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HomeMy WebLinkAbout2019-0718 Regular City Commission Meeting • SUMMARY MINUTES Regular City Commission Meeting Thursday, July 18, 2019, 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 CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. 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 Larisa Svechin City Clerk Mauricio Betancur, CMC Commissioner Dana Goldman City Attorney Edward A. Dion Commissioner Alex Lama Deputy City Manager Stan Morris Commissioner Jeniffer Viscarra 2. PLEDGE OF ALLEGIANCE /INVOCATION Action: Sunny Isles Beach resident Roberto Rodriguez gave the pledge of Allegiance and Rabbi Baron gave the invocation. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting—June 20, 2019. Action: Commissioner Goldman moved,and Commissioner Viscarra 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) Revised Item: 10D.Memorandum of Understanding Between the City of Sunny Isles Beach and the American Flood Coalition;Addon Item: 10L. Agreement with Craven Thompson& Associates, Inc. to Provide Engineering Consulting Services for the Golden Shores Utility Undergrounding and Roadway Improvements Project;Addon Item: 10M. Agreement with Hardesty & Hanover, LLP, For Peer Review Services; Addon Item: 10N. Ratifying the Expenditure of Funds for the Acquisition of Easements for the Pedestrian Overpass Bridge to be Located Over Collins Avenue and 174th Street. Action: Vice Mayor Svechin moved, and Commissioner Viscarra seconded a motion to approve the above-mentioned changes to the agenda. The motion was approved by a voice vote of 5-0 in favor. 5. SPECIAL PRESENTATIONS Summary Minutes:Regular City Commission Meeting July 18,2019 City of Sunny Isles Beach,Florida 6. ZONING 6A. Request of Ian Greenberg ("Applicant") for the property located at 17749 Collins Avenue, Unit 2602, Site Plan-Modification for the following: (Hearing#PZ2019-02): Requests: 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations,the Applicant is requesting a site plan modification to an approved site plan for an increase in square footage from 431,895 square feet to 432,124 square feet of Floor Area Ratio (FAR). The increase will affect unit #2602 only. 2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting the approval of the purchase of Transfer of Development Rights(TDRs)in the amount of 229 square feet of Floor Area Ratio from the City's TDRs Bank. Action: Mayor Scholl gave opening remarks on zoning procedure /decorum. City Clerk Betancur read a disclaimer for the Zoning hearing and administered the oath to witnesses. City Clerk Mauricio Betancur asked if there were any Ex Parte disclosures to which all five (5) Commissioners stated they had not met with the applicant. Planning and Zoning Director Claudia Hasbun reported that the applicant is seeking a modification of an approved site plan to increase the Floor Area Ratio (FAR)of the unit by 229 square feet of FAR by enclosing a section of the unit's balcony. This increase will modify unit#2602 from 4,609 square feet of FAR to 4,838 square feet of FAR.The site plan modification will increase the approved square footage of FAR for Mansions of Acqualina from 431,895 square feet of FAR to 432,124 square feet of FAR. Further, the Applicant is requesting approval of the purchase of Transfer of Development Rights (TDRs) in the amount of 229 square feet of Floor Area Ratio (FAR) for the balcony enclosure. The application is consistent with the Comprehensive Plan and generally consistent with the City's Land Development Regulations. Public Speakers: Carmin Tillit. Commissioner Goldman moved and Commissioner Viscarra seconded a motion for approval. Resolution No. 19-Z-170 was adopted by a roll call vote of 5-0, in favor. Vote: Commissioner Goldman �s Commissioner Lama yes Commissioner Viscarra yes Vice Mayor Svechin yes Mayor Scholl yes 6B. Request of 17749 Collins Owner LLC ("Applicant") for the property located at 17749 Collins Avenue, Unit TS-3301, Site Plan Modification for the following: (Hearing #PZ2019-03): Summary: The Applicant is requesting a modification of an approved site plan to increase the Floor Area Ratio (FAR) of the unit by 789 square feet of FAR by enclosing a section of the unit's balconies. This increase will modify unit#TS-3301 from 8,476 square feet of FAR to 9,265 2 Summary Minutes:Regular City Commission Meeting July 18,2019 City of Sunny Isles Beach,Florida - square feet of FAR. The site plan modification will increase the approved square footage of FAR for Mansions of Acqualina from 431,895 square feet of FAR to 432,684 square feet of FAR. Further, the Applicant is requesting approval of the purchase of Transfer of Development Rights(TDRs)in the amount of 789 square feet of Floor Area Ratio(FAR)for the balcony enclosure. Requests: 1. Pursuant to Section 265-18 of the. City of Sunny Isles Beach Land Development Regulations,the Applicant is requesting a site plan modification to an approved site plan for an increase in square footage from 431,895 square feet to 432,684 square feet of Floor Area Ratio (FAR). The increase will affect unit#TS-3301 only. 2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting the approval of the purchase of Transfer of Development Rights (TDRs) in the amount of 789 square feet of Floor Area Ratio from the City's TDRs Bank. Action: Mayor Scholl gave opening remarks on zoning procedures/decorum. City Clerk Betancur read a disclaimer for the Zoning hearing and administered the oath to witnesses. City Clerk Mauricio Betancur asked if there were any Ex Parte disclosures to which all five (5) Commissioners stated they had riot met with the applicant. Planning and Zoning Director Claudia Hasbun reported that the applicant is seeking a modification of an approved site plan to increase the Floor Area Ratio (FAR) of the unit by 789 square feet of FAR by enclosing a section of the unit's balconies. This increase will modify unit#TS-3301 from 8,476 square feet of FAR to 9,265 square feet of FAR. The site plan modification will increase the approved square footage of FAR for Mansions of Acqualina from 431,895 square feet of FAR to 432,684 square feet of FAR. Further, the Applicant is requesting approval of the purchase of Transfer of Development Rights(TDRs) in the amount of 789 square feet of Floor Area Ratio(FAR)for the balcony enclosure. The application is consistent with the Comprehensive Plan and generally consistent with the City's Land Development Regulations. Public Speakers: Carmin Tillit. Commissioner Goldman moved and Commissioner Viscarra seconded a motion for approval. Resolution No. 19-Z-171 was adopted by a roll call vote of 5-0, in favor. Vote: Commissioner Goldman yes Commissioner Lama yes Commissioner Viscarra yes Vice Mayor Svechin yes Mayor Scholl yes 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Adopting the City of Sunny Isles Beach Comprehensive Plan Text-Based Amendments; Approving the Transmittal of the Amendments to the Department of Economic Opportunity and Reviewing Agencies in Accordance with Section 163.3184, Florida Statutes; Providing for Severability; Providing for Repealer; Providing for Inclusion in the 3 Summary Minutes:Regular City Commission Meeting July 18,2019 City of Sunny Isles Beach,Florida Code; Providing for an Effective Date. Action: City Clerk Betancur read the title,and Planning and Zoning Director Claudia Hasbun reported. Public Speakers (listed alphabetically): Brodsky, Benjamin; Collins, Dianne; Crush, Courtney; Culter, Mitch; Dempsey, Tamara; Edelcup, Norman; Garcia, Barbara; Gatto, Jeanette; Gordo,Maggie;Grossman,David;Grossman,Gregg;Grozdanova,Rumiana;Henry, Stephanie; Iglesias, Danny; Joseph, Jerry; Kallish, Ella; Katz, Dan; Kizhner, Felix; Levin, Emma; Lewis, Teresa; Levitt,Allan; Levitt, Andrea; Lawrence, George; Marinoff, Yehudit; Milton,Joseph;Mizhburskaya,Ninel;Mogil,Marc;Ottinot,Hans Jr.;Ottinot,Hans Sr.;Sava, Lumi; Schultz,Kathy; Solodovnik,Lev; Stamm,Warren; Stuyvesant,Fabiola;Tillit,Carmin; Vassiliev, Igor; Zidar, Andrew; Zolotuskiy, Aleksandr. After public comment each Commissioner gave their comments. After discussions,a motion to defer was made. Commissioner Goldman moved, and Commissioner Lama seconded a motion to defer the ordinance on first reading. Vote: Commissioner Goldman yes Commissioner Lama yes Commissioner Viscarra yes Vice Mayor Svechin yes Mayor Scholl yes 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Chapter 217 Entitled "Rental Property," of the Code of Ordinances of the City of Sunny Isles Beach to Modify Renewal Timeframes and the Inspection Requirements; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Betancur read the title, and Planning and Zoning Director Claudia Hasbun reported. Public Speakers: None Vice Mayor Svechin moved, and Commissioner Lama seconded a motion to adopt the • ordinance on first reading. Second and final reading was scheduled for Thursday, September 19, 2019 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Goldman yes Commissioner Lama yes Commissioner Viscarra yes Vice Mayor Svechin yes Mayor Scholl yes 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) 4 Summary Minutes:Regular City Commission Meeting July 18,2019 City of Sunny Isles Beach,Florida - 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Ordinance No. 2018-526; Approving Budget Amendment No. BA1819-02 to the City's Operating and Capital Improvement Budget for the 2018-2019 Fiscal Year - General • Fund, Street Maintenance & Construction Fund, Building Fund, Public Art Trust Fund; Capital Projects Fund,Stormwater 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. Action: City Clerk Betancur read the title, and Finance Director Tiffany Neely reported. Public Speakers: None Commissioner Goldman moved,and Commissioner Viscarra seconded a motion to adopt the ordinance on second and final reading. Ordinance No. 2019-538 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Goldman yes Commissioner Lama yes Commissioner Viscarra yes Vice Mayor Svechin yes Mayor Scholl yes 9B. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Chapter 217 Entitled "Rental Property," of the Code of Ordinances of Sunny Isles Beach to Modify the Fees for License Section; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. Vice Mayor Svechin moved, and Commissioner Goldman seconded a motion to adopt the ordinance on second and final reading. Ordinance No. 2019-539 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Goldman yes Commissioner Lama yes Commissioner Viscarra yes Vice Mayor Svechin yes Mayor Scholl yes 10. RESOLUTIONS 10A. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the Transfer of Development Rights in the Amount of 229 Square Feet of Floor Area and 0 Dwelling Units to Greenberg Acqualina LP - Ian Greenberg, for the Property Located at 17749 Collins Avenue, Unit 2602 from the City's TDR Bank Account; Directing the Planning and Zoning Director 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 with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. [Clerk's Note: This item was heard in conjunction with item 6A.] 5 Summary Minutes:Regular City Commission Meeting July 18,2019 City of Sunny Isles Beach,Florida Action: City Clerk Betancur read the title, and Planning and Zoning Director Claudia Hasbun reported. Public Speakers: Carmin Tillit. Commissioner Goldman moved, and Vice Mayor Svechin seconded a motion to approve the resolution. Resolution No. 2019-2953 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,Authorizing the Transfer of Development Rights in the Amount of 789 Square Feet of Floor Area and 0 Dwelling Units to 17749 Collins Owner,LLC,for the Property Located at 17749 Collins Avenue, Unit TS-3301 from the City's TDR Bank Account; Directing the Planning and Zoning Director 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 with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. [Clerk's Note: This item was heard in conjunction with item 6B.7 Action: City Clerk Betancur read the title, and Planning and Zoning Director Claudia Hasbun reported. Public Speakers: Carmin Tillit. Commissioner Goldman moved,and Commissioner Viscarra seconded a motion to approve the resolution. Resolution No. 2019-2954 was adopted by a voice vote of 5-0 in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving an Agreement by and Between Ronald L.Book,P.A.and the City of Sunny Isles Beach for Professional Legislative Relations and Lobbying Services,in a Total Amount Not to Exceed$72,500.00, Effective from July 1, 2019 through June 30, 2020,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 Betancur read the title,and City Manager Christopher J.Russo reported. Public Speakers: None Vice Mayor Svechin moved,and Commissioner Viscarra seconded a motion to approve the resolution. Resolution No. 2019-2955 was adopted by a voice vote of 5-0 in favor. 10D. Revised: A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a Memorandum of Understanding Between the City of Sunny Isles Beach and the American Flood Coalition for a Flood Adaptation Assessment Pilot Project, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Execute Said Memorandum of Understanding; Providing for an Effective Date. 6 Summary Minutes:Regular City Commission Meeting July 18,2019 City of Sunny Isles Beach,Florida [Clerk's Note: This item was revised prior to the start of the meeting.] Action: City Clerk Betancur read the title, and Assistant to the City Manager for Special Projects Kathryn Matos reported. Public Speakers: None Commissioner Goldman moved,and Commissioner Viscarra seconded a motion to approve the resolution. Resolution No. 2019-2956 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 an Increase in the Registration for the Short-Term Rental of Multi-Family Dwelling Units; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Betancur read the title, and Planning and Zoning Director Claudia Hasbun reported. Public Speakers: None Vice Mayor Svechin moved, and Commissioner Goldman seconded a motion to approve the resolution. Resolution No. 2019-2957 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,Approving the Request Submitted by Sunny Isles Property Venture, LLC ("Applicant") to Place Two(2)Temporary Signs at the Ritz Carlton Residences Project Located at 15701-15795 Collins Avenue; Subject -to Certain Conditions; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Betancur read the title, and Planning and Zoning Director Claudia Hasbun reported. Public Speakers: None Commissioner Goldman moved;and Commissioner Viscarra seconded a motion to approve the resolution. Resolution No. 2019-2958 was adopted by a voice vote of 5-0 in favor. - IOG. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Amending - - Resolution No. 2018-2790 To Reduce the Composition of the Public Arts Advisory Committee from Seven (7) Members to Five (5) Members; Providing for an Effective Date. Action: City Clerk Betancur read the title, and Cultural Master Plan Consultant Lynn M. Dannheisser reported. Public Speakers: None Vice Mayor Svechin moved, and Commissioner Lama seconded a motion to approve the resolution. Resolution No. 2019-2959 was adopted by a voice vote of 5-0 in favor. 7 Summary Minutes:Regular City Commission Meeting July 18,2019 City of Sunny Isles Beach,Florida 10H. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving an Agreement with Calvin, Giordano & Associates, Inc., to Provide Consulting Engineering Services for the Golden Shores Pump Station Rehabilitation Project,in a Total Amount not to Exceed$303,935.00,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. [Clerk's Note: This item was revised prior to the start of the meeting.] Action: City Clerk Betancur read the title, and City Engineer Rick Labinsky reported. Public Speakers: None Vice Mayor Svechin moved, and Commissioner Goldman seconded a motion to approve the resolution. Resolution No. 2019-2960 was adopted by a voice vote of 5-0 in favor. 10I. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing an Increase to Purchase Order with Home Depot for Fiscal Year 2018-2019, in an Amount Not to Exceed $20,000.00, Subject to Certain Conditions; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution;Providing for an Effective Date. Action: City Clerk Betancur read the title, and Finance Director Tiffany Neely reported. Public Speakers: None. Commissioner Viscarra moved,and Vice Mayor Svechin seconded a motion to approve the resolution. Resolution No. 2019-2961 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, Establishing the City of Sunny Isles Beach Proposed Ad Valorem Tax Millage Levy Rate at 2.200 Mills per$1,000.00 of Taxable Assessed Value Which is 2.20% Less than the "Rolled Back" Rate of 2.2495 Mills, for Fiscal Year 2019/2020; Setting the Date, Time and Place for the First and Second Public Budget Hearings as Required by Law; Directing the City Clerk and City Manager to File this Resolution with the Property Appraiser of Miami-Dade County Pursuant to the Requirements of Florida Statutes and the Rules and Regulations of the Department of Revenue of the State of Florida;Providing for an Effective Date. Action: City Clerk Betancur read the title, and Finance Director Tiffany Neely reported. Public Speakers: None. Vice Mayor Svechin moved,and Commissioner Viscarra seconded a motion to approve the resolution. Resolution No. 2019-2962 was adopted by a voice vote of 5-0 in favor. 10K. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the City Manager to Sign or Renew All Required Contracts,Agreements,and Purchase Orders that Affect the Health, Safety, or Welfare of the City, During the Summer 8 Summary Minutes:Regular City Commission Meeting July 18,2019 City of Sunny Isles Beach,Florida Recess Period from the Last City Commission Meeting in July 2019 through the First Regular Commission Meeting in September 2019,Subject to After-the-Fact Ratification at the September 19, 2019 City Commission Meeting; Requiring Legal Review by the City Attorney for Said Contracts and Agreements; Providing for an Effective Date. Action: City Clerk Betancur read the title and reported. Public Speakers: None. Vice Mayor Svechin moved,and Commissioner Viscarra seconded a motion to approve the resolution. Resolution No. 2019-2963 was adopted by a voice vote of 5-0 in favor. 10L. Addon: A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving an Agreement with Craven Thompson & Associates, Inc. to Provide Engineering Consulting Services for the Golden Shores Utility Undergrounding and Roadway Improvements Project, in an Amount Not to Exceed $922,605.00, 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. after s Note: This item was added prior to the start of the meeting and heard a fer item 10C.] Action: City Clerk Betancur read the title, and Assistant to the City Manager for Special Projects Kathryn Matos reported. Public Speakers: None Vice Mayor Svechin moved, and Commissioner Lama seconded a motion to approve the resolution. Resolution No. 2019-2964 was adopted by a voice vote of 5-0 in favor. 10M. Addon: A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving and Agreement with Hardesty & Hanover, LLP, For Peer Review Services For The Pedestrian Overpass Bridge Over Collins Avenue At 180th Street, in an Amount not to Exceed $56,475.00, 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. [Clerk's Note: This item was added prior to the start of the meeting.] Action: City Clerk Betancur read the title, and Assistant to the City Manager for Special Projects Kathryn Matos reported. Public Speakers: None Vice Mayor Svechin moved, and Commissioner Goldman seconded a motion to approve the resolution. Resolution No. 2019-2965 was adopted by a voice vote of 5-0 in favor. 9 Summary Minutes:Regular City Commission Meeting July 18,2019 City of Sunny Isles Beach,Florida 10N. Addon: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying -. the Expenditure of Funds for the Acquisition of Easements for the Pedestrian Overpass .Bridge to be Located Over Collins Avenue and 174th Street,in an Amount not to Exceed $1,093,943.50;Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. [Clerk's Note: This item was added prior to the start of the meeting.] Action: City Clerk Betancur read the title, and Assistant to the City Manager for Special Projects Kathryn Matos reported. Public Speakers: None Commissioner Viscarra moved,and Commissioner Goldman seconded a motion to approve . the resolution. Resolution No. 2019-2966 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS 12. DISCUSSION ITEMS 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 14. ADJOURNMENT Mayor Scho 1 adjourned it at 11:06 p.m. Ip: tfu 1 submitted by: Appr. ed by he City Commission on tp i Sep ember 19th, 2019 auricio 1 etancur, CMC George H. Scholl City Clerk Mayor 10