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HomeMy WebLinkAbout2012-0510 Regular City Commission MeetingSUMMARY MINUTES Regular City Commission Meeting Thursday, May 10, 2012, 6:30 p.m. City of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 6:30 p.m. with the following officials present: Mayor Norman S. Edelcup City Manager Alan J. Cohen Vice Mayor Lewis J. Thaler Deputy City Attorney Fernando Amuchdstegui Commissioner Isaac Aelion Asst City Manager /Finance Minal Shah Commissioner Jeanette Gatto City Clerk Jane A. Hines, CMC Commissioner George "Bud" Scholl 2. PLEDGE OF ALLEGIANCE / INVOCATION Action: Gil Dezer led the Pledge of Allegiance to the flag, and City Historian Richard C. Schulman gave the invocation. Mayor Edelcup gave opening remarks of decorum. City Attorney Hans Ottinot is out of town. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting —April 19, 2012. Action: Vice Mayor Thaler 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. ORDER OF BUSINESS ( Additions /Deletions /Amendments) 4A. Request to Hear Items: Revisions: Item 10C. Acoustic Engineering Services for Skate Park; Item 10D. Design & Permit Services for Intracoastal Parks; Add -On: Item 10L. Request by Mansions at Acqualina of Mural for Construction Fence; Item 10M. Approval of TDRs for Porsche Project; Item 12A. Discussion re: Mural for Construction Fence for Mansions at Acqualina; Item 12B. Discussion re: Mural for Construction Fence at Gateway Park. Action: Mayor Edelcup noted the above changes to the agenda. Commissioner Aelion moved and Commissioner Scholl seconded a motion to approve the above changes to the agenda. The motion was approved by a voice vote of 5 -0 in favor. Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida 5. SPECIAL PRESENTATIONS 5A. Introduction of the Winners of the Sunny Isles Beach College Scholarship Program of 2012; and Presentation to First Generation Scholarship Winners. Action: Mayor Edelcup said that the Commission established a College Scholarship Program for high school students from the City of Sunny Isles Beach as part of a drug prevention and safe neighborhood program. This Program awards deserving students monies towards their college tuition and is funded through the interest from forfeiture funds. Mayor Edelcup introduced the recipients of the College Scholarship Program: Mark Fridman, David Schiumerini, Stephanie Bensadoun, Skylar Henry, Laura Mayor and Kelsey Roman of Sunny Isles Beach, and Samantha Iglesias of Golden Beach. Sveatoslav Gleanco also won an award from the Kiwanis Club of Sunny Isles Beach. Mayor Edelcup said the students who were awarded the First Generation Scholarships are residents of Sunny Isles Beach and attend Florida International University (FIU) and the City partnered this year with FIU to give them scholarships. He introduced Jan L. Solomon, Director of Development of FIU, who thanked the Commission and said this is the first year of giving these First General Scholarships to Sunny Isles Beach residents attending FIU and are first generation in their family to go to college to get a college degree, and so it means a lot to the students. She also thanked Vice Mayor Thaler and the Norman S. Edelcup Sunny Isles Beach K -8 for their participation in making these scholarships available. She introduced the following students and their families who came up to accept a $1,000.00 Scholarship Certificate from Mayor Edelcup and the Commission: Michael Vasconez, Natalia Orrego, Zahra Arbabi Aski, Yulia Sibley, and Ashley Abed. She also announced the following winners who were not here tonight: Stephen Azulis, Katherine Sanchez, Shir Yaakov, Michael Larrance, Claudia Sanabria, and Steven Azulis. All of these students demonstrated excellence both academically and in community services. 5B. A Proclamation Declaring the Month of May 2012, as "Civility Month" in the City of Sunny Isles Beach. Action: Mayor Edelcup read the Proclamation into the record, and noted that City Clerk Hines will mail it to the City, County and Local Government Law Section of the Florida Bar. 5C. A Proclamation Declaring May 25, 2012, as "National Missing Children's Day" in the City of Sunny Isles Beach. Action: Mayor Edelcup read the Proclamation into the record, and noted that City Clerk Hines will mail it to the National Center for Missing & Exploited Children. Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida 6. ZONING: ZONING HEARINGS ARE QUASI - JUDICIAL PUBLIC HEARINGS. 6A. Request of Porsche Design Tower Miami for Property Located at 18555 Collins Avenue, for the Following: (Hearing #Z2012 -06) The Applicant is requesting a modification of the approved site plan to increase the size of condominium units by purchasing additional development rights under the City Code. All other aspects of the approved site plan will remain the same. 1. Pursuant to Section 265 -18(I) of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting the following modifications to an approved site plan pursuant to Resolution No. 11 -Z -123; a) Pursuant to Section 265- 35(D)(9) of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting approval to increase Floor Area Ratio from 500,039 square feet to 543,887 545,260 square feet. 2. Pursuant to Section 265 -23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting to transfer 15,000 square feet of development rights and seven (7) units as part of the modified site plan. An adjustment to be made for a decrease of 15,000 square feet and seven (7) units from the City's Transfer of Development Rights Bank or TDR bank accounts designated for private owners. Protests 0 Waivers 0 Ex Parte 0 Action: [City Clerk's Note: The Applicant reduced the amount of square feet requested, from 545,260 to 543, 887. ] Mayor Edelcup gave opening remarks on zoning procedures /decorum. City Clerk Hines read a disclaimer for the Zoning hearing, and administered the oath to witnesses. City Planner Claudia Hasbun reported that the applicant Gilco Realty LC is requesting a modification of the approved site plan to increase FAR from 500,039 sq. ft. to 543,887 sq. ft., and that the City has no objections as the request is consistent with the Land Development Regulations and with the Comprehensive Plan. Public Speakers: Warren Stamm, Esq.; Charles Sieger; Gil Dezer Warren Stamm, Esq. representing Gilco Realty LC and 18555 Developers LLC, said their request is two -fold; 1) an increase in the FAR from 500,039 to 543,887 545,260 square feet which is consistent with the City's LDRs; and, 2) a transfer of 15,000 square feet development rights and seven (7) additional units on an as- needed basis. They are not seeking to modify the existing footprint of the building, this request is for interior modifications if needed. Charles Sieger, Architect, said they concur with staff. The overwhelming demand for certain unit types in the building obviated the two -story units that had two -story living rooms, and so when they changed unit types within the building, it added square footage. They went from two stories with volume to flats, and the living rooms increased the area. The rest of the project is the same. Mayor Edelcup clarified that the envelope of the building did not change, what happened was that the two -story living rooms have now been divided into two separate rooms thus increasing the amount of FAR required, and nothing else has changed. 3 Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida Gil Dezer said everything is the same, they have been sitting down with prospective buyers who have been telling them that people do not want two -story apartments. Since they have not started construction yet, they have the ability to change it, and so they are coming back to the City to buy extra square footage to fill in that double height volume. They kept about 26 of these two -story apartments but had almost 50% of the building like that and so they shifted it down to 20% of the building. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion for approval, subject to staff conditions. Resolution No. 12 -Z -129 was adopted by a roll call vote of 5 -0 in favor. Vote: Commissioner Aelion yes Commissioner Gatto�es Commissioner Scholl yes Vice Mayor Thaleres Mayor Edelcup�es [City Clerk's Note: Mayor Edelcup asked Elena Baronoff to give an update on the Sister City Program. See action under Item IOA. The Commission then heard Item IOM.] 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 22 of the Code of Ordinances of the City of Sunny Isles Beach Entitled "Departments "; Providing for the Renaming and Integration of Certain City Departments; Providing for Severability; Providing for Repealer; Providing for Inclusion in the Code; Providing for an Effective Date. Action: [City Clerk's Note: Heard after Item IOM.] City Clerk Hines read the title, and City Manager Cohen reported that this is a housekeeping item. Departments are officially named in the City Code, and the last time the Commission named departments was in 2006. Since that time a number of departments have merged and /or eliminated. This reflects that in part, also changing some language ie. Department of Finance instead of Finance Department. Public Speakers: None Commissioner Aelion noted that the City Manager was going to provide a more detailed line up of the Community Development Department and Cultural and Community Services, and City Manager Cohen said the Commission received an updated Organization Chart which shows each Department with divisions, and what each Department does. Commissioner Aelion said the only concern was the gray area that might fall between the two Departments. Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 5 -0 in favor. Second reading /public hearing will be held on June 21, 2012 at 6:30 p.m. Vote: Commissioner Aelion Yes Commissioner Gatto yes. Commissioner Scholl yes 4 Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida Vice Mayor Thaler yes Mayor Edelcup yes 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 265 "Zoning" Section 265 -37 "Town Center Zoning District" to Clarify that Commercial Jet Skis and Personal Watercraft Launching Facilities are Conditional Uses Within the Town Center Zoning District; Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date and Applicability. Action: City Clerk Hines read the title, and Deputy City Attorney Amuchastegui reported the purpose of this Ordinance is to clarify the commercial jet skies launching facilities is a conditional use within the Town Center Zoning District. City Staff believes commercial jet skis and personal watercraft launching facilities in this District may be disruptive not only to the neighboring residential areas but also to the environmentally surrounding areas. As such they should be considered carefully as a conditional use requiring City Commission approval. Public Speakers: None Vice Mayor Thaler moved and Commissioner Scholl 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, June 21, 2012, at 6:30 p.m. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup Xes 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) Sitting in as the Local Planning Agency and the City Commission to Consider the Following Ordinance Amending the Land Development Regulations (LDRs): 9A.1 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 Section 265 -25 of the Land Development Regulations to Require a Nonrefundable Deposit of Ten Percent (10 %) for the Purchase of Bonus Units Within Certain Zoning Districts, Attached as Exhibit "A "; Providing for an Effective Date. Action: [City Clerk's Note: Items 9A.1 and 9A.2 were heard together.] City Clerk Hines read the title. Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. LPA Resolution No. 2012 -70 was adopted by a voice vote of 5 -0 in favor. 5 Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida 9A.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265 -25 of the Land Development Regulations to Require a Nonrefundable Deposit of Ten Percent (10 %) for the Purchase of Bonus Units Within Certain Zoning Districts; Providing for Zoning in Progress; Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date and Applicability. (First Reading 04/19/12) Action: City Clerk Hines read the title, and Deputy City Attorney Amuchastegui reported. Public Speakers: None Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to adopt the ordinance. Ordinance No. 2012 -385 was adopted by a roll call vote of 5 -0 in favor. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 9B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 62 of the City Code to Increase the City Manager's General Expenditure Authority to Enter into Purchases of, or Contracts for, Materials, Supplies, Equipment, Improvements or Services for Purchases Up to $25,000.00; Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date and Applicability. (First Reading 04/19/12) Action: City Clerk Hines read the title. Public Speakers: None Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to adopt the ordinance. Ordinance No. 2012 -386 was adopted by a roll call vote of 5 -0 in favor. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 10. RESOLUTIONS 10A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Establishment of a Sister City Relationship with the City of Taormina, Italy; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: Assistant Cultural and Human Services Director Sylvia Flores reported. Public Speakers: None Mayor Edelcup introduced Elena Baronoff, our International Ambassador, and asked her 6 Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida to give an update on the Sister City Program. Ms. Baronoff thanked the Commission for their help with the Sister City Program. We had a great response from the Italians of Sicily, the Delegation of four people who came to Sunny Isles Beach including the Vice Mayor and two Commissioners. The City agreed on becoming twin cities, and a delegation from the City will go to Sicily in August for a formal signing, and then they will come next year for a formal signing here in Sunny Isles Beach. The other City is Trouville de Sur, France, they had not responded to her as they just finished with an election. They will try to visit here before September. Mayor Edelcup thanked Ms. Baronoff for bringing our proposed Sister City to us and for all the work that she and the Dezer organization did, and for the other developers that helped make last week a very memorable week for the people that were here from Sicily. He said they were very pleased with our City and a lot of that is due to your good selling efforts. Ms. Baronoff gave Mayor Edelcup a few newspapers from Sicily. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012 -1902 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, Approving the Award of RFP No. 12 -03 -02 to and Entering into an Agreement with Shorty's Bar -B -Q for Catering Services for the City's Annual Anniversary Celebration, in an Amount Not to Exceed $35,138.25, Attached Hereto as Exhibit "A "; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant Cultural and Human Services Director Sylvia Flores reported noting that it is the same caterer that we used last year. Public Speakers: None Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2012 -1903 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, Approving the Award of RFQ No. 12 -04 -03 to and Authorizing the City Manager to Enter into an Agreement with Stanley Consultants, Inc., Provided that the Agreement is Reviewed by the City Attorney for Form and Legal Sufficiency, to Provide Acoustic Engineering Consulting Services for Town Center Skate Park, in an Amount Not to Exceed $50,000.00; Authorizing the City Manager and the City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: A revised Resolution and Cover Memo were distributed prior to the meeting.] City Clerk Hines read the title, and City Manager Cohen reported that this is a budgeted item in the Capital Improvement Program. He noted he had handed out an assessment prepared by our new City Engineer Helen Gray of the two firms that submitted responses to the RFQ. Public Speakers: None Commissioner Aelion said that studies have been performed on the matter by the City at an expense, and he would ask that the City Manager incorporate within the $50,000 the Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida already known data and reports from the previous engineer that was hired for the same purpose. City Manager Cohen said that we will be providing the consultant with all the work to date. Mayor Edelcup asked if that consultant could also comment on the first consultant's report, if he agrees or disagrees, and City Manager Cohen said that would add to the scope of the project but perhaps we can get them to comment on it, and he is sure they will want to collect their own field data for verification purposes. Mayor Edelcup said if there should be any different conclusions, that they would explain why that conclusion is different from the conclusion previously reached so that we can all understand the thought process. Vice Mayor Thaler said we all understand that we don't want to go over the $50,000. Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2012 -1904 was adopted by a voice vote of 5 -0 in favor. 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Award of RFQ No. 12 -04 -04 to and Entering into an Agreement with Calvin, Giordano and Associates, Inc. to Provide Design and Permitting Services for Intracoastal Parks, in an Amount Not to Exceed $67,318.13, in Substantially the Same Form as Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager and the City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: A revised Resolution and Cover Memo were distributed prior to the meeting.] City Clerk Hines read the title, and City Manager Cohen reported that this is also part of the Capital Improvement Program for this year. We do not have a report from our City Engineer on this project because she was conflicted out as she had done work with one of the six firms that submitted for the project. A Committee looked at this comprised of the City Manager, Public Works Director Wade Sanders, and Procurement Officer Marcanthony Tulloch, and the unanimous opinion of the Committee was that Calvin, Giordano and Associates (CGA) provided by far the most comprehensive response and we have since met with them. This does not include redesigning, they are very aware of the work we have done, their price was reduced in part because of some of the very specific work that staff has done to date on this. CGA will be doing drawings to verify for the Commission that the direction they are going in is in fact correct including infrastructure such as water fountains, conduits for electric, etc. The lion's share of what CGA is doing is preparing construction documents and then guiding us through the construction phase of this project. Public Speakers: None Mayor Edelcup said before you go too far with CGA he would hope you would come back to the Commission to make sure that nothing gets into their report that is greater than what we already determined how we want that park. It is very important that we get off on the right foot with CGA even if they have to meet with each of the five Commissioners. What we want is a very simple park with no elaborate trimmings. City Manager Cohen said that was made very clear to staff during the Agenda Workshop, and when we met with CGA we made that point crystal clear with them. 8 Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida Vice Mayor Thaler said this amount is excessive, $67,000 on top of everything that we have done, we have already put a part of that complex out, and we used our own staff. Now we are going to spend $67,000 for something that our staff already did part of. He just received the whole breakdown tonight and he did not have the chance to go through it, but he was not thinking at all of coming in with even close to $67,000 on this program. He thinks we should go back and look at it and see if there is an excessive amount of items in here that we can do in -house rather than go outside. City Manager Cohen said his points are well taken which is why when they met in negotiations with CGA yesterday a number of items were taken out that we felt we could do in- house. The City Manager clarified that the lion's share of the work being performed is engineering for the preparation of construction documents and all the specifications that go into it, that we feel we need to farm out. Our staff did a very good job of preparing the initial renderings to give a conceptual idea of the park, but in order for us to let this project out for actual construction, we do need these engineering drawings. Vice Mayor Thaler said he thought we did the first part ourselves, and Commissioner Scholl said we just planted grass. Mayor Edelcup said we did more, we had a dock that was previously the Castaway Boat Docks that had to be knocked down and the ground had to be filled in. He noted that we are talking about the Oceania Park, which was done by our own staff without any outside engineering firm or outside consultants. All we said to our Public Works people was to build us a park, fill in what used to be a dock area and put some grass there, get the wall built which again our people were partly responsible for doing, and we did it all in -house without any outside consultants doing anything. Mayor Edelcup further said this was nothing more than a few more pieces very similar to that, and probably somewhat easier because in this particular case we are not worrying about covering up boat docks. He said he agrees with Vice Mayor Thaler but to get this project done he is willing to live with spending the money but he feels it is needless. Commissioner Aelion said he doesn't know the urgency of the execution of this but if a month is not something that would be too prohibitive, then it would not be a bad idea, and maybe the Vice Mayor, CGA, and the City Manager can have a sit down and we can table this for the next meeting. Commissioner Aelion said that the City Manager was very specific on the price and so he must have done due diligence as to the cap. However, in order to eliminate any doubt in the minds of the Commission, Commissioner Aelion thinks it is a good idea to go through the numbers. City Manager Cohen said regarding any sense of urgency, the staff has our urgency simply predicated on policy that was presented to us. He said it is up to this Commission to say whether or not you want to delay the project. He said to please keep in mind if you do bring the project in later that we are held accountable for the later deadline. Mayor Edelcup said he was thinking that we could have accelerated this project by having Public Works do it, and City Manager Cohen said we did not have in -house capability to do the project. Mayor Edelcup said we still have the same people that we had before, and City Manager Cohen disagreed. Amy Cooke, Director of Landscape /Architecture at CGA, said this project involves Electrical Engineering for some lighting, Structural Engineering for the wall and fencing, and for the permitting Environmental Services as well as Landscape Architecture and Civil Engineering work. City Manager Cohen said there is also approximately 2,500 feet Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida of seawall that we want to inspect before we invest more to make sure it is sound and then make any necessary repairs. There is also some significant structural work with the type of wall /fencing that we discussed at the last Commission meeting. Commissioner Aelion said you may very well come back to us with this point that the seawall needs to be addressed, or you may come back to us and say it is a new added figure, a new added cost, etc. He further said we should have a feel of what is more or less required to finalize the ceiling. City Manager Cohen said the only way to do that is to authorize a separate contract for the seawall inspection, and that we could move forward with that if the Commission so chooses. Commissioner Scholl said he just wants to get it done, he doesn't want to come back next month and then find out that we are going to do it anyway and then we wasted a month. Mayor Edelcup said that our in- house staff could have done this entire project and we could control the destiny of that project with our own people. He doesn't like the approach we used to get there, when our own people are capable of doing this job. He said we have had Ari Steiger who is here in the audience, planting the grass on those sites and he doesn't seem to have had any problems in getting the ground level, getting the grass in, and that the seawall hasn't fallen in while he has been doing it. The Mayor said that procedurally we are making a lot of work where work wasn't needed. Commissioner Aelion said the seawall can be very cost prohibitive and cited the example at Winston Towers, where they are in the process of evaluating this by an engineering purveyor and they have about 300 linear feet of seawall. Here, you are looking at over a million dollars to address this issue, and so it could become very cost prohibitive. However, this is a park not a building and so he doesn't think the seawall should be a concern. Vice Mayor Thaler said he would make a motion to table it and to look at it so we have a chance to understand what we are spending $67,000 on. Commissioner Scholl said it is $20,000 on a landscape architect, and the rest is surveying and engineering. Vice Mayor Thaler said that we may decide during the month that we don't need a landscape architect. Commissioner Scholl said to put it into context, we have spent over $14 million dollars on the land collectively. He said that he hates to delay things when they are going to come back and say that for the permitting process, because they are going to put in a trail, build a wall along the seawall, etc. Commissioner Scholl said he assumes that all of that has to be engineered, and he is guessing that is what is in these fees. Commissioner Scholl said our engineer was conflicted out, and Mayor Edelcup asked how the engineer can be conflicted out on our own project. City Manager Cohen clarified that our engineer was conflicted out on the selection of CGA, they can work on the project, but the work that our staff did was mostly the construction work. Mayor Edelcup said we agreed when we decided to go with increasing the staff that they would take on these major projects, otherwise why should we hire a City Engineer? City Manager Cohen responded that the Engineer that we hired might be able to do a good amount of this work but if you have an Engineer in -house take on a project of this magnitude, then that is going to slow up the rest of the Capital Improvement Program. The Trojects he is working on and transitioning over to our new Engineer include the 183' Street Project, 174t1i Street Project, and the Bella Vista Bay Park Project. Mayor Edelcup replied they are not priority items as we still do not have permits for 183rd Street, 10 Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida and regarding the 174th Street project we are still arguing about getting easements. Mayor Edelcup inquired what our Engineer is doing while she is waiting for some of these other things to get done. Mayor Edelcup said if staff would have been more open in discussing with the Commission the capabilities of our own people that we could have gotten this done in- house, and a lot of the money that we are spending for these particular engineers, is work that can be done by our own people. He said we don't need a landscaping engineer to tell us what kind of trees we are going to plant when we know we are putting Medjool Palms up and down the whole front of it, and we know we are going to put in Royal Poinsettias. Again, we are not accomplishing the goal that he thought we were accomplishing when we added on additional staff to get work done by our own people and not relying on outside sources. Commissioner Scholl said either we direct staff to do it in -house or we vote on this. Mayor Edelcup said if we hire an engineering firm to come up with what they are coming up with then who is actually going to perform the work afterwards? Are we going to hire another outside firm or are we going to use our own staff? Additionally, we have not been told at this point how that is going to work, and we don't have enough information. Vice Mayor Thaler said we should defer. Mayor Edelcup said if we have a chance to do a workshop maybe we can convince staff that this can be done in- house. It is a good test project for our people to show what they can do. It is not a complicated project but it will be a very beautiful project when it is done, and something that they can look at with pride. City Manager Cohen said that staff welcomes the opportunity to have that conversation but just to be clear, our organization capacity is still limited. We hired a Civil Engineer, however she is not an electrical engineer, nor is she a landscape architect, and so there are disciplines that she does not have expertise in. Again, we can bring work in -house but that will take time away from other projects, and we can have a more focused project and what those specific projects are when we sit and have that meeting. Mayor Edelcup said we can do it in a workshop, but here it is loud and clear that a number of us would like to see this done in- house, not with outside people, now that we have the inside people hired. Otherwise he would be on the same side as Commissioner Scholl. We have no need to hire these people if we are not going to use them for these projects, and so Mayor Edelcup entertained a motion to defer. He would like representatives from Public Works and Engineering to be at the Workshop to find out if they will sign on to certain parts of this project, and then we will know what can be done in -house and what we have to contract out. We can schedule a Workshop and whether it is the Agenda Review Workshop, we need to do it before we are sitting here formally again. Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to defer this item to June 21, 2012. The motion was approved 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 Chief of Police, in Accordance with Section 932.7055, F.S. to Expend $28,252.00 from the Law Enforcement Trust Fund (L.E.T.F.) Forfeiture Fund, for Purchase of Task Force Computer Tablets, Community Policing Items, and the 2013 Sunny Isles Beach College Scholarship Program; Providing for an Effective Date. 11 Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida Action: City Clerk Hines read the title, and Police Captain Michael Grandinetti reported. Public Speakers: None Commissioner Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2012 -1905 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 First Amendment to Agreement with Action Labor Management d /b /a Staffing Connection for School Crossing Guard Services, in an Amount Not to Exceed $112,914.00, Attached Hereto as Exhibit "A "; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Police Captain Michael Grandinetti reported noting that this is a renewal for the same amount of money. Commissioner Aelion said the Police Department is doing a phenomenal job together with the Crossing Guards. Public Speakers: None Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2012 -1906 was adopted by a voice vote of 5 -0 in favor. 10G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the First Amendment to Agreement with A & A Drainage & Vac Services, Inc. for Storm Water Catch Basin Cleaning & Line Jetting Services, in an Amount Not to Exceed $58,260.00 $49,260.00, Attached Hereto as Exhibit "A "; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Public Works Director Wade Sanders reported noting that we are one of several municipalities operating under the National Pollution and Discharge Elimination System. This is a renewal, we have 539 stormwater catch basins in the City and last year we only serviced 448 which gives us an additional 91 that we will service under this contract. Also we are asking for a video of 200 linear feet of storm drain line in order to see what damages we have in the piping. City Manager Cohen said in the last couple of days, he and the City Engineer have been riding around the City and looking at how our catch basins are performing, and have identified a couple dozen areas that we would like to further investigate to see whether or not we have any problems with the pipes underground, and so they will like to add another 2,400 feet to this amount of which is an additional $9,000 for a total revised amount of $58,260. Public Speakers: None Commissioner Aelion said the efficiency is relative to the actual slope, and so he thinks that particular side of the inspection should be looked at, and he asked if the pipes are PVC or cement pipes. City Manager Cohen said some are cement and some are corrugated, and the corrugated ones are not holding up very well. We saw an example of that in front of the Arlen House where the pipe actually collapsed which caused a sinkhole to develop in the roadway. He further said we want to see what condition they 12 Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida are in and whether or not there have been any collapses that we are not aware of that would lead to further stoppages. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution, as amended. Resolution No. 2012 -1907 was adopted by a voice vote of 5- 0 in favor. 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the First Amendment to Agreement with Unique Charters for Transportation Services -Motor Coach Rental, in a Total Amount Not to Exceed $50,000.00, Attached Hereto as Exhibit "A "; with American Coach Line of Miami as the Alternate; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant Cultural and Human Services Director Sylvia Flores reported. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012 -1908 was adopted by a voice vote of 5 -0 in favor. 10I. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Assignment of Transfer of Development Rights ( "TDRs ") for 127,737 Square Feet and 50 Corresponding Residential Units from Sunny Isles Property Holdings, LLC ( "SIPH ") to Sunny Isles Beach Associates, LLC ( "SIBA "); 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 Deputy City Attorney Amuchastegui reported noting that both parties have agreed to waive any claims against the City arising from the transfer, and as a point of clarification, the assigned TDRs were part of the Paramount Zoning approval. Public Speakers: None Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2012 -1909 was adopted by a voice vote of 5 -0 in favor. 10J. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement between the City and La Perla Condominium Association, Inc. for Temporary Use of Their Property Located at 16699 Collins Avenue, to Facilitate Construction of the Newport Pier, in Substantially the Same Form as Attached Hereto as Exhibit "A "; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager and the City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Cohen reported that this is an 13 Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida agreement worked out with several representatives from LaPerla Condominium to use a piece of their private property to facilitate the reconstruction of the Newport Fishing Pier. This agreement is what they have tentatively arrived at and are asking the Commission to move forward with. He noted that the rest of the Board was not entirely pleased with this agreement and had decided to retain counsel. We anticipate meeting with them next week to discuss other issues that they have regarding Pier Park, we may have to tweak this agreement. If there are substantial changes then we will hold off on this and bring you a new agreement next month. Public Speakers: None Mayor Edelcup said if we get bogged down then he thinks we ought to look at other legal approaches to getting the work accomplished. Commissioner Scholl said he met with them along with the City Manager and he felt they were being pretty reasonable because we are not asking for a lot but this is the latest wrinkle. He said that he will stay involved because traditionally we have been able to work out with them a number of amicable things over the years. Mayor Edelcup said he will turn over the list of questions to him that he received today, and it sounds more like an adversarial role than a cooperative role. He doesn't want the Pier project to be held back and there may be other legal approaches to get this resolved. Vice Mayor Thaler asked what has changed and why do we need to use their property, and Commissioner Scholl said for a staging area for certain pile placement that is one foot and nine inches from the edge of their property. Mayor Edelcup said that they are still trying to get those 29 parking spaces in Pier Park eliminated. City Manager Cohen said that some of the representatives of LaPerla want to work with the City, and they do not want to hold this project up. There is a difference of opinion in the body and we hope to work with them to come up with an amicable solution. Commissioner Aelion said it is all about property value and so it is definitely advantageous for them to approach the issue with the possible elimination of the parking, and Mayor Edelcup said we will never do that and that item can never be put on the table. Commissioner Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2012 -1910 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, Approving the First Amendment to Agreement with Beiswenger, Hoch and Associates, Inc. (BH &A), to Provide Post Design Services for the Sunny Isles Beach /Newport Fishing Pier, in an Amount Not to Exceed $11,337.50, Attached Hereto as Exhibit "A "; Authorizing the Payment of $10,000.00 as the City's Contribution for Revision to Plans for Restaurant Area; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Cohen reported that there are two components to this request. We have an agreement with BHA that we are asking for an increase to it. There is also a separate contract between BHA and Dr. Cornfeld which we had discussed and agreed to cover 25% of the cost of that contract. The Dr. Cornfeld contract is driven primarily, but not exclusively, by changes that Dr. Cornfeld requested 14 Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida for the interior structure, and we piggybacked on that and asked for additional changes. The $11,337.50 is primarily being driven by changes imposed upon us by permitting agencies. Public Speakers: None Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2012 -1911 was adopted by a voice vote of 5 -0 in favor. IOL. Add -On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Request Submitted by LPLA Partners, LP., Commonly known as The Mansions at Acqualina, to Install a Mural on the Construction Fence Located at 17749 Collins Avenue; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Distributed prior to meeting. See additional action under Item 4A.] City Clerk Hines read the title, and City Planner Claudia Hasbun reported. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012 -1912 was adopted by a voice vote of 5 -0 in favor. 10M. Add -On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Transfer of Development Rights on a Contingency Basis (TDRs) in the Amount of 15,000 Square Feet of Floor Area and Seven (7) Units to Gilco Realty, L.C. A/K/A 18555 Developers, LLC for the Property Located at 18555 Collins Avenue from the City's TDR Bank Account; Directing the Zoning Administrator or Designee to Transfer the TDRs from the City's Bank Account in Accordance with Zoning Resolution No. 12 -Z -129; Authorizing the Adjustment and Modification of the City's TDR Bank; Providing for Waiver of Initial Deposit and Nullification; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Distributed prior to meeting. Heard after related Item 6A.] City Clerk Hines read the title, and City Planner Claudia Hasbun reported. Public Speakers: Gil Dezer Gil Dezer said this extra 15,000 square feet would fill up the other 26 holes that we have in duplex ceilings if they need to go that route. They may not use it, but if they do they have already set a price, they have already set terms, and are ready to roll with the City if they go ahead and decide to change the building to all one -floor apartments. Commissioner Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2012 -1913 was adopted by a voice vote of 5 -0 in favor. [City Clerk's Note: Item 7A was heard after this item, and the remainder of the agenda was heard in order.] X Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida 11. MOTIONS None 12. DISCUSSION ITEMS 12A. Add -On: Discussion of Mural to be Installed on the Construction Fence at Chateau Beach, 17475 Collins Avenue. Action: [City Clerk's Note: Distributed prior to meeting. See Item 4A for additional action.] City Manager Cohen reported noting that this item and the following Item 12B were discussed at the Workshop on May 9, 2012. According to the City Attorney, we already gave conceptual approval during the Site Plan, and he just wanted the Commission to see the aesthetics of it. 12B. Add -On: Discussion of Mural to be Installed on the Construction Fence at Gateway Park. Action: [City Clerk's Note: Distributed prior to meeting. See Item 4A for additional action.] City Manager Cohen said he wanted the Commission to see this and to get some feedback which they did at the Workshop regarding the text component of it and they will be making updates including adding Vice Mayor Thaler's initial of "J ", as well as alphabetizing the names, adding the City Seal, and adding language for a granting agency that contributed to the purchase of one of the parcels. 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 13A. Roberto Ortiz, Atlantic Isles Civic Association President, said he has a two -year old daughter and he sees a lot of kids playing in the streets, and the rainy season is here, and he doesn't know if the City has anything for mosquito control but the mosquitoes are brutal at this time. Mayor Edelcup said years ago the County used to come by and he hasn't seen that mosquito abatement has been a problem for years and so he hasn't seen the County out there. Commissioner Scholl asked if it was mosquitoes or no- seeums and Mr. Ortiz said both. Commissioner Scholl said we get no- seeums at dusk and during the day that come out of the Park which we can't do much about. Mayor Edelcup said maybe we can ask Public Works Director Wade Sanders to look into it and see if they can come up with a possible solution. 13B. Keith and Fang Oliver: Keith Oliver said as a property owner here, he thanked the Commission for a great job as to the direction that the City is going in. He said on behalf of the Taiwanese Chamber of Commerce, they would like to offer a 5' x 8' flag that was flown over the U.S. Capitol through the office of Congresswoman Debbie Wasserman Schultz to represent the Taiwanese Chamber of Commerce. Being that this is "Asian Pacific American Heritage Month" they brought it up now to offer the flag to the City for the Intracoastal Parks, as some of the Commissioners have spoken about making a Community Park where different organizations can contribute things to the Parks whether it is a bench, a gazebo, or plants. They would also like to offer the City a row of plants 16 Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida for some of the Parks. He knows that Gateway Park will have Butterfly Host Plants and one of the plants that he and his wife have researched. Being members of the Butterfly World in Coconut Creek, they have spoken to those owners about bringing some of their expertise down here as to certain plants that have beautiful flowers that are drought and salt resistant. One of those is the Passion Flower which is a beautiful vine that would grow on the northern end where you already have a trellis type. It would fill in that trellis and it grows 3" to 5" purple or dark red flowers that would grow year- round. If there is a Workshop, they would like to participate. Mayor Edelcup thanked them and suggested to coordinate it with City Manager Cohen. Mayor Edelcup said if they would like to make a donation of plants that would be fine. He also asked if we can arrange for a flag pole area somewhere in the Intracoastal Park System where we could perhaps place the flag. Mayor Edelcup remarked that since we already have a flag at the Oceania Park, maybe we could put this one at the southern end of the Park. Vice Mayor Thaler said this is the second time they are volunteering, as they are the ones who previously volunteered the butterfly concept and plants. 14. ADJOURNMENT Mayor Edelcup adjourned the meeting at 7:50 p.m. Respectfully submitted by: Jane A. Hines, CAC, City Clerk Approved by the City Commission on June 21, 2012 Nolsman S. Edelcum Ma 17 TO: FROM: DATE: RE: 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 6/21/2012 Summary Minutes for the May 10, 2012 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the May 10, 2012 Regular City Commission Meeting. REASONS: N/A ATTACHMENTS: Summary Minutes Agenda Item No. WnDate 6/21/2012 7