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HomeMy WebLinkAbout2014-0717 Regular City Commission Meeting 1 SUMMARY MINUTES Regular City Commission Meeting Thursday, July 17, 2014, 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 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 Hans Ottinot Commissioner Jeanette Gatto City Clerk Jane A. Hines, MMC Commissioner Jennifer Levin Deputy City Manager Stan Morris Commissioner George "Bud" Scholl Deputy City Attorney Fernando Amuchastegui 2. PLEDGE OF ALLEGIANCE /INVOCATION Action: Arie Steiger led the Pledge of Allegiance to the flag, and Police Captain Dwight Snyder gave the invocation. Mayor Edelcup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Special City Commission Meeting—June 19, 2014. Action: Commissioner Scholl moved and Commissioner Levin seconded a motion to approve the above mentioned Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. 3B. Regular City Commission Meeting—June 19, 2014. Action:Vice Mayor Aelion moved and Commissioner Gatto 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; Change Order of Agenda: Hear Item 10H after Item 6A. Assignment of TDRs PMG-S2 Sunny Isles(Muse);Hear Item 101 after Item 6B.TDRs for Property at 18320-18330 Collins (Publix); Replacements: Item 100. Exhibits "A" & "B" re: Temple B'Nai Zion;Additional Information: Item 6B.Shoreline Development Review Committee; Add-On Item: Item 5D. Announcement by Commissioner Levin. Action: Mayor Edelcup noted the above changes to the agenda. Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the above changes to the agenda. The motion was approved by a voice vote of 5-0 in favor. 1 Summary Minutes:Regular City Commission Meeting July 17,2014 City of Sunny Isles Beach,Florida 5. SPECIAL PRESENTATIONS 5A. Proclamation to be Presented to Raymond Santiago upon his Retirement from the Miami- Dade Public Library System. Action: City Manager Russo said Raymond Santiago has been the Director of the Miami- Dade Public Library for 16 years,and we have had a good productive relationship for most of those 16 years. We created a model of inter-municipal cooperation that still stands today, and is probably more important today with all the budget cut backs and issues of finances at the County level. The partnership that created the Sunny Isles Beach Branch of the Miami- Dade County Library right here in our City Hall Complex, is a model that should be duplicated probably more frequently than it is. We are here to offer our best wishes to Ray upon his retirement. Mayor Edelcup, the City Commission, and City Manager Russo presented Mr. Santiago with a Proclamation. Raymond Santiago thanked Mayor Edelcup and the City Commission,City Manager Russo, and City Attorney Ottinot. He said 16 years ago when he became the Director, the first visitor he had was Mayor Samson. He came to visit us and said we want a Library in Sunny Isles Beach, and we were lucky enough to have him push us and work with us. Mayor Samson and Senator Gwen Margolis worked very hard to make sure we were able to do this. Mr. Santiago said we have a number of our Libraries throughout the County,and we have a number of inter-local relationships, facilities, but the City of Sunny Isles Beach has really been a model for us in terms of how we work, and having the cooperation between the County and a municipality. You have always been there when we needed you,and you have been more than supportive. The City's actions have shown what your dedication is to the children and your love of education is so obvious,and for him it has been a privilege to come and visit this City on many occasions and seeing the changes over the past 16 years, see the growth of this City and marvel at what you have done. He congratulated the City Commission. He said that they have had many visitors from all over the world and they bring them to this branch, they marvel at your beautiful City. 5B. Certificates of Appreciation to be Presented to Miss Sunny Isles Beach USA, Miss Sunny Isles Beach Teen USA, Miss Miami Beach USA, and Miss Miami Beach Teen USA. (Deferred from 06/19/14) Action: Commissioner Gatto reported congratulating the winners: Miss Sunny Isles Beach USA Celine Pelofi, Miss Miami Beach USA Danielle Castellano, Miss Sunny Isles Beach Teen USA Kailey Wilson, and Miss Miami Beach Teen USA Daniella De Mier. Mayor Edelcup and the Commission presented them with Certificates of Appreciation. 5C. A Special Presentation of 9/11 Commemorative Coins by Anh Kaul to the City of Sunny Isles Beach. Action: Commissioner Gatto said Anh Kaul is going to do a special presentation to the City as well as to the Police Department. She has some commemorative 9/11 coins that had been recovered from the site at Ground Zero, and it is in honor of her father who was a POW in Vietnam. Anh Kaul showed pictures of her father who was in a prison camp for nine years. She said the Mayor and Commission,and the Police Department had signed a petition of 300 2 Summary Minutes:Regular City Commission Meeting July 17,2014 City of Sunny Isles Beach,Florida signatures to bring her father to the United States in 2000. Her father passed away in February 2014. Her father was very compassionate about what happened on 9/11, and so they bought commemorative coins that were recovered under the ground at Ground Zero in New York City. She presented a plaque to the Mayor and City Commission, and to Chief Fred Maas, Captain Dwight Snyder, and Captain Michael Grandinetti. 5D. Add-On: Announcement by Commissioner Jennifer Levin in regards to City Attorney Hans Ottinot's Appointment to the Florida Bar Board of Governors and to the Eleventh Circuit Judicial Nominating Commission. Action: [City Clerk's Note:Press Release distributed prior to the meeting.] Commissioner Levin said since she has been on the Commission she has had an opportunity to work with City Attorney Hans Ottinot quite a lot. As a fellow attorney, she has a lot of respect for him for not only his legal abilities but for his integrity. Recently he was bestowed with two outstanding achievements: he was appointed by Governor Rick Scott to serve on the Eleventh Circuit Judicial Nomination Council which is responsible for selecting nominees to fill judicial vacancies in the Circuit and County Courts in Miami-Dade County; and he was selected by the President of the Florida Bar to serve on the Board of Governors. The Board has exclusive authority to adopt policies and rules concerning activity of all lawyers in the State of Florida, and there are over 90,000 lawyers in Florida. City Attorney Ottinot thanked Commissioner Levin, Mayor Edelcup and the City Commission, City Manager Russo and his staff, and he thanked his own staff. He also thanked the other attorneys in the audience. Mayor Edelcup on behalf of the City Commission congratulated City Attorney Ottinot. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of Muse for Property Located at 17141 Collins Avenue for the Following: (Hearing#Z2014-06) Summary: The Applicant is seeking approval for a major site plan modification of an approved site plan under Resolution 12-Z-132 adopted on November 15,2012.The approved site plan consisted of a 42-story, 64 unit condominium tower with 222,245 square feet of Floor Area Ratio (FAR). The modified site plan proposed a 48-story, 68 unit condominium with 222,246 square feet of FAR. Additionally,the Applicant is requesting approval of the use of mural and graphics on temporary construction fencing with a waiver of the 6 foot construction fence setback requirement from Collins Ave. 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 approval for a 48 story building with 68 condominium units. 2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting the utilization of private TDRs in the amount of 51,287 square 3 Summary Minutes:Regular City Commission Meeting July 17,2014 City of Sunny Isles Beach,Florida feet of development rights and 27 dwelling units. 3. Pursuant to Section 265-63.3 (G) of the City of Sunny Isles Beach Land Development Regulations,the Applicant is requesting a waiver of the six-foot setback from Collins Avenue and the use of graphics and murals on temporary construction fencing. (Hear in Conjunction with Item 10H) Protests 0 Waivers 0 Ex Parte 0 Action: Mayor Edelcup gave opening remarks on zoning procedures/decorum. City Clerk Hines read a disclaimer for the Zoning hearing,and administered the oath to witnesses. City Attorney Ottinot asked the Commission if there were any Ex Parte communications to disclose,and there were not. City Planner Claudia Hasbun reported that this request includes a major site plan modification of an approved site plan under Resolution No. 12-Z-132 adopted on November 15, 2012. It is 630 feet higher and has 4 additional dwelling units. The Application is consistent with the City's Comprehensive Plan and in compliance with the Land Development Regulations. No variances are being requested, and it is also providing the beach access which was waived in the previous approved Plan. Staff finds that the waiver of construction setback and the use of murals and graphics on temporary construction fence is warranted, and at this time City staff has no objections to the Applicant's request. Public Speakers: Stanley Price, Esq.; Charles Sieger, Architect Stanley Price, Esq. representing PMG-S2 Sunny Isles LLC, "Muse Project", said we have a variance free Application. He introduced Charles Sieger,Architect,for this project. He noted that they have met with their neighboring property owners,that the 2012 matter was appealed, they resolved that matter amicably, and we have shared this plan with our neighbors. Architect Charles Sieger noted that this is the 17th building they have worked on in the City of Sunny Isles Beach. This building is 48 stories, has 68 units,and it will be the second robotic garage with 208 cars which is more than sufficient for the 68 units. It is on a narrow site, it meets the requirements from FAA and all the other requirements that staff had. He presented a 3D model, and renderings of the project, it is tall, slender, and elegant. The City Commission discussed the project and were favorable of it. Mayor Edelcup opened the public hearing, being there were no speakers, closed the public hearing. Commissioner Scholl moved and Vice Mayor Aelion seconded a motion for approval, subject to staff conditions. Resolution No. 14-Z-140 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 4 Summary Minutes:Regular City Commission Meeting July 17,2014 City of Sunny Isles Beach,Florida 6B. Request of Publix Super Markets,Inc.,for Property Located at 18320& 18330 Collins Avenue for the Following: (Hearing#Z2014-05) Summary: The Applicant is seeking a site plan approval for a mixed use phased project, which consists of a retail shopping center and a residential condominium. The application consists of a Publix Supermarket(Phase I)and a residential condominium(Phase II). Phase I is a 53,558 square feet ground level retail store/shopping center and Phase II is a 26-story residential condominium with 357 dwelling units and 501,038 square feet of Floor Area Ratio (FAR). Further,the Applicant is seeking approval for the purchase of 154,289 square feet and 73 dwelling units of Transfer Development Rights (TDRs) from the City's TDR bank account. Additionally, the Applicant is requesting 36 additional months to obtain a building permit for the construction of Phase II of the project if the overall project is approved by the City Commission. Lastly, the Applicant is requesting the use of a mural with graphic design on a temporary construction fence. Requests: 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a site plan approval for a mixed use phased project consisting of a retail shopping center with 53,558 square feet of retail space (Phase I) and residential condominium with 357 dwelling units and 501,038 square feet of floor area(Phase II). 2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting to transfer of TDRs from the TDR Bank of the City in the amount of 2,809 square feet of development rights and 73 dwelling units. An adjustment shall be made for a decrease of 154,289 square feet and 73 dwelling units from the City's Transfer of Development Rights Bank. 3. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting 36 additional months to obtain a building permit for the construction of Phase II of the project if the overall project is approved by the City Commission. 4. 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 10I) Protests 0 Waivers 0 Ex Parte 4 Action: [City Clerk's Note: Shoreline Development Review Committee Resolution No. 14- SDRC-07 and a Letter of Support from Raanan Katz were distributed prior to the meeting.] Mayor Edelcup gave opening remarks on zoning procedures/decorum. City Clerk Hines read a disclaimer for the Zoning hearing, administered the oath to witnesses, and noted that a Support Letter was received from Raanan Katz. City Attorney Ottinot asked the Commission if there were any Ex Parte communications to disclose,and Commissioner Levin said she met with Clifford Schulman, Esq., Doron Valero of Publix, and with Gil Dezer and Warren Stamm,Esq.; Commissioner Scholl met with Architect Kobi Karp,Doron Valero of Publix, and Clifford Schulman,Esq.;Mayor Edelcup said he met with the same three people plus Gil Dezer and his staff; Commissioner Gatto said she met with the same three plus Gil Dezer, 5 Summary Minutes:Regular City Commission Meeting July 17,2014 City of Sunny Isles Beach,Florida Warren Stamm, and she also spoke to some residents; and Vice Mayor Aelion noted that he had no communication in regards to this Application. City Planner Claudia Hasbun reported that the Applicant is applying for site plan approval of a mixed-use project which consists of a retail shopping center, Publix Super Market,and we are calling that Phase I of the project,and the Residential Tower is Phase II of the project. If this is approved, the total TDR purchase will reflect a deduction from the TDR Bank of 554,289 square feet and 73 dwelling units,and the monetary impact would be$5,400,115.00, at 10%,the profit of$540,012.00 of the purchase price is required within three(3)days after approval. The history of this site is a very long and exhaustive history. After a long court battle, Publix has filed a new site plan application consistent with the Applicant's zoning regulations and the City's Comprehensive Plan. This application is very similar to the original site plan except with submerged land which is not included in the site plan for density purposes. The site plan application does not contain any variances and complies with the development standards in the applicable zoning district. The Applicant intends to add a Wine/Spirit Store as an additional amenity for its customers at Publix. The Wine/Spirit Store is a permitted use and is exempt from the distance requirements. Based on the fact that the site plan application is consistent with the City's Zoning Code and the City's Comprehensive Plan, staff has no objections to this site plan application. Public Speakers: Clifford A. Schulman,Esq.;Kobi Karp,Architect; W. Tucker Gibbs,Esq.; Marianna Talalaevsky; Guillermo Ramirez; Howard Gordon; Sandra Rosen; Rabbi Chay Amar; Larisa Svchin; Lewis J. Thaler; Arie Steiger Clifford A. Schulman,Esq.representing Publix Super Markets,Inc. said that one of the watch words for Publix is to listen to your customers, and service is our number one goal. Since we have filed this application we have done a lot of listening to our customers,the citizens in our community, and the Commission. What we have decided is that what this City needs more than a 26-story building at this time with 357 additional units is that you need a new Publix. You have a 32-year old Publix,and probably one of the most profitable Publix in the State of Florida on a square foot basis but it does not meet the reputation of the Florida Riviera. We are modifying our application,withdrawing our application tonight for Phase II of this project. Mr. Schulman said that first we would request the approval of the 53,558 square foot Phase I, eliminate the remainder. We would eliminate the request for TDRs from your TDRs Bank because we are not buying 154,000 at this point. We would eliminate the additional time to build this Publix, the 36 months. This Publix will be there well before that period of time well within the 24 months permitted by the Code. We will also suggest that we will submit a revised site plan showing only Phase I with the accompanying data, and that any approval tonight should be based on those drawings being amended,and that all conditions in the Staff Report that directly or indirectly effect Phase II will be changed. Mr. Schulman said second, we sell beer and wine now, we have only been doing it for 32 years well before the school was there. But we have heard the community, we would also amend our plans to eliminate the reference to liquor on the plans at this point of time, and without prejudice to our some day perhaps filing conditional use approval and without prejudice to that. We are willing to basically say at this point in time we will continue to vend what we have been vending for 32 years and that is beer and wine. Keep in mind that no unaccompanied minor will be allowed in the store where there is beer and wine. There will be 6 Summary Minutes:Regular City Commission Meeting July 17,2014 City of Sunny Isles Beach,Florida a decal on the door saying no unaccompanied minor will be allowed in this store. In summary,there will be no liquor without prejudice. He introduced his team in the audience. He noted that an Exhibit Book will be entered into the record and he gave a copy to the City Clerk for the file. Mr. Schulman said we are now talking about a State-of-the-Art Publix. We had a long and exhaustive history but we are here basically to deliver what we wanted to do then,and that is a Publix that meets your challenge. One of the challenges is the gas station on the corner of 183rd Street and Collins Avenue. We don't own that, and we can't own it and so we are working around it. We have a 3.57 acre site and we have a 1+ acre of Publix under roof which is substantial. This matter came to you on pages 1 &2 with no variances,now we have only a page 1. Not only do we meet the City Code for Phase I,for the entire property,we well exceed the City Code in virtually every standard because of getting rid of Phase II. We have also asked for murals and graphics approval which is fairly standard, and we meet all the criteria for FAR and exceed. We don't have to worry about density now as we don't have any density;and we don't have to worry about height now,the height is 190 feet limit and it could go up to 265, we have a four-story Publix. All the parking for Publix is going to be contained on top of the Publix building, there will be no more surface parking taking place at the site. Clearly the landscaped open space area has already exceeded the Code, now of course with Phase II not being part of the mix,it basically far exceeds your Code. He asked Kobi Karp to take us through the site plan. Kobi Karp, Architect, noting that the Publix that exists right now sits essentially along the seawall,this project proposes to relocate the project giving us all the parking immediately on top of the stores. This is very important because if you look at other Publix stores around the communities, the opportunity to put the parking within the structure allows us to have it not only more accessible but with much more stacking, and much more relief for the circulation not only for the Publix guests but also for the community. We have entry into Publix on the west side wrapping up into the building above. The Publix itself is a single story store,and on top there are two levels of parking accommodating all the requirements. We have met with staff and staff has asked us to provide a cover for the parking, and so we did comply with it. Our Landscape Architect created a geometric grid which allows us to hide the parking in a very efficient manner. Mr. Schulman asked Mr. Karp just to clarify, where do the deliveries presently take place in relationship to the school? Mr. Karp said currently the deliveries come down Collins Avenue to 183rd Street, which is also the termination of North Bay Road, and you also have Atlantic which is immediately between Collins and North Bay Road. The trucks come in on 183rd Street and head west and drive to the end of Publix property which is 471 feet, they enter along the water and bring their materials into the existing store which is located all the way to the west. Mr. Schulman asked him where those trucks will come in now compared to where the school is? Mr. Karp said they met with staff and consultants and everyone felt it would be most ideal based on the existing conditions, if we have the opportunity to relocate the entry and the loading area away from North Bay Road and away from Atlantic Boulevard. Specifically to create an entry off from Collins Avenue and behind the gas station so that we will pull all of that traffic easterly and he showed it on the rendering showing the entrance north of the gas station on Collins Avenue, and turn on 183rd Street there will be another entrance behind the gas station. That will provide a relief and eliminate the potential,and we 7 Summary Minutes:Regular City Commission Meeting July 17,2014 City of Sunny Isles Beach,Florida need to bring trucks further into the site,not only past Atlantic but closer to North Bay Road. Mr. Schulman said in summary,we have no variances that we are requesting,we are an as-of- right project,a well needed project in this City, it meets and exceeds your zoning code, it is a better traffic plan,and we request your approval of the withdrawal of the application without prejudice subject to the matters that he and the City Attorney will work out. City Attorney Ottinot said that the interested party's lawyer has a right to ask Kobi Karp a question on the Publix issue. Mayor Edelcup said then no questions on the Phase II issue since that has been withdrawn. Tucker Gibbs, Esq. representing Dezer Properties thanked the Applicant for withdrawing Phase II of the project. He asked Mr. Karp, in terms of the parking for the Publix,how many parking spaces are you providing, is it the same amount that you have said on your zoning legend? Mr. Karp said yes,the parking that we are providing is the same. The parking is the same as what was submitted for the record. It is the two levels of parking immediately above the proposed store. Mr. Gibbs said so that is 240 spaces, correct? Mr. Karp said that is true. Mr. Gibbs said his clients have a question about this because we had some issues regarding the actual number of parking spaces in terms of the required parking spaces,and that is one of the reasons why he wants to ask for a deferral. He said the issue is that the parking calculation that Mr. Karp just spoke of,the 240 spaces that they are providing,when we did the count and Mr. Alvarez who is our expert witness can attest to it,the count that he actually makes shows that he has provided 240 [spaces] but 268 spaces are required and for that reason he is asking for a deferral. We can talk to them and get this straight, we have no problem with a Publix here but the concern we have is by you approving it tonight with certain questions unanswered and this is just one of them,we would like to be able to have the new plan with everything on it where there is no questions. By withdrawing parts of this right now, we really don't know for sure what is left, and what his client would like to see,and what he would like to see is an actual plan of the Publix. Another question is the right-of-way. Mr. Schulman said the initial height of the residential parcel, we will deal with that some other time. Right now the only extension will be that particular right-of-way will go into the parking garage for the Publix, and that will be solely its purpose at this particular point in time, and so those are the two answers and Ms. Hasbun can answer on the parking count. Architect Kobi Karp said we can go through it but as our lawyer has said, we meet Code,our intent is to meet Code, and the item that Mr. Alvarez can go into, is how he might be calculating. Publix has a back of house and the back of house is not the same as usable space, and that is where 240 parking spaces are required. Ms. Hasbun said as Mr. Karp has mentioned,the calculation on the parking is not on the entire site. There are certain areas that they are deducting for parking such as the staircase, elevators, and other mechanical rooms. When you discount those areas that is where we come up with, and actually the staff report reflects 232 parking spaces, and 206 spaces and 4 handicapped spaces are required. Mayor Edelcup said then that the amount provided exceeds the amount required. Mayor Edelcup said the other thing he would like to clarify is the 50-foot road that is on the west side of the new Publix,that is part of the Phase I development because you will need that road to get to the back of Publix. Mr. Schulman said we will need that road to access the 8 Summary Minutes:Regular City Commission Meeting July 17,2014 City of Sunny Isles Beach,Florida garage,it will not be extended at this time any further north. At such time as Phase II comes in,then we will basically deal with that. Mayor Edelcup said he wanted assurance that the 50- foot road is going to be there because it is important to the City that we have the extension of Atlantic Boulevard that runs through that property and hopefully through the Thunderbird property when it also gets developed so that we have an emergency access through the City. Tucker Gibbs said that goes to the issue that he was talking about a deferral,if you have plans that are going to be different and these are going to be different plans, the idea of taking one set of plans and peeling things off verbally without seeing the actual plans and voting on those actual plans is the problem. How far does that 50-foot right-of-way go, how is that 50-foot right-of-way characterized, the idea of that number of parking spaces, he thinks it behooves you to have all that information on a very simple zoning legend,on a simple site plan that you will actually vote on. You are going to vote on a site plan today that is a site plan that includes a very large residential tower but you are going to say ignore those and that is not clean, the clean way of doing it is to get a site plan and that will not take them more than 30- 60 days to put together, and get that site plan approved. As an attorney who is here who has concerns representing a client who has concerns, he wants to be sure that what is said is actually on the plans. That is all they are asking the deferral for, to get the plan together so that everybody can see exactly what it is so that there are no questions. Mr. Schulman said staff were very assiduous in making sure that in your zoning sheets it would say Phase I and Phase II, they did not comingle, they basically cut it out. We are cutting out Phase II and any conditions that directly or indirectly relate to Phase II. We are moving something from the plan, it does not necessarily mean we are changing the plan. Mayor Edelcup said going back to the 50-foot piece,he would expect that 50-foot piece to go the full length of the property in Phase I and not in Phase II. Mr. Kobi said the project was always, and it clearly states it on page A101, that you have the guest parking, you have the Publix parking requirement, it is all broken down. The residential component was always separated, it was always segregated, and it was always differentiated, it was not together. Mayor Edelcup said again, he wants to be sure that the 50-foot road goes through the entire length of the project under Phase I because if Phase II never happens, he doesn't want to be waiting for some time way out into the future when somebody decides that Phase II is there when we can hopefully get a road through there, and so his personal requirement would be that the 50-foot road has to go through the whole length of the project under Phase I. Mr. Schulman said we will build the road the total length of the project as well as in the parking garage and we will not dedicate it as a public right-of-way as, if, and until we come to Phase II. Mayor Edelcup said he still has a problem with that, and Commissioner Scholl said he thinks you have a decision to make. Mayor Edelcup said he thinks you are going to have to either bite the bullet or not bite the bullet but we are not going to sit here and approve a project and not have the assurance that road is a public right-of-way. Mr. Gibbs said to add to that,your Comprehensive Plan is supposed to be a greenway,and in the Comprehensive Plan it says that. The other issue he had in terms of Phase I and Phase II, Phase I is being changed because a liquor store is being removed, what is happening to that extra square footage, that has got to be in the plan and it isn't. Mayor Edelcup said he understands where you are coming from, you would like to see this project delayed but this project has been sitting around for ten(10)years and if we can get it approved,he is inclined 9 Summary Minutes:Regular City Commission Meeting July 17,2014 City of Sunny Isles Beach,Florida to move forward with it. Mr. Schulman said they will dedicate the road to the north boundary but we get credit even though we are doing it now without Phase II with a height bonus that is presently in the Ordinance when,and if Phase II comes in. Mayor Edelcup said yes,if the 50- foot road goes through there the height bonus is automatically granted on that. Mr. Schulman said according to the Ordinance we also still get credit for the FAR for that amount of road as well as any density and intensity in the second phase of the project. If that is agreeable to the Commission, then they are agreeable to that. Mayor Edelcup said yes, and asked City Attorney Ottinot if he wanted to opine on that. City Attorney Ottinot said based on the concessions and conditions that the Applicant agree and that the revised site plan consistent with those conditions be submitted and the City Commission can see if they want to proceed with those conditions. Commissioner Levin asked Mr. Schulman did you not say that the site plan that currently shows the liquor store with the separate entrance,that will still be there and they will only sell beer and wine and not hard alcohol. Mr. Schulman said that is correct unless otherwise approved by this Commission at some later date. Commissioner Levin said then that there will be no unaccompanied minors admitted at any time, and Mr. Schulman said correct and we will put a sticker on the door that says no unaccompanied minor shall be permitted to enter. Commissioner Levin said she had mentioned the other day of perhaps having some bicycle racks there for people who want to ride bikes, and Mr. Schulman said we will put in bicycle racks. Commissioner Levin said also perhaps partnering with the School for some educational program, perhaps nutrition, something that can be discussed, and you had mentioned a tour. Mr. Schulman said yes,we presently have programs where we bring kids in with their parents and we go through the store. The best thing we can do is to build new customers when they are 7-9 years old, it is bad business not to do that, and so we will be working with the school and we will coordinate, and that is a pledge. Commissioner Levin said in regards to the deliveries to the store even in addition to the fact that you are reworking where the loading takes place, that during school hours like in the mornings and the afternoons, there are no deliveries when the kids are coming to school and leaving. Mr. Schulman said that Publix does not have Publix truck deliveries in the afternoon at the time school is out, we do have some deliveries between 7:00—8:00 a.m. and those are our trucks. We don't control third party vendors. Publix traffic is about 40% of the overall traffic of about 128 trips per week. What we wanted to do with all of those trips was to remove it 300 feet away from Atlantic Boulevard. Commissioner Levin said the baywalk was part of Phase II, and Mr. Schulman said that is correct. Commissioner Scholl said the developer came in asking for the maximum amount they could build on Phase II along the bay and that frustrated a lot of us. With those development rights as the Mayor pointed out,we were going to get a street that went through. Obviously there are two places in the City where we don't have egress and ingress north south and one of them is Atlantic Boulevard by the school, and the other one is the canal that goes behind Winston Towers. His vote will be predicated on the fact that was just proffered in that we are going to have that street, it won't go all the way through yet because the property owner to the north has not come back with their site plan yet but hopefully when they go to develop their site plan we will get the street to go all the way through to Golden Shores. Then we will have a north-south link and school children can walk along that street to go to school as opposed to having to go out to Collins Avenue which has always been problematic for all of us. Again, when we do a development plan, it is always the lesser of a few evils, the public is never 10 Summary Minutes:Regular City Commission Meeting July 17,2014 City of Sunny Isles Beach,Florida really happy and the developer is never really happy because one side wants less and the other side wants more,and it is always a compromise. To Mr. Gibbs issue,it was presented to us as two distinct projects,no question,there was a Phase I and Phase II,even in the drawings you could make a clear distinction on both. We have to rely on our staff as experts. It always frustrates him when something pops up at the end like this when a professional had the opportunity to deal with his colleagues and that didn't happen here. Based on the fact that the street has been proffered and it is a public right-of-way, and it is going to go all the way through, we will have to deal with the building in the back in the future but for the present application he is in favor of the Publix. Vice Mayor Aelion said two issues he would like to address: 1) multi-level entrance and driving issues; and 2) aesthetically the egress and ingress on the loading and unloading is going to be in the front all the time, and not in the back as what is being done now and 3) traffic issues for the time being have been eliminated. Commissioner Gatto asked if the existing Publix store will stay open during construction,and Mr. Schulman said no,it cannot. Commissioner Gatto asked how long do you anticipate that the store will be closed, and Mr. Schulman said it will take 11 months to build a store if we can get the cooperation of the City, and we can do some 24/7 construction which would reduce it by 2 months plus or minus. Commissioner Gatto said then that basically the community will have to find other places to grocery shop during that time period, and Mr. Schulman said yes. Commissioner Gatto said it is difficult because she feels that the fact that Publix wanted to even think about putting a building in that corner besides the Winston Towers showed her they are completely out of touch of what is going on in the community and what kind of chaotic situation that could potentially be and cause danger to our school children. She would like to see this deferred, she would like to see exactly what she is voting for on a site plan. Mayor Edelcup said he would open the floor to the public who want to speak strictly on Phase I of the project. A resident asked how the traffic is going to be impacted with the construction, and Mayor Edelcup said our City Manager will assign Police and whatever additional public safety people that are there to make sure things are safe. City Manager Russo said there is always a plan put together before a project like that would start and it involves our Building Department, Police Department, and other agencies within the organization to come up with that plan before we approve it. That also goes to the issue of extended hours as well because in this kind of case he thinks we will probably look favorable on trying to do extended hours so they can work when school is not in session. Mayor Edelcup said he believes our shuttle bus will run to the Publix store in Aventura and City Manager Russo said we will modify the schedule based on the needs. Mayor Edelcup said we also have the bus that goes to Winn Dixie,and Milans is still operating in the City. Part of the price you pay for progress is the fact that you have to have some kind of inconvenience to be able to get a new store, and so we will just have to work around it. It was noted that Publix had agreed to supply monies for a bus that the City could use to take residents to the other Publix store. Mayor Edelcup said the City Manager will talk to Publix regarding that. City Attorney Ottinot said for the record,the conditions include that the Applicant agrees to 1) provide a 50-foot right-of-way easement as part of Phase I providing the Applicant complies as part of beautification of City Code at a future date; 2) the Applicant agrees to withdraw 11 Summary Minutes:Regular City Commission Meeting July 17,2014 City of Sunny Isles Beach,Florida Phase II of Application without prejudice; 3) the Applicant agrees to all conditions made to Phase I of the project in the staff report; 4) Applicant agrees to sell beer and wine only in store; and 5) Applicant agrees to file a revised site plan as to all the conditions. Vice Mayor Aelion moved and Commissioner Scholl seconded a motion for approval, subject to staff conditions. Resolution No. 14-Z-141 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 [City Clerk's Note: Mayor Edelcup adjourned the meeting for a five-minute recess.] 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Chapter 156, Article I, of the Code of Ordinances of Sunny Isles Beach Entitled "Fees, Miscellaneous", to Create Expedited, Specialized Permitting Services for Interior Remodeling, Attached Hereto as Exhibit "A"; Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Hines read the title, and Building Official Clayton L. Parker, reported noting that the fee for this service will be 1% of the total job value. The minimum fee for this service will be $1,000.00. Public Speakers: None Vice Mayor Aelion asked how much would this improve the time for the actual permit to be issued? Mr. Parker said a typical regular small job takes 15 working days,the initial review should be done within 4 to 5 days. Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the proposed Ordinance on first reading. The motion was approved by a roll call vote of 5- 0 in favor. Second reading, public hearing will be held on Thursday, September 18, 2014, at 6:30 p.m. Vote: Commissioner Gatto yes Commissioner Levin yes Commissioner Scholl yes Vice Mayor Aelion yes Mayor Edelcup yes 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 12 Summary Minutes:Regular City Commission Meeting July 17,2014 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 Chapter 121 of the Code of Ordinances Pertaining to Certificates of Use;Providing for Additional Grounds for Denial;Providing for Severability;Providing for Inclusion in the Code; Providing for Repealer; Providing for an Effective Date. (First Reading on 06/19/14) Action: City Clerk Hines read the title, and Deputy City Manager Stan Morris reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Levin seconded a motion to adopt the Ordinance on second reading,as amended. Ordinance No.2014-433 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 10. RESOLUTIONS 10A. 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 2.6000 Mills per $1,000.00 of Taxable Assessed Value Which is 9.77% More than the "Rolled Back" Rate of 2.3686 Mills, for Fiscal Year 2014/2015; 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 Hines read the title, and Finance Director Audra Curts-Whann reported noting that we need to report back to the Property Appraiser's office no later than August 4, 2014 of what those dates and rates are. She said at this time we are proposing the Millage Rate of 2.6 Mills in comparison to last year's 2.7 that is a reduction. The Fiscal Year 2014/2015 Budget Hearings will be held on Thursday, September 11, 2014 and Tuesday, September 23, 2014 beginning at 5:30 p.m. Commissioner Scholl mentioned that we should get a good headline as this is the third year in a row that we have lowered the Millage Rate. Public Speakers: None Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2014-2261 was adopted by a voice vote of 5-0 in favor. 13 1 Summary Minutes:Regular City Commission Meeting July 17,2014 City of Sunny Isles Beach,Florida 10B. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida, Pursuant to Section 5.1 of the Municipal Charter, Calling for a General Election to be Held on Tuesday,November 4,2014,for the Purpose of Submitting to the Electorate of the City of Sunny Isles Beach the Names of All Qualified Candidates for Election to the Position of Mayor, City Commissioner, Seat 02 (Central Residential Area), and of City Commissioner, Seat 04 (Mid-South Residential Area); Providing for a Run-Off Election, if Necessary, to be Held on Tuesday, December 2, 2014; Designating One Registered Voter Who Shall Serve with the City Manager and the City Clerk as the Canvassing Board for Said Run-Off Election; Providing for Conducting the Elections, Polling Places, Form of Ballot, Voter Registration, Notice of Elections; Providing for an Effective Date. Action: City Clerk Hines read the title, and reported noting that the registered voter who shall serve on the Canvassing Board is Emanuel Pine. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2262 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 City Manager or His Designee to Sign or Renew All Required Contracts, Agreements, and Purchase Orders that Affect the Health, Safety, or Welfare of the City, During the Summer Recess Period from the Last City Commission Meeting in July 2014 through the First Regular Commission Meeting in September 2014,Subject to After-the-Fact Ratification at the September 18, 2014 City Commission Meeting, and Requiring Legal Review by the City Attorney for Said Contracts and Agreements;Providing for an Effective Date. Action: City Clerk Hines read the title, and reported. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2263 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 an Agreement with Safeware Inc.to Install and Maintain Phase I of a Citywide Security Closed Circuit Television System (CCTV) Project, in an Amount Not to Exceed $1,237,755.80,in Substantially the Same Form Attached Hereto as Exhibit"A";Authorizing the Mayor to Execute Said Agreement;Authorizing the City Manager and 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 Police Captain Michael Grandinetti reported this system will provide the Police Department with 24/7 surveillance of ten (10) parks and locations throughout the City. In addition to the archival data up to about 30 days of video for investigative purposes. He said 100% of this project will be funded through the Department of Justice Federal Forfeiture Funds. 14 Summary Minutes:Regular City Commission Meeting July 17,2014 City of Sunny Isles Beach,Florida Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2264 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,Authorizing the City Manager to Purchase an Emergency Traffic Support Trailer and Associated Equipment for Use by the Police Department,for a Total Cost Not to Exceed$61,685.02, 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 this trailer will replace the one we have now. He said 100% of this project will be funded through the Department of Justice Federal Forfeiture Funds Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2265 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,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)and Law Enforcement Trust Fund(LETF)to Purchase a Citywide Security CCTV Camera System, Emergency Traffic Support Trailer, and Other Permissible Items Listed on the Attached Certification, in an Amount Not to Exceed $1,324,440.82; Providing for an Effective Date. Action: City Clerk Hines read the title, and Police Chief Fred Maas reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2014-2266 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 a Second Amendment to the Agreement with Blue Digital Corp. for Document Imaging Services for the Building Department,in an Amount Not to Exceed$26,000.00,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 Building Official Clayton L. Parker reported. Public Speakers: None Commissioner Scholl moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2014-2267 was adopted by a voice vote of 5-0 in favor. 15 Summary Minutes:Regular City Commission Meeting July 17,2014 City of Sunny Isles Beach,Florida 10H. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the Assignment of Transfer of Development Rights ("TDRs") in the Amount of 7,213 Square Feet of Floor Area(FAR)and 3 Dwelling Units Owned to PMG-S2 Sunny Isles, LLC; Directing the Zoning Administrator to Create a TDR Sub-Account in the Amount of 7,213 Square Feet of Floor Area and 3 Dwelling Units in the Name of PMG-S2 Sunny Isles, LLC;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. (Hear in Conjunction with Item 6A) Action: [City Clerk's Note: This item was heard with related item 6A.J City Clerk Hines read the title, and Zoning Administrator/Planning Manager Claudia Hasbun reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2014-2268 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 the Transfer of Development Rights ("TDRs") in the Amount of 2,809 Square Feet of Floor Area(FAR)and 73 Units to Publix Super Markets,Inc.for the Property Located at 18320 & 18330 Collins Avenue from the City's TDR Bank Account; Directing the Zoning Administrator or Designee to Transfer the TDRs From the City's Bank Account in Accordance with Zoning Resolution No. 14-Z-141; Authorizing for the Adjustment and Modification of the City's TDR Bank in the Amount of 154,289 Square Feet of FAR and 73 Dwelling Units;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 6B) Action: Phase II was withdrawn and there is no need for TDRs. Public Speakers: None Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to withdraw this item. The motion was approved 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 the Lease Amendment to the Agreement between the City of Sunny Isles Beach, Florida, and the United States Postal Service, Attached Hereto as Exhibit "A", Authorizing the Mayor to Execute Said Lease Amendment;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 Hines read the title,and City Manager Russo reported that this is a five- year renewal for lease of the Post Office. The rates went from $18.00 to $21.00 a square foot, effective March 2015. Public Speakers: None Commissioner Scholl moved and Vice Mayor Aelion seconded a motion to approve the resolution. Resolution No. 2014-2269 was adopted by a voice vote of 5-0 in favor. 16 r Summa'Minutes:Regular City Commission Meeting July 17,2014 City of Sunny Isles Beach.Florida 10K. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida, Approving the Donation of Surplus Computer Equipment to the Miami-Dade County Public Schools,Big Brothers Big Sisters of South Florida,and Sant La Haitian Neighborhood Center; Authorizing the City Manager to Do All Other Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Chief Information Officer Derrick Arias reported noting that approximately half of the equipment will be going to the Norman S. Edelcup Sunny Isles Beach K-8 Community School. Public Speakers: None Commissioner Gatto moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2014-2270 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, Awarding Bid No. 14-06-02; Authorizing the City Manager and the City Attorney to Negotiate an Agreement with Ashbritt, Inc., for Emergency Debris Clearing and Removal Operations; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager and 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 Engineer Helen Gray reported. Public Speakers: None Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2014-2271 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 an Increase in Purchasing Authority with Lukes-Sawgrass Landscaping, Inc. for Landscaping Services at Intracoastal Park,in an Amount Not to Exceed$200,000.00 for Fiscal Year 2013-2014; 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 noting that in addition we have asked Lukes-Sawgrass to do the cleanup of Collins Avenue. Public Speakers: None Commissioner Scholl moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2014-2272 was adopted by a voice vote of 5-0 in favor. 10N. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving an Increased Purchasing Authority with Ric-Man International, Inc. for Construction Services at Intracoastal Park& Related Parks, in an Amount Not to Exceed$225,000.00 for Fiscal Year 2013-2014; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. 17 Summary Minutes:Regular City Commission Meeting July 17,2014 City of Sunny Isles Beach,Florida Action: City Clerk Hines read the title. Public Speakers: None Vice Mayor Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2014-2273 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 a Settlement Agreement in the Case Styled"Temple B'Nai Zion,Inc.v.City of Sunny Isles Beach, et al. Case No. 10-24549-CIV-KMW" in Substantially the Same Form Attached Hereto as Exhibit "A"; Further, Approving a Restrictive Covenant for the Property Located at 200 178th Street, Sunny Isles Beach, FL, 33160, Designated by the City's Historic Preservation Board as an Historic Site,in Substantially the Same Form Attached Hereto as Exhibit"B"; 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: Signed Exhibits "A " and "B" were distributed prior to meeting.] City Clerk Hines read the title,and City Attorney Ottinot reported that it has been 4'/2 years and we have now been able to come to a settlement. The terms of the Agreement, since the Executive Session, has not changed. He introduced his Special Co-Counsel, Ben Brodski,Esq. as well as Keith Silverstein, Esq.the Temple's attorney. Mr.Ottinot noted that Rabbi Aaron Lankry has executed the Settlement Agreement and the Restrictive Covenant. Co-Counsel Ben Brodski, Esq. said he recommends that the City Commission approve the Settlement that has been reached between the Temple and the City. The terms of the settlement have not changed since they briefed the Executive Session. It would involve a $175,000.00 payment of cash to the Temple to be covered by the City's Insurance Carrier. The Settlement Agreement also involves a transfer 15,000 TDRs from the City's account, and in exchange the Temple would agree to maintain the historic designation on certain sections of its property in perpetuity. This would ensure that the Temple is maintained as a place of religious worship and community gathering for the City for many years to come. This of course would involve the dismissal of the litigation, and they think this is a good settlement and recommend that the Commission approve it. Public Speakers: Marc Mogil Attorney Keith Silverstein said that Mr. Brodski, Esq. has echoed the sentiment of the Temple as well. This was a very difficult and taxing litigation for everyone. Upon the encouragement of Judge Kathleen Williams, who presided over the case, the parties were able to come together again during a third mediation session over two days, ten hours, attended by the Mayor as well. He believes this is in the best interest of all involved to put this behind us and allow the community to continue to prosper. Commissioner Scholl said this is a very complex item, and he believes that this was a very emotional issue for certain members of the Commission at that time. He and the Mayor were the only two on the Commission at that time,and former Vice Mayor Lewis Thaler was also on the Commission at that time. The fact is on that particular evening and that particular issue he believes that logic did not prevail. We had a long drawn out protracted set of law 18 Summary Minutes:Regular City Commission Meeting July 17,2014 City of Sunny Isles Beach,Florida suits as a result of that particular Resolution that was passed. He was very vocal about it at the time and throughout those lawsuits, it was very frustrating. We all got deposed,we spent a lot of time on legal fees, there was an argument made that our insurance carrier paid the legal fees but our Legal Department still spent a lot of time on this issue. This is not without cost to the City,we are taking 15,000 TDRs out of our TDR Bank and we are giving them as compensation for the historical designation. At the current going rate that is worth $1.5 million dollars. Although the $175,000.00 is coming from the insurance carrier, the City is still suffering the opportunity cost of upwards of$1.5 million dollars to settle this issue.He is voting for the settlement for the simple fact that he is one vote, he was outvoted on that particular issue,he never believed that the property should have been designated however as far as the settlement is concerned,the property owner is getting some just compensation. We followed a process for designation,he is not questioning the validity of the process,but he is questioning the fact that his colleagues emotions ran high. Mayor Edelcup said we followed all of the procedures,and we are here with a settlement and there is nothing to be gained by rehashing what was done 5 or 10 years ago. Commissioner Scholl said we learned from it. Mayor Edelcup said he thinks we have learned from it but we did follow the procedure and the designation was upheld. Commissioner Gatto moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2014-2274 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS None 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 14. ADJOURNMENT Mayor Edelcup adjourned the meeting at 8:35 p.m. Respectfully submitted by: Approved by the City Commission on Sept. 18, 2014 I it A Zi/IggPV) -Z&6 ?'P Jane A. Hines, MMC, City Clerk Nor n S. Edelcup, May 19 s, pNY `st City of Sunny Isles Beach ,t/ ',n 18070 Collins Avenue 15( C j Sunny Isles Beach, Florida 33160 4 p''�."�r (305) 947-0606 City Hall FLr' .r a, S y H F� (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Jane A. Hines, MMC, City Clerk DATE: 9/18/2014 RE: Summary Minutes for the July 17, 2014 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the July 17, 2014 Regular City Commission Meeting. REASONS: N/A ATTACHMENTS: . Summary Minutes