2011-0421 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting April 21, 2011 City of Sunny Isles Beach, Florida the 30 or 60 days is included in the 180 days, however you can still be looking for the restaurant because 6-months from today he would like to know if you have a restaurant signed up because if not we should have the opportunity to see where we are at, at the end of the six months as to whether or not we want to extend beyond that or look for a different alternative. Mr. Schulman said the only caveat that he would give is that from their experience, they have learned that without a signed contract with the City many vendors will not even speak to you, and so they will really try to make that 180 days, and they will keep the City informed of every contact they have with every vendor during that period of time, and in fact may even solicit the City's assistance in finding a vendor, and Mayor Edelcup said we would be more than happy to work with you on that. Commissioner Scholl said in Joe Milton's defense, if we want a national tenant like we are talking about, he thinks that Mr. Milton can show some substantial negotiations with some tenant because they are hard to get to the table, and even harder to commit because they want all kinds of studies, etc., and so it might be impractical to hold Mr. Milton to his tenant to sign within six months, he knows they will do everything they can to get him to sign but he doesn't want to make that a condition here tonight because if we do, there is a good chance that it might not happen. Mayor Edelcup said that was not his intent, basically that this cannot meander on forever, and ifwe are going to be hitting our heads against the wall, the best time to stop is after six months. Mr. Schulman said that they have already started those discussions with a vendor because they wanted to test the water to see whether or not there was interest out there, and so they will make a good faith expedited effort to move this thing substantially forward within the 180 days. Mayor Edelcup said as you indicated we are partners on this deal, and so we want this project to succeed as much as you do, we will be there to help sell the City to any restaurant that you feel it would be helpful for us to be there, the City Manager and staff would be available to do that as well. City Attorney Ottinot asked for a motion to direct staff to negotiate with 4M Investment based on this concept and to bring back an agreement to the Commission in 30 to 60 days. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to go forward with the proposed proposal. The motion was approved by a voice vote of 5-0 in favor. [City Clerk's Note: This motion was turned into a Resolution and added as Item lOP.] 12B. Discussion regarding the Sound Study for Skate Park. Action: Acting City Manager Vera reported and noted that Jeffrey Fuller of Kimley-Horn and Associates, who did the Noise Assessment, is here via conference call. Acting City Manager Vera said the conclusion of the sound study was that the sound exceeded the 60 decibels (dcb's) and there is a chart within the report. The additional sound level measurements are from 68 to 80, and he included recommendations as to what can be done. Public Speakers: Jeffrey Fuller, Kimley-Horn & Assoc.; Rachel Beyda; Jaclyn Matitydru; Commissioner Gatto asked Jeff Fuller to describe how decibels and the levels work, and he said that the decibels for this study was done based on the air wave sound scale (logarithmic) which is the scale of how it is actually heard at the low and high end of frequency. The sound level for one skater from Winston Towers 300 and 600 is 60 deb's, and with two IS