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Home My WebLink About2018-1018 Regular City Commission Meeting SUMMARY MINUTES Regular City Commission Meeting Thursday, October 18, 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 Assistant City Attorney Julia Grachova 2. PLEDGE OF ALLEGIANCE /INVOCATION Action: School Principal Dr. Adam L. Kosnitzky gave the pledge of Allegiance and Rabbi Kaller gave the invocation. 3. APPROVAL OF MINUTES 3A. Regular City Commission Meeting— September 20, 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 9D. Ordinance Repealing Article II Entitled "Telecommunications Right of Way"; Deferred: Item 9F. Ordinance Creating Chapter 251 Entitled "Property Assessed Clean Energy Program; Add On: Item 10I. Resolution Requesting for Extension of Payments for Estates of Acqualina; Add On: Item 10J. Resolution Approving Site Plan Condition Modification for Estates at Acqualina; Add On: 10K. Resolution Authorizing City Manager to Enter Into an Agreement with FEMA for Reimbursements. 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. 5. SPECIAL PRESENTATIONS Summary Minutes:Regular City Commission Meeting October 18.2018 City of Sunny Isles Beach,Florida 6. ZONING 6A. Request of Arie and Judith Steiger ("Applicant") for the property located at 262 Atlantic Avenue, Carport Setback Variance for the following: (Hearing #PZ2018-09): • Summary: The Applicant is seeking approval of front and side setback variances for a proposed carport structure within the exterior of their single-family home. Specifically,the Applicant is requesting a front setback variance of 0 feet and 0 inches from the property line where 25 feet is required and a west side setback variance of 5 feet and 0 inches from the property line where 7.5 feet is required. Requests: 1. Pursuant to Sections 265-45(C) and 265-31 of the City of Sunny Isles Beach Land Development Regulations,the Applicant is requesting a front setback variance of 0 feet and 0 inches where 25 feet is required and a wrest side setback variance of 5 feet and 0 inches feet from the property line where 7.5 feet side setback is required for a new proposed carport. 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 only Vice Mayor Goldman stated they met with the developer. Planning and Zoning Director Claudia Hasbun reported that the applicant is seeking a front setback variance of 0 feet and 0 inches where 25 feet is required and a west side setback variance of 5 feet and 0 inches feet from the property line where 7.5 feet side setback is required for a new proposed carport. The application is consistent with the Comprehensive Plan and generally consistent with the City's Land Development Regulations. Public Speakers: Arie Steiger. Commissioner Aelion moved and Vice Mayor Goldman seconded a motion for approval. Resolution No. 17-Z-168 was adopted by a roll call vote of 5-0, in favor. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Svechin yes Vice Mayor Goldman yes Mayor Scholl yes 7. ORDINANCES FOR FIRST READING 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) 9. ORDINANCES FOR SECOND READING (Public Hearings) 9A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Chapter 14 of the Code of Ordinances of the City of Sunny Isles Beach Entitled "Code Enforcement"; Adopting a Revised Administrative Fee for Special Magistrate Hearings; Providing for Severability; Providing for Inclusion in the Code; Providing for Repealer; Summary Minutes:Regular City Commission Meeting October 18,2018 City of Sunny Isles Beach,Florida Providing for an Effective Date. City Clerk Betancur read the title, and City Attorney Hans Ottinot reported. Public Speakers: None. Vice Mayor Goldman moved and Commissioner Gatto seconded a motion to approve the Ordinance on second reading. Ordinance No. 2018-528 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Svechin yes Vice Mayor Goldman yes Mayor Scholl yes 9B. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Chapter 99 of the City Code Entitled "Public Health and Safety" to Create a New Article to Provide for the Closure and Repair of Public Beach Accesses for Public Safety; Providing for Purpose; Providing for Definitions; 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: None. Commissioner Svechin moved and Vice Mayor Goldman-seconded a motion to approve the Ordinance on second reading. Ordinance No. 2018-529 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Svechin yes Vice Mayor Goldman yes Mayor Scholl yes 9C. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Chapter 113 (Sections 113-1 through 113-35) Entitled "Cable Television" Ordinance; Providing for Severability and Repealer; Providing for Conflicts; Providing for an Effective Date. Action: City Clerk Betancur read the title, and City Attorney Hans Ottinot reported. Public Speakers: None. Vice Mayor Goldman moved and Commissioner Gatto seconded a motion to approve the Ordinance on second reading. Ordinance No. 2018-530 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Svechin yes 3 Summary Minutes:Regular City Commission Meeting October 18,2018 City of Sunny Isles Beach,Florida Vice Mayor Goldman yes Mayor Scholl yes 9D. Revised: An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Repealing Article II Entitled "Telecommunications Right Of Way" Ordinance (Sections 129-20 through 129-61) of Chapter 129 in its Entirety; Amending Article III of Chapter 129 Entitled "Communications Rights-of-Way" Ordinance; Providing for Intents and Purpose; Providing for Definitions; Providing for Registration for Placing or Maintaining Communications Facilities in the Public Rights-of-Way;Providing Requirement of a Permit; Providing Application Requirements and Review Procedures; Providing for a Performance Construction Bond; Providing for Construction Methods; Providing Development and Objective Design Standards; Providing for Fees and Taxes; Providing for Enforcement Remedies; Providing for Severability and Repealer;Providing for Conflicts;Providing for an Effective Date. Action: City Clerk Betancur read the title, and City Attorney Hans Ottinot reported. Public Speakers: None. Commissioner Aelion moved and Commissioner Svechin seconded a motion to approve the Ordinance on second reading. Ordinance No. 2018-531 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Svechin yes Vice Mayor Goldman yes Mayor Scholl yes 9E. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Amending Sections 208-2 of the City Code to Include Authority to Impound Abandoned Dockless Shared-Use Bicycles Within City Rights—of-Way; Providing for Severability; Providing for Inclusion in the Code; Providing for Repeal of Conflicting Provisions;and Providing for an Effective Date. Action: City Clerk Betancur read the title, and City Manager Christopher Russo reported. Public Speakers: None. Commissioner Aelion moved and Commissioner Svechin seconded a motion to approve the Ordinance on second reading. Ordinance No. 2018-532 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Svechin yes Vice Mayor Goldman des Mayor Scholl yes 9F. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Creating 4 Summary Minutes:Regular City Commission Meeting October 18.2018 City of Sunny Isles Beach,Florida Chapter 251 of the Code of Ordinances of the City of Sunny Isles Beach Entitled "Property Assessed Clean Energy (PACE) Program", Providing for Findings of Fact; Providing for Definitions; Providing a Short Title; Providing a Purpose; Providing Pace Program Boundaries; Providing for Pace Local Governments Authorization; Providing for Pace Programs Standards; Providing for Eligible Participants; Providing for Non-Ad Valorem Assessments; Providing for Pace Program Administration; Providing for Recordation; Providing for Notice to Purchaser; Providing for Suspension or Termination; Providing for Enforcement;Providing for Inclusion in the Code; Providing for Severability; Providing for Repeal of Conflicting Provisions; and Providing for an Effective Date. [Clerk's Note: This item was deferred.] 10. RESOLUTIONS 10A. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Authorizing the City Manager to Expend Budgeted Funds in an Amount not to Exceed$100,000.00 with the City of Hialeah to Provide Maintenance,Repair,and Storage Services for the City's Shuttle Buses,Vehicles and Equipment for Fiscal Year 2018-2019; Providing the City Manager with the Authority to Exercise Renewal Options in the Maintenance Agreement Between the City of Sunny Isles Beach and the City of Hialeah;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 Aelion moved and Commissioner Svechin seconded a motion to approve the resolution. Resolution No. 2018-2874 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,Approving the Purchase of a 2019 ElDorado Aerolite Shuttle Bus from Atlantic Bus Sales, in an Amount Not to Exceed $140,000.00, 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 Commissioner Svechin seconded a motion to approve the resolution. Resolution No. 2018-2875 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,Authorizing an Increase in Spending Authority in an Amount not to Exceed $100,000.00 with The Celebration Source,Inc. for Event Rides Rental; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. 5 Summary Minutes:Regular City Commission Meeting October 18,2018 City of Sunny Isles Beach.Florida 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 Gatto seconded a motion to approve the resolution. Resolution No. 2018-2876 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 a Third Amendment to the Agreement with Stockton Maintenance Group, Inc. for Citywide Custodial Services, in an Amount Not to Exceed$142,522.70,Attached Hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Amendment; 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. 2018-2877 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 an Increase in Spending Authority with Team Contracting,Inc. for Sidewalk Repairs in an Amount not to Exceed $199,500.00; Authorizing the City Manager to Do All This Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Betancur read the title, and Assistant City Manager Susan S. Simpson reported. Public Speakers: None Vice Mayor Goldman moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2018-2878 was adopted by a voice vote of 5-0 in favor. 10F. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving Change Order No.22 Relating to the Agreement with ROHL Global Networks,LP for the Collins Avenue Utilities Undergrounding Project, Attached Hereto, in Substantially the Same Form, as Exhibit"A"; Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Betancur read the title,and City Manager Christopher J. Russo reported. Public Speakers: None Vice Mayor Goldman moved and Commissioner Svechin seconded a motion to approve the resolution. Resolution No. 2018-2879 was adopted by a voice vote of 5-0 in favor. 6 Summary Minutes:Regular City Commission Meeting October 18,2018 City of Sunny Isles Beach,Florida 10G. A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving Third Amendment to the Program Grant Agreement for Address Verification Between the City of Sunny Isles Beach and School Board of Miami-Dade County, Attached Hereto, in Substantially the Same Form, as Exhibit"A"; Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution;Providing for an Effective Date. [Clerk's Note: This item was heard in before 6A.]Action: City Clerk Betancur read the title, and City Attorney Hans Ottinot reported. Public Speakers: None Vice Mayor Goldman moved and Commissioner Svechin seconded a motion to approve the resolution. Resolution No. 2018-2880 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, Declaring October 2018 National Domestic Violence Awareness Month; Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Betancur read the title, and Commissioner Larisa Svechin reported. Public Speakers: None Vice Mayor Goldman moved and Commissioner Aelion seconded a motion to approve the resolution. Resolution No. 2018-2881 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,Approving a Request for Extension of Payments for Transfer of Development Rights and Density Bonuses Provided for the Development Project Commonly Known as Estates of Acqualina Located at 17901 Collins Avenue; Approving Promissory Notes Between the City of Sunny Isles Beach and A3 Development LLC.,Attached Hereto as Exhibit"A"in Substantially the Same Form; Authorizing the City Manager and City Attorney 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. 2018-2882 was adopted by a voice vote of 5-0 in favor. 10J. Add On: A Resolution of the City Commission of the City of Sunny Isles Beach,Florida,Approving Site Plan Condition Modification for the Estates at Acqualina Project by A3 Development, LLC. (The "Applicant") for Project Located at 17901 Collins Avenue; 7 Summary Minutes:Regular City Commission Meeting October 18,2018 City of Sunny Isles Beach,Florida Authorizing the City Manager and City Attorney 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 Aelion seconded a motion to approve the resolution. Resolution No. 2018-2883 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 the City Manager to Enter Into an Agreement with the Florida Division of Emergency Management for FEMA Reimbursement;Authorizing the City Manager and City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Betancur read the title, and Assistant City Manager Susan S. Simpson reported. Public Speakers: None Commissioner Aelion moved and Vice Mayor Goldman seconded a motion to approve the resolution. Resolution No. 2018-2884 was adopted by a voice vote of 5-0 in favor. 11. MOTIONS 12. DISCUSSION ITEMS 13. CITIZENS' FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS 14. ADJOURNMENT Commissioner Aelien moved and Commissioner Gatto seconded a motion to adjourn the neetins• Ma or Sc' ell adjourned it at 7:38 p.m. F, Res 0 `al • sub!. tted by: Approve d by the ' ity Commission on ;_� � N,vem.er 15th, 2018 ' r Maur cio; etan,ur, CMC t eorge H. Scholl E d City Clerk Mayor 8