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
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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.
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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
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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.]
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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
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Summary Minutes: Regular City Commission Meeting
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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)
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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.
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Summary Minutes: Regular City Commission Meeting
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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
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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.
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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 $14,599.03, Attached Hereto as Exhibit
"A"; Authorizing the City Manager to Do All Things Necessary to Effectuate this
Resolution; Providing for an Effective Date.
Action: City Clerk Hines read the title, and Public Works Director Gio Batista reported.
Public Speakers: None
Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the
resolution. Resolution No. 2011-1744 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes: Regular City Commission Meeting
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City of Sunny Isles Beach, Florida
101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving
Budget Amendment No. BAlOll-Oll to Fiscal Year 2010/2011 Budget for the Newport
Fishing Pier and Restaurant Project, in an Amount of$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.
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Summary Minutes: Regular City Commission Meeting
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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.]
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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.
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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
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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
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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
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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
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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