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HomeMy WebLinkAbout2012-0920 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, September 20, 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 Acting City Manager Fred Maas Vice Mayor Lewis J. Thaler City Attorney Hans Ottinot Commissioner Isaac Aelion Asst City Manager/Finance Minal Shah Commissioner Jeanette Gatto City Clerk Jane A. Hines, CMC Commissioner George `Bud" Scholl Deputy City Attorney Fernando Amuchastegui 2. PLEDGE OF ALLEGIANCE/ INVOCATION Action: Acting City Manager Maas noted the 11th Anniversary of those who gave their lives on 9/11, and he led the Pledge of Allegiance to the flag. He, along with Katherine Alexander sang "God Bless America". City Historian Richard C. Schulman gave the invocation, and called for a moment of silence in memory of our Ambassador and the American patriots who lost their lives in Libya serving our nation,and also for Astronaut Neil Ar,Istrong who passed away this month. Mayor Edelcup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting—July 19, 2012. Action: Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the above mentioned Summary Minutes. The motion was approved by a voice vote of 5- 0 in favor. 3B. Special City Commission Meeting—August 21, 2012. Action: Commissioner Gatto moved and Commissioner Vice Mayor Thaler seconded a motion to approve the above mentioned Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. Summary'Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Revised: Item 6B.Amended Letter of Intent;and Item 12A.Revised Open Letter;Deferral: Item 10D.Change Order to Agreement with Shiff Construction;and Item 10R. Agreement with Blue Digital; Add-On Item: Item 10S. Resolution Opposing Amendment 4; and Item 12C. Request for Extension from Sole. [City Clerk's Note: Item 12C moved to IOUJ 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. 5. SPECIAL PRESENTATIONS 5A. Presentation of a Plaque by the American Cancer Society Relay for Life for the "Relay for Life of Sunny Isles Beach.Golden Beach.Aventura" Event with Opening Ceremonies at Heritage Park on Saturday, August 4, 2012. Action: Janey Mayville of the American Cancer Society presented a plaque to the Commission on being the instigating City for "Relay for Life", and for giving their efforts tirelessly as well as financial resources. She also thanked Sandra Block, Administrative Assistant Division Head, Detective Bureau, for giving her maximum amount of energy toward this cause. The Commission thanked her and Mayor Edelcup noted that next year the "Relay for Life" event will be held on April 21, 2013 in Heritage Park. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of 400 Sunny Isles Beach Marina for the Property Located at 400 Sunny Isles Boulevard, for the following: (Hearing #Z2012-11) The Applicant is requesting approval for a site plan for the property located at 400 Sunny Isles Boulevard. The Applicant is proposing a development consisting of two twenty-story towers which contained 230 condominium units. Additionally,the Applicant is proposing an enclosed commercial marina as a component of the project,and requesting approval to utilize 83,490 square feet and 46 units of Transfer Development Rights(TDRs)which are privately owned by the Applicant. This Application was approved previously by the City Commission but the approval had expired. 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting site plan approval for two residential towers which contained a combined 230 units and with a total of 448,939 square feet. 2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting approval to utilize TDRs from the Applicant privately owned TDR Bank in the amount of 83,490 square feet of development rights and 46 dwelling units for the two residential towers. 3. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida Regulations, the Applicant is requesting a variance to permit a pedestal to tower front setback to be 22'-6", where a minimum of 25'-0" is allowed in accordance with Section 265-38 (Summary Chart B) of the Land Development Regulations. 4. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance to permit a pedestal to tower side setback to be 0'-0", where a minimum of 25'-0" is allowed in accordance with Section 265-38 (Summary Chart B) of the Land Development Regulations. 5. Pursuant to Section 265-13 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a conditional use to permit an enclosed commercial marina. 6. 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 a temporary construction fence. Protests 0 Waivers 0 Ex Parte 0 Action: 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 this project was presented to the Commission on October 19, 2006, unanimously approved under Resolution No. 06-Z-104. The present submission is basically the same design with minor modifications to be in compliance with the City's new Code and Fire Department requirements. The City has no objections as the request is consistent with the Land Development Regulations and the Comprehensive Plan. Public Speakers: Lynn M. Dannheisser, Esq.; Kobi Karp, Architect; Marianna Talalaevsky; Rabbi Alexander Kaller Lynn M. Dannheisser, Esq. representing Urbis and Key International, LLLP, owner of the property, described the project named 400 Sunny Isles Beach Marina, noting that it is about the same as the prior project submitted in 2006. At about that same time the real estate market dropped out,the project laid low,but the Applicant was very hopeful that things would turn around and had the staying power to do so. They kept up and renewed their TDRs so they would be able to apply for them once again which is why we are here today. The project is essentially the same except for the fact that the plans have been amended to accommodate updated Fire and Building Codes and the addition of four (4) new townhomes and some balconies. Ms. Dannheisser presented an aerial of the 2.54 acre site. Kobi Karp, Architect, presented a 3-D model and renderings of this unique project and they are looking to continue the bayside promenade east to the water and sewer treatment site. To the west they will connect to the Park and to the future Community Center. Mayor Edelcup asked if the marina is only for the residents or is it going to be commercial?Mr.Karp said it is a full service marina, open to the residents and also to the public to store their boat there. Vice Mayor Thaler said that we have an Ordinance pending on jet skis and motorized vehicles, and he inquired whether this will fit into our new Ordinance. City Attorney Ottinot said that the Applicant has requested conditional use as part of their application. The Ordinance basically states that any type of use of boat storage requires Commission approval, 3 Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida and this is for boat use, no water craft, and no jet skis. If this is approved tonight, the Applicant applied to have the Commission approve as a conditional use as part of this application, and so they are not required to come back to the Commission for additional approval with respect to this marina. If they try to expand their use to have a jet ski facility, they would have to come back to this Commission. This marina is for boat slips and boat storage, no other use is permitted. Commissioner Scholl said then that there are no fuel docks, no service base, they are not going to work on engines there,and it is basically just a dry storage facility and Mr. Karp said that is correct. Commissioner Scholl asked if there will be any boat slips besides the dry storage facility, and Ms. Dannheisser responded there will be 90 storage slips, 36 wet slips, and 7 for dry storage staging. The marina is there now and they are utilizing the current spaces exactly as they are but they are going to enclose that area. Part of what they are trying to do here in compliance with the City's Comprehensive Plan is to activate the street and create pedestrian activity and generate redevelopment. The marina will be visually available to pedestrians to watch the operation of the marina. City Attorney Ottinot said that this Commission has a right to ensure that the marina and boat storage is used for that purpose and it cannot be ajet ski or a watercraft launching facility. He further added you can impose these conditions upon this approval. Vice Mayor Thaler said he thought that is what we had before but all of a sudden, one popped up. Commissioner Aelion asked how close is the north side of the building to the highway, and Mr. Karp said they have a setback from the property line of about 25-30 feet. Commissioner Aelion asked what the noise impact is for the residents living there, and Mr. Karp said when the people come down the concrete and where the metal is on top of the bridge,that is what it is. He said their glazing and glass are for hurricanes which are to meet the new Code. It is very much sound proof for the condominium owners. Mayor Edelcup asked him to discuss the baywalk, and Mr. Karp said the baywalk is specifically a continuation which currently commences all the way under the bridge and to the Park. It goes all the way around to the Park and comes all the way around to the water and sewer treatment area. Mayor Edelcup asked how wide that would be, and Mr. Karp said ten (10) feet with chairs and lights, etc. Ms. Dannheisser said there is access from both sides. Mayor Edelcup said that he just wanted to make sure for the handicapped people that benches are far enough away so there is a clearance in between. City Attorney Ottinot said to Ms. Dannheisser that she needs to inform the Commission that her client made a proffer in terms of a water facility. Ms. Dannheisser said they are located right next to the WASA site, and she knows that the City wants to clean that up,and so does her client. Therefore, they are willing to create, construct and design a landscape façade around the WASA site. They have also offered to demolish the water storage tank and their only concern is whether or not DERM is going to give them some issue relating to permitting. If that is the case they may come back to the Commission. They are going to try to do this within the first year or two, and if necessary they will come back for the Commission's assistance. If for some reason they are not able to accomplish it, they are willing to proffer $150,000 to the City in order for the City to do it. Obviously,it is in their best interest as well to beautify that site. 4 Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida Marianna Talalaevsky asked about the zero setback, and inquired on which side of the property is it located. She indicated it is right next to the Chabad Center and asked how is it going to affect it? Mr. Karp said it is notched in so they can accommodate and create more green space and open vista creating more of an open view to look onto the water. Mr. Karp said they had met with the Chabad. and with City staff. Rabbi Alexander Kaller said they did meet previously but this zero setback is new, and he does not remember discussing it. He wants to know how it would relate to his fixture community center, and there is a concern that they will overpower them. Mr. Karp said the pedestal meets the setback, and what they did was to increase the setback. By doing so, this increased the setback off the pedestal and came closer to the tower. By increasing the pedestal, it created a greater vista. City Attorney Ottinot asked the City Clerk to read the title of the TDRs Resolution into the record. [City Clerk's Note: The TDRs Resolution was moved to Item 10T.] Commissioner Scholl moved and Commissioner Aelion seconded a motion for approval, subject to staff conditions. Resolution No. 12-Z-130 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 6B. Request of Sunny Isles Beach Jewish Community Center for the Property Located at 488 Sunny Isles Boulevard, for the following: (Hearing #Z2012-13) The Applicant is requesting approval for a site plan for the property located at 488 Sunny Isles Boulevard. The Applicant is proposing a Community Center consisting of a five story multi-use building. The community center consists of a main worship area,a Montessori pre- school, a social hall, and a private restaurant. 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting site plan approval for a multi-use community center which contained a total of 42,499 square feet. 2. Pursuant to Section 265-15 of the City of Sunny Isles Beach Land Development Regulations,the Applicant is requesting a parking variance or a shared parking agreement pursuant to Section 265-46 of the City of Sunny Isles Beach Land Development Regulations. Protests 0 Waivers 0 Ex Parte 5 Action:[City Clerk's Note:An amended Letter of Intent was distributed prior to the meeting. Correspondence to the City Attorney from Steven J. Schaffer, Esq. re:Mazacco Irrevocable Florida Trust Property was handed out at the meeting.] 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. The following Ex Parte communications 5 Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida were disclosed: Mayor Edelcup, Vice Mayor Thaler, Commissioner Aelion, and Commissioner Gatto said that they individually spoke with Rabbi Alexander Kaller. Commissioner Scholl said he had Ex Parte communication with Rabbi Alexander Kaller and Neisen Kasdin, Esq. City Planner Claudia Hasbun reported noting that the Applicant is also requesting a parking variance of 55 parking spaces and a parking agreement of 26 off-site parking spaces which may be approved through Ordinance 9334 that allows for public parking bonuses which consists of a monetary contribution. The Applicant has submitted two designs: option 1 proposes to improve a portion of Bella Vista Bay Park with landscaped terraces and access stairs to the project, and option 2 does not include the use of Bella Vista Bay Park. Staff finds that the parking variance may justify to the nature of the uses with the project providing the Applicant enters into a parking agreement. However, staff considers that the baywalk easement area should be clear of any physical impediments. Therefore, City staff has no objections to the Applicant's request and the Applicant is generally consistent with the Land Development Regulations and the Comprehensive Plan. Public Speakers: Neisen O. Kasdin. Esq.; Rabbi Alexander Kaller;Jamie Shapiro,Architect; Julius Littman; Marianna Talalaevsky; Leib Kamishew; Sabena Beriy Neisen O. Kasdin,Esq.representing Chabad Lubavitch Russian Center of South Florida,Inc. reported and noted that Architect Jamie Shapiro will present the site plan. He said this is a unique use in the community located in the Town Center but this is truly a community facility. It will serve a large portion of the population of Sunny Isles Beach, most of the congregants reside in Sunny Isles Beach, and it is also a unique facility. It will have a place for worship as well as a Montessori style school,and a social hall for functions. It will serve as a community center for the congregants of this facility. It is also being built at a height much less than is allowed, it covers much less of the property than is permitted, and the overall building size is much less than permitted and is a facility with very low impact. Mr. Kasdin said this facility is only used on a limited basis, in that respect, the times of worship are on the Sabbath, Friday evening, Saturday morning and afternoon. There are functions perhaps on Saturday evening but during the rest of the week the facility will be relatively unused except for school and school activities. As a result,this is the genesis of the request for a parking variance, because while a religious facility is allowed, for a facility of this type the parking requirement of 98 spaces is far in excess of what an Orthodox Jewish Synagogue requires. There would only be one day out of the week with heavy use but even in that respect you will see that 60%of the congregants,because they are Orthodox,walk instead of using their cars. As a result, there is a much less need for parking then in a typical facility and as a result the imposition of the full parking requirement is a burden on this property. Although the initial hardship letter indicated that 26 spaces would be purchased from the City, it imposes a financial burden on this not-for-profit religious institution and as a result we are seeking a variance request for the full 76 spaces, 22 will be provided on site. Rabbi Alexander Kaller said ten (10) years ago he and his wife came to this City and started working with this community out of their living room in Poinciana Island. Over the last ten (10)years they have grown to over 700 people attending services on the High Holidays,and for that they go to a hotel. They also opened a Montessori Pre-School in a different location 6 Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida but would like to bring it to this facility. Over the last nine (9) years they have had to move the community center five times but now they have purchased this property which was largely supported by our community. They envision that this facility not just be a Synagogue but be a full fledged community center for the residents of this City. As such, there will also be a library, a teen lounge, and generally a place that is fun to come to and interact with the community. This facility would become a landmark for the City as this is pretty much the first building for those entering the City will see. The architecture, the style, and the relationship with the other buildings in the City should be up to par to the beautiful buildings we have in the City. Architect Jamie Shapiro presented a Power Point,renderings and a 3-D model of the building. He said the building is designed to house three (3) main components of a Synagogue which were already described: 1) House of Assembly; 2) House of Study; and 3) House of Prayer. They merged the practical requirements of the building with the design that expresses its symbolic purpose. The purpose of identity within an urban Floridian tropical context, the design grammar is abstract,very sensitive to its context in terms of scale,height,massing as it relates to the City of Sunny Isles Beach. Biscayne Bay, and the adjacent proposed Park. Materials they are using are white stucco, Jerusalem stone, glass on white aluminum frames, and some of the windows are going to be stained glass, specifically the ones that are going into the sanctuary. They are going to commission a well known artist to do the stained windows, as well as the symbolic elements of the sanctuary. The Project has four stories above the garage, the lower floor is a parking garage with 22 parking spaces and also houses the Mikvah. The second level acts as the main floor of the building, the access is through a series of steps and terraces, a little entrance plaza, to the main lobby and on both sides of the lobby we have facilities. We have the main sanctuary that has 176 seats in the men's section on the lower floor, the daily chapel sits 70, a multi-purpose room which will be used for meetings,exhibitions, lectures,and a women's Mikvah,bath,and restrooms. The main lobby connects through terraces that front the Bay with a baywalk, the docks, and the island on the Bay which will be used for outdoor activities. The baywalk is a continuation of the existing baywalk, and we will use the same materials. We have complied with the requirements for the baywalk which are the seating, lighting,and landscaping. As we go to the upper floor,we have the women's section,the sanctuary which has 144 seats, which gives us a total 326 seats for the main sanctuary. Also at that point we have the Montessori School, three Montessori classrooms for pre-school children,and two extra classrooms. We have a lobby that connects to the main lobby through monumental stairs. As we go up we go to the third floor which houses the social hall with a full kitchen,the restrooms,and the exterior terrace always facing the Bay. The main room could be subdivided to accommodate different social events. The fourth floor is the center of the community offices, the Rabbi's offices, a library, a youth center, and a restaurant with terraces all overlooking the Bay. There is also a roof terrace that will be used for outdoor events like wedding ceremonies. The project has a gross area of 42,500 square feet with the garage. There are 3,000 feet of mechanical spaces which are located in the intermediate floors. The project complies with the Zoning District requirement in terms of setbacks, FAR, height, lot coverage, and open space. Mr. Kasdin said in conclusion, he already presented their arguments for the variance which are also set forth in their hardship letter. What they are really grounded in the fact that there is a Orthodox Jewish Synagogue, the required parking for a place of assembly of a facility of 7 Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida this use and type is far in excess of what is actually needed. It is even less so because of it being an Orthodox Synagogue. The property that it sits on is a small property and it would be virtually impossible to provide much more parking on it without encroaching or diminishing the program activities. He pointed out that there are two options in terms of the western side of the property,a landscaped terrace down from their property onto the City's property which would require an easement from the City. This is much more attractive than having a sheer wall up against City property and so they would hope that the Commission would favor that alternative. Mayor Edelcup opened the public hearing and heard from interested parties. Commissioner Aelion asked about the parking requirements, and City Planner Hasbun said the Code indicates that we can use the highest use for shared parking spaces. In this case the highest use is the place of worship with 98 parking spaces. Commissioner Aelion said they will provide 22 spaces including one handicapped for a total of 23 spaces,and so there is the issue of parking against handicapped use by ADA Guidelines. That pro-rated amount has to be respected. He understands from the proposed section that they allow 26 parking spaces to be provided off-site that came under discussion between the Applicant and staff. To that end, he reads that the Applicant in this proposal requiring 26 spaces off-site,but then he views the conditions that staff is proposing,among others is that the Applicant agrees to enter into a off- site parking agreement with the City to purchase a minimum of 24 parking spaces for the use by the Applicant. He asked what is the staffs position regarding the Applicant's use or compromised use, and he needs a number. Ms. Hasbun said 98 is the required number,then 50 was the proposed number from the Applicant to be a variance, and 26 to be provided off- site. At this point the Applicant has requested the 76 to be a variance and so they will not be entering into an agreement for off-site parking. Commissioner Aelion said so anything now is at 76 spaces excluding the 22 spaces, and Mayor Edelcup clarified that of the 98 spaces, 22 are provided. Commissioner Aelion said even though this is a place of worship which has taken the form of B'Nai Zion, the Synagogue on 178th Street, is the parking at that Synagogue up to Code?He sees that the parking is not sufficient there and he sees that cars are parked by the sidewalks and around the area. With special permitting by the City he sees already there is a precedent created, and Ms. Hasbun said she would have to research that. Commissioner Scholl said he looks at this as a commercial transaction with usage throughout the week and he thinks we would have to make a very strong argument that all of these spaces are required. What the Rabbi convinced him through his passion and articulate advocacy is that this is a very unique situation. The fact is that we are going to have a garage nearby,and we will have room for spillover unlike the condition at the B'Nai Zion,because he was going along the lines of Commissioner Aelion's thinking. So from his perspective, with that in mind, he supports the variances as requested and does not feel we should charge for the spaces. It is a beautiful center and it will be an asset to the community. Vice Mayor Thaler said having gone through this on a regular basis over about three months, he believes there should be a minimal charge for the parking. He believes that is a fair way to treat all the people in Sunny Isles Beach. We have to look at this totally different then a commercial piece of property. 8 Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida Commissioner Gatto said she believes that it is important because of the nature of the project, it is for the community and we have a moral obligation to look at it differently and so she also supports the variance. Mayor Edelcup said he believes that they will be using the facility seven days a week, and people will be coming by car to use the facilities,there will be teachers,people working in the kitchen, servers, guests, and members that don't live in our City who will all be arriving by car. In reading our own staff report. for the social hall there is a requirement of 68 spaces, there is a requirement of 11 spaces for classrooms and there appears to be at least 20 spaces for the restaurant, over and above the 98. Our Code says we can have common use and therefore not have to count and aggregate them all, but we can take that with the highest use, but even if he took the one with the second highest use which is the social hall and give you credit for the house of worship,you don't have to have 98 but for the social hall you still have 68 and 68 is still a lot more than the 22 spaces. The City passed an Ordinance a couple of years ago that was trying to treat all people equally,and that Ordinance provided for purchases of parking where parking was not available on the site because of hardship. Even in that Ordinance, the City said that you can only buy down 25%of the unit as opposed to what you are asking us to waive which is close to 75%. This City already entered into a transaction for such a buy down and established a price of$11.000 a unit. That to him is the starting point from where we are at, he is not opposed to having a discount from that $14,000 but he certainly needs to recognize and uphold the laws that we have passed. This provides for at least some recognition that 76 parking spaces need to be provided in this City. He knows that at some time there will be an event where more than 76 cars will be there because it is going to be a very successful and beautiful place and many members are going to want to be there. It would be derelict on the part of the City to assume that everyone is going to walk there or conversely that we should put the burden on other taxpayers to pay for the fact that we didn't require a property owner to purchase some buy-down of parking. Initially there was a buy- down offered that was withdrawn, and to him that was not an act in good faith. Rabbi Kaller responded that he agrees with many of the things that Mayor Edelcup said but for those times when the social hall will be used. there will be nothing going on at the sanctuary. These things are mutually exclusive. Mayor Edelcup said when there is something at the social hall they may come by car, and our requirement for the social hall says that you must provide 68 spaces, and he is willing to see some sort of compromise here. Rabbi Kaller said they have 22 spaces on site, there is an existing municipal parking lot right there that is virtually deserted, it is not used by anyone, and there are 26 spaces there. As their attorney has calculated and they have measured the area underneath the bridge, just like you have parking underneath the bridge next to Marco Polo before the garage was erected there. We have approximately 40 spaces that could be added underneath the bridge, if you add 22 & 26 you have 48 plus 40 is 88, that is very close on site within five yards. Mayor Edelcup said those spaces under the bridge are not solely for you,and Rabbi Kaller said he understands but there is nobody else on this end of the City. Mayor Edelcup said we just passed a zoning resolution that has a building and a marina right next door to you, across from those same parking spaces. Rabbi Kaller said we will be parking there as there are meters there and it is City parking. In addition, we have a garage which the City is erecting with 313 spaces,and if there is ever an event at the social hall like a wedding,then a valet company will be hired and we will be utilizing the City garage which again will be paid for at the parking there. 9 Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida Mayor Edelcup said if everyone came before them with the same argument that they can use the public parking spaces then we may as well throw our Ordinances out. Rabbi Kaller said that the price that you are bringing with the Steigers who are building an office building and who had purchased the parking that they were missing from the City,you are talking about an office building facility that will be filled five days a week. He added that you are talking about a full profit developer in the City. and we are the citizens, the taxpayers, and residents of this City, and many people, not just because they are Orthodox,but because they live here within walking distance, will walk to this facility. He really does not think it is fair to treat a community organization based in this City which is basically the taxpayers of this City the same as a commercial developer. He added he has met Mr. Trump and Mr. Dezer. Mayor Edelcup asked if the members of his organization are paying dues, and Rabbi Kaller said no,they donate. Mayor Edelcup said then they fund the operation,and Rabbi Kaller said absolutely. Mayor Edelcup said then are you saying that anyone in the City can use those facilities without any donations and make it available to everybody? Rabbi Kaller said absolutely, they have people who are not part of their organization that have utilized it when they had somebody pass away,and we let them use it free of charge. Mayor Edelcup said that you still have not answered the parking requirements that are there in our Ordinance, and he understands the Rabbi's argument with Mr. Steiger and his office building, and the fact that they paid$11,000 per space. He believes there has been some discussions for something less than $11,000, and in fact he offered a ridiculously low $1,000. He finds it very difficult to believe that there is not a number that you feel morally responsible to pay,and not putting the burden on other taxpayers to provide the parking that will come to your organization. There will be a requirement for a parking need and you are asking all of the taxpayers in the City to waive their right to at least get a fair share from you for your parking in that facility. He admires the fact that we are going to have a beautiful place of worship there and that you have done a tremendous job in the City. This City has always been fiscally sound in its approach to all of its development and we have never shirked from making sure that everybody pays their fair share. All he is asking the Rabbi to consider is to at least pay a fair share for that parking, and a fair share may not be the $11,000 that we got from Arie Steiger but it is a number. Commissioner Aelion said one of the seven criteria of the City Code for allowing variances are stipulated in the presented documents, and in number 5 with what the Mayor is saying is that the granting of the variance requested conveys the same treatment to the individual owner as to the owner of other lands, buildings or structures in the same zoning district. His question is has the congregation come up with a number to the Commission that would be comfortable for the congregation, is there a dollar number? Mr. Kasdin said before he answers that question, it is important to note that there is no other building like this, this is a unique single purpose building, it physically cannot be used for commercial uses, and so because of its uniqueness it qualifies under that particular criteria. Commissioner Aelion said he is correct and indeed he did voice the issue with the congregation that they definitely do not have enough spaces for that. With that said, there is a reduction from the required spaces already and he asked the Rabbi if he can come up with a number that would be comfortable for the congregation. Rabbi Kaller said that he represents taxpayers,they are members of the City and members of this congregation, and so some of the members of their Board of Directors are here. Yesterday when he talked to them and explained the situation some of 10 Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida them said no, we are the citizens of the City and pay taxes here and in fact as far as the revenue goes,right now there are meters in that parking lot and they bring no revenue. Once we are there, it will be our members who will be using and paying those meters and bringing to the City that revenue. The point that Commissioner Aelion made earlier, as far as B'Nai Zion, he knows the situation in that congregation but he still moved here a few years ago. Most of their members do not live here, and he knows the people who belong to that congregation. There was another place in Normandy Island and they moved here because most of these people are Colombians who live in Aventura. A vast majority of his members live here in Sunny Isles Beach. Commissioner Scholl said he thinks we have a unique set of conditions here. It is under the bridge, it is a City lot that is hardly used, and we are about to build a new parking lot. This will bring additional revenue to this parking lot, and you have the FDOT piece as well. He agrees with the Rabbi that the uses are relatively mutual exclusive. He thinks there is sufficient parking for the school when it is in use based on it being a drop-off. Mayor Edelcup said he has to remind everyone that there is a set of criteria for granting variances. If you don't meet the criteria for granting those variances,they are subject to being tested in the courts,and this City has always tried to make sure that any variance that is being granted meets the criteria. Staff has not indicated to us that we meet the criteria and so you are asking us to go against staff and the criteria outlined by the State Legislature as it relates to other parking spaces that have been provided underneath that bridge. Those were paid for by developers who owned other property that did buy-downs to get bonuses for development,and so everyone has always chipped in to provide for parking in this City. Parking has always been a problem for this City and for us to turn our backs on our responsibility he finds incredulous. As much as he would like to bend for this,he just does not think we are playing fair with all of our residents. Mr. Kasdin said for the record that the staff report says it does meet the criteria for the variance. Mayor Edelcup asked City Planner Hasbun to explain how it meets the criteria. Ms. Hasbun said on page 6 of the Staff Report we have indicated the evidence presented by the Applicant which is also in the application. Mayor Edelcup said as long as he has been on the Commission, we have not granted a total parking variance, we have negotiated but we have never given away the entitlement for no cost. Rabbi Kaller said it sounds like from all of our discussions that the parking is not there, the parking is there,and there is ample space there. It is just a matter of the City wanting them to give money, it is not about the parking not being there. Mayor Edelcup said it needs to be on your property,everyone pays taxes to have the City be as beautiful as it is but you are asking us not to. He said he believes that the Rabbi can understand that we are trying to work with him but if we are not going to receive any kind of an offer in compromise than we are ready for the vote. Mr. Kasdin said that the Rabbi has stated why the parking isn't required in the special circumstances but to promote harmony and bring some accord into the discussion,they would be willing to propose the following: for 26 spaces they would pay $2,200 and the rationale for that is that in addition to the fact that there are 26 spaces currently that the City has across the street, the likelihood of an additional 40 spaces, which would be available on the FDOT property, is 66 spaces. In addition to the 22 spaces, you are only about 8 spaces 11 Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida short. In our earlier discussions we had mentioned the willingness to work out something with regards to 26 spaces. And as to your point Mr. Mayor, to get back to where we were to try to accommodate what your wishes are, we could look to paying a fee for the 26 spaces,the $2,200, which relates to the $11,000 that was charged for the office building which is a five- day a week use. We view it as a one-day a week use which is when the sanctuary is being used or when there is an event on Saturday, and so that is 20% of$11,000 which is $2,200. We feel that there is a certain logic to that as a number that we would proffer. Mayor Edelcup said we can't vote on the two options,we can only vote on one option, is that correct? City Attorney Ottinot said yes, one option is for the use of City property and to improve a portion of the Park with landscaped terraces and access stairs; and the second option is where the Applicant will use their own property without any encroachment on City property. Therefore, a motion needs to be made and indicate option A for use of City property,or option B to use their own property. Commissioner Scholl asked if in light of the Mazacco letter, do we have an issue with Option A? City Attorney Ottinot said there is an issue but with respect to the Mazacco letter because this will only require just an easement between the City and Applicant,that letter does not preclude us from allowing the Applicant to use our property. Commissioner Scholl said he would rather have a smooth transition from the Park, that would be his preference but as long as we don't have a legal issue with it, and City Attorney Ottinot said there are no legal issues. Mayor Edelcup said until we know what we are going to do with the Park, he thinks it would be the wrong thing to do. What he thinks we should do is approve Option B and give them the right to come back, once we have decided what is happening to the Park property. Commissioner Scholl said yes so we can figure out what we are doing because then we might be able to incorporate that design into the Park and make a smooth transition. Mayor Edelcup said he thinks what we are calling the vote on is to accept the proffer to have Option B in place. Commissioner Scholl made a motion to accept the proffer of$2,200 per space for 26 spaces with Option B meaning that we are not going to approve the easement today but we encourage the Applicant to come back and we work on the easement in conjunction with them finalizing their plans and the City figuring out what we are going to do with the Park. Vice Mayor Thaler said the variance is a 50-spot. City Attorney Ottinot said a motion to approve the variance, and also with the condition that they will purchase the 26 spaces at the cost as indicated. Mr. Kasdin said that the easement, the encroachment would come back when we come back for approval of the easement,and Commissioner Scholl said yes, what we are saying is that we don't know what we are going to do with the Park,and the plan that you are proffering today may not be harmonious with the Park but he thinks that we are generally in favor of some easement to make it have continuity between the Applicant's structure and the Park. Mayor Edelcup said that is not part of this, and Commissioner Scholl said right, well that is what we are saying though, what we are saying is that we are not sure what that is going to be yet, and so we would encourage them to work with staff. City Attorney Ottinot explained that the Mayor indicated that let's approve the project within your property, with that in mind, that the Applicant wants to use the City property or the 17 feet, we can enter into an easement agreement which would not be an additional cost because it would not require a site plan hearing. It would just be an easement agreement and you can come in and file a modification to the plan with staff, and Mr. Kasdin said to approve at staff 12 Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida level. Commissioner Scholl said exactly, that is the point because we are just not sure what we are going to do with the Park yet. Mayor Edelcup said that something could always be developed on the Park and then it isn't available, until we know where we are going on that. Commissioner Aelion said that the Rabbi had mentioned the issue of privacy,if this easement comes to discussion and fruition, the privacy issue in that area, are you satisfied with that. Mr. Kasdin asked if he met on the baywalk,and Commissioner Aelion said on the west side of the property. Mayor Edelcup said the baywalk can never be closed for any event, and he asked the Rabbi if that is what he understands. Mr. Kasdin said no, what is reflected in the recommendation,there will be times when we seek approval to close it but that there will be no permanent barrier erected. Mayor Edelcup said then that you had better ask for how many times because if it becomes repetitive we have another problem. Mr. Kasdin said it contemplates that we will come back to the City as is in the recommendation to work out an arrangement of the times that we would be allowed to close it,and Mayor Edelcup said that is not good enough. Mr. Kasdin said whatever you will approve,we will come back to you and we will say these are the times, and Mayor Edelcup said he would be willing to consider something like no more then four times a year but if you are going to leave it open. City Attorney Ottinot said he knows it was in the discussion but it was not in the recommendation relating to closure of the baywalk. What he is indicating is to allow Commissioner Scholl to make the motion based on some of the major issues that are resolved. He thinks the closing of the baywalk, he thinks that issue, unless it is addressed down the line, because the number of times with respect that you need closure, obviously you don't know the exact number. Mayor Edelcup said if we approve this today, it is with no closure, you can ask for it but it is approved with no closures today. Mr. Kasdin said he would like to clarify that because if it is included as a condition of the site plan with a variance then the City,unless it changes the site plan approval or the variance, would not have the power to allow closure,and so putting in a condition saying that it cannot be closed ever is a problem. What we could do is, if it is understood that any closure will require City approval, then we can sit down with the City when we have need to close it. Commissioner Scholl said that is fine, he does not have a problem with that. Vice Mayor Thaler said that you are better off establishing a number,and if you need more come back to the City. Commissioner Scholl said he would state his motion, Option B. basically at this point no easement, $2,200 per space for 26 spaces, and the baywalk closure would be permitted in the future but only at the City's approval, and so if the City only wants to approve it one time a year,that is up to the City. Ultimately he agrees with Mr. Kasdin because if we say no closure then they will have to come back here and we will have to deal with it again. Vice Mayor Thaler said what he is saying is that a number should be established because you never know, the Commission changes all the time. Mr. Kasdin said they had discussed this with City staff and the City Attorney and we acknowledge that we have to sit down to determine how many times it actually is. This still gives the City the ability to say yes or no but to put it as a condition of a site plan or zoning variance is entirely a different thing. City Attorney Ottinot said for clarification, the baywalk which we impose as a condition, all Applicants that have property along Sunny Isles Boulevard,be treated just like a beach access. An applicant would have to enter into a Declaration of Restriction like the beach access,one of the conditions is that access remain unimpeded and no blockage on a 24-hour basis. 13 Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida However, at the same time, we have had requests from developers whose building needs closure and makes a submittal request to the City but if the applicant cannot determine the number, this issue can be revisited at a future date. Let's deal with the main issue of application the Declaration of Restriction will require because it will take this applicant, in terms of the baywalk just like any applicant, the same condition will apply and there will be no closure. Commissioner Scholl said his motion is on the table, and Mayor Edelcup asked for a vote. Commissioner Scholl moved and Commissioner Gatto seconded a motion for approval, subject to staff conditions. Resolution No. 12-Z-131 was adopted by a roll call vote of 4- 1 (Mayor Edelcup against) in favor. Vote: Commissioner Aelion ves Commissioner Gatto des Commissioner Scholl ves Vice Mayor Thaler ves Mayor Edelcup no [City Clerk's Note: The Commission took a five-minute recess after hearing Item 6B.J 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Chapter 68 of the Code of Ordinances of the City of Sunny Isles Beach to Provide a S6,000.00 Fixed Expense Account per Fiscal Year for the Reimbursement of Expenses Incurred in the Performance of Official City Business; Providing for Repealer;Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported that the elected officials will get an allocation of $6,000, the purpose being that they can use it without saving receipts in Miami-Dade,Broward and Palm Beach Counties. This Ordinance will not apply to those expenses that occurred outside of these three Counties. Public Speakers: None Commissioner Aelion moved and Commissioner Gatto seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 4- 1 (Commissioner Scholl against) in favor. Second reading, public hearing will be held on Thursday, October 18, 2012, at 6:30 p.m. Vote: Commissioner Aelion ves Commissioner Gatto yes Commissioner Scholl no Vice Mayor Thaler ves Mayor Edelcup ves 14 Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida 7B. Public Hearing: An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Sections 265-34, 265-35, 265-36, 265-37. 265-38 of the Land Development Regulations to Clarify that Commercial Jet Skis, Personal Watercraft Launching Facilities and Commercial Marinas are Conditional Uses Within Particular Zoning Districts; Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Attorney Ottinot reported that the purpose of this Ordinance is to clarify that commercial jet skis, personal watercraft launching facilities, commercial marinas, boat storage, as well as non-motorized and motorized watercraft leasing or launching facilities,are conditional uses within certain zoning districts in the City. They would have to seek Commission approval before operating. Public Speakers: None Vice Mayor Thaler explained that this came about because on the west side of Sunny Isles Beach all of a sudden a jet ski operation showed up and by our laws and rules it was permitted. With this Ordinance the Commission will make that decision on a case-by-case basis. Commissioner Aelion 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,October 18,2012, at 6:30 p.m. Vote: Commissioner Aelion yes Commissioner Gatto ves Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup yes 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) None 15 Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida 10. RESOLUTIONS 10A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving the Renewal of the Commercial Package Policy (Property, Liability, Automobile), Workers Compensation, and Miscellaneous Insurances with Brown & Brown/Preferred Government Insurance Trust (PGIT) for the Period of October 1, 2012 through September 30,2013, in an Amount Not to Exceed $721,783.00,as Outlined in 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 Acting Human Resources Manager Yael Londono reported. Public Speakers: Bob Hollander Mayor Edelcup said he would like staff to do a study in the coming year to see what classifications can be eliminated and be treated with self-insurance, particularly when he looks at the number of automobiles and the low value placed on them. He is mystified why we want to buy insurance other than the public liability portion of it, as well as on other property items that we have within the City. We can save the City some money if we adopted a policy of a certain dollar amount falling into a self-insurance classification. Commissioner Scholl asked if this is based on our actuarial experience or is it just based on market conditions, and Bob Hollander of Brown & Brown said it is actually both. He also commented on the Mayor's comment, the vehicles as they get older become less on the comprehensive and the percentage of premium on physical damage to the vehicles is very small although he thinks it makes sense where a deductible is involved you may want to self- insure in those areas. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012-1958 was adopted by a voice vote of 5-0 in favor. 10B. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing Mayor Norman S. Edelcup as the City's Delegate to the Miami-Dade League of Cities and Commissioner Isaac Aelion as the Alternate to Attend Meetings During Fiscal Year 2012/2013; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Edelcup reported. Public Speakers: None Commissioner Gatto moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2012-1959 was adopted by a voice vote of 5-0 in favor. 16 Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida 10C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving Change Order No. 2 to Agreement with Tenex Enterprises, Inc. for Collins Avenue Streetscape Improvements and Landscaping Services for the Installation of Trees in the Intracoastal Parks, in an Amount Not to Exceed $280,390.13, Attached Hereto as Exhibit "A"; Approving 60 Additional Days to Complete this Work; Rescinding Resolution No. 2012-1921 Adopted on June 21, 2012; 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 Engineer Helen Gray reported that the on- site sidewalk work and pavers in Intracoastal Parks was removed from the Agreement. They are continuing to do the trees which are going in now, and they started the demo for the pavers along Collins Avenue. It is a savings of about$92,000. Mayor Edelcup said then that Public Works will be doing that job, and Ms. Gray said yes. Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012-1960 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 Change Order No. 1 to Agreement with Shiff Construction&Development,Inc.for the Design,Fabrication,and Installation of an Aluminum Security Barrier at the Heritage Park Parking Garage Top Floor, in an Amount Not to Exceed $26,577.52, 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: See additional action under Item 4A.] Mayor Edelcup noted that this item was deferred. 10E. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Ratifying a Construction Agreement with the Florida Department of Transportation (FDOT)for the Installation of a Demonstration Section of Stone Thermo Set Crosswalk Material at the Intersection of Collins Avenue and 178th Street, 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 Engineer Helen Gray reported that whenever you install a specialty treatment within FDOT right-of-way, a construction agreement is required. At the time we hoped to get a contractor in to do the demonstration section at 178th and Collins, unfortunately that did not happen. However we are still pursuing that installation and received word that they are going to be back in South Florida. We will try to coordinate that but we will need the construction agreement to implement anything. Public Speakers: None Mayor Edelcup asked if we could do this differently, he has a problem every time we ask FDOT to do something,it takes a long time to do it. Can we go out and find the contractor to do this and pay it directly rather than paying it through FDOT and maybe expedite this test? 17 Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida Ms. Gray said that this is not about who is paying for the work but the work that is being installed in the right-of-way. So while we are able to get a deal at least at this time with this demonstration section, it is at no cost to the City. Even if we pay this contractor to do it.the construction agreement would be required because at the end of the day it is FDOT's right- of-way. We submitted the paperwork to them on August 9, 2012 and have received some comments back, and she is waiting on others. We don't have a firm date set yet but he can't do it until we have a construction agreement, and he will be working for us. Acting City Manager Maas said we tried to coordinate it to where we would have both programs, the crosswalk painting at 178th and the pavers at the same time under the same permitting process but were unsuccessful. The only thing we are waiting for is the permitting process through FDOT. Mayor Edelcup said in the meantime we will keep painting it. Commissioner Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2012-1961 was adopted by a voice vote of 5-0 in favor. 10F. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the Purchase of Uniforms and Related Items for the Police Department from Lou's Police Distributers,Inc.,in an Amount Not to Exceed$35,000.00 Annually; Piggybacking the City of Hallandale Beach Contract Bid No. FY2005-2006-002; 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. Public Speakers: None Vice Mayor Thaler moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2012-1962 was adopted by a voice vote of 5-0 in favor. 106. A Resolution of the 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 $48,147.00 from the Partial Federal(DOJ) Forfeiture Funds for Tactical Police Equipment, Marine Patrol Equipment, Unmarked Police Vehicle and Security Gate Access System; Providing for an Effective Date. Action: City Clerk Hines read the title, and Police Captain Michael Grandinetti reported. Public Speakers: None Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2012-1963 was adopted by a voice vote of 5-0 in favor. 18 Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida 10H. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Ratifying an Agreement with Calvin, Giordano and Associates to Provide Construction Project Management Services for the Bella Vista Bay Park Project,in an Amount Not to Exceed $25,380.00,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 City Engineer Helen Gray reported that they had been working very hard towards completing the redesign that was required for the Park to meet DERM requirements. We have since suspended work on the project,however,we have incurred some fees prior to that suspension. We do not anticipate spending all of the money but we do need to ratify this agreement so we can pay those fees. Public Speakers: None Mayor Edelcup said some of this is in the past already spent but some of it is to go forward if we choose to go forward with this project. Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2012-1964 was adopted by a voice vote of 5-0 in favor. 101. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Ratifying an Agreement with Calvin, Giordano and Associates to Provide Professional Survey Services for a Route Survey of William Lehman Causeway,in an Amount Not to Exceed $5,027.50,Attached Hereto as Exhibit-A"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Engineer Helen Gray reported that we needed a route survey in order to set a benchmark under the Lehman for setting of the modular units for Public Works. There is also a 2013 project to put in a solid wall along the north side from the Intracoastal up to the southwest corner of Heritage Park. Public Speakers: None Commissioner Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2012-1965 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 the Donation of Thirty (30) Used Chairs and Two (2) Used Cabinets to Eden Seventh- Day Adventist Church of Miami, a Non-Profit Organization; 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 Mayor Edelcup reported. Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012-1966 was adopted by a voice vote of 5-0 in favor. 19 Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida 10K. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Ratifying the Parking License Agreement with Newport Hospitality, LLC for Parking at Property Located at 287 Sunny Isles Boulevard; Approving a Month-to-Month Extension of the Parking License 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 Attorney Ottinot reported noting that Newport will be paying the City $5,000 per month. Public Speakers: None Mayor Edelcup said this expires on December 31,2012, should we put in a month-to-month extension until such time as we develop the Park, and that way we will not have to come back and look at this again. City Attorney Ottinot said yes, that would be appropriate. Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the resolution,as amended. Resolution No.2012-1967 was adopted by a voice vote of 5-0 in favor. 10L. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving the Award of Bid No. 12-07-01 to and Entering into an Agreement with L & L Truck Repairs to Provide Fleet Bus and Heavy Duty Vehicle Maintenance and Repair Services, in an Amount Not to Exceed $60,000.00, 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. Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012-1968 was adopted by a voice vote of 5-0 in favor. 10M. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Ratifying the Purchase of a 2013 Dodge Durango AWD Citadel V-8 from Maroone Dodge of Pembroke Pines for Use by the City Manager, in an Amount Not to Exceed $37,355.00, Attached Hereto as Exhibit"A";Utilizing the Florida Sheriffs Association Contract Number 10-18-0907; 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. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2012-1969 was adopted by a voice vote of 5-0 in favor. 20 Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida 10N. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Ratifying the Purchase of Supplies and Equipment from Home Depot for Several Construction Projects, in an Amount Not to Exceed $10,000.00, Bringing the Total Amount Not to Exceed to $49,000.00; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providine for an Effective Date. Action: City Clerk Hines read the title, and Public Works Director Wade Sanders reported noting that this is due to additional projects we had this year including the lifeguard towers. Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012-1970 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,Approving the Request Submitted by 18555 Developers, LLC. to Place a Temporary Sign at 18555 Collins Avenue, in Regards to Porsche Design Tower Miami Project; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for Conditions; Providing for an Effective Date. Action: City Clerk Hines read the title. Public Speakers: Gil Dezer Gil Dezer said this is for a temporary sign for their sales trailer. It is a small sign and it is a self-contained unit that can be moved. He handed out photos of the driveway where Turnberry Beach Club has a wall that blocks the visibility of their entrance. He noted the Golden Nugget will be torn down during the construction of the Porsche Tower. Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2012-1971 was adopted by a voice vote of 5-0 in favor. 10P. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving the Renewal of the Annual Service Agreement with Sungard Public Sector,Inc.to Provide Technical Support and Software Upgrades for the Police Department Computer System, in an Amount Not to Exceed $57,032.48, 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 Chief Information Officer Derrick Arias reported. Public Speakers: None Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012-1972 was adopted by a voice vote of 5-0 in favor. 21 Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida 10Q. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Establishing a Schedule for City Commission Meetings for Calendar Year 2013; Providing for an Effective Date. Action: City Clerk Hines read the title. Mayor Edelcup said the meetings are scheduled on the third Thursday of the month with no meeting in August. If any Commissioner has a problem with these dates later on,we are usually flexible so we can move them if necessary. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012-1973 was adopted by a voice vote of 5-0 in favor. 10R. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Authorizing Entering into an Agreement with Blue Digital Corp.for Document Imaging Services,in an Amount Not to Exceed $260,850.00. Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement Provided Said Agreement is Approved as to Form and Legal Sufficiency by the City Attorney; Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: See additional action under Item 4A.] Mayor Edelcup noted that this item was deferred. 10S. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Concerning Amendment 4 to the Florida Constitution which, if Adopted, would Create Additional Inequities in Florida's Tax System by Granting Certain Tax Breaks to Some Taxpayers at the Expense of Other Taxpayers; 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: This Resolution was distributed prior to the meeting. See additional action under Item 4A.] City Clerk Hines read the title, and Assistant City Manager/Finance Shah reported passing of Amendment 4 will create further inequities in the tax system. It consists of three main criteria: 1)non-homesteaded property assessment would be capped at an increase of 5%where it is currently at 10%and would cost the City in excess of$750,000;2)give first time home buyers an additional homestead exemption equal to 50% of just value of property which could cost the City in excess of$200,000;and 3)in the event that the just value which is also the fair market value of the homes, if they are to decrease then the Save Our Homes property owners would not experience a 3%increase which would be$70,000. She clarified that although she is saying what it would cost the City the reality is those dollar amounts, from $200,000 to $950,000, is actually a shift of tax burden to our current tax payers versus the newer tax payers. That is where the inequities get even greater. Public Speakers: None Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2012-1974 was adopted by a voice vote of 5-0 in favor. 22 Summary Minutes:Reeular City Commission Meeting September 20.2012 City of Sunny Isles Beach,Florida 10T. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the Transfer of Development Rights ("TDRs") in the Amount of 83,490 Square Feet of Floor Area and 46 Units to Urbis and Key International LLLP for the Property Located at 400 Sunny Isles Boulevard from the Sub-Bank Account Owned by Urbis and Key International LLLP; Directing the Zoning Administrator or Designee to Transfer the TDRs from the Sub-Bank Account in Accordance with Zoning Resolution No. 12-Z-131; Authorizing the Adjustment and Modification of the TDR Sub-Bank; 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: This Resolution is part of Item 6A and was heard with that item.] City Clerk Hines read the title, and City Planner Claudia Hasbun reported. Public Speakers: Lynn M. Dannheisser, Esq. Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2012-1975 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Scholl ves Vice Mayor Thaler ves Mayor Edelcup ves [City Clerk's Note: The Commission took a five-minute recess before hearing Item 12A.] 10U. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,Approving an Extension to November 1, 2012 for Temporary Use of Food Truck Service at Sole Condominium/Hotel Located at 17315 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: Originally added as a discussion item 12C. See additional action under Item 4A.] Tom Feeley of Sole said he is here tonight to request a one-month extension on the use of their temporary kitchen until their restaurant is completed. They have a food truck that is parked in their parking level that is functioning as a temporary kitchen. Public Speakers: Tom Feeley Mayor Edelcup said if the Commission is in agreement we will go another 30 days but our patience is wearing thin. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012-1977 was adopted by a voice vote of 5-0 in favor. 23 Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida 11. MOTIONS None 12. DISCUSSION ITEMS 12A. A Discussion regarding Naming a Site After Vice Mayor Lewis J. Tinier. Action: [City Clerk's Note: A revised letter was distributed prior to the meeting.] Harvey Busch, Chairman of the City Advisory Committee, reported that the Committee met on September 18,2012 and passed a motion endorsing the change of the name of Heritage Park to the Lewis Thaler Park honoring the exceptional work of Vice Mayor Thaler for his many years of service and devotion to the City. He noted that Vice Mayor Thaler had requested if this is approved to change the name to The Thaler Family Park honoring his wife Madi. Public Speakers: Harvey Busch; Bob Welsh; Marianna Talalaevsky; Rabbi Alexander !Caller; Gerry Goodman; Roslyn Brezin Bob Welsh noted for the record that he had handed out a revised letter to the Commission which was also handed out at the City Advisory Committee meeting. He discussed the many accomplishments that Vice Mayor Thaler has had during his service on the Commission going above and beyond the normal call of a Commissioner. Mayor Edelcup thanked everyone for their input and that the Commission would evaluate comments and act accordingly. 12B. A Discussion regarding the Town Center Skateboard Park Noise Assessment Report. Action: [City Clerk's Note: A copy of the Power Point Presentation was distributed prior to the meeting.] City Engineer Helen Gray reported representatives from Stanley Consultants, Inc. are here to report on the Noise Assessment Report that they did at Skate Park. She noted that a copy of the Power Point Presentation was distributed earlier to the Commission, and that there are additional copies in the back of the Chambers. Public Speakers: Courtney Arena; Bernard Kinney; Rachel Beyda; Allan Kaul Courtney Arena of Stanley Consultants, reported on the results of their evaluation of the sound levels at the Skate Park at Town Center Park. The study was a collaborative effort with Bernard Kinney & Associates who are noise experts. The purpose of the acoustical assessment was to determine if the sound levels from the Skate Park can be reduced to provide the adjacent residential locations with an ambient condition that is not influenced by the Skate Park during normal operational hours and conditions. Measurements were also taken when the Skate Park was closed in order to provide a comparison. Phase One of the study was to collect data, and Phase Two was taking that information and building a model which predicts through calculations and tells us what their mitigation is accomplishing. Consultant Bernard Kinney reported that the first part of the study was to gather ambient salable with the Park closed to determine any type of impact to the close proximity receptors. He noted you get greater impact at higher elevations, at some point there is a plateau and it 24 Summary Minutes:Regular City Commission Meeting September 20.2012 City of Sunny Isles Beach,Florida drops off. They also took measurements in the center of the Park during operational conditions to establish what ambient sound level we are going to input into the model and once it is in the model, it will predict from that source point of 68.8 what that relevant sound level will be at all the different receptor points at the varying elevations. The highest number was 68.8 and that represented 9 to 12 skateboard users with interaction with the concrete, pavement, rail, coming down hard, etc. The sound level exceeded 10% of the time. Mitigation options includes three (3) different possibilities: Design Option 1: started with a 230-foot wall that ran along the Skate Park,about 20 feet high,what becomes problematic is that you have receptor points at elevated balconies far above the Skate Park, obviously we can't build a wall 190 feet high and so they looked at 20 feet as the base, and the cost is $470,000; Design Option 2: they put in two flanking walls,a 10-foot high wall that tied into the concession stand, and a 100-foot wall,that is in two sections,to try to assist unit 1519 to get that western exposure to get rid of that flanking noise, with a cost of$695,000; and Design Option 3: which is the best option, not because it is the most expensive at$890,000, but because with higher elevations all the way up to the 23rd floor,that sound wave no matter how high the wall is, has an opportunity to go over the top of the wall, and the only way to get rid of the refraction over the top of the wall would be to have some type of exposure to trap that sound and push it back away from the receptor point, and so we have a 12-foot high wall for Design Option 3 with two feet high of acoustical louvers on top,and so it is in effect a 14-foot high wall. The louvers would assist in sound reduction by allowing some type of ventilation in the Skate Park. Mayor Edelcup said then the biggest reduction only occurs at the Skate Board Park and the Pool Deck,and Mr. Kinney said yes because of the close proximity locations,and the natural ambient is playing an important role in the overall sound. Commissioner Aelion said regarding typical sound level, the noise urban area daytime which is basically the regular traffic,etc. is at 70,and he doesn't see any variance of effect between the three options as far as the mitigated effect. They are nominal here and there but compared to the cost variance, between R1A to R7 there is almost no difference between the options as far as the sound effect is concerned. He said the Commission allowed the study to go forward in order to find a solution to mitigate the sound that is there which is bothering mainly the 600 and 300 building residents (Winston Towers) but from the results, worst case scenario, it equates to noise urban area daytime. He fails to see a substantive argument here unless there is something that has not been presented to us,evidence of allowing ourselves to implement the data here to make a educated decision to go forward. Commissioner Scholl asked regarding the relations of a decimal reading, is it linear or is it exponential? If we plot it, is it a straight line or is it a curve,and Mr. Kinney said logarithm. Commissioner Scholl explained that this means that if it goes from 50 to 60, that 10 is not proportional to the first 50, which means that 10 is larger than the first 10 in the 50. In other words a curve would go like that, and so it is deceiving when you look at the numbers because ultimately going from 60 to 80 is a lot bigger than going from 40 to 60. We need to be careful interpreting the data, it is not a percentage, it means it went up 5 points just like that, it didn't go up 5 points on a straight line, there is a big difference between the two. Really what the report is telling us is that the proposed solution does not work well for what our concerns are and it does not address the problem with the noise at the Skate Park. 25 Summary Minutes:Reeular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida Ms. Arena clarified the table that shows atypical of a commercial area 60-70 decibel range, but if you look at the table where we actually collected the data, none of the ambient levels exceeded 60 decibels, and so she thinks that 60 decibels is a better number to use as a base rather than 70. Mayor Edelcup said we were not concerned with the noise level within the Skateboard Park itself,we were more concerned with the complaints that we had received from the neighbors. You tested their apartments,and from what you reported to us,the improvement is minor at best for those areas. As Commissioner Scholl stated, these three solutions are not the best solutions, we don't want to look at these. We still have the door open to other solutions. Commissioner Aelion said he would like to have had an Option 4 of complete enclosure. Vice Mayor Thaler agreed, he was surprised that an enclosed building was not put into the report, it would have reduced the sound significantly. The three options showed minimal change,and it would be a waste of taxpayer's money to do any of these options. An enclosed building with all its costs was not given to us. Commissioner Gatto said we didn't request it from them, we can do it in-house. She said it would cost about a million dollars. Mayor Edelcup said that we are turning down all three of these options and let's move on to something better. Commissioner Gatto said she agrees with that, none of these three options will work. This is a pet project of hers, and when she first read the report,the first thing that jumped out to her when she finished it was that she realized that this was a $800,000 to a Million Dollar project, not a $250,000 project. We didn't do it right, she is trying to be solution oriented with all of this. She understands that we don't want to close the Park, we want the kids to continue to enjoy it. We do have people suffering with the noise, and she would like to throw out some ideas. One is to move the Skate Park to another location,there are some other options we can look at and some other areas, one might be under Lehman Causeway near the basketball court,or maybe closer to Collins Avenue in Town Center Park. In trying to figure out what we would do with the current location, she has been getting a lot of feedback from the community where people would love to have a dog park there,and she thinks it is an ideal place for one. Mayor Edelcup said why don't we all agree at this point that these three solutions do not work, and we will pursue other options. Commissioner Scholl said that he had asked from the beginning what it would cost to enclose it. He had asked for it several times and that is why he was surprised that it was not in the report. He figured that staff would come back with at least a ball park figure. He thinks we can agree that this is not a solution, we don't have an engineering solution that doesn't involve either moving it or enclosing it. He thinks we can agree on that tonight and to direct staff to come back with some alternatives. City Engineer Helen Gray said she would like to rush to the defense of the consultants. We did ask them to evaluate three options, we said one of those options does not need to be enclosing the building because we know that is going to be$1.3 to $1.4 Million plus the on- going operational cost. You have to ventilate it, you have to light it, etc. We already knew what that was, we wanted to find out if there were any other alternatives. Commissioner Scholl said you may have known what that was but the Commission did not know. City Engineer Gray said as an engineer, the Skate Park can be built for$400,000, so why would 26 Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida you spend $1 Million more to leave it where it is, and that was the rationale behind it. She apologized and said she did not know that the Commission had requested that information because she could have easily provided it. Mayor Edelcup said the three solutions here are not acceptable, we will come back with another solution. Allan Kaul suggested looking into coatings, there are several types of coating that can be applied to the concrete that would greatly reduce the sound, and Vice Mayor Thaler said that staff already looked at all the rubber matting and rubber coatings that were suggested at our first meetings and they were all eliminated. [City Clerk's Note: Add-on Item 12C was moved to Item IOU and heard after Item 12B.] 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 14. ADJOURNMENT 'MavorEdelcup adjourned the meeting at 10:11 p.m. Respectfully submitted by: Approved by the City Commission on Oct. 18, 2012 I t � `Fl]twlt ��&it,/ \Jane A. Hines, CMC, City Clerk ?pi. o an S. Edelcup, Mayor •//)-i • '77 Preview Page 1 of 1 s""Y Is,Fl City of Sunny Isles Beach Ox r— B /y . 18070 Collins Avenue Sunny Isles Beach,Florida 33160 4,�CO s op�O�X47 (305)947-0606 City Hall et?' of sun "'o (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Jane A. Hines, CMC, City Clerk DATE: 10/18/2012 RE: Summary Minutes for the September 20, 2012 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the September 20, 2012 Regular City Commission Meeting. REASONS: N/A ATTACHMENTS: Summary Minutes http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=890&MeetingID=O&MeetingDat... 10/11/2012