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HomeMy WebLinkAbout2013-1121 Regular City Commission MeetingSUi\Ib1ARY MINUTES Regular City Commission Meeting Thursday, November 21.2011 6:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS. COMMITTEES OR THE CITI' COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER / ROLL CALL OF NIENIBERS The meeting was called to order by Mayor Edelcup at 6:30 p.m. with the following officials present: Mayor Norman S. Edelcup City Manager Christopher J. Russo Vice Mayor Isaac Aelion City Attorney Flans Ottinot Commissioner Jeanette Gatto City Clerk Jane A. Hines, MNIC Commissioner Jennifer Levin Deputy City Manager Stan Morris Commissioner George `Bud" Scholl Deputy City Attorney Fernando Amuchastegui 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Commissioner Levin led the Pledge of Allegiance to the flag. and City Historian Richard C. Schulman gave the invocation. Mayor Edelcup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting — October 17. 2013. Action: Commissioner Scholl moved and Vice Mayor Aelion 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; Additional Information: Item IOP. Photo of Decorative Sign and Post: Revision: Item IOIV. First Amendment and Consent to Assignment. Action: Mayor Edelcup noted the above changes to the agenda. Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the above changes to the agenda. The motion was approved by a voice vote of 5 -0 in favor. Summary Minutes: Regular City Commission Meeting November 21, 2013 City of Sunny Isles Beach. Florida 5. SPECIAL PRESENTATIONS 5A. City Commission Employee Recognition Award Program: Certificates of Appreciation to be Presented to the Following City Employees: Helen Gray; Yasminia Essabba, and Darrin Graumann. Action: Mayor Edelcup reported that Helen Gray, City Engineer, Yasminia Essabba, Permit and Licensing Clerk. and Darrin Graumann. Events Coordinator. went above and bevond the call of duty in the performance of their duties. Mayor Edelcup and the City Commission presented them each with a Certificate of Appreciation and noted that each recipient will receive a $100 check. 5B. Announcement by Police Chief of Police Promotions. Action: Chief Fred Maas announced the Promotion of Corporal Ruben Zamora to Sergeant. Sergeant Zamora is a 15 -year veteran of the Police Department, and with this promotion he is on a one -year probation to prove himself in this position. Sergeant Zamora thanked the Chief and the Commission and introduced his family in the audience. Chief Maas noted that this is one of the few agencies where we actually have a father /son combination, and both are highly respected and appreciated in the community. The City Commission congratulated Sergeant Zamora. 6. ZONING: -ZONING HEARINGS ARE QUASI - JUDICIAL PUBLIC HEARINGS. None ORDINANCES FOR FIRST READING None 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None Summary Minutes: Regular City Commission Meeting November 21, 2013 City of Sunny Isles Beach, Florida 9. ORDINANCES FOR SECOND READING (Public Hearings) Sitting in as the Local Planning Agency and the City Commission, to Consider the Following Ordinance Amending the Land Development Regulations (LDRs): 9A. A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida. Recommending to the City Commission of Sunny Isles Beach, the Ordinance Amending Chapter 265 "Zoning' Section 265 -38 of the City Code to Establish Gaming Facilities and Bingo Halls as Conditional Uses within the "Business Overlay District'. Attached as Exhibit "A"; Providing for an Effective Date. Action: City Clerk Hines read the title. and City Attorney Ottinot reported. Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the Resolution. LPA Resolution No. 2013 -79 was adopted by a vote of 5 -0 in favor. 9A.1 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 265 "Zoning' Section 265 -38 of the City Code to Establish Gaming Facilities and Bingo Halls as Conditional Uses within the "Business Overlay District ": Providing for Severability; Providing for Repeal of Conflicting Provisions; Providing for Inclusion in the Code; and Providing for an Effective Date. (First Reading ]0/17/13) Action: City Clerk Hines read the title, and Mayor Edelcup reported that this Ordinance creates the Commission the opportunity to have Conditional Use approval if a gaming or gambling facility was to be located within our City. Public Speakers: None Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to adopt the Ordinance on second reading. Ordinance No. 2013 -416 was adopted by a roll call vote of 5 -0 in favor. Vote: Commissioner Gatto ves Commissioner Levin ves Commissioner Scholl ves Vice Mayor Aelion ves Mavor Edelcup ves 9B. An Ordinance of the City Commission of the City of Sunny Isles Beach; Florida, Amending Ordinance No. 2013- 412; Amending the City's Budget No. BA 1314 -02 for the 2013 -2014 Fiscal Year— General Fund, Street Maintenance S Construction Fund, Building Fund, Capital Fund, 2011 Capital Fund, 2010 Capital Fund, and Stormwater Capital Fund; Authorizing the City Manager to Do All Things Necessary to Implement the Terms and Conditions of this Ordinance: Providing for an Effective Date. (First Reading 10/17/13) Action: City Clerk Hines read the title. Public Speakers: None Summan. Minutes: Regular City Commission Meeting November 21, 2013 City of Sunny Isles Beach. Florida Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to adopt the Ordinance on second reading. Ordinance No. 2013 -417 was adopted by a roll call vote of 5 -0 in favor. Vote: Commissioner Gatto yes Commissioner Levin yes Commissioner Scholl yes Vice Mayor Aelion yes Mayor Edelcup yes 9C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida. Amending Chapter 129 of the City Code Entitled "Communication Facilities" to Prohibit the Installation of Wireless Telecommunication Antennas or Facilities on the Exterior Wall of any Building or Structure; Providing for Severability; Providing for Repeal of Conflicting Provisions; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 10/17/13) Action: City Clerk Hines read the title, and Commissioner Levin reported. Public Speakers: None Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to adopt the Ordinance on second reading, as amended. Ordinance No. 2013 -418 was adopted by a roll call vote of 5 -0 in favor. Vote: Commissioner Gatto yes Commissioner Levin yes Commissioner Scholl yes Vice Mayor Aelion L Mayor Edelcup yes 10. RESOLUTIONS 10A. A Resolution of the City Commission of the City of Sunny Isles Beach. Florida. Declaring Isaac Aelion as Vice A4a }'or; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Edelcup reported. Public Speakers: None Commissioner Scholl moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2013 -2141 was adopted by a voice vote of 5 -0 in favor. 4 Summary Minutes: Regular City Commission Meeting November 21. 2013 Cite of Sunny Isles Beach, Florida 10B. A Resolution of the City Commission of the Cite of Sunny Isles Beach, Florida. Supporting the Installation of Fiber Optic Cable for Public Use in the Florida East Coast Rail Corridor: Urging All Municipalities of Miami -Dade County to Support the Installation of Fiber Optic Cable for Public Use in the Florida East Coast Rail Corridor; 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 Senior IT Analyst Humberto Yiartinez reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2013 -2142 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 Mayor to Apply For; Receive and Expend Grant Funds from the Miami -Dade County. Federal Funds, Edward Byrne Nlemorial Justice Assistance Grant (JAG) Program — American Recovery & Reinvestment Act of 2009, in the Amount of 53;069.00; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution: Providing for an Effective Date. Action: City Clerk Hines read the title, and Police Captain Michael Grandinetti reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2013 -2143 was adopted by a voice vote of 5 -0 in favor. 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida: Approval to Expend Up to 534,200.00 to Peterson's Harley- Davidson of Miami, LLC, for the Second Year of an Existing 2 -Year Contract for the Lease of Up to Six (6) Police Motorcycles and Accessories. 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 Police Captain Michael Grandinetti reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2013 -2144 was adopted by a voice vote of 5 -0 in favor. Summary Minutes: Regular City Commission Meeting November 21, 2013 City of Sunn}, Isles Beach, Florida 10E. A Resolution of the City Commission of the City of Sunny Isles Beach; Florida. Ratifying Approval of Change Order to the Agreement with Iron Sky, Inc. for Two (2) Camera Upgrades for the Automated License Plate Recognition System (ALPR), in an Amount Not to Exceed $4.940.00. Attached Hereto as Exhibit "A ": Authorizing the Cite 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. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2013 -2145 was adopted by a voice vote of 5 -0 in favor. 1017. 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. to Expend up to S25,000.00 from the Federal Forfeiture (DOJ) Funds for the Purchase of Miscellaneous Technology Equipment for Law Enforcement/Investigative Purposes to be Used by the DEA/HIDTA Program; Providing for an Effective Date. Action: City Clerk Hines read the title; and Police Captain Michael Grandinetti reported. Public Speakers: None Commissioner Gatto moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2013 -2146 was adopted by a voice vote of 5 -0 in favor. 10G. A Resolution of the City Commission of the City of Sunny Isles Beach. Florida. Approving an Interlocal 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 for Fiscal Year 2013 /2014; Authorizing the Mayor to Execute 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 Attorney Ottinot reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2013 -2147 was adopted by a voice vote of 5 -0 in favor. Summm. Minutes: Regular City Commission Meeting November 21, 2013 City of Sunny Isles Beach. Florida 10H. A Resolution of the City Commission of the City of Sunny Isles Beach. Florida. Approving a Consultant Agreement with Bell David Planning Group, for Planning and Zoning Review Services, in an Amount Not to Exceed S45,000.00, Attached Hereto as Exhibit "A".. Authorizing the Mayor to Execute Said Agreement: Providing the City Manager and the City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution: Providine for an Effective Date. Action: City Clerk Hines read the title. and City Planner Claudia Hasbun reported noting that most of these fees are cost recovery from the developers. Public Speakers: None Commissioner Levin moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2013 -2148 was adopted by a voice vote of 5 -0 in favor. 101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida. Approving an Extension for the Useful Life of Development Rights Owned by Regalia Beach Developers, LLC, Providing that Required Annual Payments are Made to Preserve Such Rights: 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 City Planner Claudia Hasbun reported. Public Speakers: None Commissioner Scholl moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2013 -2149 was adopted by a voice vote of 5 -0 in favor. 101 A Resolution of the City Commission of the City of Sunny Isles Beach, Florida. Authorizing the City Manager to Utilize Prequalified Consultants to Provide Professional Engineering and Surveying Services for Various City Projects with Each of the Following Consultants: CES Consultants. Calvin Giordano and Associates. Bermello Ajamil & Partners. Inc., and RJ Behar & Company, Inc. for Fiscal Year 2013/2014. in an Amount Not to Exceed $ 100,000.00 in Aggregate per Each Firm: Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution: Providing for an Effective Date. Action: City Clerk Hines read the title. and City Engineer Helen Gray reported noting that any contract in excess of $25.000 will be brought back to the Commission for individual approval. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2013 -2150 was adopted by a voice vote of 5 -0 in favor. Sumrn q' \Minutes: Regular City Commission Meeting \ovember 21, 2013 Cim or Sunn}' Isles Beach, Florida I OK. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida. Granting an Easement to Florida Power and Light (FPL) to Allow for the Undergrounding of the Overhead Wires on the South Side of Poinciana Drive from Collins Avenue to the Water (ICW 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 Engineer Helen Gray reported. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2013 -2151 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 an Agreement with RJ Behar S Company, Inc. to Provide a Design- Criteria Package for the Pedestrian Overpass Bridge at Gateway Park, in an Amount Not to Exceed $44.900.00. 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 City Engineer Helen Gray reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2013 -2152 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 Third Amendment to the Agreement with Lukes- Sawgrass Landscaping, Inc. for Landscaping Services for Capital Projects, in an Amount Not to Exceed S120,000.00, Attached Hereto as Exhibit "A",- Authorizing the Mayor to Execute Said Amendment; 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 Engineer Helen Gray reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2013 -2153 Nvas adopted by a voice vote of 5 -0 in favor. M Summary Minutes: Regular City Commission Meeting November 21. 2013 City of Sunny Isles Beach. Florida ION. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida. Ratifying a Miami -Dade County Class One Permit for the Construction of an Emergency/ Pedestrian Bridge Connecting North Bay Road Between 172nd and 174'h Streets, Attached Hereto as Exhibit "A ": Further. RatiNing a Restrictive Covenant in Favor of Miami -Dade County; Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title. and Assistant City Manager Bill Evans reported noting that this item will be heard on December 3, 2013 at the Miami -Dade County Commission meeting. Public Speakers: None Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2013 -2154 was adopted by a voice vote of 5 -0 in favor. 100. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida. Approving the Purchase of Diesel Fuel from Macmillan Oil Company of Florida, Inc., for the 2,000 - Gallon Above Ground Tank Located on the Southwest Portion of Government Center, in an Amount Not to Exceed 570.000.00 Annually; 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 Assistant City Manager Bill Evans reported. Public Speakers: None Commissioner Levin moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2013 -2155 was adopted by a voice vote of 5 -0 in favor. IOP. A Resolution of the City Commission of the City of Sunny Isles Beach. Florida. Awarding Bid No. 13 -10 -01 to Graphplex Signs for the Purchase of 200 Decorative Street Signs and Posts, in an Amount Not to Exceed 594.000.00. Attached Hereto as Exhibit "A ": Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution: Providing for an Effective Date. Action: [City Clerk's Note: A picture ofihe decorative sign and post was distributed prior to the meeting.] City Clerk Hines read the title, and Assistant City Manager Bill Evans reported in 2009 we had a decorative street sign project and we haven't done amnhing since then. There is an area in the central part of the City, a little to the north and to the south where we have gaps. He noted that Public Works will be installing these posts and signs. City Manager Russo said this is major catch -up work as somewhere along the line the program stopped and we are filling in the gaps. That is why we have these steel poles on some street signs without the black frames around them, and we have two- thirds of the City with the decorative streetscape poles and signs. Public Speakers: None Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2013 -2156 was adopted by a voice vote of 5 -0 in favor. V Summary Minutes: Regular City Commission Meeting November 21, 2013 City or Sunny Isles Beach. Florida 10Q. A Resolution of the City Commission of the City of Sunny Isles Beach. Florida. Approving the First Amendment to Agreement with The Goodyear Tire R Rubber Co. for Fleet Maintenance and Repair Services. in an Amount Not to Exceed 560,000.00. Attached Hereto as Exhibit "A".- Approving the Purchase of Tires in an Amount of S 10,000.00. for a Total Amount Not to Exceed of 570,000.00; 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 Assistant City Manager Bill Evans reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2013 -2157 was adopted by a voice vote of 5 -0 in favor. 10R. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the First Amendment to Agreement with John Churchill for Fleet Maintenance and Repair Services to Provide Heating and Air Conditioning Services to City -Owned Buses, in an Amount Not to Exceed 530,000.00, Attached Hereto as Exhibit "A'; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager Bill Evans reported. Public Speakers: None Commissioner Levin moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2013 -2158 was adopted by a voice vote of 5 -0 in favor. 10S. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Letter Agreement with Jay Carroll of Carroll Electric Authorizing the Spending Authority to Provide Electrical Consulting Services, in an Amount Not to Exceed 5100.000.00. Attached Hereto as Exhibit "A "; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title. and Assistant City Manager Bill Evans reported noting last year Jay Carroll was a temporary employee of the City, and we have elected to work on a Consultant Agreement with Mr. Carroll in order to realize greater cost savings for the City. The City is his number one client and whenever we need him he will be here. Public Speakers: None Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2013 -2159 was adopted by a voice vote of 5 -0 in favor. 119 Summary Minutes: Regular City Commission Meeting November 21. 2013 City of sunny Isles Beach. Florida 1 OT. A Resolution of the City Commission of the City of Sunny Isles Beach. Florida, Authorizing the Purchase of Parts and Supplies from W.W. Grainger, Inc. for the Maintenance of the Government Center, Streets, and Parks. in an Amount Not to Exceed 536.000.00; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution: Providing for an Effective Date. Action: City Clerk Hines read the title. and Assistant City Manager Bill Evans reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2013 -2160 was adopted by a voice vote of 5 -0 in favor. IOU. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida. Ratifying an Agreement to Retain the Services of the Law Firm of GrayRobinson, P.A. and Specifically Bradley Gould, Esq. to Handle All Litigation Nlatters Relating to the Acquisition of Certain Property Owned by Plaza of Americas. Attached Hereto as Exhibit "A ": Authorizing the City Attorney to Do All Things Necessary to Effectuate this Resolution: Providing for an Effective Date. Action: City Clerk Hines read the title. and City Attorney Ottinot reported. He and the City Manager have met with representatives of Plaza of Americas several times and unfortunately they have not reached an agreement for use of the property for the pedestrian overpass bridge to connect Gateway Park to the north side of SR836 west. Plaza of Americas has hired an eminent domain attorney, and right now we have no choice but to move forward and try to acquire that property through eminent domain. Public Speakers: None Commissioner Levin moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2013 -2161 was adopted by a voice vote of 5 -0 in favor. l OV. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida. Ratifying the Sublease Agreement between the City of Sunny Isles Beach, American Federated Title Corporation, as Trustee Under Florida Land Trust 43258, and Beach Bar @ Newport Pier, LLC, or Assignee, a Florida Limited Liability Company, for Nlanagement of Restaurant Operations at the Pier, Attached Hereto as Exhibit "A"; Providing the City Manager and the City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution: Providing for an Effective Date. Action: [City Clerk's !Vote: Items 101,' and I OW were heard together.] City Clerk Hines read the title. and City Manager Russo reported there were just a couple of minor word changes to the Sublease Agreement on the restaurant that the City approved at the previous City Commission meeting. The changes are on pages 1 and 2 of the Agreement. They wanted to clarify that they would use their best efforts to open by January 1. 2014. which may be unlikely based on permitting and the work they still have to do. However. their intention is to open as soon as they possibly can. The Agreement states the maximum time is an April Summary Minutes: Regular City Commission Sleeting November 21, 2013 City of Sunny Isles Beach. Florida an April 2014 date. Public Speakers: None Vice Mayor Aelion asked why they are insisting on putting a date on the completion of opening. City Manager Russo said that was their suggested date because they want to get open as soon as they possibly can and they wanted to make it clear that their best efforts are to open by January 1, 2014. Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2013 -2162 was adopted by a voice vote of 5 -0 in favor. 10W. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida. Approving the First Amendment and Consent to Assignment between the City of Sunny Isles Beach, Florida, American Federated Title Corporation, as Trustee Under Florida Land Trust #3258, and Beach Bar @ Newport Pier, LLC, a Florida Limited Liability Company, for Management of the Pier, in Substantially the Same Form Attached Hereto as Exhibit "A ": Authorizing the Mayor to Execute Said First Amendment and Consent to Assignment; Providing the City Manager and the City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution: Providing for an Effective Date. Action: [City Clerk's Note: A revised "First Amendment and Consent to Assignment " Was handed o:u prior to the meeting. Items IWand I 01 were heard together.] City Clerk Hines read the title. and City Manager Russo reported noting two changes. The first change is to put in conformance as we did with the Sublease to add Quarterdeck which is Beach Bar n Newport Pier to the Agreement. The second change is to simplify how we deal with the proceeds from the Pier to split them 50/50 less the sales tax that must be paid by the entity who collects it. That may change from the Newport now to the Beach Bar people. Public Speakers: None Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the resolution as amended. Resolution No. 2013 -2163 was adopted by a voice vote of 5 -0 in favor. 11. MOTIONS !lone 12. DISCUSSION ITEMS 12A. Discussion by the City Advisory Committee (CAC) regarding an Electronic Entrance Sign. Action: City Clerk Hines read the title. and City Advisory Committee Chairperson Dana Goldman reported on behalf of the City Advisory Committee. At their recent meeting they talked about the possibility of electronic signs, and the Committee would formally like to recommend the installation of an electronic sign to notify the residents of events sponsored by the City. The Committee recognizes that the yard signs posted on various locations of the 12 summary Minutes: Regular City Commission Meeting November 21, 2013 City of Sunmv Isles Beach, Florida City have some benefit in informing residents of upcoming events but it still presents a litter issue. Having electronic signs, especially at the entryway to the City, where Gateway Park is planned, represents a more evolved and more sophisticated approach to the City. Public Speakers: None Mayor Edelcup said he spoke to the City Manager and requested that he study this issue because he knows we need to upgrade our sign situation. He would like the City Manager to work with Dana but keeping in mind that we did pass a Code that prevents the rolling kind of sign but we can have a static sign. We also have an Ordinance against billboards and so it can't be too big either. As to the yard signs, his own feeling is that we are going to have to leave those in the various neighborhoods because we have tested all kinds of ways of getting word out to our people. One or two signs on either end of the City doesn't do it but the neighborhood yard signs for the 3 or 4 days that they are up do. He would recommend that the City Manager consider keeping those signs but certainly the idea of more sophisticated signage is worthy of us looking into, particularly at each of the parks. He has asked the City Manager to look into it and to also keep the CAC informed on the progress. Certainly we appreciate the time and effort the Committee took to bring it to our attention. Vice Mayor Aelion asked the City Manager about the frame of the yard signs because they get bent by the wind. Will the frames be sturdier so that those signs will remain straight? City Manager Russo said one reason is the wind but we will do the best that we can. Sometimes the manufacturers make them that way on purpose so they will spring back up again. Commissioner Scholl said the sturdier signs are a lot more expensive, but he agrees with Dana. The FPL building would be a good spot for an electronic sign because as you come into the City it is right there. City Manager Russo said that would violate our billboard Ordinance, and Mayor Edelcup agreed, also people would be distracted reading it in traffic. Dana Goldman said one of the things they talked about at the Committee meeting was that signs blow in the wind and get knocked down, aesthetically it doesn't look good. City Manager Russo suggested keeping the yard signs on the residential streets where they are most effective, and ban them from Collins Avenue and Sunny Isles Boulevard. Mayor Edelcup asked the City Manager to come up with a plan and report back to the Commission. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. Noise at Skateboard Park: Ellis Beyda asked what the status is on the Skateboard Park. City Manager Russo said at this time we are not planning any changes to the Skateboard Park. From time to time we have limited the hours based on different circumstances and things that come up. We were studying replacing the shade cover that is there however the cost benefit of trying to put something up more substantial than the shade cover isn't there and we would have to change the entire structure. We have done a couple of things that have made some improvements: we filled all the metal railings with foam which has stopped the pinging sound coming out of the Park. We have also experimented with different surface treatments on the concrete area that is not designated for skateboarding. We had a couple of applications that were buffering type applications that would soften the sounds of the skateboards. We had some down, it peeled, we are still working on that and we still intend to_ put a better surface there that would quiet the skateboards. 13 FIA Summan. Minutes: Regular City Commission Meeting November 21. 2013 City of Sunny Isles [leach, Florida Public Speakers: Ellis Beyda: Ruth Matityahu; Rachel Bevda Ruth Matityahu, the new President of Winston Towers 600, said the skateboards are very noisy and bothering them a lot, they cannot sit in the pool, or on the balconies. People from all over are dropping their kids off with their skateboards. It is very noisy and the screaming is nonstop, particularly when the kids are on vacation. She asked the Commission ifthey can give them one day a week free, a Saturday or a Sunday, whatever it is would be great. Commissioner Gatto said this week in the Workshop she brought her iPad with an audio of what she had heard just sitting on her sofa inside her living room. She can't even begin to communicate what the noise is like. She knows that she personally can't take a phone call in her living room, nor can she watch television when her windows and doors are open. It is equivalent to living next door to a construction site with no end in sight, seven (7) days a week, (6) six to (8) eight hours a day, and with holidays coming and the schools closing, the hours of operation expands. She noted that 82% of the kids that skated there in 2012 were not our kids, and it was 80% the previous year. She doesn't think she can get through to the members of the Commission any more than she has tried. A couple of weeks ago some kids took an aluminum picnic table and put it up against one of the jumping bars to extend the jump. She called the City Manager who was going to send somebody right over but at that point it was 6:30 p.m. and the Skateboard Park closes at 7:00 p.m. One more point, a couple of Commission meetings ago two women came here very angry that the City built a door by a kiddie park in Golden Shores, and within a week or two it was taken care of. Rachel Beyda said it has been almost three (3) years and we are still in the same position and she still hears the banging every day and night and it is unbearable. She is 88 years old and she came to Florida to retire, to enjoy life, and she is aggravated every day. That is not fair, something should be done. Commissioner Gatto personally apologized to her as she feels awful and feels that she let her down because Ms. Bevda retired here, invested in Sunny Isles Beach, invested in Winston Towers for a southern exposure, only to have her world turned upside down years later. It is too expensive to cover it adequately, and it is clearly not going to be closed, and again the vendor with the kids with the aluminum benches did nothing about it because they feel empowered that it is never going to close. Mayor Edelcup said the problem is we can't make it go away. we have discussed this for three (3) years, we have tried to find solutions, and we keep comin, back to the same thing, it is what it is. If the Commission wants to close the Skateboard Park fine. if the Commission wants to keep it open that is fine too but there is no in- between anymore, that is the problem. 14. ADJOURNMENT Mayor Edelcup, adjourned the meeting at 7:20 p.m. Respectfully submitted by: �' , Approved by the City Commission on Dec. 19, M1.3 Jane A.,Hines,.MMC, Ci y,Clerk No an S. Edelcup, Mayor 4 Preview %c °�� -moo oQ�,,• a or sv� TO: VIA: FROM DATE: RE: Page 1 of I City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax MEMORANDUM The Honorable Mayor and City Commission Christopher J. Russo, City Manager Jane A. Hines, MMC, City Clerk 12/19/2013 Summary Minutes for the November 21, 2013 Regular City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the November 21, 2013 Regular City Commission Meeting. REASONS: N/A ATTACHMENTS: Summary Minutes http: / /sibagenda.sibfl. net /Agenda/ Preview. aspx ?ItemID = 1200 &aiilp :MeetingiD =O &amp:... 12/10/2013)