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HomeMy WebLinkAbout2015-0521 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, May 21, 2015, 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 Jeanette Gatto City Attorney Hans Ottinot Commissioner Isaac Aelion City Clerk Jane A. Hines, MMC Commissioner Dana Goldman Deputy City Manager Stan Morris Commissioner Jennifer Levin Deputy City Attorney Fernando Amuchastegui Timothy Byrd, K-8 Student Body President 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Police Chief Fred Maas noted that May is Memorial Month, and this coming weekend is Memorial Day Weekend. We honor and remember both our military, past and present, and our law enforcement who have made the ultimate sacrifice. As a special tribute in their honor, following the Pledge of Allegiance we will have a special rendition of"God Bless America"as he is accompanied tonight by Jasmine Michaels who is a resident, college student and previous scholarship winner for the City of Sunny Isles Beach. Chief Maas led the Pledge of Allegiance to the flag, and then he and Ms. Michaels sang "God Bless America". Chief Maas then gave the invocation. Mayor Scholl gave opening remarks of decorum, and gave an update of activities in the City. At last month's meeting we appropriated the funding to buy the land next door to City Hall which we call the"Alamo Property". On that property our intention is to build a building that will house an expanded school,a Senior Center,and some commercial office space. The City Manager has been working with the School Board and it turns out that the School Board wants to move grades 6, 7, and 8 to that building which actually will be good for us because originally they wanted to move the kindergarten K through grade 2 which requires a lot more infrastructure including having to use the first floor and having a bathroom in each class room. With grades 6 through 8 we have a lot more flexibility in the building design which the City Manager is working on. City Manager Russo said the other part of that which is important and it is just one component, parking is obviously a big issue and this gives us the flexibility to have a level of parking at the ground level besides the level we are going to have partially underground. That was a big difference, one of our main concerns was having adequate parking with this development. Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida Commissioner Aelion noted that we are going to have a middle school standing on its own and it is a big addition to our City with pride. We have been approached many times regarding a high school but we are not that size of a City. Mayor Scholl said that the School Board is giving us flexibility and so we are in the process of a building design now,and then we are going to negotiate with the School Board. One of the things we added as a condition,a lot of people are coming from outside of the community going to that school that are not supposed to be there, and so we are also working with the School Board on mitigating the District Jumpers, and so that is part of the plan in getting this whole package approved. Mayor Scholl said the second issue we have been working on is the "Beach Erosion Study", and so again we appropriated the funding for that and the firm has commenced its work. We are also talking to our coastal neighbors, Golden Beach to the north, and Bal Harbour, Surfside, and Miami Beach to the south. We are putting together potentially a coalition to focus on sand because we all have the same problem. Ironically he met with Mayor Packer today from Bal Harbour. Our sand goes down to Haulover by the jetty at the cut,and because of the proximity of that, that sand is pumped over to Bal Harbour. He explained to Mayor Packer that he is pumping our sand into Bal Harbour. Mayor Scholl wrote an article a few months ago called"Shifting Sands",but we are looking at ways to mitigate the shifting sands and then potentially stabilize our beach. We also believe that if we form a coalition there will be safety in numbers and we will be able to have a larger lobbying presence for the State and the County to get funding to do the Beach Renourishment Project in a more timely manner. Mayor Scholl said the last issue is the "Traffic Pedestrian Comprehensive Study". That company has been hired,and they have been on site and are starting to do an analysis. We are forming a Steering Committee made up of certain members of the public from different areas, such as a development member and a single family home owner member. We are going to have a few folks on that Steering Committee to give them some insight on what it is like to be in that particular condition in the City as a resident or as a business owner. We are going to have two Town Hall Meetings to get public input for that. One is going to be on July 9 and one on September 22, 2015. We will be sending out notices on those Town Hall Meetings. That will give everybody a chance to come and speak to the Consultants, give them your input,your ideas,and get some feedback from the Consultants. We want a very open process so that everybody has the ability to come and voice their opinion. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting—April 16, 2015. Action:Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the above mentioned Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. 2 Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Additional Information: Item 6A. Estimated Fees/Schedule;Hear out of Order: Hear Item 10E after Item 6A; Deferrals: Item 9C. Sign Repairs Ordinance. Action: Mayor Scholl noted the above changes to the agenda. Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the above changes to the agenda. The motion was approved by a voice vote of 5-0 in favor. 5. SPECIAL PRESENTATIONS 5A. A Presentation by Florida State Representative Joseph Geller regarding an Update on Legislation Activities. Action: [City Clerk's Note: This item was heard after Item 5B as Representative Geller arrived late.] Mayor Scholl said each year about this time it has been customary for our local State Representative to come and give us a flavor of what is going on in Tallahassee, and he introduced State Representative Joseph Geller. State Representative Joseph Geller said they didn't quite finish in Tallahassee and have to go back on June 1,2015 for a Special Session. There were a few things that did get done during their session, and one is a Bill passed that will address some abuses in the guardianship arena, spearheaded by Dr. Sam Sugar of Aventura. The Bill is a first step, it leaves a lot still to do but there have been some terrible abuses there and this is the first step towards changing that. He was involved particularly with education, he served as the ranking Democrat on the K-12 Subcommittee and also a member of the Education Committee, and he is very happy to report that they did pass one very important piece of legislation which reduces the number of high stakes tests that our students have to take. In the wake of this legislation, both Miami-Dade and Broward Counties have announced that they are cutting literally hundreds of tests that students have to take. Again, it is a very good first step. Representative Geller said they did not accomplish the one constitutionally mandated duty that the Legislature has which is to adopt a balanced budget for the State of Florida. There are a lot of reasons why that happened, and that is the issue of the day. For people who have not followed it closely and want to know what is going on, it comes down to healthcare. The issue with healthcare is this,there has been a federal program called the"Low Income Pool" that the federal government has provided funds for states to help care for indigent patients. Florida has been the beneficiary of that, and this year were the programs to be continued it would result in$2.2 Billion for the State of Florida. The Feds have told us that that program is going to be ending and this is not a surprise as they were going to end it last year. One of the provisions of the Affordable Care Act is that it provides for money to expand access to healthcare. Possibly through Medicade but not necessarily as Medicade is a little bit of a controversial program. The fact is that the federal government would make available to the State of Florida this year another$2.8 Billion to use for expanding access to healthcare and this is tied into the Low Income Pool. The goal here is to reduce people's reliance on Emergency Room care, and to get them covered with health insurance. Emergency Room care is both the most expensive and least effective kind of healthcare there is. By providing access to better health insurance, people hopefully would be eligible for things like 3 Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida preventive care,wellness care,things that are both more effective and would result in a better outcome and also be cheaper. Keep in mind that even though the Feds provides part of the cost of indigent care, we also contribute to that cause through our local taxes to support institutions like Jackson Memorial or Hollywood Memorial and so theoretically you should have some beneficial effects all around. The problem is that there is a gap in coverage. A lot of people think this issue about Medicade is designed to help the poorest people in our State and there is nothing wrong with that but the fact is if you are really poor in Florida,you have health insurance. You have Medicade, you are covered. Past a certain income level, if you need health insurance you qualify for subsidies under the Affordable Care Act,under Obama Care, that can help you buy your health insurance. But there is a gap from about 20 to 55 Thousand Dollars in income and if you fall into that gap you make too much money to have Medicade but not enough to qualify for subsidies for Affordable Care Act or Obama Care Insurance. That means that people who have gotten a job and are working sometimes two jobs because they can't get benefits,are out there and their initiative and work is awarded by being told you have lost your health insurance, you make too much money which makes no sense. The State Senate has almost the same composition as the State House he serves in. It is roughly 2 to 1 Republican but almost unanimously our State Senate has come up with a proposal that would expand access to healthcare coverage,they call it FHIX, it is a fix to the problem, the Florida Health Insurance Exchange. It is based on private insurance but it would allow us to not only draw down that $2.8 Billion in federal money to expand healthcare coverage this year,but probably if we did that, some kind of a deal could be made with the federal government for this other$2.2 Billion in funding. The total is$5 Billion and in fact,over a ten-year period the federal government is willing to give to the State of Florida $50 Billion to expand healthcare coverage, initially paying 100% of the cost and over the course of these years declining to where they would still pay 90% and keep in mind, that is our money. We paid that money in taxes, we are a donor state, and they are offering to give us back$50 Billion,and somehow we haven't been able to figure out the right answer to that which is yes, thank you. And so that is where it stands, the Senate has a plan in place, for reasons that they would be better able to explain than him or his colleagues in the House,and the House leadership has not thought that is the right way to go, and that is the impasse that we face. Personally he thinks we should be taking their money and thank everyone that has a job and healthcare,we should expand it so we have better outcomes for people,and it would be the fiscally responsible thing to do because it actually will reduce healthcare costs. Representative Geller said there were a lot of things that they were not able to get done during this session. There is a horror going on in our prisons that has been very thoroughly reported and we couldn't agree between the Houses on a"Prison Reform Bill". There have been promises for more money for education but if we don't accept some of this federal money they may need to use that education money to help cover this indigent care gap. There are problems with waiting lists for affordable housing, we continue to incarcerate people who are mentally ill instead of having treatment beds available because again it is a funding issue. The budget that the House has proposed for the State of Florida is $75 Billion,the budget that the Senate has proposed counting these two pots of federal money is $80 Billion. $5 Billion on that size budget, that is a really significate portion of the State budget and so this is not just about health care. 75% of the voters in this State voted for Amendment One to protect our land and our water more effectively and we haven't reached an agreement as to how that is to happen. That $5 Billion spread across our State budget 4 Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida would be of enormous impact in addressing some of these critical needs that we are talking about and he knows we face here every day at the local level. The signals that he is getting is that we will have a balanced budget. He would be glad to stop by after that session with an update. He introduced his wife Betty, daughter Michele and his Aide Jeremy Kozyak. 5B. A Certificate of Appreciation to be Presented to Timothy Byrd for his Service as President of the Student Council at the Norman S. Edelcup Sunny Isles Beach K-8. Action: [City Clerk's Note: This item was heard before Item 5A.J Mayor Scholl and the Commission presented Timothy Byrd, K-8 Student Body President, with a Certificate of Appreciation. Commissioner Aelion said the Certificate is being given to Tim in recognition of his participation here throughout the last two(2)years by joining the Commission on this dais many times during Commission Meetings. He is now graduating from the 8th Grade and will be attending Alonso and Tracy Mourning High School in the fall. Commissioner Aelion noted that Tim's family was here in the audience supporting Tim. Commissioner Aelion also noted another student who has distinguished himself. On May 6, 2015 we had Law Day in the North Justice Center and part of the regular program is a Law Day Essay Contest, and Lou Abrado from grade 8 at the Norman S. Edelcup Sunny Isles Beach K-8 was honorably mentioned. 5C. Acknowledgement that the City of Sunny Isles Beach Received the Government Finance Officers Association(GFOA)Distinguished Budget Presentation Award for Fiscal Year 2014/2015. Action: Mayor Scholl acknowledged that the City won the GFOA Distinguished Budget Presentation Award for FY 2014/2015. City Manager Russo thanked the staff of the Finance Department,all the departments work on their budgets but the Finance Department puts it all together. He noted in order to achieve this award, a lot more data and information goes into that budget. At the time when they first got this award they combined the Animal Report we used to do with the Budget along with the level of performance measurements. It is really an involved process and they deserve a lot of credit for getting this award. It does seem to become routine but he can tell you that it makes the budget process a lot harder every year. 5D. A Special Presentation by the Police Department. Action: Police Chief Fred Maas asked Lt.Detective Mike Mulvey to join him at the podium. Chief Maas reported just after midnight on Sunday, February 8, 2015, Detective Mike Mulvey from the Sunny Isles Beach Police Department had just arrived home when he decided to take his dog for a final walk around the neighborhood. That decision proved to be a lifesaving one for a young man who lived nearby. While walking his dog, Detective Mulvey a 20+ year veteran of law enforcement heard a car engine idling somewhere in the area. Since there were no headlights burning it was difficult at first to locate it, when he did locate it he observed a hose leading from the tailpipe of the vehicle affixed and sealed with masking tape and leading into the vehicle via a closed window. He immediately rushed over 5 Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida to the vehicle and looked inside and spotted a young adult male laying down on the back seat barely conscious. The hose leading into the vehicle from the exhaust pipe was doing its intended purpose,putting the occupant to sleep and ultimately to death by carbon monoxide asphyxiation. Detective Mulvey called 911 and proceeded to force his way into the vehicle. There was just enough room through the window to forcibly remove the hose first,and then force the door open. Detective Mulvey dragged the almost lifeless adult male out and began emergency aid as medical units arrived and Police responded to the scene. The victim later admitted when interviewed that he suffers from schizophrenia and was off his medications and intended to take his life. Chief Maas said the irony of this story of rescue was that Detective Mulvey true to his style of humility and quiet demeanor said nothing to anyone of the incident or his life saving rescue. Not until he received a call from a Tamarac District Deputy from the Broward Sherriff s Office were we informed of Detective Mulvey's heroic actions. It is consistent with his professionalism,humility,and dedication both on and off duty. And since he didn't relay this story to him, he had no idea that he was being rewarded tonight, we were able to keep that from him. In fact, he doesn't even know that his parents and sister are in the audience tonight. His father is retired law enforcement in Newark,New Jersey,and currently works for the Broward Sherriff s Office. Chief Maas presented Detective Mulvey with the "Life Saving Medal of Valor" on behalf of the Dade Chiefs Association, the City of Sunny Isles Beach,the Sunny Isles Beach Police Department,and most importantly,the citizens for whom we work for. Detective Mulvey said he is humbled by this recognition. He is here to do a job for this community and it doesn't matter if it is Sunny Isles Beach or anywhere else, it is what we do and we try to be professional and maintain that image for the public. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of 17550 Collins Avenue, LLC. for the Residential Condominium Tower/Restaurant Project for the Property Located at 17550 Collins Avenue for the Following: (Hearing #PZ2015-10) Summary: The Applicant is seeking approval of a site plan application for an 18-story residential tower with a ground floor restaurant. The application consists of 77 residential units and 165,538 square feet of floor area ratio(FAR).The Applicant is requesting permission to purchase and assign 38,104 square feet of floor area and six(6)dwelling units from the City's Transfer of Development Rights Bank("TDR Bank").Additionally,the Applicant is requesting approval of the use of mural and graphics on temporary construction fencing. 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 an 18-story residential tower with 77 residential units and a restaurant with a total Floor Area Ratio(FAR)of 165,538 square feet. 2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting permission to purchase and assign public TDRs in the amount of 6 Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida 38,104 square feet of floor area and six(6)dwelling units. If TDR application is approved by the City Commission, an adjustment to be made for a decrease 38,104 square feet of floor area and 21 dwelling units in the City's TDR Bank. 3. 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. Protests 2 Waivers 0 Ex Parte 4 Action: [City Clerk's Note: Additional Information of Estimated Fees and Construction Schedule was distributed prior to the meeting.] Mayor Scholl 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 the City has received two Protest Letters from Raanan Katz, and residents of King David Condominium, Igor and Semyon Libo, and Ella Belkina;and a Support Letter from Rabbi Yisrael Baron. City Attorney Ottinot asked if there were any Ex Parte Disclosures and each member of the Commission, except for Vice Mayor Gatto, said they had met with the Developer to discuss the Application. Commissioner Aelion and Commissioner Goldman each met with Rabbi Baron about this project as well. Planning and Zoning Administrator Claudia Hasbun reported the Applicant is seeking approval of a site plan in conjunction with an as-of-right application, and there are three(3) requests in this application [noted above]. The proposed site plan includes an increase of floor area ratio of 0.95 from the floor area ratio bonus system. The Applicant is required to provide the City with a non-refundable deposit in the amount of 10% of the approved purchase price of$784,080 for the FAR bonuses acquired from the City. The total amount of the required deposit is$78,408 and shall be made within three(3)working days if the project is approved. The proposed TDR Application is a request for approval for the purchase of 38,104 square feet and 21 dwelling. The TDRs purchase proposal is an increase in density of 9%of the allowed 30%of the increase of density,and approximately 30%of increase on the square footage meaning the intensity of the project. In other words, the effect of the TDRs purchase is a greater increment of the project size in terms of the square footage with a lesser effect of the residential units' increment. Staff and Consultants have reviewed the Site Plan Application and based on the review, the Application is consistent with the City's Comprehensive Plan and Land Development Regulations. Staff has also reviewed the TDR Application, and as stated in the Staff Report, the City Commission has the absolute discretion to approve or deny that purchase of TDRs. In addition, the Applicant is not requesting any variances and if this Site Plan is approved, it is subject to all conditions stipulated in the Staff Report. Public Speakers: Ethan B. Wasserman, Esq.; Tim Lobanov; Robert Morales; Barbara Pederzoli, Architect; Raanan Katz; Gloria Taft; Tucker Gibbs, Esq.; Andrey Fedotovskiy; Ludusibr Begedtos; Dennis Klein; Eliza Leah Shaffer; Lyon Roth; Adam Taxin; Mendel Bergovoy; Kevin Thomas; Joshua Abehsera; Sam Jaffe; Toby Baron; Rabbi Yisrael Baron; Vinogradov Vladinirr; Eliza Brandt; Richard Garcia Ethan B. Wasserman, Esq. representing 17550 Collins Avenue, introduced his team here 7 Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida tonight, Dimitriy Romantsoff and Tim Lobanov from the Applicant ownership, Barbara Pederzoli and Carolina Kaufmann from Revuelta Architecture, Tyler Nielson, Landscape Architect, and Richard Garcia, Traffic Consultant. He said this is a fantastic project that will contribute in a positive way towards the Collins Avenue Corridor and Sunny Isles Beach in general. This is an as-of-right project that fully complies with the Land Development Regulations and Comprehensive Plan. This project is 190 feet in height, contains 77 residential units, 162 parking spaces,a 6,000 square foot restaurant on the ground floor which is really a 4,500 square foot space with 1,500 square feet back of house, this will activate the pedestrian corridor along Collins Avenue. They are also pleased to say they are offering a Mikvah in their facility. They are utilizing three (3) bonuses as allowed by the City Code as well as TDRs. To provide some context to the project and its location, two (2)properties to the north is the Marriott Hotel recently approved by this Board. That project is 190 feet in height, over 100 hotel units, and it was approved with TDRs. South of that is the RK Shopping Plaza with surface parking. To our east is Collins Avenue and all the high-rise condo towers along the beach. Two (2) properties south of us is the Winston Towers 600 building, 23-story condominium tower well over 100 units, and also Walgreens to our south. To our west is the King David Condominium which is a 180-foot tall tower with about 90 units, the Chabad is on the first floor and that was approved with TDRs as well. Since this project is designed in accordance with the LDR regulations, it does not require any variances. The City's professional staff has reviewed their plans and Application,and determined that it does comply with the LDRs and the City's Comprehensive Plan. The Staff Report is substantial competent evidence for you to rely on to approve their Application. Mr. Wasserman said they submitted a Traffic Study that confirms the level of service will not be affected and their project will not negatively impact traffic in the area. Their Traffic Study through the City's Code and process, goes through a rigorous peer review where City Consultants review our Consultant's Report and determined our Consultant's reports are correct, our project will not affect traffic in the area. Before turning this over to the Architect he wants to make a few statements on the record. First he has the privilege of representing a really great client. He tells all his clients to go out and meet with your neighbors, the local stake holders,local resident associations,the elected officials,board members if allowed,and they really took that to heart. They went out and met with anybody and everybody that would meet with them, for example, there was a resident at King David Condo that had a concern over a design they had for the northwest corner of their project. As soon as they found out about that concern they went back to the drawing board, internalized the stairwell which was his concern, and satisfied that neighbor's concern. You will hear tonight from Rabbi Baron, the chief Rabbi of the Chabad abutting their property in support of their project. You will also hear from the King David Condo Association with whom we have a great relationship and we have been working with them over the past several weeks. You will also hear from several residents in favor of their project. Mr. Wasserman said there is a concept that this development on the west side of Collins Avenue will detract from the character of Sunny Isles Beach or Collins Avenue. He would like to state on the record and clarify that sentiment does not and should not apply to this project specifically. First and foremost this project is being built in accordance with the Code in effect at the time their client purchased the property as well as the Code in effect today. They are not asking for any variances and are developing what is otherwise as-of-right. 8 Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida Second,the existing as-built context of our project puts us square in the middle of other tower developments. What they are asking for is fair treatment as with other projects that have come before you, the political climate should not influence this project. Every application is required by your Code to be reviewed on its merits and they are asking for a fair review of their application. Turning to the TDRs, we are asking for 38,000 square feet of TDRs which sounds like a lot,when you have a hotel or an office building asking for 38,000 square feet of TDRs, resulting in increased impacts to the neighborhood, traffic, etc., it does impact a neighborhood. Their request for TDRs is merely to add six(6)additional residential units,six (6)families will be able to live in this project as a result of their request for TDRs. The 38,000 square feet allows them to provide larger units, their goal is to provide a family-oriented development. The 38,000 square feet will be spread out over those units. Without TDRs,we are about 130,000 square feet and 71 units,with TDRs 168,000 square feet and 77 residential units, there is no impact to the community from approving our TDRs. The vision for this project is somewhat different from the other high-rise developments you have seen. Tim Lobanov said he is a member of the Verzasca Group in Bay Harbor Islands,the developer who is presenting this project. The Verzasca Group is a global real estate development company and delivered over 5,000 apartments. Their development is not limited to residential but includes two recent Kindergartens and two full sized schools for over 1,300 students, as well as apartment buildings, shopping malls, and hotels. Their current local project includes two buildings in Bay Harbor Islands which are now 50% sold, and a 57-story tower in Edgewater. They are proud to be here tonight with this exciting project that they feel is a tasteful addition to the local neighborhood. Their vision for this project is to create a family oriented facility geared towards full-time residents. Their building is designed with large units catering to a family lifestyle. Their goal is to fill a need whereby current and perspective residents of Sunny Isles Beach can find beautiful apartments that are not geared toward the world's luxury elite. Their request for TDRs will allow the average unit size of 1,750 square feet, and without TDRs the average unit size will be 1,450 square feet. The TDRs they are requesting will give families more livable space, and it will only add insignificant density. From the project's conception they have reached out to the Mayor,Commissioners,neighbors, and local stake holders. He is pleased to say that they have worked with the King David Condominium Association and Chabad right next door and look forward to a positive relationship going forward. They also reached out to several local condo associations, business owners, and individual unit owners in the King David. He wants the Commission to know that they have proactively and diligently reached out to anyone and everyone in the hopes of creating a dialogue with their neighbors. They want to be good neighbors and they are committed to build a great project and ensure the successful development of this property. Robert Morales, Sales Manager of this project, said they are catering to many Sunny Isles Beach residents that have been pushed out of this City for the lack of properties that are within a more affordable, a more attainable price. They want to attract new families, they want families to grow and raise their children here,to go to school here,to make Sunny Isles Beach grow. We don't want our building to be used as any platform for any ambassador or a flipper to come in,we want families, and that is why we need those TDRs so we can get more livable space for the units. The majority of our units are priced under$1 Million which if we look at today's market and everything that has been built in the City which surpasses that mark. They are asking for the City to treat them with fairness. 9 Summary Minutes:Regular City Commission Meeting May 2I,2015 City of Sunny Isles Beach,Florida Barbara Pederzoli, Architect from Revuelta Architecture International, presented a PowerPoint, renderings, and 3D models of the project. The project is located in the B1 District on the corner of 175 Terrace and Collins Avenue in the current location of Denny's Restaurant. They have proposed a 39-foot high podium, and they tried to keep the podium as low as possible to stay within the context of our neighbors to the west. There is a very large setback on the front of the property of about 50 feet,and up to 190 feet in height. This setback forces the building to be located to the west side and it comes to the property line of the King David. They angled the building a little to create some pockets of air and space between their building and the King David. The project proposes a commercial component on the ground level, a restaurant, and they have separated the entrances and exits to the side for the commercial component and the residential component, trying to keep the residential component to the northeast 175 Terrace secluded from the commercial uses and the traffic that will be generated from the restaurant. Entrances to the restaurant will be on Collins Avenue, entrance and exit to the residential component will be on 175 Terrace. They also created a large plaza on the ground level which is going to activate the pedestrian experience along Collins Avenue with activity and users. The plaza is about 30 feet and a portion of it will be covered. The ground floor includes access for valet parking, and a ramp for second and third level parking. The garage has 168 parking spaces, they proposed mechanical lift parking on the ground level. They are targeting mostly family oriented and most of the units are two- bedroom units but there are also a few three-bedroom and one-bedroom units. The building is 17 stories, 190 feet for the tower component, and 39 feet for the podium. The inspiration for the design was to bring some of the waves of the ocean to this side of Collins Avenue. The parking garage is screened with metal mesh,and they are proposing an aluminum constructed element and are trying to incorporate the same language into the garage as in the building. She showed an element for art work and lighting effects for the mesh behind the artwork which will create shading because of the separation between the two schemes. At the rear of the building they have a vision of a green wall with vines that will grow the three stories of the parking garage toward the neighbors to the north and to the west. Mr. Wasserman handed out a picture of the two models with and without TDRs. Vice Mayor Gatto asked where or how are you planning to stage the project, she knows it is kind of a tight space. Ms. Pederzoli said the tower foundation is going to be the deeper portion of construction at the beginning, and so they will have all the space where the podium will be built to study the condition excavation and after they complete that structure then they will move the construction in the other area. Vice Mayor Gatto said then that you are saying it will be contained, you are not going to be asking for space outside of the footprint. Ms. Pederzoli said it is going to be contained on the site. Mayor Scholl asked about retail valet, and so folks that come for the retail component will self-park. Ms. Pederzoli said it is for the restaurant. Mayor Scholl asked where the delivery trucks will pull in, and Ms. Pederzoli said from Collins Avenue. Mayor Scholl said then that they will pull in the same spot as the retail customers? Ms. Pederzoli said yes,there will be a dock master there in charge of the deliveries and pickups for the loading area. Mayor Scholl opened the public hearing. After hearing several speakers,Mayor Scholl closed the public hearing. 10 Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida Ethan Wasserman aid in rebuttal,ebuttal, a lot of the comments evolved around traffic and so he asked his Traffic Engineer Richard Garcia to speak about that. Also,in terms of their neighbor to the north and south parking,they cannot control their neighbors parking but they would be happy to proffer putting up signs that say no parking on the neighbor's property. They will do what they can but cannot control their neighbors' property. The City's Comp Plan and Zoning actually encourages mixed use and that is where their restaurant on the ground floor comes from,the residential project with the restaurant on the ground floor. It activates the pedestrian experience, it is a positive addition for their project. Guiding principles of the City were mentioned,that is your Comp Plan,your Comp Plan is updated and that is what provides your guiding principles, and we are building in accordance with your Comp Plan. Richard Garcia, Traffic Engineer, said they did a Traffic Impact Study for this project. That Traffic Study was peer reviewed by your Traffic Consultant. He summarized some of the findings: they analyzed levels of service for the nearby affected intersections at 174th, 175th Terrace, 178th,and they also looked at the driveways to determine their levels of service. They also looked at the queueing for the mechanical lifts,and he understands that the City hasn't yet used mechanical lifts. They have been involved with mechanical lifts in Miami Beach for several projects dating back five(5)years. All the existing levels of service remained and that is where the comment came from, that there would be no impact with the traffic. There was one intersection at 178th and Collins Avenue where the level of service changed,however the change is because the existing level of service is really on the threshold. There is a delay there at that intersection where it changed from 19.9 seconds to 20.5 seconds, and so there is a 6/10's of a second change. Every project that you put in brings additional traffic, brings impacts, but the point is whether these impacts pass a threshold that caused some offsite mitigation or require offsite mitigation because we need all the levels of service. Mr. Garcia said there was also some discussion and comments regarding the parking where the lifts are and the staging for delivery vehicles, there is a Dock Master as was mentioned,there is also space for trucks where all the deliveries will be made on-site. We did a queueing analysis to determine if we have sufficient queueing, and he worked with the Architect in order to improve the ingress. He is a former FDOT Traffic Operations Engineer,and Collins Avenue is an FDOT road, he was the District Permit Engineer. FDOT is going to ultimately have to look at these site plans and various Traffic Studies that he has done,and revisions that he has made,to determine whether that will work. The last thing they want is any cars backing up and blocking Collins Avenue. They took a look at that using statistical analysis and found that the queueing will be exceeded probably less than 5% and so it has a 95% success rate. There is also an additional three (3) spaces that he convinced the Architect to design into the driveway ramp off from Collins Avenue so that if there is some failure, some additional traffic, to queue these vehicles. The intent is for all the traffic to be contained on-site including truck traffic. Truck traffic is something that is generally managed, it is off peak,we do peak hour analysis and so it is the worst case scenario. Mayor Scholl asked him if the truck traffic would be able to drive through or do they have to back out? Mr. Garcia said there is a spot for them to pull into, they will be able to back out, not out onto the roadway, but they would be able to make a U-turn on the property. 11 Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida Commissioner Levin asked about the ingress and the egress for the property on both sides,that would be the best or only way to do it? There were no other solutions for the parking and the way it was done? Mr. Garcia said they have a lot of constraints, and when he first looked at one of the plans he knew immediately that even if it passed muster here it wouldn't in FDOT. With his experience he immediately brought it up to the client's attention and they worked on revising it two or three times before they presented it to the City.Not only does it get approved here but ultimately it gets approved by FDOT as well. Commissioner Levin said she is feeling what everybody is saying tonight. We have a problem in Sunny Isles Beach with the traffic and the congestion, and the construction. Everybody understands that the people including developers,come in and they buy property and they have an expectation to be able to build what the Code allows them to build. So to the extent that it causes additional congestion on the road, she thinks it is what it is, and there is really nothing we can do about it because they are allowed to build the building. We also can't tell them what to do on the property except to a certain extent. Certain types of businesses are prohibited by our Code but we can't tell them that they can't have a restaurant there. If it is not a destination restaurant then chances are that we won't get a lot of traffic from outside the City so hopefully people who live here will walk. We are doing this Transportation Study, maybe there will be better ways to get there, maybe bicycles, however that is going to come out at the end. That having been said, if you look at the TDRs, you can look at it from two different perspectives, you can say if we sell them the TDRs they get six (6) additional units, and it doesn't seem like a lot generally. If we don't give them the TDRs it's really not changing the envelope of the building,they are showing us what the building is going to look like, and the math is still going to be the same. So you can take the perspective that, what is the six units, but maybe the answer is to start chipping away, little by little. Even though it is only six units, if it is six units here and maybe five units there, in the long run it could make a difference. Vice Mayor Gatto said this is her District, she represents it and lives in Winston Towers 300, and she knows it is an as-of-right project. We have to be incredibly diligent about the decisions that we make on the west side because we have to live with them, to use a phrase from a movie,"What we do today echoes an eternity." We have to live with the decisions that we make for 30, 40, 50 years. To paint a little bigger picture of what is going on in Sunny Isles Beach because she likes to look at everything. We have four(4)projects as well as other things that are going on and she thinks it is important to list them germane to the situation. 1) We are building an Annex to the School next to City Hall which certainly is going to add some issues there. School hours are a game changer in a City especially with a City as small as ours but we all make that sacrifice because it is for the kids. 2.) We are going to be experiencing a new Publix being built 2'/z times the size that is there right now, that is actually across the . street from the school. 3.)Right now she is painting a picture of North Bay Road and some of the issues that we are going to have. She is doing that because North Bay Road has become a back street for Collins Avenue for people that are not even our traffic. 4.) There is an Emergency Bridge that is going to start construction in July that is between two Winston Towers Buildings that is going to feed into North Bay Road. When that is used for emergency vehicles the world stops. It is going to bookend the other strip mall where this project is,and she didn't support that. She felt that the same issues were to have people that are in a hotel begin using all the back streets to navigate their way around our City to get onto Collins 12 Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida Avenue. Her biggest issue is the traffic, however this is a beautifully designed building. Vice Mayor Gatto said she doesn't understand why there is a restaurant in a condo that is adding to the density of this whole thing. Her issue is the traffic, and she does her own traffic study when she walks out her front door, she walks to City Hall from Winston Towers a couple of times a week. The other day she walked down Collins Avenue at about 1:30 p.m., the traffic was backed up north as she was standing in front of Denny's. What was happening is that there is a stop sign on 174th Terrace right across with Walgreen's,two cars were at that stop sign trying to get onto Collins Avenue and no one would let them in. A half a block away which is the corner of 174th and Collins Avenue there is a bus stop and nobody was moving. We will characterize 174th and Collins Avenue as the busiest intersection in the City, it leads into Samson Oceanfront Park and you have tons of pedestrians crossing the street on the north side and the south side, and so it is something that we are dealing with. She can't imagine people coming in and out of Walgreen's, coming in and out of this restaurant, and residents coming in and out of that area. Without the presence of the building it seemed to her completely chaotic, and she can't figure out how all of this is going to go down, how it is going to be executed. Having both a restaurant and a condo there is a little bit on the dense side, and she is really worried about this, she lives it every day. The only thing that she can say is if they can rethink this project because in her heart she knows that the individuals that buy these units in this building have absolutely no idea of what their quality of life will be trying to get in and out of that building. It is where we have our cars, it is where we shop, it is where we take our kids to school, it is where we do pretty much everything we do every day. We have no wiggle room for error, and we really need to figure out this situation especially traffic-wise. Commissioner Aelion said so much has been said about traffic issues in Sunny Isles Beach. Tonight we heard residents presenting for and against the project, it is almost an equal amount of residents here. He is torn emotionally because he is of the Jewish faith and it is extremely important to have a Mikvah in the City. With that said, we have a serious issue as stated here by Vice Mayor Gatto and Commissioner Levin. With all due respect to the Traffic Engineer mitigating the studies for traffic impact, etc., we are talking about the quality of life here for our residents, and talking about young families moving in wanting to buy affordable housing compared to the east side of Collins Avenue. He wants to point out that we have presently ongoing and upcoming on the west side of Collins Avenue, a huge complex of affordable single pricing project,we have the Parque Towers,and two towers coming up on the west side which is similarly affordable. Regarding the issue of parking and mechanical parking,he had the pleasure of attending a get together at the Regalia which was recently completed and they have mechanical parking. We have a nice evening,we go out and wait at an average of about 20 minutes for our vehicle. Mechanical parking is practical for spacing of vehicles within a site plan of a condominium but the time frame to bring a vehicle which is stacked three high. When you need the third vehicle, they have to take out the first and the second to allow the third vehicle to come down, and then replace the first and second vehicle. It is a minimum of 20 minutes,this is an impact on your lifestyle. Everybody wants to live in Sunny Isles Beach because we have made it a point to become known as the most attractive South Florida destination for tourism and we are proud to have one to two million tourists every year here. With that said,the quality of life for our residents is extremely important. Winston Towers is very close to this project and Winston Towers is 5,000 residents strong. Their main place to 13 Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida go to the pharmacy is Walgreen's because it is the closest pharmacy and are open 24 hours. The egress and ingress of this building is going to be at the same entrance as Walgreen's. Commissioner Aelion said what bothers him the most is, we have embarked now on a comprehensive study for traffic and everybody seems to have an opinion but an independent study not a subjective study or objective in this case, will definitely guide us into the future evaluation of how we proceed,allowing and not allowing buildings to be erected,and it is still a work in process. It will take at least six (6) months until the comprehensive study is completed,and then we will be equipped with an objective analysis of what the real impact of present and projected use of our regular traffic is. Manhattan has multiple arteries of congested City but you have alternatives, bike paths, streets, avenues, etc., and Sunny Isles Beach has one and one only pathway to our City and that is Collins Avenue which is a FDOT State road and we have to trend very carefully here. Mr. Wasserman clarified that the building has a two-car lift, not a three-car lift, which is a drastic difference in load time. Commissioner Goldman commended the speaker Lyon Roth on his words of wisdom and insight on this subject. With that being said, she has some of the concerns of her colleagues about the traffic impact, and setting the tone for the redevelopment of the west side. The overall presentation here about this position that it is really a family friendly building and she is not sure if that is entirely the case but she is definitely concerned about what impact that this project will have in the future. Mayor Scholl described TDRs and what they really are. Let's picture a checker board, and putting a checker on every square. Picture taking the checkers from one side of the board and stacking them on the other side of the board. Then you take the next row and stack that row, and every time you pick up a checker,you don't get to put it back, it ends up on top of another checker. That is basically what TDRs do, it takes area from one area and puts on another area. We created a checker board when we made this City and we made a plan and said okay,up to 30%you can move the checkers from this area over there. At the last Commission meeting we bought a piece of land on the south end of the City for TDRs and we stuck it on top of the Armani building and so basically the development that might have ended in front of the Arlen House ended up on the top of the Armani building but nothing will ever be developed in front of the Armani building. Now, it is up to the discretion of the Commission where we want to allow that kind of intensity. Mayor Scholl said this project is very interesting for a lot of reasons, first of all he feels really badly for the developers because they did as good a job as anybody can do in terms of reaching out to the community and trying to satisfy everybody's requirements. Unfortunately they walked into a bit of a hornet's nest at a tipping point in the City, and the tipping point is west side development. This is one of the first residential projects that has been developed on the west side in this kind of late development. The developers, again a beautiful building, they worked their backsides off, they came in with the best of intentions, but they walked into a very difficult situation because this is the first project and this is a preview of coming attractions. That tipping point is of interest to him for a couple of reasons,he has never had an issue with east side density, with oceanfront density. Why, because not a lot of people live 14 Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida there, most of those buildings are largely unoccupied. You have heard him say that before, when you look at the first tower, you think it will create a lot of traffic. Truthfully there are a lot of people that will not be there very often and so with these buildings,we get an incredible benefit in a City like ours because that building will probably generate $500 Million in tax base and it will be occupied maybe 10% of the time, and have very little burden on our infrastructure. He for one looks at the character of the east side and say give them the TDRs, let's stack the density on the east side because we know it won't be that intense in the long run. That is not evident to the public all the time but the fact is when you live this stuff day in and day out and you talk to the developers and you understand what happens, and that is the Commission's job quite frankly to figure out, it is evident to us. The tipping point on the west side is, and he agrees with what everybody said, the west side is where people live, the west side is where those buildings are full. Mayor Scholl said the fact is that developers do have rights. We can't sit here and take the building rights away from them. More often than not he believes that whether we like the Comprehensive Plan that we have or we don't, it is the one we inherited,and it is very difficult to downzone. Hollywood tried to downzone a few years ago and they are still getting sued. Actually some developers from Sunny Isles Beach that own property in Hollywood are suing them. It is very difficult for us to sit here and say we feel like taking the developers rights away but the truth is we don't have to give them what is optional. It is unfortunate for this developer because historically TDRs got passed almost with carte blanche but the fact is that most of them are on the east side. He never had an issue with that but going forward we are at a tipping point, and the tipping point is on the west side where we know the buildings are going to be largely occupied. It is in our best interest and the community's best interest to lower the density as much as we can without taking away the developer's property rights. It is interesting, he came into this meeting even before this issue came up, he didn't have a clear position,he wanted to hear what people had to say and he wanted to understand the feeling of the public. He feels badly because when we do something fairly consistent for a long time,the developer relies on that but the fact of the matter is developers also take risks when they buy land before they get their entitlements and so he advises this developer to not buy the land until you get your entitlements because you may not be sure what you are getting. The tide is changing in the City and you are one of the first west side developments and it is going to be very controversial. To the developer's credit, they have done everything they can to satisfy their neighbors and bent over backwards. Who would think that they are going to build a building 15 feet off from the King David and they get the King David to support the building, and so that is an extraordinary event in itself and he applauds them for that. His position tonight, and he is not really against this project per se, is that west side development going forward is going to get the intensity that we owe them, not the intensity that we gift them. TDRs are not a right, they are a privilege and it is up to the Commission to look at the disposition of the neighborhood and decide if they want more of these checkers in that particular spot, that is how it works. On the east side, the characters of those buyers and the intensity on the community of those buyers is completely different then on the west side. He is fortunate to live in a house where there are 400 houses and 22,000 condos in the City and he lives in a neighborhood where it is not dense. It is incumbent upon the Commission to look at this and say okay, realistically moving forward what message do we want to send the development community about our expectations of how we see the west side to be developed. 15 Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida Mr. Wasserman said it sounds like traffic is one of the biggest concerns in the impact on the local neighborhood. What we have come in tonight to propose is a 77-unit residential tower, we are a one acre site,we are a pretty large property but the residential use being proposed has to be one of the less intensity use. If we were coming in with an office building with a hotel the impacts would be tremendous. If we were to sell to a hotel developer who wanted to build as-of-right and did not come before you to ask for TDRs the impact would be worse. This has to be, in their opinion and it is something they thought long and hard about, a sense of development for this site in particular. In terms of a traffic impact,this is a good development for this site, it is sensitive and respectful of the neighborhood. We have also heard about density and intensity and the impact it would have. If the concern is density, he thinks his client would agree,we are asking for six units,the intensity is really to allow larger units, it is the same amount of impact, it is the same amount of families. 71 units are allowed as-of-right, they would be willing to go down to 71 units but just to have the larger units,the larger space, and then to his knowledge there would be no impact to the neighborhood. That is what is allowed as-of-right is the 71 units, and so they would be happy to make that concession if that is something that this Commission would agree to. City Attorney Ottinot said he heard from the Commission with respect to concerns about traffic and application, and TDRs, he thinks the best thing to do is to defer this and see if they can address the concerns of the Commission. Mayor Scholl said that is up to the Applicant. He explained that if we turn them down they can't come back for one year, and basically they are hearing the sentiment of the Commission. If they defer they can come back and try to address the concerns that they heard which may be lowering the density and the intensity and then they wouldn't get put out for a year. Mr. Wasserman said they would appreciate the opportunity to come back and re-present it. Commissioner Levin moved and Commissioner Aelion seconded a motion to defer this item to July 16, 2015. The motion was approved by a voice vote of 5-0 in favor. [City Clerk's Note: The Commission heard related Item 10E after Item 6A.] 7. ORDINANCES FOR FIRST READING [City Clerk's Note: Item 7A was heard after Item 10E, and the remainder of the agenda was heard in order.] 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, to Amend Section 265-46(17) of the City Code to Clarify the Size Requirement for Mechanical Parking Stalls; Providing for Severability; Providing for Inclusion in the Code; Providing for Repeal of Conflicting Provisions; and Providing for an Effective Date. Action: City Clerk Hines read the title, and Planning and Zoning Administrator Claudia Hasbun reported this Ordinance clarifies the size for Mechanical Parking Stalls as nine (9) feet in width and eighteen(18)feet in length which is identical to the regular surface parking size requirement. Public Speakers: None Commissioner Levin moved and Vice Mayor Gatto seconded a motion to approve the 16 Summary Minutes:Regular City Commission Meeting May 2I.2015 City of Sunny Isles Beach,Florida 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,June 18,2015,at 6:30 p.m. Vote: Commissioner Aelion yes Commissioner Goldman yes Commissioner Levin yes Vice Mayor Gatto yes Mayor Scholl yes 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Chapter 172 ("Human Relations") of the Code of Ordinances to Prohibit Discrimination Against Persons Based on Gender Identity or Gender Expression; Providing for Severability; Providing for Inclusion in the Code; Providing for Repeal of Conflicting Provisions; and Providing for an Effective Date. Action:City Clerk Hines read the title,and City Attorney Ottinot reported that the purpose of this Ordinance is to strengthen the City's anti-discrimination protections to prohibit discrimination against persons based on gender identity or gender expression. He noted that this Ordinance was sponsored by Commissioner Jennifer Levin. Public Speakers: None Commissioner Levin said last month we had a resolution concerning the shuttle bus that we would not discriminate against certain classes of people in hiring. She rose the issue at that time that the classes of persons listed in the policy did not include sexual orientation or gender identity. Staff went back and looked at it and talked to Miami-Dade County. Those two classes of people are now protected in the policy with regard to our shuttle buses. She understands that we already had an ordinance protecting hiring processes on the basis of sexual orientation, and so she had asked for this ordinance so that we now protect hiring discrimination against people on the basis of gender identity or gender expression. Commissioner Aelion moved and Vice Mayor Gatto 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,June 18,2015,at 6:30 p.m. Vote: Commissioner Aelion yes Commissioner Goldman yes Commissioner Levin yes Vice Mayor Gatto yes Mayor Scholl yes 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Chapter 62 of the Code of Ordinances to Clarify that Purchases Less than$50,000.00 May be Made, or Entered into, by the City Manager Without Submittal to the City Commission,But Shall Otherwise Require Compliance with the Competitive Bidding Requirements Set Forth in Chapter 62; Providing for Severability;Providing for Inclusion in the Code;Providing for Repeal of Conflicting Provisions;Providing for an Effective Date. 17 Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida Action: City Clerk Hines read the title, and City Manager Russo reported that we have not changed this since the City was incorporated. We did a survey in other communities, and this was actually the result of various discussions particularly with Commissioner Aelion and he had made the suggestion. Commissioner Levin asked who makes sure that the money is handled and appropriated properly? City Manager Russo said the Finance Department handles that. Commissioner Aelion said this still goes through the regular process. Public Speakers: None Commissioner Aelion moved and Vice Mayor Gatto 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,June 18,2015,at 6:30 p.m. Vote: Commissioner Aelion yes Commissioner Goldman yes Commissioner Levin yes Vice Mayor Gatto yes Mayor Scholl yes 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 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.2014-436;Amending the City's Budget No.BA1415-04 for the 2014-2015 Fiscal Year — Streets Maintenance Fund and Capital Projects Fund; Authorizing the City Manager to Do All Things Necessary to Implement the Terms and Conditions of this Ordinance; and Providing for an Effective Date. (First Reading 04/16/15) Action: City Clerk Hines read the title, and Finance Director Audra Curts-Whann reported this is to appropriate funds for the acquisition of the Alamo Property, as well as to put funding in place for the update of the Comprehensive Transportation Master Plan. Public Speakers: None Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the Ordinance on second reading. Ordinance No.2015-453 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Aelion yes Commissioner Goldman yes Commissioner Levin yes Vice Mayor Gatto yes Mayor Scholl yes 18 Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida 9B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,Amending Chapter 233 ("Special Events")of the Code of Ordinances to Clarify that a Condominium May Hold Special Events for Guests and Invitees Up to Four (4) Times Per Year; Providing for Severability; Providing for Inclusion in the Code; Providing for Repeal of Conflicting Provisions; and Providing for an Effective Date. (First Reading 04/16/15) Action: City Clerk Hines read the title, and City Attorney Ottinot said this is the Ordinance requested by Mayor Scholl. It basically allows four(4)special events per year in the condos. Public Speakers: None Vice Mayor Gatto said at an association meeting we had a little confusion and we need some clarification to whether that included things like birthday parties and bar mitzvahs? They would not generate the same kind of traffic issues with people outside vs. concerts. Mayor Scholl said if somebody lives in a building and they are having a party, it is not covered by this Ordinance. This is where a building has an auditorium for instance and they want to allow somebody to come in and put on a show and outsiders would come. There was a line taken on this issue in the past of no outside events in the building. His take was if the Condo Association and the residents wants it then it is okay. He doesn't think it pertains to an owner having a birthday party. Commissioner Levin asked if there was a distinction to whether or not people are simply invited and whether or not a fee is paid? Mayor Scholl said that is up to the Association, if they want to have a free concert then they can. But again, under our Code there is a requirement for them to get a permit if they have so many people and then ultimately it is going to be up to the Association. Commissioner Levin said but if they are going to charge a fee does that then cross the threshold into a commercial enterprise? Mayor Scholl said sure it does but again they get an event permit, there are restaurants in a residential building,there are commercial enterprises and offices in residential buildings. Commissioner Aelion said for a special events application when they go in for permitting, staff makes sure that all of the requirements are secure and in place. The Police Department and Code Enforcement would have an easier time once these are evaluated and move forward. Vice Mayor Gatto moved and Commissioner Aelion seconded a motion to approve the Ordinance on second reading. Ordinance No.2015-454 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Aelion yes Commissioner Goldman yes Commissioner Levin yes Vice Mayor Gatto yes Mayor Scholl yes 19 Summary Minutes:Regular City Commission Meeting May 21.2015 City of Sunny Isles Beach,Florida 9C. Withdrawn: Defer-fed+ An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Chapter 265-54 of the City Code to Require a Permit for Substantial Repairs of Signs; Providing for Severability; Providing for Repeal of Conflicting Provisions; Providing for Inclusion in the Code; and Providing for an Effective Date. (First Reading 04/16/15) Action: [City Clerk's Note: See action under Item 4A] Mayor Scholl clarified that this Ordinance was withdrawn, not deferred. Commissioner Aelion confirmed that. 10. RESOLUTIONS 10A. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a Rooftop License Agreement by and Between the City of North Miami Beach and the City of Sunny Isles Beach to Use Certain Roof-Top Space at the Heritage Park Parking Garage and the Government Center to Install and Maintain Fixed Network Collector Antennas and Equipment,in Substantially the Same Form Attached Hereto as Exhibit"A"; Authorizing the City Manager to Execute Said Agreement and to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Deputy City Manager Morris reported that this would allow for a wireless antenna to be installed on two of our properties that will transmit data to the City of North Miami Beach regarding water meters. Public Speakers: None Commissioner Levin said for the record, we are not charging them a license fee to use this space because it is in exchange for other services that they provide to us, is this correct? City Manager Russo said yes, we have worked out an agreement with them and the water company since it is a public water company. They are helping us when it comes to, and we are doing this on a regular basis, checking with the Property Appraiser's Office that Homestead Exemptions are accurate and legal. We are comparing the roster that the water company has which if it is a rental will have a different address than the Property Appraiser's records. They are fully cooperating with us and we have already had three(3)situations that were resolved,and we felt there was a good chance to work cooperatively with them,and we have been trying to do that for a couple of years now. Commissioner Aelion said being that FPL has undertaken the same approach of the monitoring of the meters, is it something that FPL has already approached you on? City Manager Russo said no, he thinks the reason is that they are a private company, they don't have an obligation to provide us with it. Mayor Scholl noted that he has automatic reading and it goes through the electrical system. Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the resolution. Resolution No. 2015-2412 was adopted by a voice vote of 5-0 in favor. 20 Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida 10B. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving the Third Amendment to the Agreement with Keefe, McCullough & Co. LLP for Professional Auditing Services,for a Period of One(1) Year, in an Amount Not to Exceed $46,000.00, 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 Finance Director Audra Curts-Whann reported that they are requesting a one year extension to the contract with our current auditing firm. We have been with them for five(5)years and we intend to go out for RFP, however we are on our first year of a new Finance System, and we would like to continue with our auditors for an additional year. We are also implementing the Budget Module this year, and we are preparing the RFP, it is being vetted right now and will be disseminated in the fall. Public Speakers: None Mayor Scholl said the practice is, because your auditor gets familiar with you, you want to change auditors every five (5) years. City Manager Russo said the Agreement was for five (5) years and so this will make it to six (6) years. Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the resolution. Resolution No. 2015-2413 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 a First Amendment to the Lease Agreement Between the City of Sunny Isles Beach and Fly Me to the Moon,LLC,in Substantially the Same Form Attached Hereto as Exhibit"A"; Authorizing the Mayor to Execute Said First Amendment;Authorizing the City Attorney and the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title,and City Manager Russo reported that we are giving the Passion Group an extra sixty (60) days on their plans. That is a factor of going into the Agreement, they were planning to have a restaurant and a banquet facility, now they are having a restaurant and a marketplace. The complications on doing the plans with the marketplace would potentially tend to a dozen different vendors they are laying out. It is very, complicated and they need a little more time. He has a feeling that their build-out is going to correspond very closely with the total completion of the Park anyway. Commissioner Aelion said when you say market place can you be more specific, and City Manager Russo said it is similar to Eagle Lee concept which is in some of the major cities around the world,or the Todd English Marketplace that is in the basement of the Plaza Hotel in New York. It is where you can buy the products or you can have it cooked and eat it there in a restaurant high-end food court type of thing. Commissioner Aelion said like Italia in Chicago. City Manager Russo said he has pictures if you want to see them. Public Speakers: None Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2015-2414 was adopted by a voice vote of 5-0 in favor. 21 Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Amendments to the City's Personnel Policy Manual, in Substantially the Same Form as 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 Deputy City Manager Morris said they are in the process of reviewing all of our Personnel Policies and Rules and Regulations and we are working in conjunction with the City Attorney's Office. Any of those that need to be updated or changed we are going to bring to the Commission as a group. Public Speakers: None Commissioner Aelion said at the workshop that he had for clarification purposes he satisfied himself that inclusive in this policy there is no change regarding raises or anything to any of the staff without it going through our Mayor at least if not through the whole Commission; Deputy City Manager Morris said yes, absolutely. Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2015-2415 was adopted by a voice vote of 5-0 in favor. [City Clerk's Note: Item JOE was heard after related Item 6A.] 10E. 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 38,104 Square Feet of Floor Area (FAR) and Six (6) Dwelling Units to 17550 Collins Avenue, LLC for the Property Located at 17550 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. ; Authorizing for the Adjustment and Modification of the City's TDR Bank; Providing the City Manager and City Attorney with the Authority To Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: See additional action under related Item 6A.] Commissioner Aelion moved and Commissioner Levin seconded a motion to defer this Resolution to July' 16, 2015. The motion was approved by a voice vote of 5-0 in favor. [City Clerk's Note: The Commission took a five-minute recess, and then heard Item 7A.] 10F. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving Public School Concurrency Proportionate Share Mitigation Development Agreement Between the School Board of Miami-Dade County and Beach Club Acquisition,LLC.' also Known as Turnberry Ocean Club Project Located at 18501 Collins Avenue, Substantially the Same Form Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Attorney and the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: This item was heard with a similar Item JOG.] City Clerk 22 Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida Hines read the title, and Planning and Zoning Administrator Claudia Hasbun reported that these two Agreements are for these two developers to gain their impact with the School System. Public Speakers: None Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2015-2416 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 Public School Concurrency Proportionate Share Mitigation Development Agreement Between the School Board of Miami-Dade County and Sunny Isles Property Venture LLC also Known as Ritz Carlton Project Located at 15701 and 15795 Collins Avenue, in Substantially the Same Form Attached Hereto as Exhibit"A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Attorney and the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: This item was heard with a similar Item 1OE..] City Clerk Hines read the title, and Planning and Zoning Administrator Claudia Hasbun reported. Public Speakers: None Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2015-2417 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, Approving the Uniform Sign Plan Prepared by Advanced Multi Sign Corp. for the One Netanya Project Located at 323 Sunny Isles Boulevard, Attached Hereto as Exhibit "A" 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 Planning and Zoning Administrator Claudia Hasbun reported that this was a requirement for the One Netanya Center to create a uniform site plan for the entire building. Owner Ari Steiger is in agreement with the proposal. Public Speakers: None Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the resolution. Resolution No. 2015-2418 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 City Manager to Expend Up to an Amount Not to Exceed $40,000.00 with Elite Tent Company for Rental of Tents and Supplies for the City's Programs and Special Events; 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 Cultural and Community Development Director 23 Summary Minutes:Regular City Commission Meeting May 2I,2015 City of Sunny Isles Beach,Florida Susan Simpson reported that we had went out to RFP for this service. Elite Tent Company provides a great service and we use them for all of our events. We have been going event by event where it is about $23,000, and we need to spend up to $40,000 to get through the end of this fiscal year. Public Speakers: None Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2015-2419 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 an Agreement with Shorty's Bar-B-Q, Inc. for Catering Services for the City's 18th Annual Anniversary Celebration on Sunday,June 7,2015, in an Amount Not to Exceed $28,870.00, 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 Cultural and Community Development Director Susan Simpson reported this is our last option to renew with Shorty's with the RFP that we went out for before. Shorty's Bar-B-Q provides a great service, they are quick, and have good food. This is a request for up to 3,000 meals, we may reduce that but we want to have the ability to go up to that if we need to. Public Speakers: None Vice Mayor Gatto moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2015-2420 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,Approving the Third Amendment to the Agreement with Development Counsellors International (DCI) for Public Relations Services, in a Total Amount Not to Exceed $42,800.00 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 Cultural and Community Development Director Susan Simpson reported that DCI is our PR Company to promote the City as a tourist destination in partnership with the Sunny Isles Beach Tourism and Marketing Council. It is our last renewal option, and they have done some great work for us in the past. Their $40,000 contract plus some reimbursables is an eight-year program. Most of you saw the report last year and for those of you who didn't, they got us $1.62 Million worth of advertising equivalency for our $40,000 investment. Public Speakers: None Commissioner Levin moved and Vice Mayor Gatto seconded a motion to approve the resolution. Resolution No. 2015-2421 was adopted by a voice vote of 5-0 in favor. 24 Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida 10L. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying In-Kind Donation to Norman S. Edelcup Sunny Isles Beach K-8 for Arbor Day Activities, in an Estimated Amount of$1,000.00; Authorizing the City Manager To Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title,and Cultural and Community Development Director Susan Simpson reported. Public Speakers: None Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the resolution. Resolution No. 2015-2422 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, Awarding RFP No. 15-03-01 to and Approving an Agreement with Park One of Florida, LLC to Provide a Customer Service Ambassador for the Pier Park Parking Lot, in a Total Amount Not to Exceed $180,000.00 During the Three-Year Term of this Agreement, 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 Cultural and Community Development Director Susan Simpson reported this is for $60,000 a year for three (3) years, and we do have a cancelation clause if we decide we no longer need the service. They can provide ten (10) hours a day, seven (7) days a week, 365 days a year to help manage the parking lot. Public Speakers: None Commissioner Aelion asked how much money is this compared to the attendants from the City employees,what is the differential saving? City Manager Russo said we did that a long time ago and he doesn't remember the numbers now. We were not sure where we were going with this. It actually worked out pretty well under the circumstances,and so we never looked back in terms of hiring somebody as opposed to keeping a private company, and this is the company that does LaPerla,which helps. Commissioner Aelion said being this is the same company that does LaPerla how is somebody going to monitor that the same attendant that brings and takes the cars into LaPerla won't be used for the same purpose. Ms. Simpson said they have two(2)people assigned to that parking lot and when they change it they let us know who that is. We do have employees who frequently go by there to clean the bathrooms who are checking on them. If they are not doing their job, LaPerla is the first to call her. Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the resolution. Resolution No. 2015-2423 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS None 25 Summary Minutes:Regular City Commission Meeting May 21,2015 City of Sunny Isles Beach,Florida 12. DISCUSSION ITEMS None 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS' 13A. Mark Snyder said he was asked by the Florida Elections Commission to make an informal request that we switch over to an on-line campaign finance filing system. He was asked to do this because he was a sworn officer during the 2014 Mayoral campaign. We found there was a lot of confusion because the forms provided did not coordinate with the Statute which provides for only on-line filing. The on-line filing is a more detailed system, and it better represents the objective of guaranteeing transparency in the campaign financing system. Mayor Scholl said that was duly noted by the City Clerk and the City Manager and they will look into it. Commissioner Aelion asked if that would include all the amendments? Mark Snyder said it would be accommodating by making it available. The Statute doesn't really consider in-hand filing, it only shows you how to file on-line. 14. ADJOURNMENT Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to adjourn the . meeting, and Mayor Scholl adjourned it at 9:27 p.m. •1kespeetfii'lly submitted by Approved 6 ( ity Commission on June 18, 2015 ./ \ • ik e Vane A. Hones ,MMC - ,=City Clerk George H. :choll, Mayor ms` . ` l"i { • 26 Item Coversheet Page 1 of 1 N• ,:!f City of Sunny Isles Beach eF T,_ 18070 Collins Avenue !• Sunny Isles Beach,Florida 33160 0•,f lOp` ;E� (305)947-0606 City Hall �''o,,•;�°''o (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: 6/18/2015 RE: Summary Minutes for the May 21,2015 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the May 21,2015 Regular City Commission Meeting. REASONS: N/A ATTACHMENTS: Description Summary Minutes Item Number:3.A. http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1670 6/11/2015