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HomeMy WebLinkAbout2018-0419 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, April 19, 2018, 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 Scholl at 6:30 p.m. with the following officials present: Mayor George "Bud" Scholl City Manager Christopher J. Russo Vice Mayor Dana Goldman City Attorney Hans Ottinot Commissioner Isaac Aelion City Clerk Mauricio Betancur, CMC Commissioner Jeanette Gatto Deputy City Manager Stan Morris Commissioner Larisa Svechin Zoey Gubcacsi 2. PLEDGE OF ALLEGIANCE /INVOCATION Action: Former Sunny Isles Beach Commissioner Rozlyn Brezin led the Pledge of Allegiance to the flag and Rabbi Kaller gave the invocation. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting—March 15, 2018. Action: Commissioner Aelion moved and Vice Mayor Goldman seconded a motion to approve the above mentioned Summary Minutes. The motion was approved by a voice vote of 5-0 in favor. 4. ORDER OF BUSINESS (Additions/Deletions/Amendments) Revised: Item 7A. Ordinance Amending Sections 265-34,265-35,265-36 and 265-38 of the Zoning Code to Increase the Price of Bonus Participation Unit;Revised: Item 7B.Ordinance Amending Chapter 217 Entitled"Rental Property,"of the Code of Ordinances of Sunny Isles Beach to Create a New Article Entitled"Regulating Short Term Vacation Rentals in Multi- Family Dwellings";Revised: Item 10B.Resolution Ratifying an Agreement with O.Haligon Fine Art Studio, Inc. for the Restoration, Repair, and Installation of the "Rising Horizons" Sculpture Located at Town Center Park;Revised: Item 10J.Resolution Approving a Second Amendment to the Agreement with Perkins+Will for Architectural Design Services for the Government Center Annex at 18080 Collins Avenue, to Include the Design of a Pedestrian Bridge Add On: Item 10K.Resolution Authorizing Vice-Mayor Dana Goldman as the City's Delegate to the Miami-Dade League of Cities;Add On: Item 10L.Approve Appointment of Alex Lama to the City Advisory Committee. Action: Vice Mayor Goldman moved and Commissioner Gatto seconded a motion to approve the above mentioned changes to the agenda. The motion was approved by a voice vote of 5-0 in favor. Summary Minutes:Regular City Commission Meeting April 19,2018 City of Sunny Isles Beach,Florida 5. SPECIAL PRESENTATIONS 5A. Presentation by Miami-Dade Commissioner Sally Heyman on Civil Citations, Proclamation. 1. Report of Miami-Dade Commissioner Sally Heyman. 5B. Update on the 2018 Legislative Session. . 1. Report of Senator Daphne Campbell. 5C. Police Department Promotions. 1. Report of Police Captain Grandinetti and Captain Snyder. 5D. Presentation of the Sunny Isles Beach Audit Report for Fiscal Year 2016/2017. 1. Report of Finance Director. 5E. Presentation by the North Miami Beach Little League. 1. Report of Team Representatives of the NMBLL. 5F. Presentation of College Scholarship Awards. 1.Report of Assistant City Manager. 6. ZONING 6A. Request of the Estates at Acqualina Site Plan Modification — GSF Acquisition, LLC ("Applicant")for the property located at 17901 Collins Avenue,Site Plan Modification for the following: (Hearing#PZ2018-01): Summary: The Applicant has submitted an application for a site plan modification for the Estates at Acqualina project located at 17901 Collins Avenue. This site plan modification includes a decrease in density from 264 residential units to 248 residential units, 155 units in the south tower and 93 in the north tower, and an increase in square footage from 1,085,205 square feet to 1,179,384 square feet of Floor Area Ratio (FAR). Further, the Applicant is requesting approval of the purchase of additional Transfer of Development Rights(TDRs)in the amount of 74,546 square feet of floor area with no dwelling units. Requests: 1. Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a modification to an approved site plan for a decrease of density from 264 residential units to 248 residential units and an increase of square footage from 1,085,205 square feet to 1,179,384 square feet of Floor Area Ratio (FAR). 2 Summary Minutes:Regular City Commission Meeting April 19,2018 City of Sunny Isles Beach,Florida 2. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting the assignment and purchase of 74,546 square feet of floor area and 37 dwelling units(utilizing 0 residential units)from the City's TDR Bank to the project. 3. Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations,the Applicant is requesting approval for the assignment of 15,538 square feet of floor area and 8 dwelling units (utilizing 0 residential units) of private TDRs to the project. 4. Pursuant to Section 265-11(N)(3) of the City of Sunny Isles Beach Land Development Regulations,the applicant is requesting for an extension of time to pull a building permit for an additional 24 months over and above the 24 months allowed by the LDRs, for a total of 48 months from the date of site plan approval. Protests 0 Waivers 0 Ex Parte 2 Action: Mayor Scholl gave opening remarks on zoning procedures/decorum. City Clerk Betancur read a disclaimer for the Zoning hearing, and administered the oath to witnesses. City Attorney Ottinot asked if there were any Ex Parte disclosures to which Mayor Scholl and Vice Mayor Goldman both stated they met with the developer. Planning and Zoning Director Claudia Hasbun reported that the applicant is seeking a site plan modification of an already approved site plan for the property located at 17901 Collins Avenue, commonly known as the Estates at Acqualina. The site plan modification consists of a decrease in the number of residential units. The applicant is also asking decrease of density from 264 residential units to 248 residential units and an increase of square footage from 1,085,205 square feet to 1,179,3 84 square feet of Floor Area Ratio(FAR). The increase is based on the assignment and purchase of 74,546 square feet of floor area and 37 dwelling units(utilizing 0 residential units)from the City's TDR Bank to the project. The applicant is also requesting to temporarily close the south beach access at the time of construction of the south tower and the north beach access at the time of construction of the north tower. The applicant is requesting to extend the life of the site plan approval from 24 to 48 months. The application is consistent with the Comprehensive Plan and generally consistent with the City's Land Development Regulations. Public Speakers: Jules Trump. Commissioner Svechin moved and Commissioner Gatto seconded a motion for approval. Resolution No. 17-Z-165 was adopted by a roll call 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 Sections 265-34,265-35,265-36 and 265-38 of the Zoning Code to Increase the Price of Bonus Participation Unit; Providing for a Repealer; Providing for Severability; Providing for an Effective Date. Action: City Clerk Betancur read the title, and City Attorney Hans Ottinot reported. 3 Summary Minutes:Regular City Commission Meeting April 19,2018 City of Sunny Isles Beach,Florida Public Speakers: None. Vice Mayor Goldman 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, May 17, 2018, at 6:30 p.m. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Svechin yes Vice Mayor Goldman yes Mayor Scholl yes 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Chapter 217 Entitled "Rental Property," of the Code of Ordinances of Sunny Isles Beach to Create a New Article Entitled "Regulating Short Term Vacation Rentals in Multi-Family Dwellings"; Providing for Definitions; Requiring Registration of Short Term Rentals; Providing for General Standards and Safety Requirements; Providing for Duties of Responsible Party and Peer—to-Peer or Platform Entities; Providing for the Posting of Short Term Rental Information; Providing for Penalties and Enforcement; Providing for Severability;Providing for Repealer;Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Betancur read the title, and City Attorney Hans Ottinot reported. Public Speakers: Jeniffer Viscarra; Chade Brunton;Alex Lama;Alex Tarao;Frank Delgado. Vice Mayor Goldman 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 5-0 in favor. Second reading, public hearing will be held on Thursday, May 17, 2018, at 6:30 p.m. Vote: Commissioner Aelion yes Commissioner Gatto yes • Commissioner Svechin yes Vice Mayor Goldman yes Mayor Scholl yes 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) 10. RESOLUTIONS 10A. A Resolution of the City of Sunny Isles Beach, Florida, Approving a Non-Binding Letter of Intent between the City of Sunny Isles Beach .and NDPRE #14, LLC, a Florida Limited Liability Company for the Donation of Property Located at 18500 Collins Avenue,Sunny Isles Beach,Attached Hereto as Exhibit"A";Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing an 4 Summary Minutes:Regular City Commission Meeting April 19,2018 City of Sunny Isles Beach,Florida Effective Date Action: City Clerk Betancur read the title, and Mayor Scholl reported. Public Speakers: None Vice Mayor Goldman moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2018-2803 was adopted by a voice vote of 5-0 in favor. 10B. Revised: A Resolution of the City Commission of the City of Sunny Isles Beach Florida,Ratifying an Agreement with 0. Haligon Fine Art Studio, Inc. for the Restoration, Repair, and Installation of the "Rising Horizons" Sculpture Located at Town Center Park, in an Amount not to Exceed $57,000.00, 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 Betancur read the title, and Cultural and Community Services Director Sylvia Flores reported. Public Speakers: None Commissioner Gatto moved and Vice Mayor Goldman seconded a motion to approve the resolution. Resolution No. 2018-2804 was adopted by a voice vote of 5-0 in favor. 10C. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving an Agreement with Port Consolidated, Inc. for the Purchase of Gasoline and Diesel Fuel for the 2,000-Gallon Above Ground Tank Located on the Southwest Portion of Government Center,in an Amount not to Exceed$100,000.00 Annually,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 Betancur read the title, and Cultural and Community Services Director Sylvia Flores reported. Public Speakers: None Vice Mayor Goldman moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2018-2805 was adopted by a voice vote of 5-0 in favor. 10D. A Resolution of the City of Commission of the City of Sunny Isles Beach, Requesting Waiver of the Bidding Requirements Set Forth in Chapter 62 of the City Code; Approving an Agreement with Econolite Control Products,Inc. for the Purchase and Installation of Adaptive Signalization Equipment, in an Amount not to Exceed $1,077,718.85,Attached Hereto as Exhibit"A";Authorizing the City Manager to Negotiate and Enter into an Interlocal Agreement with Miami-Dade County for the Installation and Maintenance of the Adaptive Signalization Equipment, Provided it is First 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; Authorizing the City 5 Summary Minutes:Regular City Commission Meeting April 19,2018 City of Sunny Isles Beach,Florida Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. • Action: City Clerk Betancur read the title, and Planning and Zoning Director Claudia • Hasbun reported. Public Speakers: None - Vice Mayor Goldman moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2018-2806 was adopted by a voice vote of 5-0 in favor. 10E. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the Transfer of Development Rights ("TDRs")in the Amount of 27,147 Square Feet of Floor Area("Far")and Zero Dwelling Units to A3 Development,LLC a/k/a The Estates at Acqualina for the Property Located at 17901 Collins Avenue from the City's TDR Bank Account; Directing the Zoning Administrator or Designee to Transfer the TDRs From the City's Bank Account in Accordance with Zoning Resolution No. ;Authorizing for the Adjustment and Modification of the City's TDR Bank; Providing the City Manager and City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Betancur read the title, and Planning and Zoning Director Claudia Hasbun reported. Public Speakers: None Commissioner Aelion moved and Vice Mayor Goldman seconded a motion to approve the resolution. Resolution No. 2018-2807 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 Transfer of Development Rights ("TDRs") in the Amount of 47,399 Square Feet of Floor Area ("Far") and Zero Dwelling Units on an As Needed Basis for Balcony Enclosures to A3 Development, LLC a/k/a The Estates at Acqualina for the Property Located at 17901 Collins Avenue from the City's TDR Bank Account;Directing the Zoning Administrator or Designee to Transfer the TDRs From the City's Bank Account in Accordance with Zoning Resolution No. ; Authorizing for the Adjustment and Modification of the City's TDR Bank; Providing the City Manager and City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Betancur read the title, and Planning and Zoning Director Claudia Hasbun reported. Public Speakers: None Commissioner Aelion moved and Vice Mayor Goldman seconded a motion to approve the resolution. Resolution No. 2018-2808 was adopted by a voice vote of 5-0 in favor. 6 Summary Minutes:Regular City Commission Meeting April 19,2018 City of Sunny Isles Beach,Florida 10G. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the Assignment of Private Transfer of Development Rights("TDRs")in the Amount of 15,538 Square Feet of Floor Area("Far")and Zero Dwelling Units to A3 Development, LLC a/k/a The Estates at Acqualina for the Property Located at 17901 Collins Avenue from the City's TDR Bank Account; Directing the Zoning Administrator or Designee to Transfer the TDRs From the City's Bank Account in Accordance with Zoning Resolution No. ;Authorizing for the Adjustment and Modification of the City's TDR Bank; Providing the City Manager and City Attorney with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Betancur read the title, and Planning and Zoning Director Claudia Hasbun reported. Public Speakers: None Commissioner Aelion moved and Vice Mayor Goldman seconded a motion to approve the resolution. Resolution No. 2018-2809 was adopted by a voice vote of 5-0 in favor. 10H. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Florida, Approving a Public School Concurrency Proportionate Share Mitigation Development Agreement between the School Board of Miami-Dade County and 17550 Collins Avenue,LLC ("Aurora Project"),attached hereto as Exhibit"A";Authorizing the Mayor to Execute Said Agreement; Authorizing the City Attorney and the City Manager to Do All Things Necessary to Effectuate the Terms of this Agreement; Providing for an Effective Date. Action: City Clerk Betancur read the title, and Planning and Zoning Director Claudia Hasbun reported. Public Speakers: None Vice Mayor Goldman moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2018-2810 was adopted by a voice vote of 5-0 in favor. 10I. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving Change Order No. 3 to Agreement #3 With Ebsary Foundation Co. for the Third Phase of the Construction of the North Bay Road Pedestrian Emergency Bridge, in an Amount not to Exceed $207,592.54, Attached Hereto, in Substantially the Same Form, as Exhibit "A"; Authorizing the City Manager to Sign Said Change Orders; Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Betancur read the title,and City Manager Christopher J.Russo reported. Public Speakers: None. Commissioner Svechin moved and Vice Mayor Goldman seconded a motion to approve the resolution. Resolution No. 2018-2811 was adopted by a voice vote of 5-0 in favor. 7 Summary Minutes:Regular City Commission Meeting April 19,2018 City of Sunny Isles Beach,Florida 10J. Revised: A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the City Manager to Negotiate and Execute a Second Amendment to the Agreement with Perkins+Will for Architectural Design Services for the Government Center Annex at 18080 Collins Avenue,to Include the Design of a Pedestrian Bridge,in an Amount not to Exceed$350,000.00,Provided Said Amendment is First Reviewed as to Form and Legal Sufficiency by the City Attorney; Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Betancur read the title,and City Manager Christopher J.Russo reported. Public Speakers: None. Commissioner Svechin moved and Vice Mayor Goldman seconded a motion to approve the resolution. Resolution No. 2018-2812 was adopted by a voice vote of 5-0 in favor. 10K. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing Vice-Mayor Dana Goldman as the City's Delegate to the Miami-Dade League of Cities and Commissioner Larisa Svechin as the Alternate to Attend Meetings from May 2018 through May 2019; Providing for an Effective Date. Action: [Clerk's Note: This item was added prior to the meeting]City Clerk Betancur read the title, and Mayor Scholl reported. Public Speakers: None • Commissioner Aelion moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2018-2813 was adopted by a voice vote of 5-0 in favor. 10L. Add-On: A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving Alex Lama To Fill The Vacancy on the City Advisory Committee; Providing for Approval by the City Commission; Providing for an Effective Date. Action: [Clerk's Note: This item was added prior to the meeting]City Clerk Betancur read the title, and Mayor Scholl reported. Public Speakers: None Commissioner Svechin moved and Commissioner Gatto seconded a motion to approve the resolution. Resolution No. 2018-2814 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS 12. DISCUSSION ITEMS 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 8 Summary Minutes:Regular City Commission Meeting April 19,2018 City of Sunny Isles Beach,Florida Public Speakers: Nicholas Rodriguez. Nicholas Rodriguez gave a brief update on Project Citizen. 14. ADJOURNMENT Vice Mayor Goldman moved and Commissioner Aelion seconded a motion to adjourn the meeting; Mayor Scholl adjourned it at 7:10 p.m. Respe lly 'us i itted by: Approved , the ity Commission on May 7th , 2018 / f Mauric>• Betanc r, CMC G-orge H. Scholl r' City C lerk Mayor 9