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HomeMy WebLinkAbout2016-0421 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, March 17; 2016, 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 Angel Aguilar. President of Student Council 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Student Kiara Krueger led the Pledge of Allegiance to the flag. and Chief Fred Maas gave the invocation and sang "\Vhen Irish Eyes are Smiling". Mayor Scholl gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting — February 18, 2016. 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. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Revision: Item 10A. Resolution Authorizing Police Chief to Spend Funds from Forfeiture LETF. Action: Mayor Scholl noted the above change to the agenda. Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the above changes to the agenda. The motion was approved by a voice vote of 6-0 in favor. Summary Minutes:Regular City Commission Meeting March 17.2016 City or Sunny Isles Beach,Florida 5. SPECIAL PRESENTATIONS 5A. Proclamation to be Presented to Chris Humberstone of Oceania Towers in Recognition of Orchestrating a"Fit N'Fundraiser" for a Special Olympics Florida Event on Sunday, March 6, 2016. Action: Commissioner Goldman reported along with a PowerPoint presentation of the Special Olympics Florida event. She said this event was more of a joy and treat for the volunteers and participants. Mayor Scholl read the Proclamation into the record, and the Commission presented it to Chris Humberstone and the team of volunteers. 5B. Special Presentation by the Legal Studies Class at Norman S. Edelcup Sunny Isles Beach K-8 regarding Project Citizen: Ideas for Improved Pedestrian Safety. Action: Commissioner Levin said that she does some volunteer teaching at the Norman S. Edelcup Sunny Isles Beach K-8 with Rosa Carvajal, the Legal Studies and Civics Teacher, and each year her class participates in "Project Citizen". Tonight they are going to make a presentation to the Commission with their ideas on pedestrian safety in Sunny Isles Beach. Rosa Carvajal explained that "Project Citizen" is a world-wide program that promotes competent and responsible participation in state, local, and federal government. It actively engages people in learning how to monitor and influence public policy. Participants work together as a class to identify and study a public policy issue, and the final product is a portfolio that may be presented before other classes, community organizations, or policy makers. This year they are presenting this in front of somejudges on April 2,2016 who will judge a number of portfolios in a form of a competition,and so they hope to actually advance to state level like they did last year. She introduced her law students that have volunteered to be here tonight. This year their project is Pedestrian Safety as a top priority for the residents of Sunny Isles Beach. They have named their project "Safe Walkers. Happy Drivers", and she asked her students to address the Commission on their project. The law students said they are here on behalf of the Middle School Students who have an expressed concern about pedestrian safety here in Sunny Isles Beach. They were happy to find out that the City Commission was already working on the Transportation Plan for the City. Some of their ideas were already in the Plan which was amazing to them. They wanted to contribute both ideas and concerns and they came up with a survey that many of the Middle School students were able to take last week. The results of the survey were that an average of 60% of the students are driven to school daily. 46% of students actually walk when getting around the City. Statistics show that 96% of students have crossed Collins Avenue at some point, and of those students 70% say that they feel rushed when crossing Collins Avenue. 64%claim that they notice drivers rushing when turning on Collins Avenue at traffic lights. 68% feel that pedestrians are not always safe. When asked to write ideas that would help increase pedestrian safety from the most preferred to the least preferred the results were as follows: the most important and perhaps the most immediate solution is to give pedestrians more time to cross the street. They have already been in touch with the Florida Department of Transportation and they will help toward advocating 10 more seconds to cross the street. They also know that this is an issue that they will have to address the County with. The second most preferred solution is building pedestrian bridges throughout Summary Minutes:Regular City Commission Meeting March 17,2016 City of Sunny Isles Beach.Florida Collins Avenue, and they appreciate the fact that this is already in the Transportation Plan. The third most preferred solution is installing motion sensors that could tell the pedestrians to stop if they begin crossing when they are not supposed to. They also found that this is a very cost effective and a more short term solution. The fourth most preferred solution is providing more crosswalks throughout Collins Avenue. As you can see, our Middle School students are very aware and concerned about pedestrian safety, and they want to bring their voice and their ideas to the Commission. Mayor Scholl said his favorite part was you showed him that you guys are very well informed when you said you contacted the State and the County because most people in the City do not understand what you already understand which is that Collins Avenue in particular we have very little control over it. In addition to that we can take your ideas and we can also reach them and advocate with them. But the fact is that you guys did your homework and most people that live here don't understand that point. You did a very good job. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of 17550 Collins Avenue, LLC. for 17550 Collins Avenue Site Plan Revision for the Property Located at 17550 Collins Avenue for the Following: (Hearing#PZ2016-01) Summary: The Applicant is seeking a site plan modification of an approved site plan. Specifically, the modification includes a reduction of the tower width,an increase of the west tower setbacks, an improved design of the west tower elevation, and an increase of 493 square feet of Floor Area Ratio(FAR) for a not to exceed amount of 127,381 square feet of FAR. The Applicant is also seeking a waiver to place the temporary construction fence along the Collins Avenue property line. 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 of an approved site plan pursuant to Zoning Resolution No. 15-Z-154 adopted on July 16, 2015 2. Pursuant to Section 265-63.3 (E) of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a waiver to place the temporary construction fence along the Collins Avenue property line. Protests 0 Waivers 0 Ex Parte 1 Action: Mayor Scholl 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 if there were any Ex Parte Disclosures and Mayor Scholl said he met with the Applicant and Architect to discuss the Application. City Planner Claudia Hasbun reported that the Applicant is seeking a site plan modification of an approved site plan • known as the Aurora Condominium Project. The Applicant is seeking a reduction of the tower width from 199 feet and 11 inches to 194 feet and 10 inches. Also a minimal increase Summary Minutes:Regular City Commission Meeting March 17.2016 City of Sunny Isles Beach,Florida of the west tower setbacks from 58 feet and 5 inches to 59 feet and 2 inches, and a minimal increase of the Floor Area Ratio from 126,887 to 127,383 square feet, with an improved design of the west tower elevation. In addition, the Applicant is seeking a waiver to place a temporary construction fence along the Collins Avenue property line. Staff and Consultants have reviewed the modified site plan, and based on the review the Application is consistent with the Comprehensive Plan and the Land Development Regulations. Staff notes that the proposed modifications are considered minimal, however, since the modifications includes changes to setbacks,a slight FAR increase,and exterior design element, staff could not have evaluated the proposal as a minor Administrative modification. Staff does not have any objection to the construction fence waiver request. Public Speakers: Ethan B. Wasserman, Esq. Ethan B. Wasserman, Esq. representing 17550 Collins Avenue,said this project was approved in July 2015 by this Commission and since that time they have been working on their construction documents with the intent of submitting for a building permit in a few months. During that process of preparing their Construction Documents,they became aware of certain structural and architectural inefficiencies that they are attempting to correct tonight. They are asking for two (2) things: first they are asking for a routine waiver to allow a temporary construction fence on the Collins Avenue property line. This will allow for better internal configuration and circulation of their trucks,machinery,and equipment during construction of the project. The second request is a very minor modification of the plans, it is actually easier to say what they are not doing. They are not changing density, height, lot coverage, parking, or open space. What they are doing is reducing the width of the building on the north side by five (5) feet, and so there will be a more open view corridor for the King David on their east elevation facing the water. They are also increasing the minimum, maximum, and average tower separation and are going further away from the King David. Essentially the building almost looks identical however they are adding two(2) minor architectural treatments which is an improvement. They had blank stucco walls on the west and a little bit on the north elevation, they are now adding eye brows and some punched openings for windows to let natural light enter the vertical circulation into the stairwells. He is happy to report that they reached out to the King David Condo Association and to Rabbi Baron who is here tonight and both parties reaffirmed that they have no objections to the project as modified. Mayor Scholl said in the old days this would not have had to happen because it would have been a minor modification and staff would have had the authority to revise it but we changed the Code sometime back where there is relatively type parameters once we get an approval the staff can approve as an administrative change. In this case we looked at it very carefully and he felt bad for the Applicant because they had to come back and go through another hearing but we are sticking with our Code and we have very tight parameters with the staff and that is why we are here tonight. He would say this is an improvement over the original plan, good for the neighbors, building and view corridor. Commissioner Levin said everything sounds like an improvement to her, it is smaller, more space in between the buildings, and enhancements, and she is fine with it. Commissioner Goldman said she feels the same way, it has more functionality. Commissioner Aelion said the setback has increased, has there been any movement in the front of setback towards Collins Avenue, and Mr. Wasserman said there is no change in the front. Vice Mayor Gatto 4 Summary Minutes:Regular City Commission Meeting March 17,2016 City of Sunny Isles Beach,Florida said she was against the project, it is in her district, and she was concerned about the density of the traffic that it would bring to the area. Even'day she drives from north to south towards • Winston Towers and she sees a line of cars in front of Walgreens trying to get onto Collins Avenue. To her it is more about the building than it is about the modification. Commissioner Aelion moved and Commissioner Goldman seconded a motion for approval, subject to staff conditions. Resolution No. 16-Z-157 was adopted by a roll call vote of 4- 1 Nice Mayor Gatto against] in favor. Vote: Commissioner Aelion yes Commissioner Goldman yes Commissioner Levin yes Vice Mayor Gatto no Mayor Scholl yes 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-20 of the City Code to Require the Submittal of Spot Surveys to the Chief Building Official and Zoning Administrator During the Construction of Residential and Commercial Buildings; Providing for Applicability and Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Hines read the title,and City Attorney Ottinot reported that as a matter of practice developers are required to submit spot surveys to the City to demonstrate compliance to the Building Code. We are now requesting to codify that practice in this Ordinance which will apply to any residential and commercial project that has not received a Certificate of Occupancy. This Ordinance was requested by the City Manager's Office, the Chief Building Official, and the Zoning Administrator. Public Speakers: None Commissioner Levin asked if this only applies to residential high-rise buildings? City Attorney Ottinot said no, it is for all commercial, residential, and single-family as well. Mayor Scholl said yes, it used to be called a foundation survey. Commissioner Levin 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, April 21, 2016, at 6:30 p.m. Vote: Commissioner Aelion yes Commissioner Goldman yes Commissioner Levin yes Vice Mayor Gatto yes Mayor Scholl yes 8. PUBLIC I-IEARINCS (Other than Ordinances for Second Reading) None 5 Summary Minutes:Regular City Commission Meeting March 17,2016 City or Sunny Isles Beach,Florida 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,Amending Ordinance No. 2015-461; Amending the City's Budget No. BA1516-02 for the 2015-2016 Fiscal Year - General Fund, Building Fund, Public Art Trust Fund, Capital Projects Fund, and Stormwater Fund; Authorizing the City Manager to Do All Things Necessary to Implement the Terms and Conditions of this Ordinance; Providing for an Effective Date. (First Reading 02/18/16) Action: City Clerk Hines read the title, and Finance Director Audra Curts-\Vhann reported. Public Speakers: None Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the Ordinance on second reading. Ordinance No. 2016-476 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 10. RESOLUTIONS 10A. Revision: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Authorizing the Chief of Police, in Accordance with Section 932.7055. F.S.. to Expend S5,779.28 from the Law Enforcement Trust Fund (LETF) Department of Justice mn r\ for the Purchase of an iPad Tablet and iPad Cases for the Investigative Services Division Unit, and to Cover Travel Expenses to Send the Police Honor Guard to the National Police Memorial in Washington, D.C.; Providing for an Effective Date. Action:City Clerk Hines read the title of the revised Resolution,and Police Chief Fred Maas and Police Captain Michael Grandinetti reported. Chief Maas said we have not sent our team to the National Police Memorial in several years and they have been invited this year and so we want to send our Honor Guard. As you know they perform at many of our events both locally as well as in the County. This has been a terribly tragic past year for the number of officers that have been killed in the line of duty. All those name will be added to the wall and so it will be a rather somber and solemn event for our Honor Guard to be a part of. Public Speakers: None Commissioner Goldman moved and Commissioner Levin seconded a motion to approve the resolution, as amended. Resolution No. 2016-2531 was adopted by a voice vote of 5- 0 in favor. 6 Summary Minutes:Regular City Commission Meeting March 17,2016 City or Sunny Isles Beach.Florida 10B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Establishing a Ranking of Firms to Perform Auditing Services; Authorizing the Audit Committee to Negotiate and Enter into an Agreement with the Successful Firm, Providing Said Agreement is Approved by the City Attorney as to Form and Legal Sufficiency; Authorizing the City Manager and City Attorney to Do All Things Necessan'to Effectuate this Resolution; Providing for an Effective Date. (Deferred from 02/18/16) Action: City Clerk Hines read the title, and Finance Director Audra Curts-Whann reported on behalf of the Audit Committee. The following firms were ranked in order of qualifications. According to the guidelines that we are given, price should not be a factor in that determination. The Audit Committee ranked the firms as follows: 1)Moore, Stephens, Lovelace CPA's; 2) Grau & Associates; and 3) Marcum LLP. We are asking permission to negotiate a contract with the first ranked firm to replace our current Auditors, Keefe McCullough, who have served us well. From the Finance Department standpoint we have loved this firm and we hate to see them go but we understand the need to make a change. Public Speakers: None Commissioner Aelion said that she mentioned that the cost is not a factor to be considered, and Finance Director Curts-Whann said not the primary factor, that is qualifications. It is a factor, it may be taken into consideration but it may not be your primary factor. The firms we have selected, the fee that they are proposing is almost the same as Keefe McCullough charges us now, and so we did look at price as a factor but it was not a primary factor. Commissioner Aelion said then that it is going to be a comparable fee,and Finance Director Curts-AVhann said that is correct, they proposed a fee that was fixed over the course of the three(3)years and in the initial contract it is very similar to what we are currently paying our current Auditor, and that was taken into consideration. Mayor Scholl said to Audra's point, good accounting practice, as much as you hate to see your Auditors go because they are here for five or six years, they get very familiar with the City, and it is a very easy audit. That degree of familiarity also is a necessary best practice because when a new Auditor comes in they may find something that somebody else overlooked, and so it is best practice to change Auditors every so often. Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the resolution. Resolution No. 2016-2532 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,Consenting to a Sublease Agreement Between TRG Sunny Isles VII Nest, LLC, a Florida Limited Liability Company("Tenant")and Sunny Isles Property Venture,LLC,("Sublessee")a Florida Limited Liability Company to Sublease Property Located at 15800 Collins Avenue, Sunny Isles Beach, in Substantially the Same Form Attached Hereto as Exhibit "A"; Providing the City Manager and the City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. (Deferred from 02/18/16) Action: [City Clerk's Note: hem IOC and related Item IOD were heard together.] City Summary Minutes:Regular City Commission Meeting March 17.2016 City or Sunny Isles Beach.Florida Clerk Hines read the title, and Mayor Scholl reported that the developer that owns the Corner House property at the entrance to Golden Shores,agreed to donate that property to the City in exchange for TDRs,this is the method of acquiring park lands. We get a property owner that agrees to donate something in exchange for TDRs. It works exceptionally well with developers that own property because they have a use for the TDRs on their oceanfront developments. In this case, what often happens is when we agree to accept the piece of land for TDRs, the prior owner still has a use for it and so we make a deal and say okay you can still occupy the land for three years, and this is what we did in the south end of the City at the entrance to Arlen House. In this case this developer is building right across the street from the Arlen House, the Ritz-Carlton Residences. \Ve made a deal with the developer that we agree to lease the property on the south end of the City and they asked us if we would consider extending that lease for 18 months under certain conditions meaning if they still need it for Ritz-Carlton Sales Office. The trade-off here was we get the piece at the entrance of Golden Shores immediately. At the Commission meeting where we approved the acceptance of that property for TDRs, as soon as that was closed the City Attorney had the deed to that property and the City is already occupying it. Instead of having two (2) pieces tied up for three (3) years, what we agreed to do was, to tie up one piece a little longer under certain conditions and get the piece that we just recently were deeded immediately. That was the genesis behind these two leases, and so we are agreeing to allow the developer from the north end of the City to lease the property from the developer on the south end of the City. Public Speakers: Larisa Svechin A resident of Golden Shores, Larisa Svechin,said thank you to the Commission on behalf of the residences at Golden Shores, for what they did with the Corner House property. Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the resolution. Resolution No. 2016-2533 was adopted by a voice vote of 5-0 in favor. IOD. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Triple Net Leaseback Agreement with Corner House, LLC for the Property Located at 15800 Collins Avenue, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. (Deferred from 02/18/16) Action: [City Clerk's Note: Item IOD and related Item IOC were heard together.] City Clerk Hines read the title, and Mayor Scholl reported that we are agreeing to that 18-month extension under certain conditions. Those conditions are: if they are sold out of the Ritz- Carlton Residences in a couple of years, they won't have the right to continue to lease that property and we will get it back. If they are still selling Ritz-Carlton Residences they will still be using that as a Sales Office, and they will have a right for an additional 18 months. Public Speakers: Larisa Svechin Commissioner Aelion moved and Vice Mayor Gatto seconded a motion to approve the resolution. Resolution No. 2016-2534 was adopted by a voice vote of 5-0 in favor. 8 Summary Minutes:Regular City Commission Meeting March 17,2016 City of Sunny Isles Beach.Florida 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving Artwork in Accordance with Resolution No. 14-Z-148 for the Marriott Project Located at 17700 Collins Avenue; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Item IOE and related Item 10F were heard together.] City Clerk Hines read the title,and Planning and Zoning Administrator Claudia Hasbun reported that the Marriott Project is ready to come in for their Building Permits and they are proposing their art component in their project, a façade on the garage level. Public Speakers: Robert Finvarb, Manager Mayor Scholl said he flies a lot out of Miami and in that north Terminal, he loves that art work. Commissioner Levin said the flowers are beautiful and Commissioner Goldman said it is a great design concept. Ms. Hasbun said it was a great experiment to actually share what they have shared with the City because they thought a lot of the idea and they had the whole City go through the process of their incorporation into the project. Mayor Scholl said it is great to see the project going forward as well. Commissioner Aelion said that he and Vice Mayor Gatto had voted against this project exactly for the reasons she voiced for the other project, and he thought this one had a more severe impact to the vicinity of residential structures but now that it has been approved he agrees with the Mayor that it is very attractive, especially for the façade on Collins Avenue. Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2016-2535 was adopted by a voice vote of 5-0 in favor. IOF. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2014-2339 to Reduce the Total Amount of Transfer Development Rights (TDRs)Approved for the Marriott Project Located at 17700 Collins Avenue; Directing the Zoning Administrator or Designee to Modify the City TDRs Bank Account in Accordance with this Resolution; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Item 10F and related Item IOE were heard together.] City Clerk Hines read the title,and Planning and Zoning Administrator Claudia Hasbun reported they came for a minor modification which triggered a reduction of TDRs. Basically that were approved for a total of 13,766 square feet of Floor Area Ratio and that triggered the cash value of the project to be reduced by 5176,085. Public Speakers: None Commissioner Aelion moved and Commissioner Levin seconded a motion to approve the resolution. Resolution No. 2016-2536 was adopted by a voice vote of 5-0 in favor. 9 Summary Minutes:Regular City Commission Meeting March 17,2016 City or Sunny Isles Beach.Florida 106. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving a Second 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 Agreement;Authorizing the City Attorney and the City Manager to Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Russo reported we have been in the process of negotiating a substantial change to the original lease that we entered into with the Passion Group. Originally the project was traditional restaurant and a banquet facility, since then they have come up and we have embraced the concept of the market place similar to the Italy market or Todd English in Manhattan. Ours will be better and will be called Mark-Eat. That entailed a substantial effort and increase in investment that the Passion Group will have to make with all the different high-end markets that will be coming in and having stations within the facility. City Manager Russo said it entailed a fairly sophisticated re-negotiation of the lease to include a substantially higher base rent, an escalating percentage on the marketplace side of it, going up to ultimately 6%of gross revenues, part of the base but with a much higher base to begin, what we started out of a base of 5240,000 a year onto the restaurant concept,we are going to be starting here at 5350.000 going to 5450.000 and a 5500.000 a year base with 51/2%, and then in 2017 we are starting at 6%. The traditional restaurant will remain at the 8% of gross. That is the significant changes, we have increased our time for notification should they not want to renew the lease because it has gotten to be a much bigger infrastructure to have to change if we ever had to make the move and wanted to market it. We required them to have, which is standard practice in the industry, a point of sale computer type system to record and capture the sales in a centralized system that is auditable. Public Speakers: None Commissioner Aelion said there is one thing he wants to clarify. We have garage parking with 372 spaces, in light of that this is not only going to be for the market space, more increase of day time on the parking, are we dividing the parking for use of that particular venue a number of spaces, and the other is public, or are we leaving everything open? City Manager Russo said primarily motivated by taxability purposes we will not be separating it like that but we will be working with the cooperation of the restaurant with an operator for a parking service at the garage. We will be requiring in a general way where employees will be parking, and others, but we will not be separating any specific areas designated for the private profit making entity in the garage but we do have a plan to have them in certain specific areas in category. Commissioner Aelion said the elevator can go from the 3rd to the ground floor, and so it should not be such an impact, but it is something to look at because it might be the City capacity plus for the use and the hours and all that. City Manager Russo said we also have the two other variables here, as you know the Commission has approved two development projects that have access to certain spaces but again it is not going to be specific designated spaces. Commissioner Aelion moved and Commissioner Goldman seconded a motion to approve the resolution. Resolution No. 2016-2537 was adopted by a voice vote of 5-0 in favor. 10 Summary Minutes:Regular City Commission Meeting March 17,2016 City of Sunny Isles Beach,Florida 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving (1) Governmental Adjustment Factor Waiver, (2) Applicant Installed Facilities Agreement, and (3) City/County Right-of-Way Agreement, for Underground Conversions Between the City of Sunny Isles Beach and Florida Power and Light ("FPL"), in an Amount Not to Exceed $652,578.00 for the First Construction Phase in Substantially the Same Form Attached Hereto as Exhibits"A","B"and"C";Authorizing the City Manager to Execute Said Agreements; Authorizing the City Attorney and the City Manager to Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Russo reported this Resolution is approving three (3) separate agreements tied in directly with FPL for the undergrounding process, it was discussed and anticipated in our budget workshops. The first one is the Governmental Adjustment Factor Waiver which is the discount that we can receive from FPL ultimately for the work that they do; second the Applicant Installed Facilities Agreement;and the third is the City/County Right-of-Way Agreement in connection with the first Construction phase of this project. There will be four(4) construction phases along Collins Avenue. The first phase is the not to exceed$652,578. The undergrounding process is going to entail,these additional three(3)phases of very similar agreements,the amounts may vary, and we anticipate the full cost of this to be a maximum of$3 Million for all the FPL work along Collins Avenue. We expect to start the project on March 28, 2016 and we will be announcing it through the City's website and other media outlets. Our deadline for this project is March 2017. Public Speakers: None Commissioner Levin moved and Vice Mayor Gatto seconded a motion to approve the resolution. Resolution No. 2016-2538 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 Summary Minutes:Regular City Commission Meeting March 17.2016 City of Sunny Isles Beach.Florida 14. ADJOURNMENT Commissioner Aelion moved to adjourn the meeting, and Mayor Scholl adjourned it at 7:21 p.m. Respectfully submitted by: Approved by the ' Commission on April 21, 2016 s.Jane A. Hines. MMC. City Clerk George H. Scroll_ Mayor y , 1i • (2 Item Coversheet Page 1 of I t .,..",- ,-,35,,,N City of Sunny Isles Beach +e_r 18070 Collins Avenue 9 1 —I:I Sunny Isles Beach,Florida 33160 \; `/ (306)947-0606 City Hall \.iW% o.„ (305)9494111 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo,City Manager FROM: Jane A, Hines, MMC,City Clerk DATE: 4/21/2016 RE: Summary Minutes for the March 17,2016 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the Regular City Commission Meeting held on March 17,2016. REASONS: NIA ATTACHMENTS: Description Summary Minutes Item Number: 3.A. http://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=1874 4/14/2016