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emanating from the restaurant so that such sound does not impact on the residential <br /> neighborhood to the north. <br /> Commissioner Morrow moved, and Commissioner Kauffman seconded a motion to <br /> approve the request in accordance with the conditions imposed by City staff <br /> written and verbal recommendations, and as modified by the applicant through <br /> withdrawals, and written and verbal proffers. [A corrected Declaration of <br /> Restrictive Covenants to be executed] The motion was approved as <br /> Resolution No. 98-Z-7, by a roll call vote of 5-0 in favor. <br /> Vote: Commissioner Iglesias yes <br /> Commissioner Kauffman yes <br /> Commissioner Morrow yes <br /> Vice-Mayor Turetsky yes <br /> Mayor Samson yes <br /> C. ADD-ON ITEM: B.C.L.C., INC. (Contract purchaser — Michael Dezer) Colonial <br /> Palace Apartment/Hotel. [Clerk's Note: Hearing deferred from 1/22/98, (and from <br /> 12/11/97 Commission Meetings) however it was not listed on this agenda since the <br /> applicant had withdrawn the application.] <br /> HEARING NO. (97-122) 97-12-CZ-SUN-1 <br /> LOCATION: 18101 - 18145 Collins Avenue, Sunny Isles Beach <br /> ACTION: City Attorney Dannheisser noted that the City Commission would take <br /> "judicial notice"of the withdrawal of.the application due.to the filing of an alternate plan . <br /> for the site. [The following documents were submitted at the meeting and filed with the <br /> records: letter of 3/19/98 from Clifford Schulman to Jorge Vera; letter of 3/18/98 from <br /> Clifford Schulman to Jorge Vera;.letter of 1/14/98 from Clifford Schulman to.James <br /> DiPietro; and application package with Miami-Dade County staff recommendation.] <br /> 7. ORDINANCES FOR FIRST READING: <br /> A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING <br /> CHAPTER 28, CODE OF MIAMI-DADE COUNTY ENTITLED "SUBDIVISIONS" <br /> MAKING LEGISLATIVE FINDINGS AND SETTING FORTH PURPOSE; REQUIRING <br /> UNDERGROUND UTILITY SERVICE FACILITIES FOR NEW CONSTRUCTION AND <br /> EXISTING STRUCTURES UNDERGOING SUBSTANTIAL REHABILITATION AND <br /> REQUIRING PROPERTY OWNERS IN AREAS WHERE UNDERGROUND <br /> DISTRIBUTION FACILITIES ARE INSTALLED TO PROVIDE FOR NECESSARY <br /> CONVERSION OF THE SERVICE FACILITIES FOR THEIR PROPERTIES FOR USE <br /> OF THE UNDERGROUND DISTRIBUTION FACILITIES WITHIN NINETY (90) DAYS <br /> OF COMPLETION OF THE NEW FACILITIES; REQUIRING EXISTING <br /> UNDERGROUND SERVICES TO REMAIN UNDERGROUND; AUTHORIZING THE <br /> CITY TO PROVIDE FOR CONVERSION OF SERVICE FACILITIES WHEN <br /> PROPERTY OWNERS FAIL TO DO SO TIMELY AND PROVIDING THAT ALL <br /> COSTS INCURRED BY THE CITY IN CONVERTING SERVICE FACILITIES FOR A <br /> PRIVATE PROPERTY SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN UPON <br /> THE PROPERTY, WHICH MAY BE FORECLOSED OR OTHERWISE COLLECTED <br /> Page 5 of 11 - Summary Minutes of the March 26, 1998, City Commission Meeting <br />