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HomeMy WebLinkAbout2011-0721 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, July 21, 2011,6:30 p.m. City of Sunny Isles Beach, Florida A TTENTION ALL LOBBYISTS: CITY LAW REOUlRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 6:30 p.m. with the following officials present: Mayor Norman S. Edelcup Vice Mayor Lewis J. Thaler Commissioner Isaac Aelion Commissioner Jeanette Gatto Commissioner George "Bud" Scholl City Manager Alan J. Cohen City Attorney Hans Ottinot Assistant City Manager Jorge Vera City Clerk Jane A. Hines, CMC 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Former Commissioner Gerry Goodman led the Pledge of Allegiance to the flag, and City Historian Richard C. Schulman gave the invocation. Mayor Edelcup gave opening remarks of decorum. 3. APPROV AL OF MINUTES 3A. Regular City Commission Meeting - June 15, 2011. Action: The top of page 7 was revised "and they we used over 27 buses per day". Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to approve the above-mentioned Summary Minutes, as amended. The motion was approved by a voice vote of 5-0 in favor. 4. 4A. ORDER OF BUSINESS (Additions/Deletions/Amendments) Request to Hear Items: Revisions: Item 3A. Summary Minutes & Item 7B. Realty Signs; Add-On: Item lOR. Approve Assignment ofTDR's & Item l2B. Discussion regarding Skateboard Park; Deferrals: Item 101 Budget Amendment Fishing Pier, & Item 10K Terminate Agmtw/ATS; Hear Out of Order: Hear Items 10Q, lOG, 100 & lOP before Item lOA. Action: Mayor Ede1cup noted the above changes to the agenda. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the above changes to the agenda. The motion was approved by a voice vote of 5-0 in favor. Summary Minutes: Regular City Commission Meeting July 21,2011 City of Sunny Isles Beach, Florida 5. SPECIAL PRESENT A TIONS SA. City Commission Employee Recognition Program: Certificates of Appreciation to be Presented to the Following City Employees: Office Assistant Agustina Graddick, Assistant City Clerk Mauricio Betancur, Police Corporal Ruben Zamora, and Police Officer Rey Zamora. Action: Mayor Edelcup reported that these employees went above and beyond their call of duty in the performance of their duties, and the City Commission presented the Certificates of Appreciation and noted that each recipient will receive a $100 check. 5B. A Presentation Honoring the City of Sunny Isles Beach, Florida, with the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award for Fiscal Year 2010/2011. This Award is the highest form of recognition in governmental budgeting reflecting the commitment of the governing body and staff in meeting those highest principles of governmental budgeting. The City satisfied nationally recognized guidelines for effective budget presentation and for this achievement is presented with the Distinguished Budget Presentation Award. Action: Mayor Ede1cup congratulated Assistant City Manager/Finance Minai Shah and her Finance Department staff on receiving this prestigious award. Staff accepting the award included Controller Michael Quesada, Administrative Coordinator Francesca Pellot, and Senior Office Assistant David Blanco. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of Sunny Isles Daycare Corp., Owner of the Property Located at 17395 North Bay Road, #102, for the Following: (Hearing #Z2011-03) 1. The Applicant is requesting a Conditional Use Site Plan Approval for a Daycare Center in the RMF-2 Zoning District. 2. The Applicant is requesting a Variance of Section 265-44(D)(2) of the City Code to permit a Child Care Center with a maximum of 40 children where 6 children are permitted. Protests 0 Waivers 0 Ex Parte 0 Action: [City Clerk's Note: Applicant distributed the Jollowing documents: Report oj Evaluation oj Educational Credentials; Booklet on Sunny Isles Daycare Corp; Memo on Petition to Stop the opening oj a day care center; Petition with signatures in support oj daycare center; Traffic Memorandum re: Sunny Isles Day Care Facility Traffic Analysis.) Mayor Edelcup gave opening remarks on zoning procedures/decorum and City Clerk Hines read a disclaimer for the Zoning hearing, and administered the oath to the witnesses for the Zoning hearing. Assistant City Manager Vera reported noting that the purpose of this public hearing is to request Conditional Use Site Plan for a Daycare Center in the RMF-2 Zoning District, and to permit a maximum of 40 children where the maximum of children permitted is six (6) children. The Applicant is planning on providing the Daycare Center in what we know as Winston Towers Shopping Plaza which is located in a residential zone providing business services for the immediate area. 2 Summary Minutes: Regular City Commission Meeting July 21, 2011 City of Sunny Isles Beach, Florida Public Speakers: Wendy Rivas, Vice President; Juan S. Calderon, Project Manager; Elena Dannikova, President; Raphael Cruz; Chaim Gidali; Natasha Reinhard; Silvia Penvela; Marht Freedland; Tony LoCastro; Andrei Nedzvetsky; Igor Resmirutser; Bob Welsh; Olga Shimansky; Melissa Mackin-Bolies; Corbin Bolies; Gueria Parrik; Arie Steiger; Gerry Goodman; Svetlana Bazil; Anastasiya Boikova; Wendy Rivas, Vice President of Sunny Isles Daycare Corp, reported and presented renderings of the project. She said that they are allowed 59 children but are only asking for 40 children, and noted that food would be catered to the Center. Juan S. Calderon, P.E., Project Manager, distributed a Traffic Analysis and reported there would be no traffic impact to the area. Elena Dannikova, President, said the Daycare Center would be for Sunny Isles Beach residents only. Mayor Edelcup asked staff for clarification particularly Section IV, as it relates to Section 265-44, and also the general standards for which a variance can be granted, and the staffs conclusions as to how they handle each ofthose standards. Assistant City Manager Vera said they looked at the use and then at the variance that they were requesting. We went into the General Standards for variances, and went down the line of seven (7) Standards, the Special Conditions that exist on the property, circumstances that are not the fault of the petitioner. Mayor Edelcup asked how many children are allowed as we are hearing conflicting amounts. Assistant City Manager Vera said six (6) children are permitted under the RMF-2 Zoning District (Residential Multi-Family), they are requesting 40 children, and 59 children are permitted under the City Code as per our Check List of the number of children that are permitted in Day Care. The Petitioner is trying to prove the needs for the City are more important then on the economic issue on the variance here. We looked at it from a Zoning standpoint and felt that the hardship is an economic hardship because if they don't put the 40 children on board, there is no money to be made. Their argument is the opposite, they need to have the 40 children to make some money, that is the economic hardship. Mayor Ede1cup said that the economic hardship is not there for the landlord because he can rent it to somebody else, it is basically an economic hardship on the individual who is applying for this. If you look through the different standards they all state the economic hardship is if it is granted to somebody else within that same zoning district. If it is granted here then somebody else within that same zoning district, has that same use. Granted that they do have this special circumstance that they are in a residential zone, with a business running within there. Mayor Edelcup opened the hearing for public input. After discussion, and in response to resident's concerns on traffic, Mr. Calderon said the children will not all arrive at the same time; regarding speeders, traffic calming devices could be considered. He noted on page 5 of the Traffic Analysis Report a picture of the parking lot showing 17 parking spaces empty. He said they had a concern at the beginning regarding parking, one way in and out, if that is something that needs to be addressed there is stacking per Miami-Dade County Section 33, stacking regulations for a daycare center with 2 to 40 children will need a two-vehicle stacking area, and the Applicant is requesting six (6) parking spaces, four (4) assigned parking spaces plus two (2) parking spaces for a stacking area. Commissioner Gatto asked what the hours of operation are, and the Applicant said they are planning to be open five (5) days a week from 7:30 a.m. to 6:30 p.m. with no set hours for drop-off or pickup. Commissioner Scholl noted there was no recommendation from staff, and Assistant City Manager Vera said under that Section of the Code, the Standards, staff could not support those Standards. Commissioner Scholl said the zoning ofthat center is a technical 3 Summary Minutes: Regular City Commission Meeting July 21, 2011 City of Sunny Isles Beach, Florida nuance, it is a commercial center, and just happened to fall into residential zoning because at the time they built the condos the zoning was off because he has never heard of a commercial strip center with residential zoning. Assistant City Manager Vera said the other businesses that have come there fall under Business, what you have there is a covenant restricting uses in a residential zone. Going back to the beginning normally the uses under, at that time RU-4A, you are permitted to have some type of uses within the complex itself. Apparently the developers decided that they were not going to have all these complexes with uses throughout and they created this area to accommodate Winston Towers under the BU-l uses. Commissioner Scholl said then instead of having retail embedded in the condos they have a retail area, and so it was not zoned properly. He said from his perspective, the zoning is an anomaly, if it was zoned commercial they would have a right for 59 students, there is a Traffic Analysis Study and the traffic intensity is spaced out. Commissioner Aelion made a disclosure that he is a member of the Board ofthe Association of Winston Towers and as such, the matter was brought up at the last meeting and presented as an item and discussed among the Board members and the residents who attended the meeting. He agrees there is a need for a daycare center but his concerns are that there may be a need for guard crossings, and once you open this to one, others will follow. Vice Mayor Thaler asked if we change this variance do others have a right to come in, and Assistant City Manager Vera said no it would not be automatic. The next applicant would have to go through the same procedure, the scrutiny would be the same, and it would be up to the Commission to approve it. There are conditions that could be set on this Applicant or on the whole site by this Commission and therefore restricting uses. Mayor Edelcup said this one would stand alone but there would be precedent that someone else could use. Mayor Edelcup said he believes a daycare center is needed in this City, perhaps more than one is needed because we have so many children in our City because we as a Commission set out to create a City where younger people were welcomed and we wanted to see the City grow. However, he believes that this site is not a safe site for children. There is a small parking lot in the front that is always overfilled with cars when there is any major event going on in that center, the parking lot is one way, they have to go in and out the same way. With as many children that would be dropped off there, and as much care as we would like to see in protecting the lives of our children, he does not see how we can say this is a safe location to have a daycare center in our City. Some day relatively soon we will have an emergency bridge that will bring an amount oftraffic at certain times right behind this facility and again, it looks like that playground area would be abutting that street and that entrance to the bridge, and we will have fire trucks and ambulances using that bridge at high speed trying to get to the emergency. Mayor Edelcup said to call a motion to either accept or deny this request. Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to consider the application. Resolution No. ll-Z-122 was adopted by a roll call vote of 4-1 [Commissioner Scholl in favor] denying the Application. V ote: Commissioner Aelion no Commissioner Gatto no Commissioner Scholl yes Vice Mayor Thaler no Mayor Ede1cup no [City Clerk's Note: The City Commission took a short break.] 4 Summary Minutes: Regular City Commission Meeting July21,2011 City of Sunny Isles Beach, Florida 7. ORDINANCES FOR FIRST READING 7 A. Public Hearing: An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Entitled "Small Scale Amendment to the Future Land Use Map ofthe City of Sunny Isles Beach Comprehensive Plan"; Providing for Transmittal to the Florida Department of Community Affairs; Providing for Inclusion in the Code; Providing for Severability; Providing for Repealer; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Cohen reported that the City over time has acquired land and converted it into park land, and this Ordinance is memorializing the City's actions by changing the zoning of this property to park land. Public Speakers: none Mayor Edelcup clarified that all the parks that we built were zoned for other areas and this is housekeeping to change them all into park land. Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 5- o in favor. Second reading, public hearing will be held on Thursday, September 15, 2011, at 6:30 p.m. V ote: Commissioner Aelion ~ Commissioner Gatto ~ Commissioner Scholl ~ Vice Mayor Thaler ~ Mayor Edelcup yes 7B. An Ordinance of the City Commission ofthe City of Sunny Isles Beach, Florida, Amending Sections 265-52.A.(2l) and 265-57 of the Code of Ordinances of the City of Sunny Isles Beach Providing for Temporary Off-Premises Open House Signs; Providing for Registration Requirements and Penalties; Providing for 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 noting that this ordinance was at the request of Commissioner Aelion. He said the purpose of this ordinance is to permit open house directional signs at the entrance of the two residential communities in the City of Sunny Isles Beach. At the recent Workshop the Commission held, the Commission wanted some additional enforcement penalties. We added a $250 per day penalty and a registration requirement. The Code also requires that those signs be placed 24 hours before the event and removed 24 hours after the event, and the City Manager has discretion to extend up to 48 hours if good grounds are showed. Public Speakers: none Mayor Edelcup said that there is also a repeat violation, the applicant would be permanently banned from displaying signs. Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to approve the proposed ordinance on first reading, as amended. The motion was approved by a roll 5 Summary Minutes: Regular City Commission Meeting July 21, 2011 City of Sunny Isles Beach, Florida call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday, September 15, 2011, at 6:30 p.m. V ote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Ede1cup ~ 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 68-2 (A) of the City Code to Provide Reimbursement for Mileage in Accordance with Rates Established by the Internal Revenue Service; Providing for Severability and Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Cohen reported that currently the City Code has us using the Florida rates which have not changed since 2006, and the IRS changes their rate annually and sometimes mid-year to reflect changes in the fuel prices. It would be much fairer for our employees if we relied on the IRS numbers. Public Speakers: none Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 5- o in favor. Second reading, public hearing will be held on Thursday, September 15, 2011, at 6:30 p.m. Vote: Commissioner Aelion ~ Commissioner Gatto ~ Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup ~ 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance of the City Commission ofthe City of Sunny Isles Beach, Florida, Amending Chapter 26 of the City Code to Accept the Charter Provision Set Forth in Said Chapter and Approved by a Majority of the Voters on May 24, 2011 According to Official Results to Amend the City Charter by Amending Section 2.3 (b) "Residential Areas" to Require Persons Running From a Particular Residential Area to be a Resident of the Residential Area Continuously for at Least One Year Prior to Qualifying; Providing for Permission to Make Technical and Stylistic Amendments; Providing for Repealer; Providing for Severability; Directing the City Clerk to Amend the City Charter in Accordance with the Election Results and this Ordinance; Providing for Inclusion into the City Charter and Code; Providing for an Effective Date. (First Reading 06/15111) 6 Summary Minutes: Regular City Commission Meeting July21,2011 City of Sunny Isles Beach, Florida Action: City Clerk Hines read the title, and Mayor Edelcup reported. Public Speakers: None Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to adopt the ordinance. Ordinance No. 2011-364 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Scholl ~ Vice Mayor Thaler yes Mayor Edelcup yes 9B. An Ordinance of the City Commission ofthe City of Sunny Isles Beach, Florida, Amending Chapter 98 of the Code of Ordinances of the City of Sunny Isles Beach regarding Alcoholic Beverages; Providing for Severability; Providing for Repealer; Inclusion in the Code; Providing for an Effective Date. (First Reading 06115111) Action: City Clerk Hines read the title, and City Attorney Ottinot reported that the purpose of this Ordinance is to create a 750-foot buffer between liquor package stores and public parks. Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2011-365 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Aelion yes Commissioner Gatto ~ Commissioner Scholl ~ Vice Mayor Thaler ~ Mayor Ede1cup yes [City Clerk's Note: TheJollowing Items 10Q, lOG, 100, and lOP respectively were taken out oJ order and heard beJore Item lOA. See additional action under Item 4A.] 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Amending Resolution No. 2011-1717 Amending the Schedule for City Commission Meetings for Calendar Year 2011 by Adding Special City Commission Meetings Tentatively on Tuesday, September 6, 2011 and Tuesday, September 20, 2011, at 6:00 p.m., for Fiscal Year 201112012 Budget Hearings; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Ede1cup reported. Public Speakers: None Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2011-1737 was adopted by a voice vote of 5-0 in favor. 7 Summary Minutes: Regular City Commission Meeting July 21, 2011 City of Sunny Isles Beach, Florida lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Establishing the City of Sunny Isles Beach Proposed Ad Valorem Tax Millage Levy Rate at 2.8860 Mills per One Thousand Dollars ($1,000) of Taxable Assessed Value Which is 4.2% More than the "Rolled Back" Rate of 2.7706 Mills, for Fiscal Year 201112012; ; Setting the Date, Time and Place for the First and Second Public Budget Hearings as Required by Law; Directing the City Clerk and City Manager to File this Resolution with the Property Appraiser of Miami-Dade County Pursuant to the Requirements of Florida Statutes and the Rules and Regulations of the Department of Revenue of the State of Florida; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager/Finance MinaI Shah reported noting that this resolution is setting the maximum millage rate at 2.886 for our residents 2011 tax bill, and this is the same millage rate that we charged last calendar year, there is no increase in the millage rate. Public Speakers: None Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2011-1738 was adopted by a voice vote of 5-0 in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager or His Designee to Sign or Renew All Required Contracts, Agreements, and Purchase Orders that Affect the Health, Safety, or Welfare of the City, During the Summer Recess Period from the Last City Commission Meeting in July 2011 through the First Regular Commission Meeting in September 2011, Subject to After-the- Fact Ratification at the September 15, 2011 City Commission Meeting; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Ede1cup reported. Public Speakers: None Commissioner Gatto moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2011-1739 was adopted by a voice vote of 5-0 in favor. 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying Amending the City's Commercial Package Policy Insurance Coverage Provided by Preferred Government Insurance Trust (PGIT) for Additional Coverage of City Property Including Heritage Park, in an Amount Not to Exceed $44,081.00, as Outlined in Exhibit "A"; Approving a Budget Amendment to Fiscal Year 20 I 0-20 11; 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 Assistant to the City Manager/Human Resources Priscilla Walker reported. Public Speakers: None 8 Summary Minutes: Regular City Commission Meeting July 21,2011 City of Sunny Isles Beach, Florida Mayor Ede1cup asked that the Administration look into self insurance next year for some of these lesser dollar value assets in the City and save on the insurance premium. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1740 was adopted by a voice vote of5-0 in favor. 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Mayor to Apply for, Receive and Expend Grant Funds from the Miami-Dade County Federal Drug Control and System Improvement Program (Byrne/JAG Grant FY 2011/2012) in the Amount of$4,082.00; 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 Police Captain Mike Grandinetti reported. Public Speakers: None Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2011-1741 was adopted by a voice vote of 5-0 in favor. 10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Dade Contracting, Inc. for the Installation of a Walkway within Golden Shores Park, in an Amount Not to Exceed $17,900.00, 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's Note: Dawn Spillane gave the City Clerk a copy oJ a petition oJ signatures against the walkway.] City Clerk Hines read the title, and Public Works Director Gio Batista reported. Public Speakers: Nadeen Spillane; Dawn Spillane; Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1742 was adopted by a voice vote of 5-0 in favor. lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Conceptual Design Prepared by Kimley-Horn and Associates, Inc. through the Florida Department of Transportation (FDOT), and a Construction Enhancement Commitment for Pedestrian Improvements at the Intersection of Collins Avenue and Sunny Isles Boulevard (SR 826) Inclusive of Paver Sidewalks, Stamped Crosswalks, and Upgraded Handrails, in an Amount Not to Exceed $30,000.00, Attached Hereto as Exhibit "A"; Providing the City Manager with the Authority to Negotiate and Execute a Maintenance Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate Said Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Heard after Item 10Q.] City Clerk Hines read the title, and Public Works Director Gio Batista reported. 9 Summary Minutes: Regular City Commission Meeting July 21, 2011 City of Sunny Isles Beach, Florida Public Speakers: Ken Jeffries; John McWilliams; Gerry Goodman; Ken Jeffries of FDOT said a Resolution is needed approving the concept and the intent to enter into the Maintenance Agreement for the decorative items for the crosswalks, sidewalks, handrails, landscaping, and for the cost differential between the standard pay items that the Department would install versus the decorative items. John McWilliams of Kimley-Horn and Associates and Consultant to FDOT made a power- point presentation on the conceptual design for the intersection of State Road 826 and AlA. He noted that FDOT would install standard concrete sidewalks, where there is a retention area that dips down around the curve for the service road, they will be building a slight retaining wall and because of the drop-off we will need a railing to make sure pedestrians don't fall through to the retention area. Commissioner Scholl asked if there was a better stamping technology for the asphalt because with the traffic running over that asphalt it seems to burn off quickly, and Public Works Batista said there is a limited selection that FDOT allows in the right-of-way. One of the things they spoke about was sheets of Thermo-Plastic that get impregnated and pressed into the asphalt itself, it is fairly thick, it lasts longer, and it is something that FDOT has allowed in the past. He noted that FDOT no longer allows pavers. City Attorney Ottinot clarified that the Resolution would be amended by providing the City Manager with the authority to negotiate and execute a Maintenance Agreement. Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the resolution, as amended. Resolution No. 2011-1743 was adopted by a voice vote of 5-0 in favor. [City Clerk's Note: After Item lOG the Commission heard Item 100.] 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Cost of Repairing the City's Street Sweeper Performed by Environmental Products of Florida, Corporation, in an Amount Not to Exceed $14,599.03, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Public Works Director Gio Batista reported. Public Speakers: None Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2011-1744 was adopted by a voice vote of 5-0 in favor. 10 Summary Minutes: Regular City Commission Meeting July 21, 2011 City of Sunny Isles Beach, Florida 101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Budget Amendment No. BAlOll-Oll to Fiscal Year 2010/2011 Budget for the Newport Fishing Pier and Restaurant Project, in an Amount of$l ,030,000.00; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: See Jurther action under Item 4A.] Deferred to no later than September 15,2011. 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing a Settlement in the Case Styled "Rodriguez, et al. v. City of Sunny Isles Beach, et al. Case No. 10-35197 CA-30", regarding the Red Light Camera Program; Providing the City Manager and the City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting that the settlement offer that they recommend is Option A. Public Speakers: None Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2011-1745 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, Canceling the Agreement Between the City of Sunny Isles Beach and American Traffic Solutions, Inc. ("ATS") for Traffic Safety Camera Program; Providing the City Manager and the City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: See Jurther action under Item 4A.] Deferred to September 15, 2011. 10L. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing the Purchase of Laptop Computers, Desktop Workstations and Associated Accessories From Dell for the City-Wide Replacement Program, Under State of Florida Contract #250-040-08-1, in a Total Amount Not to Exceed $35,000.00, 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 Assistant City Manager/Finance Minai Shah reported. Public Speakers: None Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2011-1746 was adopted by a voice vote of 5-0 in favor. 11 Summary Minutes: Regular City Commission Meeting July 21, 2011 City of Sunny Isles Beach, Florida 10M. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying an Existing Easement Agreement with the City of North Miami Beach for the Construction, Operation and Maintenance of Water Facilities Including Necessary Rights of Ingress and Egress through Heritage Park, 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 Assistant City Manager/Services Vera reported. Public Speakers: None Commissioner Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2011-1747 was adopted by a voice vote of 5-0 in favor. ION. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving a Letter of Agreement with Dr. Robert M. Cornfeld for Restaurant Management Services at the Sunny Isles BeachlNewport Fishing Pier, 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 City Manager Cohen reported. Public Speakers: None Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2011-1748 was adopted by a voice vote of5-0 in favor. 100. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Ground Lease and Development Agreement and Design-Build Agreement between the City of Sunny Isles Beach and 4M Investors, LLC., in an Amount Not to Exceed Ten Million Dollars ($10,700,000.00), Attached Hereto as Exhibits "A" and "B", to Design and Build an Upscale Lifestyle Center in Gateway Park Consisting of a Park, Parking Garage, and Restaurant(s); Authorizing the Mayor to Execute Said Agreements; 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's Note: Heard after Item lOG.] City Clerk Hines read the title, and City Manager Cohen and City Attorney Ottinot reported. Public Speakers: Cliff Schulman, Esq.; Cliff Schulman, Esq. representing 4M Investors, LLC, reported noting that Joe Milton had to leave. Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2011-1749 was adopted by a voice vote of 5-0 in favor. [City Clerk's Note: After Item 100 the Commission heard Item lOP.] 12 Summary Minutes: Regular City Commission Meeting July 21, 201 I City of Sunny Isles Beach, Florida lOP. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Letter ofIntent Between the City of Sunny Isles Beach and The Weintraub Companies for the Purchase of 18080 Collins Avenue ("Alamo Property"), in the Amount of $7,500,000.00, Attached Hereto as Exhibit "A"; Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Heard after Item 100.] City Clerk Hines read the title, and City Manager Cohen reported that this is a Letter of Intent for the purchase of the Alamo Property at 18080 Collins Avenue at a purchase price of$7.5 Million. The deal structure is a series of payments totaling $3 Million before construction begins, and then a $4.5 Million Note over a 25-year period with an interest rate of 5.5%. He noted that he deleted a line about an early option to pay on the Letter of Intent, and so the memo on this is inaccurate in that regard, there is at present no early option to pay. The total gross value of payments would be just over $11 Million. Public Speakers: Abraham Weintraub; Warren J. Stamm, Esq.; Abraham Weintraub representing The Weintraub Companies said the concept would be to build a 120,000 square foot building, an office condo, where you have people owning the actual space and you end up with having a lot more owners-users. He presented renderings of a proposed building as well as the building they constructed in A ventura. Vice Mayor Thaler asked about exclusivity, do they have exclusive rights, and how long do they actually have to come in and give us a true down payment. City Manager Cohen said they have exclusivity up until any point that the Commission determines not to move forward with the project. The exclusivity is non-binding at that point and the City can move forward in another direction if it so chooses. There is an initial payment of $200,000 when we execute the Purchase Agreement, and then they will come up with the remaining $800,000 30-days after Site Plan approval. There is a schedule in the Letter of Intent, another $500,000 within 12 months, and another $1.5 Million within an additional 12 months. Commissioner Scholl noted that we had a Letter oflntent that came before the Commission a while back, do we have any obligations under that Letter oflntent, is there anything binding on that property, is there any conflict with this deal. City Attorney Ottinot said there is no obligation with respect to the Letter of Intent but we do have a current lease with Alamo which we have a right to terminate after this month without cause but we have a penalty in that lease. Commissioner Scholl asked Mr. Weintraub if there were any zoning variances that he will be looking for to build this building, and Mr. Weintraub said that the lot is 450- feet long by 1 OO-feet wide, and so in order to get a proper parking structure, you really need a ramp and parking on both sides of that, and they worked it out if they had a 90-foot building for parking they would be able to fit that in, and so for the parking structure they would need an additional 5-feet on either side. Commissioner Scholl said he is assuming that we will have a mortgage on this property after we sell it, and so we will stay in first position on that mortgage, and City Manager Cohen said that they have made it very clear to the buyer that the City is not willing to subordinate. If the Commission authorizes them to move forward then we would move to the actual purchase agreement negotiations stage. 13 Summary Minutes: Regular City Commission Meeting July 21,2011 City of Sunny Isles Beach, Florida Commissioner Aelion asked how many condos would be in the building, and Mr. Weintraub said in their previous condo they did not allow small spaces. They broke them up into smaller modules so people could get 1,500 or 2,500 but not less than 1,000 square feet. In the current building they have several 5,000 to 6,000 square foot users, but on average 2,000 to 2,500 square feet. And so out of 117,000 square feet we have about 50 different businesses. Their idea is to fast-track this project, they are doing it without financing, and they have designed a way that they can start pre-selling the units and have the owners pay as they go. They plan on coming back at the September 15,2011 City Commission meeting for contract approval, and they will have some sketches and ideas at that time, and the site plan would be a couple of months after that. Mayor Edelcup asked if we had anything in the Letter of Intent that basically requires that action take place, what he doesn't want to do is to tie up the property for a long period of time and for whatever reason it doesn't go forward we are locking ourselves into something, and so he would like to have a drop dead date for construction or the whole thing is canceled out. City Attorney Ottinot said if the Commission approves it and executes it, we have to negotiate exclusively with The Weintraub Companies until a deal is done. Mayor Ede1cup asked if there was a mechanism within the Letter ofIntent that would void it if it didn't get started by a certain date, and City Attorney Ottinot said we haven't worked out those timeframes yet. Commissioner Scholl said when they come back in September with a contract that someone negotiated, that is the first milestone, and then how long before Site Plan approval, and Mr. Weintraub said according to the LOI they have 90 days to come forward with a site plan approval. City Manager Cohen noted two points, the Letter of Intent says that the intent is to come back within 90 days but no later than 120 days for Site Plan Review. For the contract, and they hope to come back in September, there is no reason why we can't include a specific timeline as part of that contract. Commissioner Scholl said that September is the milestone, if they are not back in September then we can look at it as being problematic. Mayor Ede1cup said right because we are tying ourselves up, we will not be able to negotiate with any other third parties concerning this property. Warrren Stamm, Esq. General Counsel for Trump Dezer Development, owners of a number of properties in Sunny Isles Beach, are here tonight to ask the Commission to defer consideration and approval of the non-binding Letter of Intent by The Weintraub Companies to allow other interested parties and developers to have the opportunity to bid and purchase this development. The City should explore other options with other interested parties. They are asking that this item be deferred for at least 30 days or in the alternative to modify the language regarding exclusivity to allow some healthy competition. Vice Mayor Thaler asked ifhis client had an option that has lapsed, and Mr. Stamm said yes but some of the reasons were out of their control but they have a vested interest in this area and this property, and already have site plans and architectural that they can come to the Commission with. Mr. Weintraub said that the Dezers had a contract for that land for three years and nothing was done. Secondly, they were building 300,000 square feet with insufficient parking where they were asking the City to come up with half of the parking in another off-site location. Thirdly, part of the reason they were doing this was for ballroom space and a museum which the Dezers now went and put a museum in North Miami Beach. In addition, their language 14 Summary Minutes: Regular City Commission Meeting July 21,2011 City of Sunny Isles Beach, Florida in their letter was exclusive, when you do a project, you spend a lot of money in terms of architecture and design, which you are not going to do if you come back two months later and find you negotiated with somebody else, and so the idea is whenever you go into a project you get exclusivity. They came in about two weeks ago and fast tracked it as quickly as possible so they could come before the Commission, get the LOI, get this moving and be here in September. He noted it took 3 years from conception to opening the doors for their building in A ventura, and he noted that their forte is condo office buildings, where the Dezer's forte is hotels, and in today's market, banks will not finance a project like this unless you pre-sell it. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1750 was adopted by a roll call vote of 3-2 [Commissioner Aelion and Commissioner Gatto against] in favor. V ote: Commissioner Aelion no Commissioner Gatto no Commissioner Scholl ~ Vice Mayor Thaler ~ Mayor Edelcup yes [City Clerk's Note: After Item lOP the Commission went back into order with Item lOA.] 10Q. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City to Participate in the "Prestige Cultural Series at Biscayne Bay Campus 2011- 2012" Program, and Authorizing a Charitable Contribution to the Biscayne Bay Campus of Florida International University (FlU), in the Amount of $3,000.00; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Heard after Item 9B.] City Clerk Hines read the title, and Cultural and Human Services Director Susan Simpson reported. Public Speakers: Jan Solomon of FlU Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2011-1751 was adopted by a voice vote of 5-0 in favor. [City Clerk's Note: After Item 10Q the Commission heard Item lOG.] lOR. Add-On: A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving the Assignment of 40,000 Square Feet of Transfer Development Rights from Plaza Isle, LLC to Abus Sunny Isles, LLC; 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 Assistant City Manager Vera reported noting that Abus Sunny Isles, LLC is the entity that purchased Ocean Palm. City Attorney Ottinot noted that the assignment is under the same terms given to Plaza Isle. Public Speakers: None 15 Summary Minutes: Regular City Commission Meeting July 21,2011 City of Sunny Isles Beach, Florida Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2011-1752 was adopted by a voice vote of5-0 in favor. 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Discussion regarding SeaDuction Floats. (Deferred from 6/15111) Action: City Manager Cohen reported that they met with Miami-Dade County Parks Department representatives and talked about a number of ideas and they are continuing those discussions. Vice Mayor Thaler asked if they were using the floats, and if it was being monitored, and City Manager Cohen said they are not using the floats, and the lifeguards are monitoring it on a daily basis. l2B. Add-On: Discussion regarding Skateboard Park. Action: [City Clerk's Note: See additional action under Item 4B.] Commissioner Gatto reported that we have a firm commitment to move ahead with the Study on the next step of either covering it or creating something that would deflect the noise. Public Speakers: Rachel Beyda 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. Presentation by Tony LoCastro regarding the City Advisory Committee's Recommendation to hold monthly meetings, and to require a Vetting Process for Candidates (Requires a Charter Amendment). Action: Tony LoCastro ofthe City Advisory Committee reported that the Committee passed two motions to advise the Commission. One of them is to go from bi-monthly meetings to monthly meetings. Secondly, to require a vetting process for candidates running for Mayor or Commissioner. City Attorney Ottinot said that the City Advisory Committee had asked him to research that issue and he found that it is permissible by law to vet a candidate's background. He researched the entire State of Florida to see ifthere were any municipalities that had that type of requirement and he only found one which was Cooper City. He noted a newspaper article where Cooper City made a mistake when they vetted the background of a candidate when they found a criminal infraction but someone typed the wrong name or birth date. Legally, yes, but in terms of qualification of candidates, the City Charter controls, and the City Charter requires that any candidate be a resident of the City for at least one year. Even if you do have a vetting process and a person is convicted of a misdemeanor it doesn't preclude the 16 Summary Minutes: Regular City Commission Meeting July 21,2011 City of Sunny Isles Beach, Florida person from holding office. Mr. LoCastro said that wasn't the intent, but we had a situation where a past candidate got in trouble. He said you don't publicly announce it, that is what other candidates do, and that is what we are trying to avoid. Mayor Edelcup said that is something that the government should not enter into because it could be something looked upon as self serving by people who are here whether they be staff or other Commissioners that in effect were influencing what normally are the basic freedoms for people to run for office. There are usually organizations within our City much like Concerned Citizens that could do the vetting process, or even the Democratic Club because people are running City-wide and certainly citizen groups have the same ability as the City to do the vetting process. Mr. LoCastro said that he thinks the Mayor is 100% right in that regard, he just thinks that the forms filled out should be checked for accuracy, and Mayor Edelcup said that is what the City Clerk does to make sure that the forms are filled out and are received. City Manager Cohen noted in reference to what the Mayor said in the difference between the City doing something and a private citizen group doing something, any records that the City collects becomes public records, and so anybody can file a request to see them, and so once we do that vetting process it is public information. Mr. LoCastro said that the Committee recommended it and he was just following through. Commissioner Scholl said it is one of those where it is tough to enforce, let's say you find somebody with a dubious past, what can you do about it. Who calls them in and talks to them, staff, Commission, City Clerk, and he personally thinks that is why you have the Election process and the candidates kind of vet each other. He understands the intent, the problem is where do you draw the line. Mr. LoCastro said that the Mayor just gave him some very good advice and he happens to be a member of the two groups that he mentioned and he thinks they will just bring it to them to do the process. Commissioner Scholl said he agrees with Mayor Ede1cup, that is usually the role of those interested parties, and Commissioner Aelion agreed. Mayor Ede1cup also noted that in January of every year we set the ordinance that creates this body, the City Advisory Committee, and his inclination would be to wait for the January reinstitution that we do every year and to take into account on how often the Committee meets. Mr. LoCastro said the reason was that the option was that they could call a special meeting, but normally there was not enough time and people could not attend, it really did not work. Mayor Ede1cup said that there is nothing that precludes the Subcommittees from meeting more often to discuss their particular topic and maybe you may get better end results if you had the Subcommittees meeting more often, and then the general Advisory Committee that votes on everything would not have to meet as often. 14. ADJOURNMENT , Mayor Ede1cup adjourned the meeting at 10: 10 p.m. . . p. \ \\ Respectfully submitted by: ". ' ~A~ Jane A. Hines, CMC, Ci,ty'Clerk Approved by the City Commission on Sept. 15,2011 o Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANIlllM TO: The Honorable Mayor and City Commission FROM: Jane A. Hines, CMC, City Clerk DATE: 9/15/2011 RE: Summary Minutes for the July 21, 2011 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the July 21, 2011 Regular City Commission Meeting. REASONS: N/A ATTACHMENTS: . Summary Minutes http://sibagenda.sibfl.net/agendalPreview .aspx?I temID=5 5 9&MeetingID=0&MeetingDate... 8/26/2011