,
believe it or not, our development really isn't contributing materially to the traffic as 72%of
the traffic is coming from outside of the area every day. We are going through a very
comprehensive traffic pedestrian study now,we haven't gotten the results yet. We had a lot of
public meetings to support that,and so we are getting to the bottom of that. We have got ways
that we are looking at, some potentially pedestrian bridges and other things to make it safer for
our pedestrians to get back and forth across Collins Avenue,and along Collins Avenue, Also
to mitigate some of the traffic issues,and so we are working on that as well. With that in mind
again, he thinks we have a quality developer, we have five (5) acres of oceanfront, we have a
435-foot site where we can get multiple buildings built on, and we are getting two and a
unified site plan, and truly the only way to mitigate your concerns is to tell them they cannot
build. Fortunately you elect us to protect the City and to protect you, we will get sued from
now until the cows come home if we turn down as-of-right projects that conform to our Code.
It is not popular with the public and he knows when we are getting to the right answer when
the developer is not happy and the public is not happy, somewhere in the middle is where we
are sitting. This is a completely as-of-right project,they are not asking for variances, and he
has shot down a project from the developer's partner that has appeared before us in the past,
but that is not the case here. We have this tradeoff and he knows the construction is going to
be frustrating, it is temporary, we are going to try to do something about the extended hours
and the beeping on trucks backing up.
Commissioner Aelion said something was voiced here about this 4:00 a.m. disturbance of
noise and trucks,it does happen. For the record and everybody should know for the future that
any structure that is approved and starts to be erected, there is this basic two to three day
inevitable application of truck after truck of cement pour that has to happen for the foundation.
It has to happen within a very limited time,and cannot happen other than in those wee hours.
That is an exception, it happens twice maybe for any structure being built.
Mayor Scholl asked Hans to structure the motion,and City Attorney Ottinot said assuming that
the Commission will approve this project, it would be a motion to approve the modification of
Condition No. 10, reducing the pedestrian crosswalk proffer from $300,000.00 to
$150,000.00, due at the time the Applicant pulls the Building Permit; modification of
Condition No. 20 based on wording submitted by Commissioner Aelion,"That the Applicant
shall address comments P rovided by City's Traffic Consultant regarding traffic and shared
parking analysis. The City Manager along with the City's Traffic Consultant will be satisfied
with the comments and will necessitate their approval."; and clarification that the developer
had requested an extension of 72 months for the Building Permits, not to build.
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Summary Minutes:Regular City Commission Meeting November 19,2015 City of Sunny Isles Beach,Florida
Commissioner Aelion moved and Commissioner Levin seconded a motion for approval,
subject to staff conditions. Resolution No. 15-Z-156 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: Related Item 100 was heard after Item 6A.]
•
7. ORDINANCES FOR FIRST READING
7A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
the Official Zoning Map of the City of Sunny Isles Beach Pursuant to Section 265-4 of the
City Code to Make it Consistent with the Land Use Map; Providing for Severability;
Providing for Inclusion in the Code; Providing for an Effective Date.
Action: [City Clerk's Note: Heard after Item 100 and the brief recess.] City Clerk Hines
read the title, and Planning and Zoning Administrator Claudia Hasbun reported this is to
make the Zoning Map consistent to reflect the recent Small Scale Amendment regarding the
designation of properties within the Community Facilities Zoning District.
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,December 17,2015,
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
Section 265-37 of the Land Development Regulations to Modify Front and Side Yard
Setback Requirements for Properties Located on the North Side of Sunny Isles
Boulevard to Promote a Pedestrian Friendly Environment; Providing for Severability;
Providing for Inclusion in the Code; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Planning and Zoning Administrator Claudia
Hasbun reported that after we had the Workshop [October 9, 2015] regarding Sunny Isles
Boulevard we had presented the Commission the Sunny Isles Boulevard North Edge by
basically arranging this new District within the Town Center. City Attorney Ottinot said one
of the things that were emphasized was to have the pedestrian elevated bridge, and so we
•
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Summary Minutes:Regular City Commission Meeting November 19,2015 City of Sunny Isles Beach,Florida
made sure it is not a setback violation if that is permitted in this area.
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,December 17,2015,
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
Sections 265-34, 265-35, 265-36 and 265-38 of the Zoning Code to Increase the Price of
Bonus Participation Unit; Providing for Repealer;Providing for Severability;Providing for
an Effective Date.
Action: City Clerk Hines read the title, and Planning and Zoning Administrator Claudia
Hasbun reported that the LDRs permit developers with the opportunity to increase density
and intensity by the purchase of monetary bonuses under the development bonus program.
You have the TDRs and the FAR Bonuses,the project that you just approved,the square foot
of TDRs cost $125.00 but for Bonuses it cost $33.05 per square foot. What we are doing
right now is measuring an increment in this pricing because the price is too low compared to
construction costs, and Mayor Scholl said you would call that a true-up.
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,December 17,2015,
at 6:30 p.m.
Vote: Commissioner Aelion yes
Commissioner Goldman yes
Commissioner Levin yes
Vice Mayor Gatto yes
Mayor Scholl yes
7D. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Section 183-1 of the Code of Ordinances of Sunny Isles Beach, Entitled "Licenses and
Permits" to Provide for a Permit for Beach Access Closure; Providing for Severability;
Providing for Inclusion in the Code; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Deputy City Manager Stan Morris reported this
establishes a permit process for Beach Access closures.
Public Speakers: None
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Summary Minutes:Regular City Commission Meeting November 19,2015 City of Sunny Isles Beach,Florida
Commissioner Aelion said he had voiced to staff the sensitive exposure to our residents or
visitors who are going to use the Beach Accesses and he had asked staff to look into a non-
abusive scenario wherein the developers may use other means, like for example times as an
alternative to seek beach closures only in inevitable situations where they would be forced to
do that, then he has to provide a permit. City Manager Russo said this gives us the total
flexibility to have that discretion, and City Attorney Ottinot agreed.
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,December 17,2015,
at 6:30 p.m.
Vote: Commissioner Aelion yes
Commissioner Goldman yes
Commissioner Levin yes
Vice Mayor Gatto yes
Mayor Scholl yes
7E. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Section 156-2 of the Code of Ordinances of Sunny Isles Beach, Entitled "Fees and
Miscellaneous" to Provide for Permit Fees for Lane and Beach Access Closures;
Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective
Date.
Action: City Clerk Hines read the title, and Deputy City Manager Stan Morris reported that
this Ordinance establishes the fee schedule for the permits.
Public Speakers: None
Vice Mayor Gatto moved and Commissioner Aelion seconded a motion to approve the
proposed Ordinance on first reading. The motion was approved by a roll call vote of 5-0
in favor. Second reading,public hearing will be held on Thursday,December 17,2015,
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
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Summary Minutes:Regular City Commission Meeting November 19,2015 City of Sunny Isles Beach,Florida
9. ORDINANCES FOR SECOND READING s Public Hearings)
g )
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,
Approving and Recommending to the City Commission of Sunny Isles Beach,the Ordinance
Entitled "Small Scale Amendment to the Future Land Use Map of the City of Sunny Isles
Beach Comprehensive Plan"; 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 Planning and Zoning Administrator Claudia Hasbun reported.
Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve the
resolution. LPA Resolution No. 2015-95 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, Entitled
"Small Scale Amendment to the Future Land Use Map of the City of Sunny Isles Beach
Comprehensive Plan"; Providing for Transmittal to the Florida Department of Economic
Opportunities;Providing for Inclusion in the Code;Providing for Severability;Providing for
Repealer; Providing for an Effective Date.
(First Reading 10/15/15)
Action: City Clerk Hines read the title, and Planning and Zoning Administrator Claudia
Hasbun reported that this Amendment only effects properties owned by the City.
Public Speakers: None
Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve the
Ordinance on second reading. Ordinance No.2015-465 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
9B. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Section 256-14 of the Code of Ordinances of Sunny Isles Beach ("Parking Rates");
Establishing New Hourly Parking Fees at Certain Parking Meter Locations;Providing
for Severability; Providing for Inclusion in the Code; Providing for an Effective Date.
(First Reading 10/15/15)
Action: City Clerk Hines read the title, and Deputy City Manager Morris reported that this
Ordinance raises our rates for beachfront parking.
Public Speakers: None
Commissioner Aelion said a comparative study was done with our adjacent jurisdictions and
it was still below par, and Deputy City Manager Morris said that is correct.
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Summary Minutes:Regular City Commission Meeting November 19,2015 City of Sunny Isles Beach,Florida
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
Ordinance on second reading. Ordinance No.2015-466 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
Sitting in as the Local Planning Agency and the City Commission, to Consider the
Following Ordinance Amending the Land Development Regulations (LDRs):
9C. 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 265-21 of the City Code to Clarify that a Certificate of Occupancy May be Revoked
sec-ated or Suspended by the City upon the Occurrence of Certain Conditions; Providing
for an Effective Date.
Action: [City Clerk's Note:Items 9C and 9C.1 were heard together.] City Clerk Hines read
the title, and City Attorney Ottinot reported.
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. LPA Resolution No. 2015-96 was adopted by a vote of 5-0 in favor.
9C.1 An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending
Section 265-21 ("Certificates of Occupancy") of the Code of Ordinances to Clarify that a
Certificate of Occupancy May be Revoked Rimed or Suspended by the City upon
the Occurrence of Certain Conditions;Providing for Severability;Providing for Inclusion
in the Code; Providing for Repeal of Conflicting Provisions; and Providing for an Effective
Date.
(First Reading 10/15/15)
Action: City Clerk Hines read the title, and City Attorney Ottinot reported.
Public Speakers: None
Commissioner Aelion said the word"revoked"is it a final thing or is it revoked temporarily •
until they reapply? City Attorney Ottinot said they can do two things: they can reapply, or
they can appeal the decision through the administrative process to the City Commission.
Mayor Scholl said it is final when revoked,and they must go through a process to get it back.
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
Ordinance on second reading. Ordinance No.2015-467 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 November 19,2015 City of Sunny Isles Beach,Florida
10. RESOLUTIONS
10A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Declaring
Jeanette Gatto as Vice Mayor; Providing for an Effective Date.
Action: City Clerk Hines read the title,and Mayor Scholl reported on the reappointment of
Vice Mayor Gatto as she has done a great job. He also appreciates Commissioner Aelion
holding the fort down at the League of Cities.
Public Speakers: None
Commissioner Goldman moved and Commissioner Levin seconded a motion to approve
the resolution. Resolution No. 2015-2483 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, Amending
Resolution No. 12-Z-126 to Modify the Requirement for Undergrounding Utility Lines
to Require the Developer of the Chateau Beach Residences Project to Pay the Costs of
Undergrounding Directly to the City of Sunny Isles Beach; 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.
(Deferred on 10/15/15)
s-
Action: City Clerk Hines read the title, and Planning and Zoning Administrator Claudia
Hasbun reported. City Manager Russo said we changed the term to make it as the outside
amount and if it is less,they will get a refund. He is hoping to clean up the whole thing from
Sole down to this and maybe get it done even before the full Collins Avenue project.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2484 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,Authorizing
the City Manager to Expend Budgeted Funds on Purchases of Hardware Products and/or
Hardware and Software Maintenance and Support from DELL for Fiscal Year
2015/2016, in an Amount Not to Exceed $75,000.00, by Utilizing State of Florida Contract
No. 43211500-WSCA-15-ACS; Authorizing the City Manager to Do All Other Things
Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Chief Information Officer Derrick Arias
reported.
Public Speakers: None
•
Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2015-2485 was adopted by a voice vote of 5-0 in favor.
21
Summary Minutes:Regular City Commission Meeting November 19,2015 City of Sunny Isles Beach,Florida
10D. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Ratifying the
Expenditure of Budgeted Funds in an Amount Not to Exceed$61,716.02, on the Purchase
of Software Licensing and/or Products from Sungard Public Sector, Inc. for Fiscal
Year 2015/2016 for Police Software System Maintenance and Support;Authorizing the
City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an
Effective Date.
Action: City Clerk Hines read the title, and Chief Information Officer Derrick Arias
reported.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2486 was adopted by a voice vote of 5-0 in favor.
10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
the Fourth Amendment to the Agreement with Action Labor Management d/b/a
Staffing Connection for School Crossing Guard Services, in an Amount Not to Exceed
$112,914.00, 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 Police Captain Michael Grandinetti reported,
noting that this would be the 4th and last extension to the Contract.
Public Speakers: None
Vice Mayor Gatto moved and Commissioner Aelion seconded a motion to approve the
• resolution. Resolution No. 2015-2487 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 Chief of Police, in Accordance with the Comprehensive Crime Control Act of 1984,and
in Accordance with Section 932.7055,F.S.,to Expend Partial Forfeiture Funds from the
Department of Justice (DOJ) for the Purchase of a Laptop and Docking Station for the
Police Marine Patrol Unit, Repair and Relocate the Marine Patrol Boat/Jet Dock to a New
Location, and to Purchase 300 — 36" Orange Traffic Cones, in an Amount Not to Exceed
$18,180.00; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Police Captain Michael Grandinetti reported.
Public Speakers: None
Mayor Scholl said the one outcome of the Chateau incident was that we had to wait to get the
cones to put down Collins Avenue,we did not have enough to split north/south traffic. One
of the things he had said to Chief Maas was maybe we need some cones. Chief Maas said we
can probably do the length of the City now. Vice Mayor Gatto asked where the boat is being
moved to, it is where Winston Towers 300—400 is now, and Captain Grandinetti said it is
staying at that same dock but moving west. Commissioner Levin asked where the cones will
be stored and Captain Grandinetti said at the Public Works Department.
22
Summary Minutes:Regular City Commission Meeting November 19,2015 City of Sunny Isles Beach,Florida
Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2015-2488 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,Providing an
In-Kind Donation to Chabad Russian Center of South Florida for Use of Heritage Park
and City Support Personnel for a Community Event;Authorizing the City Manager to Do
All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Cultural and Community Services Director
Susan Simpson reported that we worked up some numbers based on what they expect the
event to actually be,they are moving it to Heritage Park because they have another band that
is performing. They have partnered with another Rabbi and so it is now three (3) different
Rabbi's and their congregation. Because it is a Saturday evening the Rabbi thinks that the
attendance will be light however one of his co-producers is advertising 2,500 or more
attendees on the website. And so there is a bit of a variation.
Public Speakers: None
Mayor Scholl asked what he is covering and what are we covering? Ms. Simpson said as of
right now he wants the permit fee waived,the rental fee waived, and the personnel waived,
and she would highly recommend that we at least have the$500 refundable cleanup deposit.
Mayor Scholl said yes as that is a lot of people. Ms. Simpson said that they also want to go
until 10:00 p.m., and our normal park hours are 9:00 p.m., and they had talked about until
11:00 p.m. and she suggested that they keep it at 10:00 p.m. so that they are out of there by
11:00 p.m. because it is next to a residential area.
City Manager Russo said he had suggested that they pay for the personnel that is going to be
needed, and waive all the other fees. Mayor Scholl said yes, this could be very expensive
from the standpoint of the Police and the Park staff,because that is a variable cost,that is out
of pocket for us, and so the personnel cost would be something that, if we are waiving
everything else,that they should pay. He said the problem is we set a precedent like this and
every organization is going to come and think the Chief is going to put everybody on
overtime to cover their event. He thinks we have to be careful, they should pay for the
overtime costs. Vice Mayor Gatto asked what the date of the event is and Ms. Simpson said
it is December 12, 2015. Commissioner Levin asked where 2,500 people would park, and
Ms. Simpson said there are 100 spaces in the lot because they are partnering with the Rabbi
that is at Marco Polo, they are hoping to use some of their parking that is above the second
floor. They also understand that any overflow would have to go under the William Lehman
Causeway. Mayor Scholl asked if they are asking to waive the parking too,and Ms. Simpson
said it is up to the Commission, she doesn't know if they realize it is $2 per hour to park
there but he never asked about it. Mayor Scholl asked if we typically waive the parking fee
when there is an event in the Park, and Ms. Simpson said no, if it is our City sponsored
event,we do not charge a parking fee. Mayor Scholl said to waive the parking in the garage
only, under the Lehman Causeway is different, we will not mess with that. The personnel
that have to work as a result of this event they will pay, not on duty folks.
Commissioner Aelion asked how many people attended the B000gie on the Beach event,and
23
Summary Minutes:Regular City Commission Meeting November 19,2015 City of Sunny Isles Beach,Florida
Ms. Simpson said 3,000. He asked the Chief about security and traffic,and Chief Maas said
the security would require a Supervisor and a squad of about four(4) or maybe five (5), we
have to go to the highest number. We can't add people as we go but we can move people to
different locations,and so if there were 1,500 we can move people to assist with the parking.
Mayor Scholl said he needs a motion with the modification of the personnel costs being
passed through, we are going to waive the parking in the Heritage garage and the hard fees
that would normally have to be paid.
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution,as amended. Resolution No.2015-2489 was adopted by a voice vote of 5-0 in
favor.
1011. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
an Agreement with the State of Florida, Office of the State Attorney for the Eleventh
Judicial Circuit of Florida to Reimburse the State for the Cost of State Attorney
Prosecution of Certain Criminal Violations of the Code of the City of Sunny Isles
Beach;Authorizing the Mayor to Execute Said Agreement;Providing the City Manager and
City Attorney with the Authority to Do All Things Necessary to Effectuate the Intent of this
Resolution; Providing for an Effective Date.
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
resolution. Resolution No. 2015-2490 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,Awarding
Bid No. 14-09-01 to and Approving an Agreement with Ebsary Foundation Co. to
Provide Professional Construction Services for the Construction of the North Bay Road
Pedestrian Emergency Bridge, in a Total Amount Not to Exceed $6,026,716.85, in
Substantially the Same Form 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's Note: Related Item 10M was heard with this item.] City Clerk Hines
read the title, and City Manager Russo asked that we hear related Item 10M as well as it is
the amendment to the Agreement with Calvin Giordano to redesign the most southern vent of
the bridge. This is the actual structure of the bridge where it lands on the Porto Bellagio
property to eliminate the need for the additional easement area that we have since backed off
of the condemnation.
City Manager Russo said this is the actual contract that the Commission authorized him to
negotiate back in August with Ebsary who was the low bidder, who did the C3 bids for this.
They ranged from$5.5 Million to$6.5 Million. We have a larger contingency built into this
because we fully expect to have to rearrange the whole construction methodology of that C3
24
Summary Minutes:Regular City Commission Meeting November 19,2015 City of Sunny Isles Beach,Florida
bid to be able to build the bridge from the north predominately to the south as opposed to
bringing on the cranes as we will not have the accessibility on the Porto Bellagio side.
Public Speakers: Bob McSweeny
Commissioner Aelion added that this proposed bridge started about 11 years ago and the
initial proposed expenditure on this capital fund was around$3.5 Million,and now it is more
than doubled. City Manager Russo said$12 Million is the current estimate to complete this
project. Commissioner Levin asked when this contract goes into effect, when is the first
payment due? City Attorney Ottinot said that the City Manager and Capital Projects
Manager Elka Linton-Dorsett will negotiate that,the contractor is now working on a different
project. City Manager Russo said Bob McSweeny is here with Calvin Giordano &
Associates who is working on the project with us. He doesn't know if he can give a specific
timeframe right now when we would actually be ready for a Notice to Proceed. His initial
reaction is January 2016 as we have to do the design first.
Bob McSweeney said we have a number of challenges for this bridge to keep going initially.
Before you tonight is the proposal to allow our company and sub-contractor to go ahead and
do the revised design which will allow the construction of the bridge to come from the north
to the south due to the limited constraints and space we have. Mr. McSweeney said with that
we will have to renegotiate with the contractor these additional changes. We don't feel we
have significant permitting to redo but we do have to understand the contractor's schedule
who is currently working on one of the causeways. We will have to work with him to
negotiate his time and effort in order to bring his facilities and equipment to the project,and
so with that it is a little up in the air.
Commissioner Levin asked if there was any risk once we start building the bridge that it
won't get finished? Mayor Scholl said no, not once we start building. City Manager Russo
said not unless we get stopped legally somewhere along the line.
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2491 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, Ratifying
the Agreement between Miami-Dade County and Sunny Isles Beach for Sanitary Sewer
Facilities at Gateway Park,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 City Manager Russo reported this is to extend
the Sewer Agreement that our contractor for Gateway as it has got a timeframe in it. The
term of the Agreement had to be extended in order for the contractor to start or finish the
sewer line connections within the timeframe of the Agreement, and so we were able to
negotiate an extension with WASA.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2492 was adopted by a voice vote of 5-0 in favor.
25
Summary Minutes:Regular City Commission Meeting November 19,2015 City of Sunny Isles Beach,Florida
10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving
the Second Amendment to the Agreement with Enviro Waste Services Group, Inc. for
Storm Water Management System Preventative Maintenance Services, in an Amount
Not to Exceed $200,000.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to
Execute Said Second Amendment to the Agreement;Authorizing the City Manager to Do All
Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title,and City Manager Russo reported this is the second
year of a five-year contract. They have done a good job for us,they are not only cleaning out
over 500 neglected storm lines and catch basins, they are also providing us with camera
service and professional advice which is helping us plan our storm drainage projects that we
have in the works and in our budget.
Public Speakers: None
Commissioner Aelion asked what happened to the private property, that was tabled at the
time it was floating as far as some final direction in which the Code Enforcement could act in
the sense of the height of the water before the citing process would actually commence? City
Manager Russo said that is not related to this item but we made some citations in the recent
storms we had. We don't have it yet because we didn't put the measurement in, and
Commissioner Aelion said you left it open. City Manager Russo said yes, and he asked
Deputy City Manager Morris if we had some new violations running since the last rain?
Deputy City Manager Morris said we issued a couple of$500 and $1,000 fines for that.
Vice Mayor Gatto moved and Commissioner Goldman seconded a motion to approve the
resolution. Resolution No. 2015-2493 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,Approving a
Utility Easement Granted by Plaza of the Americas Club Inc. Condominium
Association for the Gateway Park Pedestrian Elevated Bridge,in Substantially the Same
Form 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 City Manager Russo reported this was an
additional small easement that was overlooked to make the electrical connection to the FPL
vault that is on the Plaza property.
Public Speakers: None
Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the
resolution. Resolution No. 2015-2494 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,Approving
the Fourth Amendment to the Agreement with Calvin, Giordano & Associates, Inc: to
Provide Services Relating to the Pedestrian and Emergency Bridge,in an Amount Not to
Exceed$77,652.75,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's Note: Related Item 101 was heard with this item.] City Clerk Hines
26
Summary Minutes:Regular City Commission Meeting November 19,2015 City of Sunny Isles Beach,Florida
read the title, and City Manager Russo reported.
Public Speakers: Bob McSweeny
Commissioner Aelion moved and Vice AMayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2495 was adopted by a voice vote of 5-0 in favor.
ION. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Confirming
the Balance of Transfer of Development Rights ("TDRs") Currently Held in the TDR
Bank Accounts by the City of Sunny Isles Beach and Private Owners,Attached Hereto
as Exhibit "A"; Requiring Yearly Updates for TDR Bank Accounts; Providing the City
Manager with the Authority to Do All Things Necessary to Effectuate this Resolution;
Providing for an Effective Date.
Action: City Clerk Hines read the title, and Planning and Zoning Administrator Claudia
Hasbun reported noting that the TDRs approved tonight [Item 100] is not included in this
report. Basically the account will go down to 655,160 square feet, and to 334 units and so
that will be the remainder of the TDR Bank for the City Bank if we don't add any other
properties into the bank. With an increase in the gross area because we acquired the property
at 15800 Collins Avenue. The first page.of the report lists all the properties that are part of
the Bank. She will be reducing that number due to the Varadero/LaPlaya TDRs
Public Speakers: None
Commissioner Goldman moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2496 was adopted by a voice vote of 5-0 in favor.
[City Clerk's Note: Item 100 was heard after related Item 6A.]
100. 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 283,485 Square Feet of
Floor Area (FAR) and 119 Dwelling Units to La Playa Beach Associates, LLC for the
Property Located at 18801 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: Item 100 was heard after Item 6A.]City Clerk Hines read the
title,and Planning and Zoning Administrator Claudia Hasbun clarified that it is 120 dwelling
units to be deducted from the TDR Bank but 119 dwelling units to be assigned to the project.
Public Speakers: None
Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the
resolution. Resolution No. 2015-2497 was adopted by a voice vote of 5-0 in favor.
[City Clerk's Note: After a short recess, Item 7A was heard after Item 100.]
27
Summary Minutes:Regular City Commission Meeting November 19,2015 City of Sunny Isles Beach,Florida
11. MOTIONS
None
.12. DISCUSSION ITEMS
None
I
13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
14. ADJOURNMENT
. . Commissioner Aelion moved and Commissioner Goldman seconded a motion to adjourn the
Ch eetiing' and Mayor Scholl adjourned it at 9:23 p.m.
ff"u Q / }- fC .-*,
,eRespectfully submitted by Appr ed by t e City Commission on Dec. 17, 2015
o tti:. ,-':: "1 t L .t
�. A r\
• Jane A. Hines;=MMC, City Clerk George . Scholl, Mayor
•
28
1
Item Coversheet Page 1 of 1
1 o4,.NN \@ City of Sunny Isles Beach
c,'' = 18070 Collins Avenue
Sunny Isles Beach,Florida 33160
i,...'•.F{�o°oc'a,,,' (305)947-0606 City Hall
''o.,ow'' (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: 12/17/2015
RE: Summary Minutes for the November 19, 2015 City
Commission Meeting
•
RECOMMENDATION:
Attached for your consideration are the Summary Minutes for the
Regular City Commission Meeting held on November 19,2015.
REASONS:
N/A
ATTACHMENTS:
Description
Summary Minutes
Item Number:3.B.
http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1806 12/8/2015