Loading...
HomeMy WebLinkAbout2012-0216 Regular City Commission MeetingSUMMARY MINUTES Regular City Commission Meeting Thursday, February 16,2012,6:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REOUlRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 6:30 p.m. with the following officials present: Mayor Norman S. Edelcup Vice Mayor Lewis J. Thaler Commissioner Isaac Aelion Commissioner Jeanette Gatto Commissioner George "Bud" Scholl City Manager Alan 1. Cohen City Attorney Hans Ottinot Asst City Manager/Corom Dev. Sharon Ragoonan City Clerk Jane A. Hines, CMC I t 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Cultural and Human Services Director Susan Simpson 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. 3A. APPROVAL OF MINUTES Regular City Commission Meeting - January 19,2012. Action: Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the above Summary Minutes. 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: Additional Information: Item lOA. Reorganization Plan; Add-On: Item lOP. Request of Regalia to Place Mural on Construction Fence; Item 10Q. Removal of Use Restriction & Assignment ofTDRs; and Item lOR. Waive Bids Landscape Intracoastal Parks. Action: Mayor Edelcup noted the above changes to the agenda. Vice Mayor Thaler moved and Commissioner Aelion 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. City Commission Employee Recognition Program: Certificates of Appreciation to be Presented to the Following City Employees: Jasmine Barnes, Jony Lugo, Terry Walker, and Irina Akopyan. Summary Minutes: Regular City Commission Meeting February 16,2012 City of Sunny Isles Beach, Florida Action: Mayor Edelcup reported that these employees went above and beyond the call of duty in the performance of their duties, and the City Commission presented them Certificates of Appreciation and noted that each recipient will receive a $100 check. City Manager Cohen thanked the Commission for this recognition program as it means a lot to the employees, and for acknowledging the good work that our staff does. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. [City Clerk's Note: Mayor Edelcup noted that Item 6B is being continued to a Special Commission Meeting (see action under Item 6B), and Clifford Schulman, Esq. asked to hear Item IOQ out of order, and Mayor Edelcup said to hear it after Item 6A.] 6A. Request of Sunny Isles Marina, LLC, Located at 400 Sunny Isles Boulevard, for the Following: (Hearing #Z20 12-0 1) t- I I The Applicant is requesting site plan approval for two (2) open boat racks at an existing marina. The marina currently has one (1) open, 3-level boat rack. This rack was approved by building permit on October 5, 2011. The Applicant is now requesting a second boat rack with two_(Z) levels. 1. Pursuant to Section 265-18 ofthe City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a site plan approval for two (2) open boat racks at an existing manna. Protests 0 Waivers 0 Ex Parte 0 Action: 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 witnesses. City Planner Claudia Hasbun reported recommending approval of this project. Public Speakers: Mike Meyer; Gerry Goodman Commissioner Aelion said he wants to make sure that this conforms to high winds. City Manager Cohen said the first rack currently on the site received prior administrative approval and so this is not an after-the- fact application however both racks are before the Commission tonight for consistency sake. The first rack went through a Building Permit Review as if it were a permanent structure and is designed to withstand winds as a permanent structure, and the second rack is required to be designed in the same way. Commissioner Aelion said the first rack was built before the City was incorporated and it conformed to the County Code but it did not withstand the winds of Hurricane Wilma. Commissioner Scholl said when the applicant came in to get approval for the original marina, he was told that the applicant would landscape around the marina and that it was going to be a surface marina because of the temporary nature ofthe property. He was not aware that we gave administrative approval for the rack until it showed up. He said his biggest concern is that the property is still very temporary in nature and what we are starting to do is putting structures on the property that don't necessarily have a rhyme or reason from an aesthetic standpoint, the old marina that was there was enclosed and had a site plan. What he sees happening is that we grant an approval for a surface location of boats and we said to landscape it so it is not as obtrusive and now it is starting to morph, and there is no site plan. 2 Summary Minutes: Regular City Commission Meeting February 16,2012 City of Sunny Isles Beach, Florida City Manager Cohen said prior to this current administration an administrative approval was granted, that approval was granted to a structure as a temporary structure. When the second application came in and we reviewed the application, it was their opinion, and they received concurrence from the Building Official as well that the structure itself was reviewed as a permanent structure from the Building Permit perspective and from the Zoning perspective, it was granted administrative approval as a temporary structure and we felt that was inconsistent. When they sat down and looked at the Code, and spoke to City Attorney, they felt that this should come before the Commission in the Site Plan Review process, which is why it appears that it is an after-the-fact request. We are here now to take a comprehensive look which is what the Site Plan Approval process is designed to do, and we do believe that the way the landscaping is set up, it can accommodate the proposed landscaping. Mayor Edelcup said we are left here with a situation in which something was administratively done, there was an initial approach to have more of these racks put in and with a discussion with staff, they compromised by coming in with one rack. The second rack at the request of the City was set so that a boat would not be visible above the bridge much like the original rack that is there today which is 3 stories high. This rack would fall in where it could only be two levels high. On the other hand, there is a great need for boat storage. There is a lot of compelling-reasons in-his-mind-that-as long-as-the second boat rack does not exceed the height limit of the bridge so the boats are not above the bridge line, and we have an understanding from this point forward that there would not be any additional racks put in. In reading the application, it is permitted to have up to 250 boats and they will wind up with only having 200 - 210 boats in the facility and so we are still under the maximum that was allowed and we are accomplishing the goal of providing boats whether it is on a temporary basis or longer until such time as something is built to capacity for this area. Since most of it is hidden from people entering over the bridge, admittedly people living on Atlantic Isle don't have the advantage of having a bridge blocking our view and so we will see these two racks but he does not find them to be objectionable. Commissioner Scholl said his issue is what is temporary because if you are coming in and we keep kind of piece meal it we don't have a unified plan, as this is more like a survey than a site plan to him. Under any other circumstances, if an applicant came in we would ask for a unified plan, and something that we would want to make sure that has got some aesthetic value to it based on the use even though it is alongside the bridge. He asked if there was a timeframe when their approval expires. City Manager Cohen said to clarify it, the structure itself is not a temporary structure, it is deemed a permanent structure, but the applicant only has a five-year lease for the property. He understands the concern that the Commission is expressing, the only thing he wants to express is that he wouldn't necessary hold the applicant responsible for the action offormer City staff. The first rack should have been here before the Commission and it wasn't, the applicant was led to believe by City staffthat they didn't need to go through that process, and we believed they did and technically both of the structures are before the Commission tonight as part of this site plan approval because the first structure that was approved was approved as a temporary structure, and so the time period for the temporary structure is over and so it is in essence a comprehensive plan that is being put before the Commission as both racks have to be approved tonight. 3 Summary Minutes: Regular City Commission Meeting February 16,2012 City of Sunny Isles Beach, Florida City Attorney Ottinot said in answer to Commissioner Scholl, at the time when the original request was made to have a marina in that area, the basis of that decision was that area had an existing marina, and based on that, staff had given a permanent use to continue that marina, and so that is why the site plan most likely did not come before the Commission, it was based on the fact that the property had an existing marina which was demolished by Hurricane Wilma. With respect to this application and at the time he believes that it was somewhat conveyed to the applicant that the marina use would be temporary because the owner would eventually come before the Commission, ifthe market picked up, and file an appropriate site plan to build a building on the site. This application will reaffirm the marina use and also affirm that the one rack does exist on the site and to add a new rack, and that is the purpose of this application. Commissioner Scholl said his issue is that there is no aesthetic value to what we are doing, this is a tack-on, he completely agrees with staff that it was approved but it had aesthetics to it, it sheltered the view of the boats from the public, it came in and went through a process and was approved. So what we are doing here is that we are curing an old ill which he understands is not the current administration's fault but we are allowing a tack-on for something that was not conceived that way in the first place. Commissioner Aelion said the _ -issue-that-he-has-with-what-Commissioner-ScholLjustsaidjsthat apermiLwas_granted and a structure was built, if we are voting no tonight then it will affect the existing structure also, and Mayor Edelcup said yes it will because the first one is temporary. Ifwe vote no today on this project, the first three-level structure would now be illegal because we have not approved it, and the temporary status comes to an end. City Manager Cohen said the terminology temporary and permanent is actually defined in the State Building Code and this structure conforms to what is considered a permanent structure, and so it is only permanent within the definition of the Statute. It doesn't speak to the permanence of the structure on the site, and how long it will be there, and what uses will be there. Vice Mayor Thaler said if we vote no, we would hurt the applicant, and City Manager Cohen said if you vote no tonight, the first structure that was granted administrative approval as a temporary structure and is not technically valid as a temporary structure and needs to be approved as a permanent structure, would have to be removed. Mayor Edelcup said he believes we should consider it the way it is presented to us, if we are going to approve the first structure that is already three levels high that is limited to the bridge, then what is wrong with the second structure being too high that is still limited by the bridge, we are taking away the opportunity for a man to conduct his business possibly, and we are also taking away the opportunity for residents or people that live in the area that want to do boating, and there is insufficient boating here, we know it is a semi-temporary situation until a developer comes along in the future to develop the property. Mike Meyers, owner of Sunny Isles Marina, said the footprint is about 20% or less of what was originally there. The original structure consisted of two enclosed barns, outdoor racks, and the Commissioner's question on the site plan, he did submit a site plan to the previous staff. They had many back and forth on how many trees should be planted and they came up with a number of four palm trees and he had gone ahead and planted 60 palm trees, and there is a grassy area at the marina. There are over 1,000 bush hedges, he did enclose the marina with a fence all the way around. He has met with many of the neighbors on Poinciana Island as well as Oceania, and he did have several complaints on the lights for example, interfering with people's peace and quiet of the surrounding area and the bay. FPL has been out to 4 Summary Minutes: Regular City Commission Meeting February 16,2012 City of Sunny Isles Beach, Florida adjust the lights. He made phone calls and has worked with the neighbors and nothing else has been brought to his attention. He does host the Off-Shore Boat Races from the marina, several of the poker runs, and he requires the boats that come in to keep the noise down and he just operate during the daylight hours. Many of his tenants live within eyesight of the marina and are happy that they have a place to walk to and enjoy their boats. He has plans to maintain the aesthetics, and he came up with a plan with the previous staff that is something that is well designed with a minimum of 15- foot trees and went well beyond what they had asked for in landscaping and decided to tier the racks down so that when people pass on the bridge they can enjoy the water and views. Gerry Goodman asked about the parking, and Mr. Meyer said that the City has strict requirements on parking, and there is a Statute for marinas in particular, they require one parking spot for every ten boats dry, one parking spot for every five wet. The parking there is adequate for 278 boats which is more than they are zoned for, and there is also overflow metered parking just under the bridge in the new parking lot. There is a business loop underneath the bridge, there is a main access for the marina that is underneath the bridge, there is an entrance and an exit. It is 24/7 security there and the site is well maintained. -0- Gommissioner-Gatto-said-in-reviewing-this she-thought-it-was a good thing-because-it is a nice amenity for the City, she was thinking of the end user, the end user being people who own boats and want to dock it somewhere so they can enjoy the area and that is kind of what this City is about. She does understand now, not having heard the back story prior that this was done under the radar but she thinks it would be detrimental and chaotic for people to have to move their boats out and try to find another place. Vice Mayor Thaler moved and Commissioner Gatto seconded a motion for approval, subject to staff conditions. Resolution No. 12-Z-125 was adopted by a roll call vote of5-0 in favor. Vote: Commissioner Aelion Commissioner Gatto Commissioner Scholl Vice Mayor Thaler Mayor Edelcup m m m m m 6B. Request of Chateau Beach, Owner of the Property Located at 17475 Collins Avenue, for the Following: (Hearing #Z20l2-02) (To Be Continued to March 1,2012 at 6:30 p.m.) The Applicant is requesting approval of a site plan for a 35-story, 84-unit condominium building with 271,456 square feet. The Applicant is also requesting Transfer of Development Rights (TDRs) in the amount of 62,644 square feet of floor area from private TDR Bank accounts and City's TDR bank account. The Applicant is also seeking a waiver for the required beach access easement, approval of two variances concerning building width, and garage side setback, and approval of the use of mural and graphics on temporary construction fencing. 1. Pursuant to Section 265-18 ofthe City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a site plan approval for a 35-story building with 84 condominium units. 5 Summary Minutes: Regular City Commission Meeting February 16, 2012 City of Sunny Isles Beach, Florida 2. Pursuant to Section 265-23 ofthe City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting to approve the utilization of private TDRs in the amount of60,000 square feet of development rights and 30 dwelling units. The private TDRs are from Abus Sunny Isles, LLC in the amount of 40,000 square feet and 20 dwelling units and from Chateau Beach, LLC in the amount of 20,000 square feet and 10 dwelling units. 3. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting to transfer 2,644 square feet and two dwelling units from the City's Transfer of Development Rights Bank. An adjustment to be made for a decrease of 2,644 square feet and two dwelling units from the City's Transfer of Development Rights Bank. 1 I 4. Pursuant to Section 265-35(D)(8) of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a waiver of the required beach access easement for property adjacent to parks. 5. Pursuant to Section 265-15 ofthe City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance of Section 265-35.D(6) to permit a building width of 7J%_ofJhe_width_oLthe_pr_op-erty_(13_keJ), wh~Le_a_ma2Cjmum~of 60% is allowed. 6. Pursuant to Section 265-15 ofthe City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance of Section 265-35.D(4) to permit 0'-0" to the north garage side setback, where there is a 20' -0" north garage side setback requirement. 7. Pursuant to Section 265-63.3 (G) of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting the use of graphics and murals on temporary construction fencing. Protests 1 Waivers o Ex Parte o Action: Mayor Edelcup noted for the record that this item has been postponed to a date certain as a Special Hearing on Thursday, March 1,2012 at 6:30 p.m. Public Speakers: Cliff Schulman, Esq. Cliff Schulman, Esq. on behalf of the Applicant asked to continue this item as they are in the process of redesigning the project to avoid some of the variances that were requested. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to continue this item to a Special City Commission Meeting on Thursday, March 1,2012 beginning at 6:30 p.m. The Motion was approved by a voice vote of 5-0 in favor. 7. ORDINANCES FOR FIRST READING None 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 6 Summary Minutes: Regular City Commission Meeting February 16, 2012 City of Sunny Isles Beach, Florida 9. ORDINANCES FOR SECOND READING (Public Hearings) [City Clerk's Note: Item 9A was heard after Item IOQ,J 9A. An Ordinance of the City Commission ofthe City of Sunny Isles Beach, Florida, Amending the Official Zoning Map of the City of Sunny Isles Beach Pursuant to Section 265-4 of the City Code to Make it Consistent with the Land Use Map; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 0 1/19/12) Action: City Clerk Hines read the title, and City Manager Cohen reported that the Commission previously amended the City's official Land Use Map and is now amending the Zoning Map to make it consistent. Public Speakers: None J_ I Commissioner Aelion moved and Commissioner Scholl seconded a motion to adopt the ordinance. Ordinance No. 2012-380 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Aelion yes Gommissioner-Gatto-yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 9B. An Ordinance ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Amending Sections 265-34, 265-35, 265-36, and 265-38 of the Zoning Code to Correct a Scrivener Error; Providing for a Repealer; Providing for Severability; Providing for an Effective Date. (First Reading 01/19/12) Action: City Clerk Hines read the title, and City Attorney Ottinot reported noting that this Ordinance is to correct a scrivener's error on how bonuses are calculated with respect to development projects. Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to adopt the ordinance, as amended. Ordinance No. 2012-381 was adopted by a roll call vote of5-0 in favor. Vote: Commissioner Aelion Commissioner Gatto Commissioner Scholl Vice Mayor Thaler Mayor Edelcup yes yes yes yes yes 9C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 10 Entitled Budget Procedures to Create a New Section Entitled Emergency Fund Balance Reserve; Requiring Budget Amendments be Approved by Ordinance; Providing for Repealer; Providing for Severability; Providing for an Effective Date. (First Reading 01/19/12) 7 Summary Minutes: Regular City Commission Meeting February 16, 2012 City of Sunny Isles Beach, Florida Action: City Clerk Hines read the title, and City Manager Cohen reported that the purpose of this Ordinance is to require that changes to the emergency fund require a super majority vote. Public Speakers: None Commissioner Scholl moved and Commissioner Aelion seconded a motion to adopt the ordinance. Ordinance No. 2012-382 was adopted by a roll call vote of 5-0 in favor. V ote: Commissioner Aelion m Commissioner Gatto m Commissioner Scholl m Vice Mayor Thaler m Mayor Ede1cup yes Sitting in as the Local Planning Agency and the City Commission, to Consider the Following Ordinances Amending the Land Development Regulations (LDRs): 9D.l A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida, Recommending to the City Commission of Sunny Isles Beach, the Ordinance Amending Sections 265-5 and 265-46 of the Zoning Code to Revise Off-Street Parking Standards, AttacneaasExni15if"A";ProviCling for an Effective Date. Action: [City Clerk's Note: Items 9 D. I and 9 D. 2 were heard together.) City Clerk Hines read the title. Commissioner Ae1ion moved and Vice Mayor Thaler seconded a motion to approve the resolution. LP A Resolution No. 2012-69 was adopted by a voice vote of 5-0 in favor. 9D.2 An Ordinance of the City Commission ofthe City of Sunny Isles Beach, Florida, Amending Sections 265-5 and 265-46 of the Zoning Code to Revise Off-Street Parking Standards; Providing for a Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 01/19/12) Action: City Clerk Hines read the title, and City Attorney Ottinot reported that the purpose of this Ordinance is to provide development with an opportunity to have 100% tandem parking if 24-hour valet service is provided in perpetuity. Also, it prohibits self-parking in mechanical parking lifts or any other type of mechanical parking device Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to adopt the ordinance. Ordinance No. 2012-383 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Aelion m Commissioner Gatto yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup m Mayor Edelcup asked to hear Item 13A after Item 9D as it involves students and this is a school night. Commissioner Aelion moved and Commissioner Scholl seconded a motion to amend the agenda, and it was approved by a voice vote of 5-0 in favor. 8 Summary Minutes: Regular City Commission Meeting February 16,2012 City of Sunny Isles Beach, Florida 10. lOA. +- . i I RESOLUTIONS A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Reorganization Plan for the City of Sunny Isles Beach Government Departments, 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's Note: Heard after Item J 3A. The Reorganization Plan was distributed prior to the meeting. See additional action under Item 4A.) City Clerk Hines read the title, and City Manager Cohen reported noting that following the meeting last month where he had received the Commission's opinions, he had follow-up conversations with each Commissioner on suggested changes, all of those changes have been integrated into the updated plan, and the memo sent out earlier this week outlined those changes which primarily impact the Department of Cultural and Community Services. In the original plan, the Parks group was to be consolidated and moved to CCS and then go to Public Works. We are going to create a two-step process and right now all you are being asked to approve is the consolidation ofthe Department and moving it all under Cultural and Community Services. Commissioner Ae1ion asked about the collective plan reorganization, and City Manager Gohen- said-the -Plan - is-laid - out -for-the- impact- of- this - current-Fiscal-Year -;- The-subsequent fiscal year impacts will be discussed and approved in each subsequent annual budget. It is a collective plan in that the positions are all being approved and moved forward this year but you have the right as the Commission to defund any of these positions or make changes if during the subsequent course ofthis fiscal year, you determine that some of the positions that were funded are not appropriate. Mayor Edelcup said that we cannot bind future Commissions to a decision, this Commission can only approve this year's budget. Vice Mayor Thaler said he had questioned six openings here and he would like to know when they are going to be filled, and City Manager Cohen said for those that were unable to attend the meeting the other day where the Vice Mayor appropriately challenged him on this question because his concern is that if we are going to create these positions and there is a need for them, they should be filled in a timely manner, and he wholeheartedly agrees. Given the length oftime that it takes to do searches and finding appropriate people, we hope to have this done within three months but no later than four months to get all these positions filled. Mayor Edelcup said he thinks he needs sufficient time to make sure they hire the right people for the right places so that rather than try to fill a hole very quickly and then have to refill it again and again, take the affected time. Vice Mayor Thaler said he was looking at the "To Be Announced (TBA)", and his assumption TBA is that we already know who they are, and City Manager Cohen said we do not have any identified candidates right now. Vice Mayor Thaler said then that it should say "vacant", and City Manager Cohen said vacant means that it is a already an existing funded position, so a TBA is a to be funded position if you approve the Plan this evening. Commissioner Scholl encouraged the City Manager not to rush, he would encourage him to wait until you find the right applicant because you are only as good as the quality of people that you are going to hire, and when you feel under the gun to hire somebody, you compromise and you don't want to compromise. City Manager Cohen said as the Vice Mayor so graciously offered him, if in fact we do feel rushed and we are unable to find a quality applicant, he will come back to the Commission and report to you that it is taking longer so that you are aware of that. 9 Summary Minutes: Regular City Commission Meeting February 16,2012 City of Sunny Isles Beach, Florida Commissioner Aelion said we are not adding to our budget fund, and City Manager Cohen said we transferred monies to the General Fund a meeting or two ago, we are not adding to the budget, these are coming out of existing funds within this year's budget. Mayor Edelcup said it is coming out of Contingency Funds, it is still within the current year's budget. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012-1842 was adopted by a voice vote of 5-0 in favor. lOB. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Reappointing Maurice Donsky, Esq., Regine Monestime, Esq., Rafael E. Suarez-Rivas, Esq., and Ellen Lavin, Esq. as Special Masters, 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 Cohen reported. City Attorney Ottinot said he had served as the Chair of the City Attorney Search Committee for North Miami, and one of our Special Masters, Regine Monestime was recently appointed City Attorney for North Miami and so most likely she will come off. He said to leave her on for now and-wh-eh-sh-e-gives-us- her-formal-nbtice-;-we-wilI-then-appoint-another Special-Master. Public Speakers: None I I +- I Commissioner Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2012-1843 was adopted by a voice vote of 5-0 in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the First Addendum to Agreement with Snack Time LLC. Concession Services, Inc. to Add Pelican Community Park to their Concessionaire Services for the City, in Substantially the Same Form Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said First Addendum to Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Cultural and Human Services Director Susan Simpson reported that Snack Time LLC currently has a contract with the City to operate a concessionaire at Samson Oceanfront Park, at this time they are not operating a concessionaire due to the aesthetics of what they had there. They are looking to put something else there seven days a week. In the meantime, they are interested in taking on the concessionaire services at Pelican Community Park (PCP) which was vacated by our previous agreement with Toby's Lemonade. They have offered $150 monthly for running the services in PCP and it will cost the City only the expenses of operating the concession (electric, water). Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution, as amended. Resolution No. 2012-1844 was adopted by a voice vote of5-0 in favor. 10 Summary Minutes: Regular City Commission Meeting February 16,2012 City of Sunny Isles Beach, Florida 10D. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing the City Manager to Enter into Negotiations with Offshore Events, LLC, for Off-Shore Powerboat Races in Sunny Isles Beach Scheduled June 14-17,2012; Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Cultural and Human Services Director Susan Simpson reported that Offshore Events LLC has advised her that they are unable to give us the same event as they have in previous years for the same contribution of$40,000. They are looking to give us the same event for $80,000 or a much lesser event for $40,000, and staff does not recommend either of those options. City Manger Cohen said that at the Agenda Workshop we were instructed to go back and negotiate, we did attempt to do so and they refuted our offer. Mayor Edelcup said he recommends therefore we turn this down and we will use the $40,000 that we've allocated as part of our 15th Anniversary, and maybe Ms. Simpson can come up with a recommendation as to what better use we can put that money towards. Public Speakers: None Commissioner-Scho ll- moved- and-Commissi oner-Gatto-seconded- a-motion - to-deny- the negotiation with Offshore Events for the 2012 Powerboat races. Resolution No. 2012- 1845 was adopted by a voice vote of 5-0 in favor of turning it down. 10E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Budget Amendment No. BAI112-013 to Fiscal Year 2011/2012 Budget to the General Fund (10) which Includes a Reduction into the Contingency Account by $363,100.00; to the Building Fund (14) with a Net Zero Impact; and to the Capital Projects Fund (20) which Includes a Reduction into the Fund Balance Reserve by $35,000.00; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Cohen reported that this is a budget amendment to cover several different areas. Public Speakers: None Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2012-1846 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 the Selection of Humana as the Provider for Employee Health and Dental Insurance; EyeMed as the City's Provider for Vision Care; Mutual of Omaha as the Provider for Life Insurance, Accidental, Death & Dismemberment (AD&D) Insurance, Long Term Disability Insurance, Voluntary Short Term Disability Insurance, and Voluntary Life Insurance, for a One-Year Period; Authorizing the City Manager to Enter into Agreements with these Providers, Provided Said Agreements are Approved as to Form and Legal Sufficiency by the City Attorney; Further Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. II Summary Minutes: Regular City Commission Meeting February 16,2012 City of Sunny Isles Beach. Florida Action: City Clerk Hines read the title, and Human Resources Benefits Administrator Yael Londono reported noting that our Insurance Brokers Brown & Brown did an excellent job of requesting proposals for coverage. After extensive negotiations with various providers, Brown & Brown as well as staff recommends that we continue with our current providers, renew our existing plans with no changes to the level of coverage. The medical plan is the only plan experiencing an increase which is 2%. At this time we are also recommending the approval of an increase of$9 to the monthly allowance provided for the health coverage. The $9 is equivalent to the 2% increase in the employee only HMO high, and in order to remain equitable we would increase the employee only allowance to $659, currently it is at $650, and the employee dependent allowance from $750 to $759, the opt out allowance would remain at $500. They reduced the current rate for the long term disability which reflects an annual savings of 4.18% for the City. Commissioner Scholl said the net is $28,000 on the annual total for all the plans. Public Speakers: Bob Hollander of Brown & Brown Commissioner Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2012-1847 was adopted by a voice vote of 5-0 in favor. lOG. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Ratifying the Approval of the First Amendment to Parking License Agreement with National Deli Corporation, D/B/A the Epicure Market - Sunny Isles (Epicure), to Jointly Share Non- Exclusive Parking Spaces in Epicure's Parking Lot Located at 17190 Collins Avenue, in Order to Accommodate Potential Overflow from the Patrons of Town Center Park, to Extend the Agreement for an Additional Year with Consecutive One (1) Year Renewal Terms, 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 that this is in essence similar to addressing a scrivener's error. The first agreement had a one-year term with no renewal, and we are simply adding an additional term to it with automatic renewal clause in it, the price remains the same. Public Speakers: None Commissioner Aelion said it was discussed at the Workshop that steps were going to be taken to ensure that the parking spaces were designated and for the signs to be appropriate, and also the $5 fee was going to be looked at. City Attorney Ottinot said that Epicure has a stand alone sign stating $5 for beach and park, and the City Manager is working with him to revise that sign so it just says beach. Mayor Ede1cup said the spots within the parking lot are not designated specifically for us anywhere in the parking lot where our people can park, it is whatever space is available. That is what we had agreed to on the original agreement, and City Attorney Ottinot said initially he had given us space in the back, and Mayor Ede1cup said yes and we changed it, we changed the number of days and we changed to unspecified spots. All we are doing right now is extending what we previously had agreed to. Commissioner Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2012-1848 was adopted by a voice vote of 5-0 in favor. 12 Summary Minutes: Regular City Commission Meeting February 16, 2012 City of Sunny Isles Beach, Florida lOR. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Chief of Police, in Accordance with the Comprehensive Crime Control Act of 1984, to Expend up to $61,353.45 from the Federal Forfeiture (DOJ) Funds for the Purchase of One Undercover Vehicle, Laser Speed Detectors, Tactical Police Radios and Miscellaneous Investigative Equipment for the Police Department; Providing for an Effective Date. Action: City Clerk Hines read the title, and Police Chief Fred Maas reported. Public Speakers: None Commissioner Ae1ion moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012-1849 was adopted by a voice vote of 4-0-1 (Commissioner Scholl had stepped out) in favor. -f 10I. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Purchase of Nine (9) Vehicles and Associated Equipment for the Police Department, in an Amount Not to Exceed $324,416.85, Attached Hereto as Exhibit "A"; Authorizing the Gity- Manager -10- 90-All-Things- N ecessary- to-Effectuate-this- Resolutionj-Providing- F or-An Effective Date. Action: City Clerk Hines read the title, and Police Captain Michael Grandinetti reported. Public Speakers: None Commissioner Gatto moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012-1850 was adopted by a voice vote of 4-0-1 (Commissioner Scholl had stepped out) in favor. 10J. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Authorizing the Purchase of Two (2) Vehicles and Associated Equipment from Bartow Chevrolet for Use by the Code Enforcement Division, in an Amount Not to Exceed $32,780.00, 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/Community Development Director Sharon Ragoonan reported. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012-1851 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, Terminating the Declaration of Restrictions Issued Pursuant to Resolution No. 05-Z-99; Authorizing the City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. 13 Summary Minutes: Regular City Commission Meeting February 16,2012 City of Sunny Isles Beach, Florida Action: City Clerk Hines read the title, and City Attorney Ottinot reported that several years ago the Commission approved the Da Vinci Project, and the development has expired however we did file at the time a Declaration of Restrictions with Miami-Dade County. That Declaration of Restrictions is null and void. The current property owner, Raanan Katz, would like the matter removed in order to sell the property without any title. Mayor Edelcup said this is housekeeping because it died anyway when the project didn't move forward. Public Speakers: None Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2012-1852 was adopted by a voice vote of 5-0 in favor. 10L. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Approving a Consultant Agreement with Carlos Espinosa to Assist the City on Local and State Environmental Issues, Attached Hereto as Exhibit "A"; Authorizing the City Manager to Execute the Agreement and to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. 1 Action: City Clerk Hines read the title, and City Manager Cohen reported that the City has several Capital Projects which would benefit from the advice of an Environmental Consultant to help us move our projects forward. Public Speakers: None Vice Mayor Thaler questioned the ten months, we were supposed to correct it. City Attorney Ottinot said we would revise it, the City Manager at the Workshop had indicated that Mr. Espinosa would be a part time employee within six months, we will revise it based on the motion for the amendment. Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the resolution, as amended. Resolution No. 2012-1853 was adopted by a voicevoteof5-0 in favor. 10M. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Approving the First Amendment to the Design-Build Agreement between the City of Sunny Isles Beach and 4M Investors, LLC., for a Park and Parking Garage in Gateway Park, Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said First Amendment to 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 City Manager Cohen reported that at the last meeting you had approved an extension for the submittal date for 4M to submit its site plan approval. This is codifying that into the agreement that we have with 4M Investors. Public Speakers: None Mayor Ede1cup noted that we do have a Workshop coming up on this on Friday, March 2, 2012 at 10:30 a.m. 14 Summary Minutes: Regular City Commission Meeting February 16.2012 City of Sunny Isles Beach, Florida Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012-1854 was adopted by a voice vote of 5-0 in favor. i ION. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Urging the Florida Legislature to Amend the Florida Clean Indoor Air Act to Ban Smoking in Outdoor Common Areas of a Condominium Except in Areas Specifically Designated for Smoking; Directing the City Clerk to Transmit a Copy ofthis Resolution to the Presiding Officer of the Florida House of Representatives and Florida Senate, Senator Gwen Margolis, Representative Richard Steinberg, Florida League of Cities, and Miami-Dade League of Cities; 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 Commissioner Gatto reported that this resolution was initiated by resident Arlene Koenig who has experienced second hand smoke floating into her unit, and it generated a bigger conversation about multi-unit dwellings where we all share space. This initiative urges the Florida Legislature to amend the Clean Air Act, to prohibit smoking in all common areas, the pool area, the parking garages, and it includes patios anif15a1conies given tliat seconifliana smoKe istoxicandCiangerous. Public Speakers: Arlene S. Koenig Commissioner Aelion said that he gets complaints of people smoking and the smoke drifting into the above condos, and feels this is very appropriate. Commissioner Scholl said to watch the language because it says all common areas, and noted that patios and balconies are not common areas. Commissioner Gatto said they are limited common areas, they don't apply to the square footage of the apartment. Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2012-1855 was adopted by a voice vote of 5-0 in favor. 100. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Retaining the Services of Consultants John Hagan Associates, Inc., the Chappell Group and EcoPlan, Inc. to Provide Consulting Services to the City for the Acquisition of Submerged Land, in an Amount Not to Exceed $35,000.00, Attached hereto as Exhibit "A"; Authorizing the City Attorney to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012-1856 was adopted by a voice vote of 5-0 in favor. 15 Summary Minutes: Regular City Commission Meeting February 16,2012 City of Sunny Isles Beach, Florida lOP. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Request Submitted by Regalia to Place a Mural on their Construction Fence Located at 19505 Collins Avenue; 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 Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012-1857 was adopted by a voice vote of 5-0 in favor. [City Clerk's Note: Item IOQ was heard after Item 6A.) 10Q. Add-On: Removal of Use Restriction and Assignment of TDRs. 10Q1. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Removing the Use Restriction Imposed on Certain Transfer of Development Rights ("TDRs") Owned by Jerry's Famous Deli, Inc. ("Jerry's"); Approving the Assignment of 2,644 Square -F eet-of-TD Rs- to -Abus,bLG-("Abus!!.);-Providing-the- Gi ty - Manager-and- the -Gity - - Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Items IOQl and IOQ2were heard together.) City Clerk Hines read the title, and City Attorney Ottinot reported. Public Speakers: Clifford Schulman, Esq. Clifford Schulman, Esq., representing Jerry's Famous Deli, Inc., reported that this is an application to allow a transfer that was restricted to only the west side to go to the east side. Under certain circumstances ie. a payment of a transfer fee, and also to allow it to be used on another project, and that project will be before the Commission on March 1 but they want the Transfer Development Rights approved via swap it from west to east. Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2012-1858 was adopted by a voice vote of 5-0 in favor. IOQ2. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Assignment of2,644 Square Feet of Transfer of Development Rights ("TDRs") from Abus, LLC ("Abus") to Chateau Beach, LLC ("Chateau"); 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. Public Speakers: Clifford Schulman, Esq. Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2012-1859 was adopted by a voice vote of 5-0 in favor. [City Clerk's Note: The Commission heard Item 9A after Item IOQ,J 16 Summary Minutes: Regular City Commission Meeting February 16,2012 City of Sunny Isles Beach, Florida lOR. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Waive the Formal Competitive Bidding Procedures Pursuant to Section 62-12 of the City Code to Negotiate Agreements for the Preparation and Landscaping of the Intracoastal Parks; Authorizing the City Manager to Expend an Amount Not To Exceed $70,000.00, and to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Added at the meeting.] City Clerk Hines read the title, and City Manager Cohen reported noting that they have already completed the sodding and the irrigation of one of the four parcels involved which cost approximately $35,000. We are now moving forward with two more of the four parcels and we will move forward with the last parcel after demolition in May 2012. This money is part of the Capital Project that was already approved by the Commission and is not an addition to the budget. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012-1860 was adopted by a voice vote of 5-0 in favor. -i- 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Add-On: City Manager Cohen acknowledged the passing of a long standing sitting employee David Didona, David provided many fine years of service to our community. He was universally admired, respected and loved by his co-workers and he will be sorely missed. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS [City Clerk's Note: Item I3A was heard after Item 9D as it is a school night for these students.) 13A. Discussion/Presentation by Joseph Nabaka regarding Students Working Against Tobacco. Action: Arlene S. Koenig reported that she has been working with the Tobacco Free Work Group from the Department of Health. Student Katherine Plentis representing the SWAT group, Students Working Against Tobacco for Miami-Dade, reported on the dangers of candy flavored tobacco and getting them offthe shelves. Ms. Koenig asked the Commission to pass a policy to take these products off the shelf to protect our youth. Mayor Edelcup said that they will consider it at a future meeting. City Manager Cohen said when legislation is brought before the Commission it takes some time to develop, staff has to write it, the City Attorney has to review it, and there is a process. He saw the faces of some of the students who might have expected the Commission to act this evening, and the legislative process is a deliberative one that does take some time, and so this will go through the channels and hopefully will come before the Commission at some point. [City Clerk's Note: The Commission heard Item IOA after Item 13A, and heard the remainder of the agenda in order.) 17 Summary Minutes: Regular City Commission Meeting February 16,2012 City of Sunny Isles Beach, Florida 13B. Discussion by Maria Elvir regarding Sahara Beach Club Condo Unit Owners. Action: Maria Elvir said she has been an owner at the Sahara Beach Club Condo for the past 26 years, and is here representing all the owners at the Sahara Beach Club. She said they have a run away Association and she is here asking the Commission to come forward and give her a hand with this situation. The biggest problem is that they are not abiding by the State law. She said the Police Department has not responded to any of her requests. She said she has put in canceled checks, receipts, and there are tens of thousands of dollars of improperly used funds that are unaccountable for. She is asking the Commission for help with the Police Department. City Attorney Ottinot asked Ms. Elvir to come and see him to get all the facts to be able to determine if it is a Police issue or a civil issue. Police Chief Fred Maas said the Police Department has reached out in the last several days since they received a letter from her, and she has met with the Investigator Lieutenant. He said there is a very clear line between issues that are civil in nature which often times occur in these condominiums and it is not the Police Department's responsibility to investigate it, it is their responsibility to move forward when items of a criminal nature are brought to them but they must show that they are items of a criminal nature. Captain Snyder has placed a couple of calls to make an appointment with Ms. Elvir to come in and go over this again. He has been monitoring this since he received her letter, and met with his staff and also to determine what has been turned in and there has been incomplete steps that are required before going to the State Attorney's Office. He will make an appointment for tomorrow morning and he and Captain Snyder will sit down with her and review everything, and will send her up to see the City Attorney after their meeting. 14. ADJOURNMENT I I. Commissioner Scholl moved and Commissioner Aelion seconded a motion to adjourn, and Mayor Ede1cup adjourned the meeting at 8:09 p.m. _' - ". 1'). . - Respectfullyrsubmitted by: Approved by the City Commission on March 15,2012 (, ! \ --'. :. '. 1: ".: . ~ ~ !a1~ A.~ mes, ~~C, City Clerk -- .' \ ." ; /', \. \ l.' \.." ". \i ,/> .. . ; ') ""f . .~. ';.- . -!. " . - ) . . 18 Preview TO: FROM: DATE: RE: Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM The Honorable Mayor and City Commission Jane A. Hines, CMC, City Clerk 3/15/2012 Summary Minutes for the February 16,2012 City Commission Meeting --. I I RECOMMENDATION: Attached for your consideration are the Summary Minutes for the February 16, 2012 Regular City Commission Meeting. REASONS: N/A . ATTACHMENTS: Summary Minutes http://sibagenda.sibfl.net/agenda/Preview .aspx?I temID=7 4 5&MeetingID=0&MeetingDate=... 3/9/2012