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HomeMy WebLinkAbout2012-1018 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, October 18, 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 Christopher J. Russo 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: Former City Commissioner Gerry Goodman led the Pledge of Allegiance to the flag, and City Historian Richard C. Schulman gave the invocation. Mayor Edelcup gave opening remarks of decorum. 3. APPROVAL OF MINUTES 3A. Special City Commission Meeting/1st Budget Hearing FY 2012/2013 — Sept. 7, 2012. Action: Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the above mentioned Summary Minutes. The motion was approved by a voice vote of 5- 0 in favor. 3B. Regular City Commission Meeting—September 20, 2012. Action: Commissioner Gatto 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. 3C. Special City Commission Meeting/2"d Budget Hearing FY 2012/2013 —Sept. 27, 2012. Action: Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the above mentioned Summary Minutes. The motion was approved by a voice vote of 5- 0 in favor. Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items: Revised: Item 10B. Approval to Expend DOJ Funds; Item 10G. Page 3 re:TDRs Accounts;Add-On Items:Item 5F.Proclamation re:Homeless Awareness Day; Item 10H.Resolution Approving a Lump Sum Pay Increase to Chief Maas; and Item 101. Resolution Donating $5,000 to K-8 School Scholarship Program. 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. A Presentation to the Sunny Isles Beach Dragon Boat Race Team. Action: Mayor Edelcup said the Dragon Boat Event that took place at Haulover was a tremendous success,and he hopes it is one of those events that our residents can take part in every year. Chief Maas presented a short video created by our videographer Mike Tribby on his own time in support of the City's Dragon Boat Race Team practicing and winning the race for their Division. He noted that these members practiced for 3 months every Sunday. He recognized Sgt.Bobby Randazzo for Marine Patrol services making sure that everybody was safe. He called up the team members and Captain Dwight Snyder presented medals to each team member: Joseph Alvarez,Milagros Antela,Lee Athanasiou,David Barrios,David Blanco, Sandra Block, Yasminia Essabba, Fernanda Gonzalez, Claudia Hasbun, Desiree Liguori, Roy Ortiz, Marline PierreSaint, Michael Quesada, Sharon Ragoonan, Darya Yeroshova, Michael Fiorey; Agustina Graddick, Justin Broman, Fernando Amuchastegui, Jorge Hasbun,and Johnson Ng. Chief Maas,on behalf of the Team,presented their trophy to the Commission for display at Pelican Community Park. Assistant City Manager/Community Development Sharon Ragoonan and Deputy City Attorney Fernando Amuchastegui presented a Certificate of Appreciation to Johnson Ng for bringing the Team together, encouraging them to come every week, making it fun, and energizing the group. 5B. City Commission Employee Recognition Program: Certificates of Appreciation to be presented to the following City Employees: Officer Norberto "Nory" Alvarez, Clayton L. Parker, and David Blanco for going above and beyond the call of duty. Action: Mayor Edelcup reported that Police Officer Norberto Alvarez, Building Official Clayton L.Parker,and David Blanco of Human Resources went above and beyond the call of duty in the performance of their duties. Mayor Edelcup and the City Commission presented them each with a Certificate of Appreciation and noted that each recipient will receive a$100 check. 5C. A Presentation by the Miami-Dade County School Board regarding the Norman S. Edelcup/Sunny Isles Beach K-8 School Addition, and Information on the General Obligation Bond. Action: Assistant City Manager/Community Development Sharon Ragoonan introduced 2 Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida Jaime Torrens to report on the General Obligation Bond,and said we will hear a presentation about the school expansion of 12 classrooms above the garage at the school,which will be provided by Architect Wolfberg Alvarez as well as the Contractor at Pirtle Construction. She also recognized Dr. Weissman who is here tonight. Jaime Torrens gave an overview of the General Obligation(GO) Bond the School District has placed on the November ballot. It is $1.2 Billion for improvements and technology upgrades at all of their facilities. The new GO Bond would provide a long-term solution to the facilities needs in Miami-Dade County. The GO Bond would also provide a continuation of the Bonds that were issued in 1988,which are"sun-setting"in 2017. This would provide a financing and funding vehicle to continue improving our schools and update technology at all of their campuses throughout the District. The financing of the GO Bond is a 30-year financing plan,and there is a tax calculator available on their website. The key to this is that they would provide funding and financing from investors outside of the local area infusing capital into our community for both the generation of j obs and improvement of our schools. There are four major categories of work involved: 1)renovation of our older campuses,half of the buildings are over 40 years old and about a third of them are over 50 years old; 2) replacements or partial replacements of buildings; 3) technology improvements; and 4) capacity projects to accommodate growth. There are 400 campuses with over 3,000 buildings, and there has not been a major renovation effort since 1988 when the last GO Bond was approved by the voters. Their most recent focus has been on capacity between class size compliance and the growth in our population. An amendment was passed by the State, however, Miami-Dade County never received its share of funding for class size compliance, and so they had to use local revenue which otherwise would have gone to renovate many of their buildings to comply with class size. Even though we make up 13%of the State's population we have only received in the best year 5% of the funding. Mr.Torrens said that they also have an issue with PECO(Public Education Capital Outlay) Funding which has been eliminated by the State over the past three years for renovation, maintenance,or construction of our schools. Our local option millage which is the primary source of our Capital Program has also been hit pretty severely between a reduction of 25% by the State from 2 Mills to 1.5 Mills and also from declining property values. It was determined that there was no other solution at this time to address the District's capital needs. Mr. Torres stated that the reason this is being done now relates to three items: 1) cost of borrowing right now,there are historic lows on interest rates in the financial markets;2)we have seen a declining construction value and there is a construction cost and there is the capacity and the best value for this District to do this at this time; and 3)there is plenty of idle capacity in the construction industry. Waiting any longer will make it a more costly proposition. Throughout this our School Board and Superintendent followed some guiding principles,the first and most important one is to enhance the safety and security of all of their campuses making sure that all of the students have access to facilities that are dignified and our teachers have safe and appropriate spaces. There is also transparency by making sure there is an oversight committee of local citizens who review the plans to make sure that the commitments that are made are kept, and that the financing is reviewed and audited on a regular basis. 3 Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida Mr.Torrens said that almost 2,400 students of Sunny Isles Beach have attended Miami-Dade County Public Schools,of these approximately 95%of these students attended three schools. Most importantly even at the newer schools that were recently built,there will be technology upgrades because this is a long term plan. It is a 30-year financing plan with a 7 to 8-year implementation, and so even some of the newer schools will receive technology upgrades throughout this Bond program. Architect Arias Garcia presented a power point on the school addition over the existing parking garage. It is one-story, a new staircase will be added, and they will bring up the existing elevators and stairs. He presented the new floor plan with 12 additional classrooms with restrooms. They will have display cabinets along the corridor. Mike Fiery, Executive Vice President of Pirtle Construction, said Pirtle Construction has been in South Florida since 1968,and they have built over 350 schools,many of which have been with Miami-Dade County Public Schools. He showed a power-point presentation and noted their partner on this project is Wolfberg Alvarez. They will be doing two floors 1)the floor of the classroom building,and 2)the roof deck. Many of the trucks and deliveries will come into the site along the south side of the building and they will have this area barricaded off and properly secured from students, etc. The stairwell in the middle will be a key component for the project. The students will still be able to cross the street to the Park,and when they need to, they will have the proper flagman and signage there to ensure safety. Vice Mayor Thaler asked if there was a time schedule on this project, and Raul Perez,the Executive Director for the Capital Improvement Office for Miami-Dade County Public Schools, said they are currently bidding the project. They are looking to have the project awarded at the School Board meeting in November, and construction commencing in December. The school will be open for the August 2013 school year,and so the bulk of the construction will take place in the second half of this school year. Mayor Edelcup said then that the closing of that road will only be during the construction period, from January to August. Mr. Perez said the road will probably be closed starting in December 2013, and it will open before August. Mayor Edelcup said he just brought that out for our own staff's awareness so that any events we have at Pelican Community Park may be better transferred some place else during that construction period, the Easter Egg Hunt is the first one that comes to his mind. Commissioner Scholl said regarding financing, how much is old money and how much is new money because you had mentioned that you were going to have a takeout of the existing GO. Mr. Torres said the old GO is being paid out completely and there is no mingling of this. It is just the financing, the debt service on the GO, and it is sun-setting by 2017. So they are getting the whole amount with a minimum impact. Commissioner Scholl said he missed a school on the list, the school his son goes to is Advance Studies at Wolfson, and Mr. Torres said they will add it to the list. Commissioner Aelion asked what the criteria was for putting this on the ballot now,and Mr. Torres said there were a couple of criteria: 1) the financing cost,the cost for borrowing is as low as it has ever been; 2) the cost of construction; and 3) that is allowed to sunset completely, the incremental impact to taxpayers will be very drastic and would be very 4 Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida difficult then it would be now, as the other one sunsets,this one picks up and there is a very small incremental cost. For the typical homeowner in 2013 it will be less than$10 per year. Vice Mayor Thaler noted that the addition of the school is being funded by both Miami-Dade County and Sunny Isles Beach and has nothing to do with the Bond issue. Commissioner Aelion asked if the redistricting that has been done by the Legislature impacts the layout of your application? He further stated you are looking on a global basis, and Mr. Tones responded it is global and this is a needs based plan. They know what the deficiencies are in our schools and this was built from the bottom up, and we look at it globally. Mayor Edelcup said this is an important issue that is going to be on the ballot for everyone,and he would recommend people to vote in favor of this as there is nothing more important than the education of the children because they are the future of the city, state or country. 5D. A Presentation to the Incoming City Manager Christopher J. Russo from Outgoing Acting City Manager Chief Fred Maas. Action: Chief Maas said that he had asked the new City Manager during this period of transition what is it that he would like him to accomplish most,and he said he would like the employees to continue to get cross-trained, to get committed to where there is always somebody to step up to the plate. The Chief presented a photo of the K-9 dog being cross- trained at the desk,and he passed incoming City Manager Russo the baton. He thanked the employees for their tremendous support that he received over the four months in accomplishing the job. There was one goal and one interest and that was to provide in the interim the best service that we could to the residents of this City. City Manager Russo thanked the Chief and the employees. The reception he has gotten by coming back has been terrific although the first day seemed like he never left. It is certainly the finest City and the finest employees that he has come across, and the finest elected officials in 32 years in this business. The Commission welcomed him on board. 5E. A Presentation by Simcha Hadassah regarding the Madi Thaler Memorial Breast Cancer Walk-A-Thon Taking Place on Sunday, October 28, 2012. Action: Fanny Korn,President of Simcha Hadassah Chapter of the Greater Miami Region, gave some history of the organization. With the Walk-A-Thon they memorialize Madi Thaler who was a past president of the organization. Madi was kind and caring and embraced them all as members. She was a great president of their Chapter, and it is a great honor that they walk for breast cancer in her memory which will take place on Sunday, October 28,2012 at 10:00 a.m. in Pelican Community Park and will walk north to Heritage Park. They thanked the Commission for their efforts to raise funds for the Hadassah medical organization to support their research to find a cure for breast cancer. They presented Mayor Edelcup and Vice Mayor Thaler each with a plaque and a tee-shirt. Vice Mayor Thaler thanked them and he said he is honored that they are honoring his wife, and certainly they had supported cancer and breast cancer which is something that is very difficult to converse. He was very proud of Madi, and from day one she let everyone know what the problems were. He knows of three or four other people she spoke to who had a mammogram and they did find cancer and all of them are survivors today. 5 Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida 5F. Add-On: A Proclamation to be Presented to Commissioner Elect Jennifer Levin Proclaiming November 15, 2012 as "Homeless Awareness Day in the City of Sunny Isles Beach". Action: Mayor Edelcup presented the Proclamation to Commissioner Elect Jennifer Levin on behalf of the Miami-Dade County Community Homeless Trust Plan. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request for Deferral to November 15,2012: Request of St.Tropez on the Bay: Phases II&III,for the Property Located at 290-330 Sunny Isles Boulevard& 16690 Collins Avenue,for the Following: (Hearing#Z2012-09) The Applicant is requesting approval for a site plan modification for 16690 Collins Avenue and,a site plan for 290-330 Sunny Isles Boulevard.The Applicant is requesting a Transfer of Development Rights(TDRs)in the amount of 94,680 square feet of development rights and 45 units from the TDR Bank account of the City of Sunny Isles Beach.The Applicant is also seeking approval of a variance of the front pedestal to tower setback in the site plan modification. Further, the Applicant is requesting approval of a mural and graphics for a temporary construction fence. 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations,the Applicant is requesting a site plan modification approval for an eight(8) story office building with 55,749 square feet,previously approved for a residential tower under Resolution No. 06-Z-101, adopted on July 20, 2006. 2. 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 front setback to be 21'-6",where a minimum of 25'-0"is allowed in accordance with Section 265-38 (Summary Chart B) of the Land Development Regulations. 3. 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 329 units and with a total of 637,887 square feet. 4. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations,the Applicant is requesting to approve the utilization of TDRs from the TDR Bank of the City in the amount of 94,680 square feet of development rights and 45 dwelling units for the two residential towers 5. 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. (Deferred from 8/21/12) Protests 1 Waivers 0 Ex Parte 0 Action: Mayor Edelcup noted that the Applicant has requested a deferral to November 15, 2012. City Clerk Hines read the title, and City Planner Claudia Hasbun said that this 6 Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida applicant requested deferral and for the record, it is required to submit the public notices again for the November 15 Commission Meeting,and staff has no objections for the request. Mayor Edelcup asked the City Attorney to make sure that in the future any of these types of items that are deferred by more than 30 days need to have re-noticing and re-mailing to the adjacent property owners who are entitled to speak before the Commission on these items. If we don't have that in our policy,he would like it amended to make it a standard practice so that people that are planning on either speaking for or against at least will know when something has been deferred and to when it has been deferred to. City Attorney Ottinot said he would follow that instruction. Public Speakers: None Commissioner Scholl moved and Commissioner Aelion seconded a motion to defer this item to November 15,2012 at 6:30 p.m. The motion was approved by a voice vote of 5-0 in favor. 7. ORDINANCES FOR FIRST READING 7A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Chapter 218 of the Code of Ordinances of the City of Sunny Isles Beach to Clarify That Newly Constructed Sales Centers for Development Projects Require Approval of the City Commission; 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 this is basically to codify current practice and past practice to require Commission to approve newly constructed sales centers. Public Speakers: None 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 Thursday, November 15, 2012, at 6:30 p.m. Vote: Commissioner Aelion y Commissioner Gatto Commissioner Scholl yes Vice Mayor Thaler yes Mayor Edelcup 7B. An Ordinance of the City of Sunny Isles Beach,Florida,Amending Chapter 100 Entitled "Animals", to Create a New Section Entitled Restrictions on Feeding of Stray or Ownerless Cats;Providing for Penalties;Providing for Severability;Providing for Inclusion in the Code; Providing for Conflict; and 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 impose restrictions on feeding stray cats in the City. Additionally it Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida makes it a public nuisance to feed stray cats in the City. This ordinance is similar to what they adopted in the Town of Golden Beach. Vice Mayor Thaler said he thinks there may be a misunderstanding,we are not trying to hold off all feeding of cats; we are trying to stop the overfeeding of cats. We have an enormous amount of people that come out in the morning with huge amounts of food, putting it in places such as the churches,synagogue,our Parks,and even at City Hall. What we are trying to do is to control those people because it is dangerous. What the cats don't eat people trip over. He noted an email from Father Kirlin at St. Mary Magdalen,and he read a paragraph into the record "The cats who are being overfed on our property by persons known and unknown have become, in many cases, indolent and overweight. I am told that obesity in cats can be just as detrimental to them as to humans. These cats then hunt birds on the parish grounds not for food but for sport,kill them,and then leave their carcasses all around parish property. This then provides a health risk for our children and others. At the same time persons are leaving food in places where the parishioners walk instead of hiding the food away. If a parishioner slips and falls on cat food or any other kinds of food that people may leave,this becomes an insurance/liability issue for the parish." This is why he put this item on the agenda. He has received many other emails and one thing that was overlooked is that we do have a neutering system here in Sunny Isles Beach. We spend in excess of$10,000 a year for the neutering and it is not enough. We cannot get enough people to go out and capture the cats that are here,the cat population has continually grown,and we are having a problem here. Mayor Edelcup opened the meeting for public comment. Public Speakers: Lindsay Donzanti; Suely Caramelo;Mirna Trujillo;Catherine Szabo;Don Anthony; Megan Clauser; Martha Trujillo; Mayor Edelcup thanked all the people for coming here tonight to express their opinion on the status of this problem,and their suggestions for correcting/mitigating the problem. He also thanked the Vice Mayor for bringing it to our attention so we can have a public discussion and search out alternate solutions to this problem. It is his intention not to support this ordinance but to suggest that our staff take all the comments that were made here tonight and to come up with a comprehensive program that incorporates additional dollars from the City, for the neutering program. The Mayor wants to have the volunteers that are here tonight and others that wish to volunteer become part of the program. He also instructed our own staff to look into the problems and where they can assist to come up with a more viable solution. Overfeeding is really a very subjective item and he doesn't see how this ordinance could ever be enforced because overfeeding is in the eyes of the beholder who is watching the feeding taking place, and so it is an ordinance that defies the ability to be able to adequately and properly police that sort of program. Therefore to him, it is an unacceptable type of ordinance to put before the City,and he would hope his fellow Commissioners would move with him to instead make a positive out of this by doing what we can to mitigating the program and incorporating all the people who want to work with us. Commissioner Aelion said he felt we did not have enough data. This ordinance does not address overfeeding but feeding in its entirety is prohibited. He agrees with the Mayor's approach. Commissioner Scholl said he doesn't like to approve anything that is not clearly enforceable, it is the wrong approach. We have a citizen's group that is obviously responsible,articulate,well funded,and want to help. He would like to direct staff to see if 8 Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida we can find a solution that makes sense. Commissioner Gatto appreciates what Vice Mayor was trying to do but we need to find a fine balance on how to approach it. She loves the passion she has seen here tonight, and noted that she has also heard from people that are on the other side of this where someone who runs the beach early in the morning has seen a truck throw food out to the cats. Having listened to the speakers,she sees that there may be some solutions that they might want to present to us. She would rather try to work together first before supporting this ordinance. Vice Mayor Thaler said the ordinance has done what he wanted it to by bringing out the people to tell us what can be done and what should be done. He would like to instruct our new City Manager to put together a program that can be brought back to the Commission and increase our three letters TNR(Trap,Neuter, Release)Program. The one thing that has not been addressed, and he heard what the Mayor said about the overfeeding,but when you see what is put out in the mornings by people, there needs to be some way to control that. He asked the City Attorney if we have laws on the books for people who throw things out on the streets, and City Attorney Ottinot said yes, the littering laws. Vice Mayor Thaler said we should look at that law, and with that he withdrew this Ordinance. He asked the City Manager to come back to the Commission in the future with a program. 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. 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 $6,000.00 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. (First Reading 09/20/12) Action: City Clerk Hines read the title, and City Attorney Ottinot reported that the elected officials will get an allocation of$6,000, at a prorated amount based on terms of service. Public Speakers: None Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to adopt the ordinance on second reading,as amended. Ordinance No.2012-392 was adopted by a roll call vote of 4-1 (Commissioner Scholl against) in favor. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Scholl no Vice Mayor Thaler yes Mayor Edelcup yes 9 Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida Sitting in as the Local Planning Agency and the City Commission to Consider the Following Ordinance Amending the Land Development Regulations (LDRs): 9B.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 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, Attached as Exhibit"A"; Providing for an Effective Date. Action: [City Clerk's Note: Items 9B.1 and 9B.2 were heard together.] City Clerk Hines read the title. Commissioner Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. LPA Resolution No. 2012-72 was adopted by a vote of 5-0 in favor. 9B.2 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. (First Reading 09/20/12) 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 adopt the ordinance on second reading. Ordinance No.2012-393 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 Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida 10. RESOLUTIONS 10A. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the Mayor to Apply for, Receive and Expend Grant Funds from the Miami-Dade County, Federal Funds, Edward Byrne Memorial Justice Assistance Grant (JAG) Program— American Recovery & Reinvestment Act of 2009, in the Amount of $3,205.00; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action:City Clerk Hines read the title,and Captain Michael Grandinetti reported noting that this is an annual grant that we receive and this year it is allocated to be spent on novelty educational give-away items for the school kids through our DARE Program and our School Resource Officer. Public Speakers: None Commissioner Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2012-1978 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 the Chief of Police, in Accordance with the Comprehensive Crime Control Act of 1984,to Expend up to $25,000.00 from the Federal Forfeiture(DOJ) Funds for the Purchase of Miscellaneous Technology/Electronic Equipment for Law Enforcement/Investigative Purposes to be Used by the DEA/HIDTA Group; Providing for an Effective Date. Action: [City Clerk's Note: The cover memo and Resolution were revised and distributed prior to the meeting.] City Clerk Hines read the title, and Captain Michael Grandinetti reported that these funds were previously awarded to the Police Department as a result of investigative participation in forfeiture and seizure cases. Public Speakers: None Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution,as amended. Resolution No.2012-1979 was adopted by a voice vote of 5-0 in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Ratifying the Approval to Accept a Donation of Thirty-Nine (39) Trees Including Installation from LPLA Partners, LP, for Placement in Intracoastal Parks; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action:City Clerk Hines read the title,and Cultural and Community Services Director Susan Simpson reported that these trees are from Mansions of Acqualina. Their Sales Center Site is turning into a construction site and they donated these trees to the City. Mayor Edelcup said that they are actually at the Intracoastal Parks now. Public Speakers: None Commissioner Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2012-1980 was adopted by a voice vote of 5-0 in favor. 11 Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida 10D. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving Change Order No.3 to Agreement with Tenex Enterprises,Inc. for Construction of a New Driveway Access on the West Side of Collins Avenue,South of 183rd Street, in an Amount Not to Exceed $58,331.21, 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 the project has been funded,the plans are done, and we are now ready to go to construction. Public Speakers: None Mayor Edelcup said that hopefully this project will alleviate some of the traffic problems flowing out at 183rd Street. Commissioner Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2012-1981 was adopted by a voice vote of 5-0 in favor. 10E. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving the First Amendment to Agreement with Calvin Giordano & Associates to Provide Consulting and Permitting Services for the Emergency Bridge, in an Amount Not to Exceed$34,644.75,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 City Engineer Helen Gray reported that Calvin Giordano is currently under way with the design and permitting for this project. This adds two specific items to their work element: 1)south landing of the bridge is a narrow right-of- way,there is only 20-25 feet available and so it has to be a bi-directional one way signaled facility;and 2)prepare a detailed construction cost estimate from a marine contractor to try to save some money on the construction site by identifying items that could be valued engineered. Public Speakers: None Mayor Edelcup said that this is a project that the City Manager is totally familiar with on his first time around as City Manager. Now that he is back, we are in a hurry to get it done. Commissioner Aelion said this has been going on for five years,and these services may have been already rendered in some form. Ms. Gray said these services do not overlap with the services that they are providing under the current contract. Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2012-1982 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,Releasing and Terminating Declaration of Restrictions Imposed on Properties Located at 18955 Atlantic Boulevard and 19035 Atlantic Boulevard;Providing the City Manager and City Attorney With the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. 12 Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida Action: City Clerk Hines read the title, and City Attorney Ottinot reported that these properties are located in the Golden Shores area, and the Declaration of Restrictions were executed in 1950 that required those properties as duplex use. The Developer has advised him that they intend to submit plans for single-family homes instead of townhomes. Public Speakers: Chad Friedman Chad Friedman representing the contract purchaser of the property said their intentions right now is to submit for single-family homes on this property and would like this covenant removed. Commissioner Scholl asked if it prohibits them to go back to duplex, and City Attorney Ottinot said no. Commissioner Scholl said then all we are doing is giving them the flexibility to down zone if they choose to do that. Vice Mayor Thaler asked if they owned to the corner, and Mr. Friedman said they have not bought it yet but are in the process of purchasing those vacant lots that go from the corner south. Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2012-1983 was adopted by a voice vote of 5-0 in favor. IOG. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Confirming the Balance of Development Rights Currently Held in the TDR Bank Accounts by the City of Sunny Isles Beach and Private Owners, Attached Hereto as Exhibit "A"; Requiring Yearly Updates of Account Balances Held by Private Owners and the City; 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: Page 3 of Exhibit "A"was revised and distributed prior to the meeting.] City Clerk Hines read the title, and City Planner Claudia Hasbun said the City implemented the TDRs program to create open space,parks and recreational facilities. She went over the TDR Bank Accounts by the City and by private owners. She noted on page 3 that the City has collected to date funds in the amount of$38,178,496.25, and that we have some uncollected funds for the latest projects that the City has to approve. This includes LPLA Partners which is the Mansions of Acqualina,representing$1,462,500.00 that will be collected when the building permits are issued. The City has agreed on a contract with them and so we will receive 5% interest per year in this amount. Also for Porsche at 18555 Collins Development, LLC, these TDRs are contingency and so we might receive $975,000.00 for the Porsche design or we might not because if they don't use it, they will return to our bank account. The uncollected funds can be up to$3,437,500.00,and the total amount for all the projects that have been approved is $41,615,996.25. Public Speakers: None Mayor Edelcup said it was a great report and survey. He has asked each year that we go through this report so that we can never lose track of where we are with all of these TDRs, and he thanked Ms. Hasbun for a very comprehensive report. It is very gratifying to know that we have sold nearly 1.5 Million TDRs out of our bank and that we will receive over$40 Million. Most of that money has been put into our park system, and we still have approximately 1.2 Million TDRs to sell in the future as the City further develops. 13 Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2012-1984 was adopted by a voice vote of 5-0 in favor. 10H. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving a Lump Sum Retroactive Pay Increase for Police Chief Fred Maas for Serving as Acting City Manager;Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: This item was distributed prior to the meeting.] City Clerk Hines read the title,and Mayor Edelcup reported that we have all recognized the tremendous job that Chief Maas has done in acting as our City Manager during the interim period of time until our current Manager arrived. We wanted to recognize the fact that while he was working that job he really put in a lot time,hours and effort in a comprehensive file system for our current Manager to understand where each project in the City is currently at. Mayor Edelcup said he had suggested that we adjust the Chief's pay to what the Manager would have received had he been the Manager based on the contract that we have with Chris Russo. Therefore he is pleased to recommend a $12,500.00 retroactive payment for the period of time from June 15 to October 15, 2012 that the Chief served as our Interim City Manager. Public Speakers: None Commissioner Scholl moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2012-1985 was adopted by a voice vote of 5-0 in favor. 10I. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing a Charitable Contribution to the Sunny Isles Beach K-8 Trust Fund for the Florida International University (FIU) First Generation College Scholarship Program, in an Amount of $5,000.00; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: This item was distributed prior to the meeting.] City Clerk Hines read the title, and Vice Mayor Thaler reported that the City had started a Trust Fund where it contributes to FIU for its first generation children from Sunny Isles Beach. Last year we donated $5,000 and the Federal Government has a matching plan and so the school actually gets$10,000. Last year there were ten(10)different students who received$1,000 each, and so we hope to continue that going forward. Public Speakers: None Commissioner Scholl moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2012-1986 was adopted by a voice vote of 5-0 in favor. 14 Summary Minutes:Regular City Commission Meeting October 18,2012 City of Sunny Isles Beach,Florida 11. MOTIONS None 12. DISCUSSION ITEMS None 13. CITIZENS' FORUM: REQUESTS,PETITIONS & OTHER COMMUNICATIONS 14. ADJOURNMENT Mayor Edelcup adjourned the meeting at 8:12 p.m. Respectfully submitted by: Approved by the City Commission on Nov. 15,2012 14deyfi- Jane A. Hines, C C, City Clerk N an S. Edelcup, Mayor 15 1 Preview Page 1 of 1 . ""Y's= ,r City of Sunny Isles Beach A./r '` 18070 Collins Avenue IN U 4 I x. Sunny Isles Beach,Florida 33160 k;'� # --agar Sir (305)947-0606 City Hall fLo t`r*os suH .''° (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Jane A. Hines, CMC, City Clerk DATE: 11/15/2012 RE: Summary Minutes for the October 18, 2012 City Commission Meeting RECOMMENDATION: Attached for your consideration are the Summary Minutes for the October 18, 2012 Regular City Commission Meeting. REASONS: N/A ATTACHMENTS: • Summary Minutes http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=902&MeetinglD=O&MeetingDate... 11/5/2012