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Home My WebLink About2019-1017 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, October 17, 2019, 6:45 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 7:45 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: Planning and Zoning Director Claudia Hasbun gave the pledge of Allegiance and Kathryn Matos gave the invocation. 3. APPROVAL OF MINUTES 3A. Additional Information: Regular City Commission Meeting— September 19, 2019. Action: Commissioner Goldman moved, and Commissioner Lama seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. 3B. Additional Information: Special City Commission Meeting—October 2, 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: 3A.Regular City Commission Meeting—September 19,2019;Revised Item: 3B. Special City Commission Meeting— October 2, 2019; Addon Item: 11A. Motion to Increase Spending Authority with The Miami Herald; Addon Item: 12A. Discussion regarding Implementation of 5G Network. Action: Vice Mayor Svechin moved, and Commissioner Goldman 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. Summary Minutes:Regular City Commission Meeting October 17,2019 City of Sunny Isles Beach,Florida 5. SPECIAL PRESENTATIONS 6. ZONING 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 Related to the Town Center District; Creating a Town Center South District and a Town Center North District;Providing for Density and Intensity in the Town Center South;Providing for Severability; Providing for Repealer; 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 an Effective Date. Action: City Clerk Betancur read the title, and Planning and Zoning Director Claudia Hasbun reported. Public Speakers (listed alphabetically): Gordo, Maggie; Grozdanova, Rumiana; Kizhner, Felix. • Vice Mayor Svechin moved, and Commission Viscarra seconded a motion to adopt the ordinance on first reading. Second and final reading will be scheduled after the documents are received from the reviewing state agencies. Adopted on first reading by a roll call vote of 4-1 in favor (Commissioner Goldman opposed). Vote: Commissioner Goldman no 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 the City of Sunny Isles Beach Comprehensive Plan Future Land Use Map Amendments Related to the Town Center District; Creating a Town Center South District and a Town Center North District; Providing for Land Use Designation Amendments for Properties Located in the Town Center South; Providing for Severability; Providing for Repealer; 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 an Effective Date. Action: City Clerk Betancur read the title, and Planning and Zoning Director Claudia Hasbun reported. Public Speakers (listed alphabetically): Gordo, Maggie. Vice Mayor Svechin moved, and Commission Viscarra seconded a motion to adopt the • ordinance on first reading. Second and final reading will be scheduled after the documents are received from the reviewing state agencies. Adopted on first reading by a roll call vote of 4-1 in favor (Commissioner Goldman opposed). 2 Summary Minutes:Regular City Commission Meeting October 17,2019 City of Sunny Isles Beach,Florida Vote: Commissioner Goldman no Commissioner Lama Commissioner Viscarra yes Vice Mayor Svechin yes Mayor Scholl yes 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Chapter 194 Entitled "Nuisance" of the Code of Ordinance of the City of Sunny Isles Beach, to Amend Section 194-2 to Include in the Definition of "Nuisance" the Unauthorized Feeding of Animals; Providing for Severability; Providing for Conflicts; Providing for Inclusion in the Code; and Providing for an Effective Date. [Clerk's Note: Item was deferred.] 7D. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Chapter 217 Entitled"Rental Property,"of the Code of Ordinance of the City of Sunny Isles Beach, to Amend Section 217-9 to Modify the Manner in Which Fees for Registration Shall be Adopted; Providing for Revocation of Registration;Providing for Penalties and Enforcement;Providing for Severability;Providing for Conflicts;Providing for Inclusion in the Code; and Providing for an Effective Date. Action: City Clerk Betancur read the title, and Deputy City Manager Stan Morris reported. Public Speakers: None Commissioner Goldman Svechin moved, and Vice Mayor Svechin seconded a motion to adopt the ordinance on first reading. Second and final reading was scheduled for Thursday, November 21, 2019 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Goldman }_es Commissioner Lama yes Commissioner Viscarra yes Vice Mayor Svechin yes Mayor Scholl �s 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Chapter 99 of the City of Sunny Isles Beach Code of Ordinances Entitled "Public Health and Safety"; Creating a New Article III Within Chapter 99 of the Code to be Entitled "Prohibition on Distribution, Sale or Use of Plastic Beverage Straws" to Prohibit the Distribution of Plastic Beverage Straws to Reduce Waste; Providing for Definitions; Providing for Prohibitions and Exceptions; Providing for Public Education; Providing or Enforcement and Penalties; Amending the Schedule of Civil Penalties and Miscellaneous Fees in Chapter 14 of the Code; Providing for Severability; Providing for Conflict; Providing for Codification; Providing for an Effective Date. Action: City Clerk Betancur read the title, and City Attorney Edward A. Dion reported. 3 Summary Minutes:Regular City Commission Meeting October 17,2019 City of Sunny Isles Beach,Florida Public Speakers: Stuyvesant, Fabiola. Commissioner Goldman moved, and Vice Mayor Svechin seconded a motion to adopt the ordinance on second and final reading. Ordinance No.2019-543 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 193 Entitled "Noise," of the Code of Ordinances of Sunny Isles Beach to Modify Section 193-4 to Require that Landscaping Debris be Maintained on the Property from Which it Originated; Providing for Violations;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 Deputy City Manager Stan Morris reported. Public Speakers: None Vice Mayor Svechin moved,and Commissioner Goldman seconded a motion to adopt the ordinance on second and final reading. Ordinance No.2019-544 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 9C. 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 License Requirement for Display; to Modify Enforcement 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 Viscarra seconded a motion to adopt the ordinance on second and final reading. Ordinance No.2019-545 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Goldman yes Commissioner Lama yes Commissioner Viscarray es Vice Mayor Svechin yes Mayor Scholl yes 4 Summary Minutes:Regular City Commission Meeting October 17,2019 City of Sunny Isles Beach,Florida 9D. An Ordinance of the City of Sunny Isles Beach, Florida, Amending Section 265-45 of the Code of Ordinances of Sunny Isles Beach to Modify the Clearance and Allowable Location for Awnings and Canopies as Accessory Uses; Providing for Severability; Providing for Conflicts; Providing for an Effective Date. Action: City Clerk Betancur read the title, and Deputy City Manager Christopher J. Russo reported. Public Speakers: None Vice Mayor Svechin moved, and Commissioner Viscarra seconded a motion to adopt the ordinance on second and final reading. Ordinance No.2019-546 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 City of Sunny Isles Beach to Enter into Mutual Aid and Joint Declaration Agreements with the Village of Bal Harbour, the Town of Bay Harbor Islands, the Town of Golden Beach, the Village of Indian Creek, City of Miami Beach,the Village of Miami Shores, City of North Miami, City of North Miami Beach, the Town of Surfside,North Bay Village,and the City of Miami,Attached Hereto,in Substantially the Same Form, as Exhibit "A"; Authorizing the Mayor to Execute Said Mutual Aid and Joint Declaration Agreements;Authorizing the City Manager and Chief of Police to Do All Things Necessary to Effectuate this Resolution: Providing for an Effective Date. Action: City Clerk Betancur read the title, and Police Chief Snyder reported. Public Speakers: None. Commissioner Viscarra moved,and Commissioner Goldman seconded a motion to approve the resolution. Resolution No. 2019-2999 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,Approving Addendum No. 1 to the 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 Addendum No. 1 and to Do All Things Necessary to Effectuate this Resolution:Providing for an Effective Date. Action: City Clerk Betancur read the title, and Assistant to the City Manager for Special Projects Kathryn Matos reported. Public Speakers: None. 5 Summary Minutes:Regular City Commission Meeting October 17,2019 City of Sunny Isles Beach,Florida Commissioner Goldman moved, and Commissioner Lama seconded a motion to approve the resolution. Resolution No. 2019-3000 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 Change Order No. 6 to Agreement #3 With Ebsary Foundation Co. for the Third Phase of the Construction of the North Bay Road Pedestrian Emergency Bridge, in an Amount not to Exceed $1,350.00, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Sign Said Change Order and to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Betancur read the title, and Assistant City Manager Susan Simpson reported. Public Speakers: None Vice Mayor Svechin moved,and Commissioner Viscarra seconded a motion to approve the resolution. Resolution No. 2019-3001 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,Approving a Third Amendment to the Agreement with Perkins+Will Architects, Inc. for Architectural Design Services for the Government Center Annex at 18080 Collins Avenue, to Include Coordination with the Department of Transportation and Other Regulatory Agencies Relating to the Pedestrian Overpass Bridge, in an Amount not to Exceed$50,000.00,Attached Hereto as Exhibit"A";Authorizing the Mayor to Execute Said Third Amendment;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 Assistant City Manager Susan Simpson reported. Public Speakers: None Commissioner Goldman moved,and Commissioner Viscarra seconded a motion to approve the resolution. Resolution No. 2019-3002 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 Change Order No. 1 to the Agreement with Nuiiez Construction,Inc. for the Gateway Park Center Project, in an Amount not to Exceed$73,803.88,Attached Hereto as Exhibit "A"; Authorizing the City Manager to Sign Said Change Order and to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. [Clerk's Note: the Not to Exceed amount was amended to $73,869.57] Action: City Clerk Betancur read the title, and City Engineer Richard Labinsky reported. Public Speakers: Gordo, Maggie. Commissioner Goldman moved, and Commissioner Lama seconded a motion to approve the resolution,as amended. Resolution No.2019-3003 was adopted by a voice vote of 5- 0 in favor. 6 Summary Minutes:Regular City Commission Meeting October 17,2019 City of Sunny Isles Beach,Florida 10F. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving Change Order Nos.24 and 25 Relating to the Agreement with ROHL Global Networks, LP for the Collins Avenue Utilities Undergrounding Project,Attached Hereto as Exhibits "A" and "B"; Authorizing the City Manager to Sign Said Changer Orders and 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 Commissioner Goldman moved, and Commissioner Lama seconded a motion to approve the resolution. Resolution No. 2019-3004 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, Approving the Request Submitted by A3 Development, LLC ("Applicant") to Place Two (2) Temporary Signs at the Estates at Acqualina Project Located at 17901 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. 2019-3005 was adopted by a voice vote of 5-0 in favor. 10H. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Adopting a Plan of Action to Achieve Conformity and Consistency Between the Comprehensive Plan and the Land Development Regulations,as it Relates to the Town Center District, 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 Planning and Zoning Director Claudia Hasbun reported. Public Speakers: None Vice Mayor Svechin moved,and Commissioner Viscarra seconded a motion to approve the resolution. Resolution No. 2019-3006 was adopted by a voice vote of 4-1 in favor (Commissioner Goldman opposed). 10I. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying and Approving the Expenditure of Budgeted Funds up to an Amount not to Exceed $32,000.00 with Lynn M.Dannheisser,LLC for Legal Consultation Services;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 Mayor Scholl reported. 7 Summary Minutes:Regular City Commission Meeting October 17,2019 City of Sunny Isles Beach,Florida Public Speakers: Gordo, Maggie; Kallish, Ella. Vice Mayor Svechin moved,and Commissioner Viscarra seconded a motion to approve the resolution. Resolution No. 2019-3007 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,Approving a First Amendment to the Agreement with Elite Tent Company to Extend the Term of the Agreement for One Year and to Increase Compensation,in an Amount not to Exceed 70,000.00, 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 Betancur read the title, and Finance Director Tiffany Neely reported. Public Speakers: None. Vice Mayor Svechin moved, and Commissioner Goldman seconded a motion to approve the resolution. Resolution No. 2019-3008 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, to Accept the Recommendation of the City's Public Arts Advisory Committee ("PAAC") for Approval of Art in Public Places Application No.AP2019-03 Submitted by St.Tropez Beach Developers,LLC("Applicant')for the Placement of a Manolo Valdes Sculpture on the Property Located at 16690 Collins Avenue; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. [Clerk's Note: This item was heard before item 10A.] 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.t on. Resolution No. 2019-3009 was adopted bya voice vote of 5-0in p favor. 11. MOTIONS 11A. Addon: A motion to authorize an increase in budgeted funds with the Miami Herald for advertising services in an amount not to exceed $15,000.00 for Fiscal Year 2018/2019. Action: City Clerk Betancur read the title and reported. [Clerk's Note: the above motion was formalized into a resolution. Commissioner Goldman moved, and Commissioner Lama seconded a motion to approve the resolution. Resolution No. 2019-3010 was adopted by a voice vote of 5-0 in favor. 8 Summary Minutes:Regular City Commission Meeting October 17,2019 City of Sunny Isles Beach,Florida 12. DISCUSSION ITEMS 12A. Addon: Discussion Regarding the Implementation of 5G Network in the City. Action: A discussion ensued. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS Speakers (listed alphabetically): Gates, Michael; Kallish, Ella; Kizhner, Felix. 14. ADJOURNMENT ,1Vlayor` .,(ho . .djourned it at 9:24 p.m. -.R6 o: fu'l' .ubmitted by: Approved by the ' ity Co mission on 1`,�. • 'Novemer 21s1, ►019 .0/'' Ma,r%'cio Batancur, CMC George H. holl City Clerk Mayo • 9