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HomeMy WebLinkAbout2007 0816 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, August 16,2007,7:30 p.m. City of Sunny Isles Beach, Florida A TTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 7:30 p.m., with the following officials present: Mayor Norman S. Ede1cup Vice Mayor Lewis J. Thaler Commissioner Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias City Manager A. John Szerlag City Attorney Hans Ottinot City Clerk Jane A. Hines, CMC Assistant City Manager/Services Jorge Vera Assistant City Attorney Fernando Amuchastegui 2. PLEDGE OF ALLEGIANCE/INVOCATION Action: Bud Scholl led the Pledge of Allegiance to the flag, and Richard C. Schulman gave an invocation. Mayor Edelcup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting - July 19,2007. Action: Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. 3B. Special City Commission Meeting - July 24,2007. Action: Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the above-mentioned Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. Summary Minutes: Regular City Commission Meeting August 16,2007 City of Sunny Isles Beach, Florida 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items. Additional Material: 6A, Public Hearing Checklist; 10A, Photos of Government Center; 12A, Letters and Photos of Fishing Pier; and Item 12B, Memo and Power-Point Presentation/Update on Wireless Island; Add-on Items: SA, Proclamation for Childhood Cancer Awareness Month; Item lOH, FPL Easement for Pelican Community Park; and Item 12C, Discussion regarding Upgrading Systems at the Community Center. Action: Mayor Edelcup noted the above changes to the agenda. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to approve the above changes to the agenda. The motion was approved by a voice vote of 5-0 in favor. 5. SPECIAL PRESENTATIONS SA. Add-On: A Proclamation Proclaiming the Month of September 2007 as "Childhood Cancer Awareness Month in the City of Sunny Isles Beach". Action: [City Clerk's Note: See action under Item 4A adding item to agenda.] Mayor Edelcup read the proclamation into the record, and City Clerk Hines will mail it. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of TB Isle Ocean Club LP, Owner of the Property Located at 18501 Collins Avenue, for the Following (Fairmont, Turnberry Isle Ocean Resort Hotel and Residences): (Hearing #22007-04) Summary: The Applicant is seeking a Site Plan approval for a Mixed-Use development which consists of a 225-room hotel and 60-unit condominium structure. The Applicant is also seeking approval of a Conditional Use to allow a private club which is currently operating within the existing facility and is proposed to continue operation in the new development. Additionally, the Applicant is requesting the approval and modification of Conditions (8) and (9) under Resolution 2-292-87 approved by the Miami-Dade Board of County Commissioners on November 5, 1987. Applicant agrees to provide restrictive covenant with regards to the operation of the off-site parking lot prior to issuance of Certificate of Occupancy. Said Covenant will limit the hours of operation and use of the off- site parking facility. 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting Site Plan approval for a 38-story, 225-room hotel, and 60-unit condominium structure. 2. Pursuant to Section 265-13 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting approval of a Conditional Use to allow a private club. 3. The Applicant is requesting modification of Conditions (8) and (9) under Resolution 2-292-87 approved by the Miami-Dade Board of County Commissioners on November 5, 1987. Protests 0 Waivers o Ex Parte -L 2 Summary Minutes: Regular City Commission Meeting August 16,2007 City of Sunny Isles Beach, Florida Action: [City Clerk's Note: See item 4A, Public Hearing Checklist distributed before the meeting.] 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. Community Development Director Robert Solera reported noting that the applicant also owns an off-site parcel located in the northeast corner of Atlantic Boulevard and 185th Street and is currently used for off-site parking for the existing private club, which was approved by the Miami-Dade County Commission. He said the applicant is requesting modification of conditions imposed by the County's Resolution, which imposed no light and use after sundown, and since the proposed development is required to provide 379 parking spaces of which only 297 parking spaces are provided on site, and 85 off-site, the developer needs the additional parking spaces to operate continuous use of the outside parcel in order to make up the difference in the overall parking required. He said he received a letter from the applicant indicating that they will be creating a condition for the 5% limitation that they have on hotel condominiums use in the MUR District. Public Speakers: Clifford Schulman, Esq.; Robert Warwick, Architect; Steve Trattner; Indiro Pezeres; Dave Runner, Traffic Engineer; Clifford Schulman, Esq., representing the applicant, said that there are no pre-sales required for this project to be constructed, as one of the participating partners is Prudential. He said that they will be ready to submit for their Building Permits if the Commission deems this project to be approvable, in September or October of this year, and that they have already completed about 75% of their construction drawings. He said they are not requesting any variances as this project is a as-of-right project, and they are not requesting any TDRs which, under the City's Code, they would have been entitled to, that could have increased the size of this project by 120,000 square feet over the 400,000 square feet, which would have made it, instead of a 38-story building, a 44-story building. He said on their landscaped open space, where they are required to have 40%, they have 50% and they have provided beach access, and public beach front design. He corrected for the record, the number of condo/hotel units in their legend that they submitted, it showed 179 when it was really 183, and they will make a submission of the correct number. He said they are asking for 183 condo/hotel units and 60 residential condo units, as well as the other things previously mentioned by Mr. Solera. The bonuses that they will be paying to the City, if approved, would be around $2.7 Million Dollars at the time that they get their Building Permit. Mr. Schulman introduced Architect Robert Warwick who presented a power-point presentation and renderings of the Project. Mr. Schulman said some 20 years ago the Dade County Commission approved the use of approximately half an acre lot behind the Navarro Pharmacy for parking in conjunction with the Beach Club, of90 spaces utilized for the last 20 years, and they will need to continue the utilization ofthose spaces. He said they are going to try to make that area better by providing the following: low-level lighting for the site and illumines (a ray oflight) would be within the property itself; they will be providing security at the times of operation of the facility which currently does not exist; a new landscaping plan; and a decorative gate that does not presently exist. He said there would be no valet parking taking place in this lot, this lot will be employees only or if some of the residents who may want to park their own cars as they have 24-hour valet only parking in the main building. He said because this is a condo/hotel, there is a restriction that no more than 5% of the units that are condo/hotel can be occupied for more than 6-months of the year at a time, therefore only 9-units can be occupied, that are not 3 - Summary Minutes: Regular City Commission Meeting August 16,2007 City of Sunny Isles Beach, Florida straight condo units, for more than that period oftime. He said they will report to the City on a yearly basis and provide them with the books and records showing the time of stay so the City can monitor that. He stated that Fairmont will be operating this hotel for 50 years, it will have a front desk, a bell desk, maid service, room service, and it will be a 5-diamond hotel. Mr. Schulman asked that the staff report be incorporated into the record. Steve Trattner said his concern for the future is the additional traffic this will cause as the new school will be built, and he is concerned about the children's safety at the intersection at 185th Street as it is a very dangerous intersection. Mr. Schulman said that they are not asking to increase the parking in that lot, right now that parking lot has been approved for 90 spaces, and they are reducing it to 85 spaces, so there will not be more traffic generated by that lot. He said the use of that lot is essential for the design and operation of this facility, in order to meet the setbacks, etc., they have to move the cars off from that building and over to the off- site lot that they have been utilizing for 20 years, and iffor whatever reason this project is not approved, that lot will continue to be used for 90 parking spaces, valet, in conjunction with the Beach Club. He said the valets have been the subject of citizen's complaints, there will be no more valet, there will be a secured gate, and they will be creating a landscaped wall between them and the Golden Shores neighborhood, which presently does not exist. Mr. Schulman said that they meet all the parking requirements and exceed that of the City Code for the uses that are there, and in addition, they have another Club a few minutes away where they have people who golf, eat, various Club activities and they wish to come to the beach, so they have an already existing service of five (5) vehicles that go back and forth from the Club to the Beach Club and they are capable of controlling how many of those they need. Mr. Schulman said they only needed eight (8) handicapped parking spaces and that is what they provided, but they are going to be providing three (3) additional handicapped parking spaces, so they will have a total of eleven (II) handicapped parking spaces. Commissioner Goodman said that the building is set back 75-feet from Collins A venue but it is a garage and he doesn't like garages on Collins Avenue. Mr. Schulman said that the pedestal is set back 75-feet, it is the lowest part of the building, and the Tower is set back about 150 feet. He said there is a 40-foot high waterfall with mosaics on either side of it falling into two ponds creating a second waterfall, there is parking behind that waterfall. Vice Mayor Thaler said when you go through your numbers you will see you are one parking spot short, and Mr. Schulman said if they are they will solve that problem. Vice Mayor Thaler said his problem is not really with the building. He said that he thinks at a first-class building all the parking should be within the building itself, it should not be where somebody has to walk across the street and endanger not only themselves but also the drivers coming down Collins Avenue. He said where Mr. Schulman is saying that they are using it now, he goes past that spot almost every day and it is rarely every used, and now your 85 spots will be used 100% every day, so the usage will be substantially more. He said you have a problem in that corner right now without increasing the traffic as that is the only way people in Golden Shores can get out of their community to go north with a light, and you will be creating more noise in the area. Vice Mayor Thaler said the low lighting is a non-descript lighting, but in that case our Police force will wind up having a bigger problem, with more people trying to break into the cars. He said there will be more traffic with the kids trying to get to school and they will 4 Summary Minutes: Regular City Commission Meeting August 16,2007 City of Sunny Isles Beach, Florida have to pass that parking lot. He said he believes that they are trying to cut corners and save a floor here when they should be looking the other way to be more secure and put in another level into this building for parking. Architect Robert Warwick explained that it is not a matter of adding just one floor to the Garage, it would take three (3) floors, which would raise the pedestal another 35-feet, and instead of a 6-story building in mass in the front, we would have a 9 to 10 story building in the front. He said they already ran through that and found it really alters the functionality of what's happening on the floor to floor relationship because it would mean in effect putting for instance the meeting rooms and the restaurant on a separate level from the kitchen which would be operationally no good. There are several things that would also happen to the building in terms of function, it is much more than just the cost issue. Mr. Schulman said it would also require variances. Vice Mayor Thaler said what they have not mentioned is the minimum amount of tandem parking, they could come in and ask for tandem parking which would reduce the need for those three (3) additional floors that they are talking about. Mr. Schulman said that they analyzed the tandem parking of what they could get in this particular building to see if they could request a variance. Mr. Warwick said there is room for about 10 more tandem parking spaces in the garage the way it is set up right now. Commissioner Brezin said that we must consider the residents of this City, and she feels that it is a danger to our children and to the community by having that off-site parking. She said that they should try to add the two floors and come to the Commission for the additional tandem. Commissioner Iglesias said he never thought he would see the day where there would be 183 units and 382 parking spaces, but the Commission said it would be better in the same building. He said he respects Dave Runner who is probably one of the best traffic engineers in the country, he can probably tell you that the parking that would generate from that parking lot would be significantly small compared to what Navarro generates. It would be open 24 hours but hopefully the kids wouldn't be walking in the streets, they are as of right, and we have let off-street parking before like we did for Acqualina. He said when there is off-street parking and you have a condo/hotel, when you park across the street it is usually the overflow because you are going to get people to park within the building, you are not going to have valet go across the street. Mr. Schulman said if the Commission is concerned about their increasing the intensity ofthe activity there, they would withdraw their request to modify the condition to allow them to operate after sunset, and they would basically continue under the County condition that they can only operate during daylight hours and use it for that purpose just as it is today under the County Resolution and not ask this Commission to modify that, and then it truly is a as of right development and they would not ask for a change. Vice Mayor Thaler asked if that meets the Code if they can only park there for halfa day and nobody can take the car out or in after sundown, and Assistant City Manager Vera said if they can't use that lot, it means that they are short in parking. Vice Mayor Thaler said that is 5 Summary Minutes: Regular City Commission Meeting August 16,2007 City of Sunny Isles Beach, Florida exactly what he is eluding to here, and Mr. Schulman said that they would only use it for 12 hours a day. He said under the County Code and under the City, they were grandfathered in, they met the Code having off-site parking only available till sunset. Assistant City Manager Vera said that they meet the Code up until sunset but right now they are using that parking for the overall parking for the development, after sunset they are short. Mr. Schulman said it was also being used for the overall development of the Beach Club, and Assistant City Manager Vera said he hasn't done the research on the Beach Club to know if maybe this was sufficient parking on-site that it was overflow parking there. He said if it was overflow parking, he could understand that it would be okay, but ifit is counted as part of the overall development, you are closing off 85 parking spaces after a certain time. Mayor Ede1cup said to Mr. Schulman that he has heard from the majority of the Commission that they have a problem with the parking and he asked him if he wants to look into this further and come back, or ifhe wants them to vote on it tonight. Mr. Schulman said he would like to have some time to look into it further. He said he doesn't know ifhe will be able to come back to the Commission with anything much different, at which time a decision will have to be made by the Commission on a policy matter as to whether or not this project is viable. Mayor Edelcup asked if he would be ready by the next Commission Meeting, and Mr. Schulman asked Mr. Solera what the timeframe is for resubmission of modified plans in order to make it back here for the next meeting. Mr. Solera said he will provide that to the Commission and to Mr. Schulman. Mayor Edelcup asked Mr. Schulman ifhe wants to make it the October meeting, and he said no, he wants to come back in September, and ifthey can't meet that deadline, then to roll it over to the October meeting. Mayor Ede1cup said that would be acceptable, and the Commission concurred. City Attorney Ottinot said we will set it for a date certain in September, if it is not ready, Mr. Schulman will have to show up at that time to roll it over again. Mayor Ede1cup said he thinks it will be automatic, we will put the September date knowing that is the preferred date but if it is not ready, come back in September and say automatically that you can have until October. Commissioner Goodman moved and Commissioner Brezin seconded a motion to defer to September 20,2007. The Motion was approved by a voice vote of 5-0 in favor. 7. ORDINANCES FOR FIRST READING 7 A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 201-5 of the Code of the City of Sunny Isles Beach Relating to Recreational Activities to Provide the City Manager with the Authority to Establish Guidelines for Organized Commercial Weddings on the Public Beach; 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 Manager Szerlag reported noting that this was requested by Mayor Edelcup who wanted to make Sunny Isles Beach just as competitive as our surrounding communities. He said that we have had requests for weddings on the private 6 Summary Minutes: Regular City Commission Meeting August 16,2007 City of Sunny Isles Beach, Florida part of the beach, and we are mindful that there needs to be some guidelines established. He said that they will be working primarily with Cultural and Human Services Director Susan Simpson, and we will be in contact with the hotels and condominiums to establish guidelines and by the next meeting we will have those guidelines in place, not as an attachment to the Ordinance, but just so the Commission will know what guidelines we are proposing. Public Speakers: Jud Heilson Vice Mayor Thaler asked what makes this different from a few months ago when this came up and we decided not to have it. Mayor Edelcup said the difference was that when we had this come up a couple of months ago there was a request for setting up tents, etc., that would be for long periods of time, ie. more than a day, more than 12 hours, and in meetings he has had with hotel people, they said they really don't need anything like that, they are only talking about a 3-4 hour timeframe, and he told them if they can live with just a 3-4 hour timeframe that he would bring it to the Commission. Commissioner Brezin said if this is just the wedding ceremony where they have the seats set up, that is a short period of time and usually what the hotels require, when they do a package of that kind, is they all go back into the hotel afterward. Vice Mayor Thaler said the Loews Hotel in Miami Beach had one and it was up and down in less than four hours, and the reception was held in the hotel. Assistant City Manager Vera asked if the Commission wants to include condos, and Mayor Edelcup said yes, anyone with beachfront property should be able to use it. Commissioner Goodman said you can't use the word just weddings, you would have to use a party, and Mayor Edelcup said events with the duration of which cannot exceed four (4) hours, and if it is a large event they still have to provide adequate Police protection and traffic flow, so that would also be incorporated in this, and there will be a permit fee. City Manager Szerlag said another thing we may want to look at is a limited number of events that would be going concurrently. Mayor Edelcup said when he was discussing that with the hotels, he was limiting them to four (4) a month, or something similar, with a max of about 30 or 40 a year. City Manager Szerlag said that there be no more than four (4) weddings at a clip at the same time amongst all the hotels and condos, first come, first serve. Jud Heilson, Financial Controller, Le Meridian Hotel, said that they are very pleased about the discussion that has taken place, as it would provide additional revenue to the hotel, and their intentions are not to have a disturbance on the beach but rather a destination wedding and they are willing to accommodate any concessions that may come up. Commissioner Brezin moved and Commissioner Iglesias seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday, September 20, 2007, at 7:30 p.m. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Thaler yes Mayor Ede1cup yes 7 Summary Minutes: Regular City Commission Meeting August 16,2007 City of Sunny Isles Beach, Florida 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) None 10. RESOLUTIONS lOA. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Calvin Giordano & Associates, Inc. to Design Upgrades for the Sunny Isles Beach Government Center, in an Amount Not to Exceed $44,580.00, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective Date. Action: [City Clerk's Note: See item 4A, Photos of Government Center distributed before the meeting.} City Clerk Hines read the title, and City Engineer/Public Works Director Rick Conner reported that they want to move forward in making minor modifications to the facility to accommodate citizens and staff. Public Speakers: none Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1138 was adopted by a voice vote of 5-0 in favor. lOB. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Appointing Jimmy L. Morales as Special Master for a Period of One Year, in Accordance with City Code Section 14-3; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Szerlag reported. Public Speakers: none Mayor Edelcup noted that Jimmy Morales has been very close to this community over the years when he was in political office and he is available now and is a practicing attorney and we believe he will be a fine addition to our Special Master roster. Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1139 was adopted by a voice vote of 5-0 in favor. 10C. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving the Purchase of an ID 500 Live Scan Fingerprint System with Associated Accessories from Cross Match Technologies, Inc., Under the GSA Contract, in an Amount Not to Exceed $15,760.50, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Police Captain Michael Grandinetti reported. 8 Summary Minutes: Regular City Commission Meeting August 16,2007 City of Sunny Isles Beach, Florida Public Speakers: none Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve the resolution. Resolution No. 2007-1140 was adopted by a voice vote of5-0 in favor. 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying the Approval of an Amendment to the Service Agreement with KMR Construction Management, Inc., for the Development and Construction of the Foundation for the Town Center Park Restroom in an Amount Not to Exceed $14,909.49, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Amendment to Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of the Amendment to Agreement; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Engineer/Public Works Director Rick Conner reported that tomorrow the paint on the trim will be completed on the restrooms, and hopefully most of the landscaping around the building will be completed. He said the building is fully functional and ready to be used but they wanted to have everything completed to have a very attractive asset, and in the next week they will attempt to get the portable units out of the area. Public Speakers: none Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1141 was adopted by a voice vote of 5-0 in favor. 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Apply for and Accept a Florida Recreation Development Assistance Program (FRDAP) Grant on Behalf of the City, for the Acquisition of Park Property Located at 500 Sunny Isles Boulevard, in an Amount of$200,000.00; Authorizing the City Manager to Take Any and All Action Necessary with Respect to the Obtaining and Distribution of Grant Monies, as Appropriate; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager/Finance Doug Haag reported noting that at the last meeting we accepted a grant extension for $200,000 and this is now another application for the upcoming grant year. Public Speakers: none Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2007-1142 was adopted by a voice vote of 5-0 in favor. 10F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager and/or His Designee to Apply for, Receive and Expend Grant Funds from the State of Florida Department of Environmental Protection ("DEP"), in the Amount Not to Exceed $328,000.00, for the Atlantic Isle Stormwater Drainage Project, Committing the City to Provide 50% Matching Funds; Authorizing the Mayor to Execute the State Financial Assistance Agreement, Attached Hereto as Exhibit "A"; Authorizing the 9 Summary Minutes: Regular City Commission Meeting August 16,2007 City of Sunny Isles Beach, Florida 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 Doug Haag reported. He thanked Grants Coordinator George Fisher for being so instrumental and part of all of the City's grant applications and processes over the last six or seven years. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2007-1143 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, Authorizing the City Manager and/or His Designee to Apply for, Receive and Expend Grant Funds from the State of Florida Department of Environmental Protection ("DEP"), in the Amount Not to Exceed $300,000.00, for the 1720d Street Stormwater Drainage Project, Committing the City to Provide 50% Matching Funds; Authorizing the Mayor to Execute the State Financial Assistance Agreement, 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 Doug Haag reported. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2007-1144 was adopted by a voice vote of 5-0 in favor. 10H. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida Approving an Easement Agreement with Florida Power & Light (FPL), for the Pelican Community Park Located at 18115 North Bay Road, Attached Hereto as Exhibit "A", to Install a Switch Cabinet and a Transmission to Provide Electric Power to the Park; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing Direction to the City Clerk to Record Said Easement Agreement in the Miami-Dade County Records; Providing for an Effective Date. Action: [City Clerk's Note: See action under Item 4A adding item to agenda.) City Clerk Hines read the title, and Assistant City Manager/Services Jorge Vera reported. Public Speakers: none Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2007-1145 was adopted by a voice vote of 5-0 in favor. 10 Summary Minutes: Regular City Commission Meeting August 16,2007 City of Sunny Isles Beach, Florida 11. MOTIONS 11A. Call for a Motion to confirm the appointment of Mark Glicksman to fill a vacancy on the Historic Preservation Board (Commissioner Iglesias). Action: Commissioner Iglesias reported confirming the appointment of Mr. Glicksman. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to accept the appointment. The motion was approved by a voice vote of 5-0 in favor. 12. DISCUSSION ITEMS 12A. Discussion regarding Preliminary Business Case for Acquiring the Fishing Pier at Pier Park from Dr. Robert Cornfeld. Action: [City Clerk's Note: See item 4A, Letters from City Manager and Mayor and Photos of Fishing Pier distributed before the meeting.} City Manager Szerlag reported that the State-owned Fishing Pier at Sunny Isles Beach is now closed because of structural deficiencies caused by Hurricane Wilma. Rehabilitative costs are estimated at $4 Million Dollars and he and Mayor Edelcup believe the City should request the State of Florida to make necessary capital improvements so that we can have a functioning fishing pier in Miami-Dade County, which was constructed in 1936, and the County has given it an historic designation. He said if the State of Florida agrees to fund repairs to its Pier, we then recommend that we enter into a long-term lease to manage it as one of our recreational/ educational components, and there is also a potential to use the Pier for security purposes. He noted that he included letters written by Mayor Edelcup to Mayor Carlos Alvarez, as well as an open letter to Governor Charlie Crist. He said he has also written to the Secretary of DEP, and Congresswoman Debbie Wasserman Schultz asking her to come at her convenience to visit with the Mayor and him to hopefully take ownership of our quest to get the State of Florida to make repairs, which is actually a total rehabilitation to this Pier. Public Speakers: Cassey Gabor; Bud Scholl Mayor Edelcup noted that in addition, they received a letter today from Miami-Dade Commissioner Sally Heyman, expressing her willingness to approve and recommend this to the County Commission as well, so we have the support of many governmental agencies. He said the Pier is historic, it has been a tourist attraction here since 1936, it is the only Pier left in all of Miami-Dade County, and one ofthe last seven (7) piers in the tri-county from Palm Beach County down to Miami-Dade County, so it is very important for the City and its residents and the organizations within the City to get behind this movement for officials and federal officials that this Pier needs to be preserved and protected, and that the City is going to participate in such a manner as to keep this thing going forward and we are basically requesting that these other governmental agencies step forward and bring the Pier into better shape than it is in today, as it has been closed since Hurricane Wilma, and hopefully our efforts will be rewarded and we will be able to reopen the Pier and bring this attraction back to South Florida and make it the continuation of the historic Pier that it has been and it will be a fishing pier and sightseeing operation for years to come. 11 Summary Minutes: Regular City Commission Meeting August 16,2007 City of Sunny Isles Beach, Florida Commissioner Goodman said he was under the impression that the Pier was owned by the Newport Hotel, and Mayor Edelcup said they had a lease with the State of Florida. Commissioner Goodman said that the State never fixed the Pier, it was the Newport Hotel that fixed the Pier, so what we are doing is asking them to participate in the renovation of the Pier. Mayor Ede1cup said it is a multi-million dollar project and yes the State owned the Pier and they have leased it to Dr. Cornfeld' s operations for the past 15-20 years, and has operated under that lease arrangement with the State of Florida. Commissioner Goodman asked if he still has a lease, and Mayor Ede1cup said no, the lease expired. Mayor Edelcup said that they had a meeting with our Lobbyist Ron Book, who will also be useful in securing grant money for this project. Mayor Edelcup said that he, the City Manager, Ron Book and the City Attorney, will try to coordinate this effort. He said that Gwen Margolis is in favor of it as well. Commissioner Iglesias said that this is our major landmark in this City. Cassey Gabor, member ofthe City's Historic Preservation Board, said that she is very happy that the City will be taking over this historic site. It is one of only a few historic sites in our City and hopefully under the City care it will be restored and kept in perfect condition as any historic treasure should be. She said she hopes when it is open that entry will be free, and suggested that the City build a small booth at the entrance to the Pier with plants and flowers for sale, as well as a tourist information booth where visitors will be able to get brochures of the attractions, restaurants, and businesses in our City, and the money from the advertising will help cover the expenses of the Pier. She said tourist information centers are typical to all tourist destinations around the world and that the Pier would be the perfect location for it. She asked that the City invest the necessary funds and save this 72-year old historic landmark that is a major tourist attraction, symbol, and signature of our City. Mayor Edelcup said that the City will address some of her suggestions, as they were very good. Commissioner Goodman asked if we have to enter into a lease with the State to do all this, and Mayor Ede1cup said yes, at some point we will have a legal document that delineates what our operation is and yes, since it will still be owned by the State, we will have to enter into an agreement with the State for the City to manage it for them. City Manager Szerlag said it is just prudent management to acquire an asset that is in a functionally operable condition. Bud Scholl, Chairman ofthe City's Historic Board, said that he was also at the meeting with the Mayor and Lobbyist Ron Book, and various staff members, and we are going to try to get grant money from multiple sources, because the one thing he garnered from our Lobbyist was that we are not going to go to one source and they are going to write a check for $4 Million Dollars to fix our Pier, especially given the budget constraints that most of these State and Federal agencies are facing now. The letters that went out are probably a five or six prong attack to try to get money from different sources, but it is going to take time. He said it sounded like it is going to be a relatively long-term process meaning 12-18 months, and so he knows that there has been a lot of frustration among the residents and they have come to the Historic Board and voiced their frustration but unfortunately he doesn't think the City is in the position right now to write a check for $4 Million Dollars nor is there anyone agency that we can tap at this point in time. 12 Summary Minutes: Regular City Commission Meeting August 16,2007 City of Sunny Isles Beach, Florida 12B. Discussion/Presentation by IBM regarding the Wireless Island. Action: [City Clerk's Note: See item 4A, Memo from City Manager and Power-Point Presentation distributed before the meeting.} City Manager Szerlag said the Wireless Island as a concept has three (3) primarily components or tiers. The first tier is to develop hot spots which would include the beach and public park areas, in addition to government access for government employees. The second tier would be street level coverage which goes to about three (3) stories high and could have anywhere from a 40% to a 75-80% penetration rate; and the third tier is total verticality for having free wireless. He said in terms of an outcome that we want to be thinking of are really three (3) possible choices that the Commission can give him in terms of a direction: 1) achieve success at one tier before advancing to the next; 2) proceed full board which includes verticality; and 3) hold this project in abeyance for reason of determining what progress Miami-Dade County will make on their Wireless Initiative. He said the recommendation of staff at this time would be to achieve success at one tier before advancing to the next. Public Speakers: Manny Vasquez; Hugo Olortegui; Bud Scholl; Jud Heilson Assistant City Manager Doug Haag introduced Manny Vasquez ofIBM who gave a power- point presentation of an update on the three phases of the Wireless Island Initiative. Mr. Vasquez reminded the Commission of the benefits of the Wireless Island Initiative, the first is that it will provide a lot of public safety enhancements, the officers today can utilize this to enhance communications and allow for more reliable, faster, and more robust access to data that they would need. One of the other benefits is enabling intercommunications among City agencies, this is very standard wireless technology so every laptop today comes with it. He also reminded the Commission of the strategic goals that we all started off with, this was the first thing we worked on with City staff to identify what the purpose of this was and to prove the capabilities of the City's municipal operations by providing a friendly and efficient local government, and so this network really enhances that and moving forward you will be one of the few cities in South Florida that actually has a working deployed network and he thinks with the phase approach it is a good way to control costs as well as the expected results. Mayor Edelcup thanked Mr. Vasquez for clarifying a lot of the issues for them and he believes that the City was always committed to moving ahead with technology and he thinks the best way to do it is to cautiously move forward and go through this process as the staff has recommended by doing Phase I first, seeing the end result and the benefits we will get from it, and then moving on to Phase II and possibly Phase III. He said Phase III is $1 Million Dollars a year in mounting costs for the 29 extra buildings that are going in as to whether or not that makes any sense on a cost comparison basis, and if that is still maybe the case two years from now or whenever that would be then it is something that we will have to look at then but again maybe technology will have changed in two years and there will be other ways of surmounting that problem other then paying a Million Dollars a year to 29 buildings to use their rooftops. He said his recommendation would be to move forward with Phase I with the recommendation that our City Manager has offered to us because it brings all the public safety features into the City immediately, and all the other benefits that are to come later on are strictly at residential level. He said he feels it pays to move forward certainly on the public safety effort.a 13 Summary Minutes: Regular City Commission Meeting August 16,2007 City of Sunny Isles Beach, Florida Commissioner Goodman said he read in the paper that the County is looking into doing this and there are many glitches and problems in the system, and we should keep our eye on it. Mayor Edelcup said today he gave an article to the City Manager that was in today's Wall Street Journal talking about primarily some of the cities are facing difficulties particularly with the vertical problems that they are encountering in places like San Francisco with hills that are blocking the transmissions from going through, and so it pays for us to move cautiously and at the same time by moving cautiously we are also gaining the benefit of advances in technology. Vice Mayor Thaler said on Phase I he thinks there are some savings that we can contribute to that also which would reduce the amount of net cost on it especially in the Police Force with their instruments, we would not need licenses for each phone. City Manager Szerlag said that he would like us to be very thorough and methodical in our approach to this matter because there is some benefit that our Police Department currently has with their new system on computerization and he would like to find out through the RFP process what enhancements we are going to have, to what our Police Officers already have in the public safety aspect. He said one other thing we need to take a look at in the future is on the mounting access costs, if we are essentially going to be providing a free utility, it may behoove us to offer this utility in exchange for a roof top access for a dollar a year instead of $2,000 a month, these are things that are still in the mix but we will proceed cautiously and we will keep the Commission informed every step of the way. He said that Assistant City Manager Haag recently received an offer from a private sector company to form a public/private partnership and so the RFP can also have that as an alternative. He said we will proceed slowly, we want to benefit the residents as well as the organization and do it in the most cost effective manner. Commissioner Brezin asked about the Pilot Programs with the County and Assistant City Manager Haag said that we have had discussions with Dade County as recently as this week in regard to those Pilot projects, as you may remember, we met with them last year and asked to be part of that Pilot Program and we were not accepted. He said the County went through a series of town hall meetings to determine where those Pilot Projects would be, and in discussions we had this week, the County told us that they have all the Pilot Projects that they will need. Mayor Edelcup said since the County has committed that they want to be County- wide, it gives us the opportunity to ask the County for grant money beyond their pilot project once it gets moving, and that we will cover this part of the County and they maybe should contribute some part of that cost since they would not have to do this part of the County. Hugo Olortegui said he has a company that is operating in Miami-Dade County and Broward County and has operating bay stations on the southern and northern part of Sunny Isles Beach Ocean II being one of those buildings, and is in the process much like IBM but they start from the vertical out so they already have operating, money-making environments in place and up and running within the City and he would like to make himself available to IBM and to the City to help in anyway and share his best industry practice methodology in making this happen. Commissioner Brezin asked if it was cost effective, and he said very cost effective, they are in business and they are a private entity, owners and operators. City Manager Szerlag suggested he give Assistant City Manager Haag his business card because he will be invited to respond to our RFP.w 14 Summary Minutes: Regular City Commission Meeting August 16,2007 City of Sunny Isles Beach, Florida Bud Scholl said he has been trying to push this for about three (3) years now, and the one thing he wants to caution is to be very careful about getting locked into a recurring cost stream. He said the building access numbers really shook him up tonight because he always thought that we would get access to buildings because we are providing a public service and enhancing law enforcement and other issues around the City and creating efficiencies, and he was dismayed to learn that we may be held hostage for access to some of these rooftops. He said we spoke close to six (6) months ago about having a procedure in place that when one of these buildings comes to us for something, maybe having a dollar a year lease arrangement and be aggressive about that, and so we secured as many building rooftops as we can whether we need them or not, from now going forward and that could certainly mitigate the Million Dollars of Phase III, because he would not support a Million Dollars of recurring expense for the rooftop access to have vertical access. He said that he is very happy to learn that we have the ground accesses lined up. Jud Heilson, Financial Controller, Le Meridian Hotel said in the hotel or condo industry they have a Telecoms Department and it is cellular technology, the revenue generation from that Department is declining so the hotels are looking to off-set or find a new revenue in exchange for the revenue that they lost, so many of the hotels are very interested in hosting these access points for the wireless communications. Mayor Edelcup said as we proceed throughout our Phase I approach we won't be letting up with the opportunities of signing up these taller buildings for the future or even if those things do not come to pass currently, at least we will have the agreements on file in the City so when we do plan to go forward we will know how many more we will have to deal with. Assistant City Manager Haag said that we have had some preliminary meetings and the City Manager had said that the City is not paying one cent for any ongoing recurring costs for mounting these accesses on high rises. He said the approach they are taking with these folks is that the City is providing a tremendous asset to them as far as free access to the owners of the building as well as their residents so in return certainly they can provide us free access to rooftops, and response has been very positive. Mayor Edelcup said it should be in the Site Plan Checklist for the Building Zoning Department. 12C. Add-On: Discussion regarding Hiring Contractors to Upgrade the Security, Cabling and Telephone Systems for the Community Center at Pelican Community Park. Action: [City Clerk's Note: See action under Item 4A adding item to agenda.} City Manager Szerlag said that the Pelican Community Park is moving toward a CO hopefully this fall, and part of the Fixtures, Furniture, and Equipment (FF&E) requirements pertain to security, phone systems, upgrading of the City Call Manager, cabling, wireless, audio visual equipment and computers, with a total estimated cost of $250,000.00. He said as a discussion item he would like to advise, with the Commission's permission, for staff to proceed in acquiring those FF &E components as opposed to going to the contractor because we will save about a 15% markup in doing it in that regard, and come back in September to have the Commission ratify their actions, and they will follow all purchasing and contract 15 Summary Minutes: Regular City Commission Meeting August 16,2007 City of Sunny Isles Beach, Florida protocols that are in place. Mayor Edelcup said it sounds like a good suggestion and a cost- saving affect. Vice Mayor Thaler said when all of this is in place, can we get a definitive date that this Park will open. City Manager Szerlag said that we are moving at a glacier pace toward completion, and that he has a letter from Sabrina Baglieri our Construction Manager, and he was advised that the dates he was given are not acceptable. He met with Ms. Baglieri, Dennis Giordano, the Landscape Architect, the Contractor, and staff to see if we could expedite dates that he was given, and he would still like to hold to our latest premise of Fall, and once we get those numbers confirmed, he will have Ms. Simpson calibrate the budget document to reflect O&M costs from that point forward as opposed to an entire fiscal year. Commissioner Goodman asked when we approved this project, did we include the interior with the exterior, or is this over and above the costs, and City Manager Szerlag said that he has been advised that the FF&E budget allocation is about $750,000.00, and we will verify that, and that these components that we are purchasing will fall within that amount, it is just that it was not scheduled by the contractor or architect. So we are going to do it now by staff so as not to delay the project or to give the contractor his markup on doing this work. Mayor Edelcup said it was in the budget for the entire project, just not in this contractor's agreement. City Manager Szerlag said when this comes back for ratification, it will indicate that money is allocated for this. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS None 14. ADJOURNMENT Commissioner Brezin moved and Vice Mayor Thaler seconded a motion to adjourn the meeting, and Mayor Edelcup adjourned it at 10:01 p.m. Respectfully submitted by: . '. Approved by the City Commission on Sept. 20, 2007 ~. .. .... :.~~;A:~ Jane A. Hines, CI\1C, City Clerk 16