CITY OF SUNNY ISLES BEACH, FLORIDA

City Commission Meeting David P. Samson Commission Chambers

18070 Collins Avenue• Sunny Isles Beach, Florida 33160

Thursday, June 18, 2014 – 6:30 p.m.

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, Commissioner Jennifer Levin

  1. City Commission Meeting David P. Samson Commission Chambers
    18070 Collins Avenue• Sunny Isles Beach, Florida 33160
    Thursday, June 18, 2014 – 6:30 p.m.
    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, Commissioner Jennifer Levin
    CALL TO ORDER / ROLL CALL OF MEMBERS
    2. PLEDGE OF ALLEGIANCE / INVOCATION
    3. APPROVAL OF MINUTES
    3A. Regular City Commission Meeting – May 21, 2015.
    4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
    4A. Request to Hear Items.
    5. SPECIAL PRESENTATIONS None
    6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. Please be advised that the following items on the Commission Agenda are Quasi-Judicial in nature. If you wish to object or comment upon these items, please complete a Public Speaker’s Card indicating the agenda item number on which you would like to comment. You must be sworn before addressing the Commission and you may be subject to cross-examination. If you refuse to submit to cross-examination, the Commission will not consider your comments in its final deliberation. Please also disclose any Ex-Parte communications you may have had with any Commission member. Commission members must also do the same pursuant to Ordinance No. 97-4.
    6A.
    Request of Corner House, LLC for a Commercial Office Tower on Property Located at 18590 Collins Avenue for the Following: (Hearing #PZ2015-09)
    Summary:
    The Applicant is seeking approval of a site plan application for a 17-story commercial office tower. The Applicant has submitted two site plan options. Option One consists of the 17-story commercial office tower with 58,551 square feet of floor area ratio (FAR); whereas Option Two consists of the 17-story commercial office tower with 48,778 square feet of floor area ratio (FAR). The Applicant is requesting permission to purchase 9,239 square feet of floor area and five (5) dwelling units from the City’s Transfer of Development Rights Bank (“TDR Bank”) to be assigned to Option One for a total of 58,551 square feet and zero (0) units. Additionally, the Applicant is requesting approval of the use of mural and graphics on temporary construction fencing.
    Option One Requests:
    Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting site plan approval for Option One which is a 17-story office tower with a total Floor Area Ratio (FAR) of 58,551 square feet.
    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 9,239 square feet of floor area and zero (0) dwelling units in conjunction with Option One. If the TDR application is approved by the City Commission, an adjustment will be made for a decrease 9,239 square feet of floor area and five (5) dwelling units in the City’s TDR Bank.
    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.
    Option Two Requests: Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a site plan approval for Option Two which is a 17-story office tower with a total Floor Area Ratio (FAR) of 48,778 square feet.
    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.
    (Hear in Conjunction with Item 10E)
    i. Development Review Report.
    ii. Report from Applicant.
    iii. Public Hearing.
    iv. Commission Action. Protests 0 Waivers 0 Ex Parte 0
    7. ORDINANCES FOR FIRST READING
    7A.
    An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-5 of the City Code Entitled “Definitions” to Clarify the Meaning of Height; Providing for Severability; Providing for Repeal of Conflicting Provisions; Providing for Inclusion in the Code; and Providing for an Effective Date
    1. Report of City Attorney.
    2. Recommendation: Adopt the Ordinance on first reading and schedule a hearing for second and final reading.
    8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None
    9. ORDINANCES FOR SECOND READING (Public Hearings)
    Sitting in as the Local Planning Agency and the City Commission, to Consider the Following Ordinance Amending the Land Development Regulations (LDRs):
    9A.
    A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida, Recommending to the City Commission of Sunny Isles Beach the Approval of the Ordinance Amending Section 265-46(17) to Clarify the Size Requirement for Mechanical Parking Stalls; Providing for an Effective Date.
    1. Recommendation: Adopt the Resolution.
    9A.
    1 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.
    (First Reading 05/21/15)
    1. Report of City Attorney.
    2. Recommendation: Adopt the Ordinance.
    9B.
    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. (First Reading 05/21/15)
    1. Report of City Attorney.
    2. Recommendation: Adopt the Ordinance.
    9C.
    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 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.
    (First Reading 05/21/15)
    1. Report of City Attorney.
    2. Recommendation: Adopt the Ordinance.
    10.
    RESOLUTIONS
    10A.
    A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Donation of Surplus Computer Equipment to Big Brothers Big Sisters of Greater Miami and South Florida Digital Alliance; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
    1. Report of Chief Information Officer.
    2. Recommendation: Adopt the Resolution.
    10B.
    A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Safeware, Inc. to Install and Maintain Security, Access Control, and Network Connectivity at Gateway Park, in an Amount Not to Exceed $207,560.46, 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.
    1. Report of Chief Information Officer.
    2. Recommendation: Adopt the Resolution.
    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 GHA Technologies, Inc., in an Amount Not to Exceed $30,164.00, with a Total Amount Not to Exceed $47,141.91 for Fiscal Year 2014/2015; Authorizing the City Manager to Do All Other Things Necessary to Effectuate this Resolution; Providing for an Effective Date
    1. Report of Chief Information Officer.
    2. Recommendation: Adopt the Resolution.
    10D.
    A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Request Submitted by Sunny Isles Beach Foundation to Approve the Temporary Use of a Wall to Create an “Art Wall” Located at the West Side of the 18090-18230 Collins Avenue RK Shopping Center; Providing the City Manager and City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
    1. Report of Planning and Zoning Administrator.
    2. Recommendation: Adopt the Resolution.
    10E.
    A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, to Consider the Sale of Transfer of Development Rights (TDRs) from the City’s TDRs Bank; in the Amount of 9,239 Square Feet of Floor Area (FAR) and Five (5) Dwelling Units to Corner House, LLC for the Property Located at 18590 Collins Avenue from the City’s TDR Bank Account; Directing the Zoning Administrator or their 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. (Hear in Conjunction with Item 6A)
    1. Report of Planning and Zoning Administrator.
    2. Recommendation: Adopt the Resolution.
    10F.
    A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Waiver of Plat Application for the Property Located at 151-287 Sunny Isles Boulevard Commonly Known as Gateway Park; 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.
    1. Report of Planning and Zoning Administrator.
    2. Recommendation: Adopt the Resolution.
    10G.
    A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Creation of a Transfer of Development Rights (“TDRs”) Sub-Account in the Amount of 19,287 Square Feet of Floor Area and Nine (9) Dwelling Units in Favor of St. Tropez Beach Developers, LLC. et. al.; Directing the Zoning Administrator or their Designee to Bank the TDRs in a Private TDRs Sub-Account with Certain Conditions; 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.
    1. Report of Planning and Zoning Administrator.
    2. Recommendation: Adopt the Resolution.
    10H.
    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) to Purchase Document Scanners, UHF Radios and Accessories, Televisions/Monitors, a Forensic Data Extraction Solution, and Other Permissible Items Listed on the Attached Certification, in an Amount Not to Exceed $27,100; Providing for an Effective Date.
    1. Report of Police Chief and Police Captain.
    2. Recommendation: Adopt the Resolution.
    10I.
    A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement by and Between Ronald L. Book, Esq. and the City of Sunny Isles Beach for Professional Legislative Relations and Lobbying Services, in a Total Amount Not to Exceed $62,500.00, Effective from July 1, 2015 through June 30, 2016, 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.
    1. Report of City Manager.
    2. Recommendation: Adopt the Resolution.
    10J.
    A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Accepting a Donation of Two (2) Cast Aluminum Bird Sculptures from Commissioner Isaac Aelion; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
    1. Report of City Manager.
    2. Recommendation: Adopt the Resolution.
    10K.
    A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Change Order No. 2 to the Agreement with PAC Comm Inc. for Concrete Debris Removal and DERM Permitting Delays for the Intracoastal Seawall Emergency Repair Project, in an Amount Not to Exceed $63,649.45, Attached Hereto as Exhibit “A”; Authorizing the City Manager to Do
    All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
    1. Report of Public Works Director.
    2. Recommendation: Adopt the Resolution.
    10L.
    A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Mansfield Oil Company for the Purchase of Diesel Fuel for the 2,000-Gallon Above Ground Tank Located on the Southwest Portion of Government Center, in an Amount Not to Exceed $108,000.00 Annually; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
    Report of Public Works Director.
    2. Recommendation: Adopt the Resolution.
    10M.
    A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Accepting a Perpetual Easement Agreement from the State of Florida Department of Transportation (FDOT) for the Purposes of Constructing, Operating and Maintaining the Sunny Isles Beach Pedestrian Bridge at Gateway Park, in Substantially the Same Form Attached Hereto as Exhibit “A”; Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
    1. Report of Public Works Director.
    2. Recommendation: Adopt the Resolution.
    10N. A
    Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Witt O’Brien’s, LLC. for Emergency Debris Monitoring Management Services, Attached Hereto as Exhibit “A”; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective Date.
    Report of Public Works Director.
    Recommendation: Adopt the Resolution.
    10O.
    A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Second Amendment to the Agreement with R.J. Behar & Company, Inc. to Provide Additional Engineering and Architectural Services for Samson Oceanfront Park, in an Amount Not to Exceed $14,400, Attached Hereto as Exhibit “A”; Authorizing the Mayor to Execute Said Amendment to Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.
    1. Report of Public Works Director.
    2. Recommendation: Adopt the Resolution.
    10P.
    A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Third Amendment to the Agreement with John Churchill for Fleet Maintenance, Repair Services, and Preventative Maintenance to City- Owned Buses, in an Amount Not to Exceed $37,500.00, 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.
    1. Report of Public Works Director.
    2. Recommendation: Adopt the Resolution.
    10Q.
    A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Fourth Amendment to the Agreement with Unique Charters for Transportation Services-Motor Coach Rental, in an Amount Not to Exceed $50,000.00, 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.
    1. Report of Cultural and Community Services Director.
    2. Recommendation: Adopt the Resolution.
    11. MOTIONS None
    12. DISCUSSION ITEMS
    12A. Discussion regarding the Skate Park by Vice Mayor Jeanette Gatto.
    13. CITIZENS’ FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS
    14. ADJOURNMENT
    In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the City Clerk at (305) 947-0606, no later than 48 hours prior to such proceeding. Anyone wishing to obtain a copy of any agenda item may contact the City Clerk at (305) 947-0606.
    Anyone wishing to appeal any decision made by the City of Sunny Isles Beach with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

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