CITY OF SUNNY ISLES BEACH, FLORIDA

City Commission Meeting David P. Samson Commission Chambers 18070 Collins Avenue • Sunny Isles Beach, Florida 33160 Thursday, May 21, 2014 – 6:30 p.m.

Mayor George “Bud” Scholl, City Manager Christopher J. Russo, Vice Mayor Jeanette Gatto, City Attorney Hans Ottinot, Commissioner Isaac Aelion,

City Clerk Jane A. Hines, MMC, Commissioner Dana Goldman, Commissioner Jennifer Levin

CALLTO ORDER / ROLLCALLOF MEMBERS
PLEDGE OFALLEGIANCE / INVOCATION
APPROVAL OF MINUTES 3A. Regular City Commission Meeting – April 16, 2015.
ORDER OF BUSINESS (Additions/Deletions/Amendments) 4A. Request to Hear Items.

SPECIAL PRESENTATIONS

A Presentation by Florida State Representative Joseph Geller regarding an Update on Legislation Activities.

A Certificate of Appreciation to be P resented to Timothy Byrd for his Service as President of the Student Council at the Norman S. Edelcup Sunny Isles Beach K-8.

Acknowledgement that the City of Sunny Isles Beach Received the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award for Fiscal Year 2014/2015.

A Special Presentation by the Police Department.

ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. Please be advised that the following items on the Commission Agenda are Quasi- Judicial in nature. If you wish to object or comment upon these items, please complete a Public Speaker’s Card indicating the agenda item number on which you would like to comment. You must be sworn before addressing the Commission and you may be subject to cross-examination. If you refuse to submit to cross-examination, the Commission will not consider your comments in its final deliberation. Please also disclose any Ex-Parte communications you may have had with any Commission member. Commission members must also do the same pursuant to Ordinance No. 97-4.

Request of 17550 Collins Avenue, LLC. for the Residential Condominium Tower/Restaurant Project for the P roperty Located at 17550 Collins Avenue for the Following: (Hearing #PZ2015-10)

Summary:

The Applicant is seeking approval of a site plan application for an 18-story residential tower with a ground floor restaurant.

The application consists of 77 residential units and 165,538 square feet of floor area ratio (FAR). The Applicant is requesting permission to purchase and assign 38,104 square feet of floor area and six (6) dwelling units from the City’s Transfer of Development Rights Bank (“TDR Bank”). Additionally, the Applicant is requesting approval of the use of mural and graphics on temporary construction fencing.
Requests:

Pursuant to Section 265-18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a site plan approval for an 18-story residential tower with 77 residential units and a restaurant with a total Floor Area Ratio (FAR) of 165,538 square feet.
Pursuant to Section 265-23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting permission to purchase and assign public TDRs in the amount of 38,104 square feet of floor area and six (6) dwelling units. If TDR application is approved by the City Commission, an adjustment to be made for a decrease 38,104 square feet of floor area and 21 dwelling units in the City’s TDR Bank.

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. (Hear in Conjunction with Item 10E)

Development Review Report.

Report from Applicant.

Public Hearing.

Commission Action. Protests 1 Waivers 0 Ex Parte 0

ORDINANCES FOR FIRST READING

An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, to Amend Section 265-46(17) of the City Code to Clarify the Size Requirement for Mechanical Parking Stalls; Providing for Severability; Providing for Inclusion in the Code; Providing for Repeal of Conflicting Provisions; and Providing for an Effective Date

Report of City Attorney.

Recommendation: Adopt the Ordinance on first reading and schedule a hearing for second and final reading.
An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 172 (“Human Relations”) of the Code of Ordinances to Prohibit Discrimination Against Persons Based on Gender Identity or Gender Expression; Providing for Severability; Providing for Inclusion in the Code; Providing for Repeal of Conflicting Provisions; and Providing for an Effective Date
Report of City Attorney.

Recommendation: Adopt the Ordinance on first reading and schedule a hearing for second and final reading.

An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 62 of the Code of Ordinances to Clarify that Purchases Less than $50,000.00 May be Made, or Entered into, by the City Manager Without Submittal to the City Commission, But Shall Otherwise Require Compliance with the Competitive Bidding Requirements Set Forth in Chapter 62; Providing for Severability; Providing for Inclusion in the Code; Providing for Repeal of Conflicting Provisions; Providing for an Effective Date

Report of City Attorney.

Recommendation: Adopt the Ordinance on first reading and schedule a hearing for second and final reading.

PUBLIC HEARINGS (Other than Ordinances for Second Reading) None

ORDINANCES FOR SECOND READING

An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Ordinance No. 2014-436; Amending the City’s Budget No. BA1415-04 for the 2014-2015 Fiscal Year – Streets Maintenance Fund and Capital Projects Fund; Authorizing the City Manager to Do All Things Necessary to Implement the Terms and Conditions of this Ordinance; and Providing for an Effective Date.
(First Reading 04/16/15)

Report of Finance Director.

Recommendation: Adopt the Ordinance.

An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 233 (“Special Events”) of the Code of Ordinances to Clarify that a Condominium May Hold Special Events for Guests and Invitees Up to Four (4) Times Per Year; Providing for Severability; Providing for Inclusion in the Code; Providing for Repeal of Conflicting Provisions; and Providing for an Effective Date.
(First Reading 04/16/15)

Report of City Attorney.

Recommendation: Adopt the Ordinance.

Deferred: An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 265-54 of the City Code to Require a Permit for Substantial Repairs of Signs; Providing for Severability; Providing for Repeal of Conflicting Provisions; Providing for Inclusion in the Code; and Providing for an Effective Date. (First Reading 04/16/15)

RESOLUTIONS

A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Rooftop License Agreement by and Between the City of North Miami Beach and the City of Sunny Isles Beach to Use Certain Roof-Top Space at the Heritage Park Parking Garage and the Government Center to Install and Maintain Fixed Network Collector Antennas and Equipment, Attached Hereto as Exhibit “A”; Authorizing the City Manager to Execute Said Agreement and to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.

Report of City Manager.

Recommendation: Adopt the Resolution.

A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Third Amendment to the Agreement with Keefe, McCullough & Co. LLPfor Professional Auditing Services, for a Period of One (1) Year, in an Amount Not to Exceed $46,000.00, 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.

Report of Finance Director.

Adopt the Resolution.

A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a First Amendment to the Lease Agreement Between the City of Sunny Isles Beach and Fly Me to the Moon, LLC, in Substantially the Same Form Attached Hereto as Exhibit “A”; Authorizing the Mayor to Execute Said First Amendment; Authorizing the City Attorney and the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date.

Report of City Manager.

Recommendation: Adopt the Resolution.

A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving Amendments to the City’s Personnel Policy Manual, in Substantially the Same Form as Attached Hereto as Exhibit “A”; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.

Report of Deputy City Manager.

Recommendation: Adopt the Resolution.

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 38,104 Square Feet of Floor Area (FAR) and Six (6) Dwelling Units to 17550 Collins Avenue, LLC for the Property Located at 17550 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. (Hear in Conjunction with Item 6A)

Report of Planning and Zoning Administrator.

Recommendation: Adopt the Resolution.

A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Public School Concurrency Proportionate Share Mitigation Development Agreement Between the School Board of Miami-Dade County and Beach Club Acquisition, LLC. also Known as Turnberry Ocean Club Project Located at 18501 Collins Avenue, in Substantially the Same Form 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 this Resolution; Providing for an Effective Date.

Report of Planning and Zoning Administrator.

Recommendation: Adopt the Resolution.

A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Public School Concurrency Proportionate Share Mitigation Development Agreement Between the School Board of Miami-Dade County and Sunny Isles Property Venture LLC also Known as Ritz Carlton Project Located at 15701 and 15795 Collins Avenue, in Substantially the Same Form 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 this Resolution; Providing for an Effective Date.

Report of Planning and Zoning Administrator.

Recommendation: Adopt the Resolution.

A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Uniform Sign Plan Prepared by Advanced Multi Sign Corp. for the One Netanya Project Located at 323 Sunny Isles Boulevard, Attached Hereto as Exhibit “A”; Authorizing the City Manager and the City Attorney to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.

Report of Planning and Zoning Administrator.

Recommendation: Adopt the Resolution.

A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Authorizing the City Manager to Expend Up to an Amount Not to Exceed $40,000.00 with Elite Tent Company for Rental of Tents and Supplies for the City’s Programs and Special Events; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.

Report of Cultural and Community Services Director.

Recommendation: Adopt the Resolution.

A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with Shorty’s Bar-B-Q, Inc. for Catering Services for the City’s 18th Annual Anniversary Celebration on Sunday, June 7, 2015, in an Amount Not to Exceed $28,870, 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.

Report of Cultural and Human Services Director.

Recommendation: Adopt the Resolution.

A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the Third Amendment to the Agreement with Development Counsellors International (DCI) for Public Relations Services, in a Total Amount Not to Exceed $42,800, 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.

1. Report of Cultural and Community Services Director.

2. Recommendation: Adopt the Resolution.

A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Ratifying In-Kind Support to the Norman S. Edelcup Sunny Isles Beach K-8 for Arbor Day Activities, in an Estimated Amount of $1,000.00; Authorizing the City Manager To Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date.

Report of Cultural and Community Services Director.

Recommendation: Adopt the Resolution.

A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Awarding RFP No. 15-03-01 to and Approving an Agreement with Park One of Florida, LLC to Provide a Customer Service Ambassador for the Pier Park Parking Lot, in a Total Amount Not to Exceed $180,000.00 During the Three-Year Term of this Agreement, 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.

Report of Cultural and Community Services Director.

Recommendation: Adopt the Resolution.

MOTIONS None

DISCUSSION ITEMS None

CITIZENS’ FORUM: REQUESTS, PETITIONS & OTHER COMMUNICATIONS

ADJOURNMENT

In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the City Clerk at (305) 947-0606, no later than 48 hours prior to such proceeding. Anyone wishing to obtain a copy of any agenda item may contact the City Clerk at (305) 947-0606. Anyone wishing to appeal any decision made by the City of Sunny Isles Beach with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.


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