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HomeMy WebLinkAbout1998-0611 Regular City Commission Meeting SUMMARY MINUTES City of Sunny Isles Beach City Commission Meeting — Thursday, June 11, 1998 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:03 p.m. The following officials were present: Mayor David Samson Vice-Mayor Irving Turetsky Commissioner Danny Iglesias Commissioner Connie Morrow City Manager James DiPietro City Attorney Lynn M. Dannheisser City Clerk Richard Brown-Morilla and Commissioner Lila Kauffman was absent. 2. PLEDGE OF ALLEGIANCE: ACTION: Kaitlyn Fried, daughter of Police Commander Nannette Murray, led the Pledge of Allegiance to the flag. 3. APPROVAL OF MINUTES: ACTION: Commissioner Morrow moved and Vice Mayor Turetsky seconded a motion to approve the minutes of the May 28, 1998, Commission Meeting. The motion was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 4. AGENDA/ORDER OF BUSINESS (ADDITIONS/DELETIONS) ACTION: [Clerk's Note:A memo from City Manager DiPietro was submitted at the meeting, advising that the agenda had been revised: substituting items 7-A, 7-B, and 9-B, and adding items 7-C and 10-H). The memo requested motions be approved to approve the new agenda and to take agenda item 10-A out of order to be discussed before item 7-C. A draft letter to be sent to the State Department of Transportation was also added to 11-A.] Vice Mayor Turetsky moved and Commissioner Morrow seconded a motion to substitute the new agenda, to take agenda item 10-A out of order to be discussed before item 7-C, and to substitute a revised Temporary Political Signs Ordinance. The motion was approved by a voice vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes Page 1 of 15 - Summary Minutes of the June 11, 1998, City Commission Meeting See Agenda add-on items 5-A, 7-C, 10-H, and 11-B, 11-C and 12. 5. SPECIAL PRESENTATIONS: A. Add-on item: RECOGNITION SERVICE AWARD FOR CHARTER COMMISSION ACTION: Mayor Samson expressed gratitude and presented a plaque to Emanuel Lassar, CPA, for his work as a member of the Charter Commission that drafted the Municipal Charter that was approved by the voters on June 16, 1997. [City Clerk's note: see also City Commission Summary Minutes of May 28, 1998, agenda item 5-A, for presentation to the other members] 6. ZONING Public Hearings: A. Hearing No. Z980008 REQUEST OF RESIDENCES OF SUNNY ISLES INC, OWNER OF PROPERTY AT THE NORTHWEST CORNER OF 192ND STREET AND COLLINS AVENUE FOR THE FOLLOWING: 1. Unusual Use to permit a home for the aged. 2. Special Exception for site plan approval to permit a proposed home for the aged. 3. Non-Use Variance of setback and spacing requirements to permit proposed garage to setback 10'-3" (20' required) from the front (south) property line and be spaced 15' (20' required) from the principal building. 4. Non-Use Variance of parking requirements to permit 603 parking spaces (718 parking spaces required). 5. Non-Use Variance of parking requirements to permit 95 of the 603 parking spaces to be tandem spaces (not permitted). Ex-parte disclosure 0 Protests 3 Waivers 2 ACTION: City Clerk Brown-Morilla read the applicant's name, hearing number, and location, and *the court Reporter administered the oath to the witnesses for all* of the evening's Zoning hearings. City Attorney Dannheisser read a disclaimer for all*of the evening's Zoning hearings. Public Speakers: Russell Galbut, Esq.; Ronald Lowey, Esq.; Joseph Kaller, AIA; Rosa De La Camara, Esq.; Gerald Schwartz; City Zoning & Code Administrator Jorge Vera; Claire Fuchs; City Building Official Michael Berkman; Harvey Rosenberg, Managing Director of the Aventura Beach Resort; Felice Schwartz; Bruce Wheatley; Cecile Sippin; Edwin J. Stacker, Esq.; Joseph Sonneborn. Mr. Galbut, in part representing the Hebrew Home for the Aged, or the Residences of Sunny Isles, asked to hear items 1 through 3, and to postpone items 4 and 5 for two weeks. Mr. Lowey, representing the Residences of Sunny Isles, a subsidiary of Hebrew Homes, presented the request on behalf of the applicant for the project that would include 160 rooms, 200 beds. Ms. De La Camara, representing the Aventura Beach Club, said she intended to object to the request, but upon hearing Mr. Galbut's request that items 4 and 5 be deferred, she indicated that their failure to object to items 1 through 3 would be conditioned on the request that items 4 and 5 be deferred. Mayor Samson questioned the intended color of the building. City Zoning & Code Administrator Jorge Vera said that City staff has serious reservations on the parking Page 2 of 15 - Summary Minutes of the June 11, 1998, City Commission Meeting issues and the traffic flow (items 4 and 5), and that since parking could impact on the setbacks of item 3, he recommended that item 3 also be deferred for additional staff review and discussion. Mayor Samson asked if the need for the quantity of parking was related to the hotel's (Aventura Beach Club's) needs. Mr. Galbut responded that parking in the garage would be only for the use of the Residences of Sunny Isles facility and for the Aventura Beach Club. Mayor Samson asked that some of the parking be also available for the public. Mayor Samson expressed concern about the current safety problem posed by the exodus of cars from the hotel going into the parking lot. City Building Official Michael Berkman indicated his report would be presented when the other items 3,4 and 5 would be addressed, but there might be a problem achieving the need for public parking in the facility. Edwin Stacker, Esq., representing the residential rental apartment building to the west: Oceanview at Aventura, requested deferral of entire requested items, until parking issues are adequately addressed. Commissioner Iglesias moved, and Commissioner Morrow seconded a motion to approve items 1, and 2, an unusual use to permit a home for the aged, and Special Exception for site plan approval in accordance with staff recommendations and with conditions. The motion was approved as Resolution No. 98-Z-12, by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes Commissioner Iglesias moved, and Vice Mayor Turetsky seconded a motion to defer requested items number 3, 4 and 5 until the July 16, 1998, City Commission meeting. The motion was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 6- B. Hearing No. Z9800015[C] REQUEST OF GOLDEN BAY CLUB ASSOCIATES, LTD, OWNER OF PROPERTY OWNER LOCATED ON THE WEST SIDE OF NORTH BAY ROAD, AT THEORETICAL 170TH STREET FOR THE FOLLOWING: 1) Deletion of Conditions No. 3, 4, & 10 of Resolution 4-ZAB-149-92, passed and adopted by the Zoning Appeals Board on the 29th day of April, 1992, reading as follows: (3.) That a covenant, suitable for recording and meeting with the approval of the Zoning Director, should be submitted to this Department; said covenant to state that the occupancy of the units be limited to transient Page 3 of 15 - Summary Minutes of the June 11, 1998, City Commission Meeting use only(to permit occupancy of up to 2 month maximum per resident per unit) and that the units not serve as a primary residence and that residents not be eligible for Homestead Exemption for this property and the Deeds shall state that, "this property is not Homestead property"with said restriction recorded in the public records of Dade County and included in a deed restriction at time of further platting action. (4.) That (as agreed to and proffered by the attorney to withdraw the request for the 25 condominium , units) the use will strictly be all a homogenous type of development and the entire building will be all time shares. (10.) That the units are to be transient use as transiency is embodied in Florida Statute Section 125.0104. Ex-parte disclosure 0 Protests 0 Waivers 0 Speakers: Stanley Price, Esq.; Michael Berkman, City Building Official; Cecile Sippin; Arnold Klein. Mr. Price said the application was brought about by a lending institution. The original approval indicated that the application would be for transient use. He said the lending institution wanted that language deleted from the restriction, since the new desire was for a residential condominium development. City Building Official Michael Berkman presented his report, and recommended approval with conditions: 1)the applicant provide a written covenant acceptable by the Building Official, which would require that valet parking be maintained on the premises at all times unless and until sufficient parking spaces are provided at the site that in the opinion of the Building Official comply with the Zoning Code minimum parking requirements for multifamily residential structures; 2) use of the dwelling units be restricted by covenant to non-transient occupancy with no rental agreements of a duration of less than 6 months; and 3) applicant eliminate all facilities within the structure which are designed or intended to service transient occupancy, including but not limited to lobby/check-in counter, maid service facilities, etc. Mayor Samson questioned the proposed restriction of no leases for less than 6 months. Mr. Price proffered that the project will comply with all State Condo laws, no problem with restrictions as to parking, but as to leases he asked that the Commission not impose the restriction. City Attorney Dannheisser responded with her understanding of the law. Commissioner Morrow moved, and Vice Mayor Turetsky seconded a motion to approve the item, in accordance with the recommendations and conditions specified by City staff. City Attorney Dannheisser suggested modifying the motion to be an approval, in accordance with all staff recommendations and conditions, except for the restriction of minimum rental of 6 month periods unless it is so provided by State law on the issue. The restated motion was approved as Resolution No. 98-Z-13, by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes Page 4 of 15 - Summary Minutes of the June 11, 1998, City Commission Meeting 6- C. Hearing No. Z97000480a[C] REQUEST OF MARINA BAY CLUB, INC., OWNER OF PROPERTY SOUTH OF NORTH BAY ROAD, BETWEEN 182ND DRIVE AND ATLANTIC BOULEVARD FOR THE FOLLOWING: 1. Modification of Condition #2 of Resolution 4-ZAB-235-92 passed and adopted by the Zoning Appeals Board on the 15`h day July, 1992 reading as follows: From: #2 - That in the approval of the plan, the same be substantially in accordance with that submitted for the hearing entitled "Belle Vere Condominium,"as prepared by Tomas Ortiz and Associates, Inc.,dated 4/06/92, except as herein modified to require that the 8' high garden wall be placed 2' in from the abutting property and that landscaping be provided between the property line and said wall. To: #2 - That in the approval of the plan the same be substantially in accordance with that submitted for the hearing entitled "Golden View Apartments," prepared by Kobi Karp Architects dated 11/10/97 consisting of 11 sheets. The purpose of this request is to allow the applicant to submit new plans showing additional floors to the previously approved building plans. 2. Non-Use Variance of floor area ratio requirements to permit a proposed building with an F.A.R. of 2.5 (2.0 permitted) (1.88 previously approved). 3. Non-Use Variance of setback requirements to permit proposed building to setback 33.5' (45.36' required)from the rear(east) property line, setback 25.25' (43.77' required) from the side street (north & northwest) property line and setback 28.75' (43.77' required) interior side (south) property line. Ex-parte disclosure 0 Protests 2 Waivers 0 ACTION: City Clerk Brown-Morilla read the applicant's name, hearing number, and location, and the court reporter administered the oath to the witnesses for the Zoning hearing. City Attorney Dannheisser read a disclaimer for the record. Public Speakers: Stanley Price, Esq.; Kobi Karp, AIA; Michael Berkman, City Building Official Mr. Price, representing the applicant, raised an issue regarding the accuracy of the re- notice. Mr. Berkman recommended that the request be withdrawn, and if not, that the request be denied as it is inconsistent with the Comprehensive Plan. Since he hadn't seen the plans that were submitted recently, he therefore couldn't comment on any change the applicant was proposing to the plans. He suggested a deferral. Price requested a two week deferral. Mayor Samson passed the gavel, then moved and Commissioner Morrow seconded a motion to defer the item until the July 16, 1998, City Commission meeting. The motion was approved by,a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes Page 5 of 15 - Summary Minutes of the June 11, 1998, City Commission Meeting 6- D. Hearing No. Z980006 REQUEST OF EMERALD COAST AVENTURA, INC., PROPERTY OWNER OF 16850 COLLINS AVENUE FOR THE FOLLOWING: 1. Special Exception to permit a bar in conjunction with a proposed restaurant. 2. Special Exception of Spacing Requirements as applied to alcoholic beverage uses, to permit aforementioned bar spaced less than the required 1,500 ft from other alcoholic beverage uses and spaced less than the required 2,500 ft from a religious facility. Ex-parte disclosure 0 Protests 0 Waivers 0 ACTION: City Clerk Brown-Morilla read the applicant's name, hearing number, and location, and the court reporter re-administered the oath to the witnesses for the Zoning hearing. *City Attorney Dannheisser read a disclaimer for the record. Public Speakers: David Williams, President of Emerald Coast Aventura, Inc.; Rick Slazyk, AIA Mayor Samson asked about hours of operation. Mr. Williams said the buffet would probably close at 10:30 p.m. on Friday and Saturday and earlier during the week. Mayor Samson said he wanted no stools at the bar. Vice Mayor Turetsky asked if the applicant would agree to a closing time of midnight. City Attorney Dannheisser said the liquor license hours would govern. Commissioner Morrow moved Vice Mayor Turetsky seconded the motion to approve City staff recommendations and conditions . The motion was approved as Resolution No. 98-Z-14, by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow Vice-Mayor Turetsky yes Mayor Samson yes 7. ORDINANCES FOR FIRST READING: A. [City Clerk's note: *a revised proposed Ordinance was handed-out and filed with the meeting records.] AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, GOVERNING THE INSTALLATION, MAINTENANCE AND DISPLAY OF TEMPORARY POLITICAL SIGNS IN THE CITY OF SUNNY ISLES BEACH; PROVIDING FOR DEFINITIONS; PROVIDING LOCATION AND INSTALLATION SIZE AND NUMBER; TIME PERIOD; BOND REQUIREMENTS; PROVISION FOR REMOVAL OF IMPROPER SIGNS; ENFORCEMENT AND PENALTIES; PROVIDING FOR APPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION INTO THE CODE AND AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City Attorney Dannheisser introduced the item which had been requested by Commissioner Kauffman. Public Speakers: none Commissioner Morrow moved and Commissioner Iglesias seconded a motion to Page 6 of 15 - Summary Minutes of the June 11, 1998, City Commission Meeting approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 4-0-1 in favor. Second reading, public hearing will be June 25, 1998. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 7- B. - = • 7- C. Add-On item [City Clerk's note: *a proposed Ordinance was handed-out and filed with the meeting records.) AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF A UTILITIES TAX REVENUE BOND, SERIES 1998,OF THE CITY OF SUNNY ISLES BEACH, FLORIDA IN A PRINCIPAL AMOUNT NOT TO EXCEED $4,900,000 FOR THE PURPOSES OF FINANCING ALL OR A PORTION OF THE COSTS OF ACQUISITION OF CERTAIN REAL PROPERTY AND IMPROVEMENTS THEREON LOCATED AT 17425 AND 17451 COLLINS AVENUE IN THE CITY FOR USE AS AN OCEANFRONT PARK AND OF PAYING CERTAIN COSTS RELATED THERETO; DETERMINING THE NEED FOR A NEGOTIATED SALE OF SUCH BOND TO SUNTRUST BANK, MIAMI, N.A.; PROVIDING FOR THE TERMS AND PAYMENT OF SUCH BOND AND FOR THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SUCH BOND; DESIGNATING SUCH BOND AS A"QUALIFIED TAX-EXEMPT OBLIGATION"WITHIN THE MEANING OF SECTION 265(b)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SUCH BOND; AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City Finance Director Jack Neustadt explained that the ordinance was to authorize a loan from Suntrust Bank not to exceed 10 years, at 4.36% interest to finance the purchase the Beach Cove and Princess Beach properties.. Public Speakers: none Vice Mayor Turetsky moved and Commissioner Iglesias seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 4-0-1 in favor. Second reading, public hearing will be June 25, 1998. Vote: Commissioner Iglesias Yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yn Mayor Samson yes 8. ORDINANCES FOR SECOND READING ( PUBLIC HEARINGS) A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA AMENDING SECTION 21-28 (K) OF THE CODE OF MIAMI-DADE COUNTY RELATING TO THE PERMISSIBLE HOURS OF OPERATION OF POWER TOOLS, CONSTRUCTION EQUIPMENT AND LANDSCAPING EQUIPMENT; REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City Manager DiPietro introduced the item. Public Speakers: none Commissioner Morrow moved and Vice Mayor Turetsky seconded a motion to adopt Paee 8 of 15 - Summary Minutes of the June 11, 1998, City Commission Meeting the ordinance on second reading. Ordinance No. 98-34 was adopted by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 8- B. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA REPEALING SECTION 33-122.2 OF THE CODE OF MIAMI-DADE COUNTY, WHICH REQUIRES PROPERTY OWNERS TO PROVIDE PARKING SPACES SPECIFICALLY DESIGNED FOR PERSONS TRANSPORTING YOUNG CHILDREN UNDER THE AGE OF THREE (3) AND STROLLERS, PROVIDING FOR SEVERABILITY, REPEALER AN AND EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City Building Official Michael Berkman introduced the item noting that there is no documented empirical evidence to support the requirement. Public Speakers: none Vice Mayor Turetsky moved and Commissioner Morrow seconded a motion to adopt the ordinance on second reading. Ordinance No. 98-35 was adopted by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 8- C. ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA AMENDING CHAPTER 19, LOT JUNK, GARBAGE AND TRASH CLEARING OF THE MIAMI- DADE COUNTY CODE TO AMEND SECTION 19-3(L)VIOLATIVE CONDITIONS;TO AMEND SECTION 19-5 SCHEDULE AND FAILURE TO COMPLY AND SECTION 19- 7 CONDITION TO BE REMEDIED BY COUNTY; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance, and City Manager DiPietro explained that eight inch high grass cutting was being proposed as the City's standard. Public Speakers: none Commissioner Morrow moved and Commissioner Iglesias seconded a motion to adopt the ordinance on second reading. Ordinance No. 98-36 was adopted by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes Page 9 of 15 - Summary Minutes of the June 11, 1998, City Commission Meeting 9. RESOLUTIONS: A. THIS ITEM WAS AN ADVERTISED PUBLIC HEARING: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA RATIFYING ADMINISTRATIVE ZONING MORATORIUM ISSUED BY CITY MANAGER; DIRECTING CITY ATTORNEY TO PREPARE AN ORDINANCE WHICH PROPOSES TO ADOPT A ZONING AND BUILDING MORATORIUM WITHIN THE CORPORATE LIMITS OF THE CITY OF SUNNY ISLES BEACH, FLORIDA DURING THE CONSIDERATION BY THE CITY OF ADOPTING OF ITS OWN COMPREHENSIVE PLAN; DIRECTING THE CITY CLERK TO CALL A FIRST READING, PUBLIC HEARING FOR 7:00 P.M. ON THURSDAY, JUNE 25, 1998, AT CITY COMMISSION CHAMBERS, SUITE 250, 17070 COLLINS AVENUE, SUNNY ISLES BEACH, FLORIDA, TO CONSIDER ADOPTION OF SAME AND TENTATIVELY SCHEDULE A SECOND READING PUBLIC HEARING FOR 7:00 P.M. ON THURSDAY, JULY 16, 1998, AT CITY COMMISSION CHAMBERS, SUITE 250, 17070 COLLINS AVENUE, SUNNY ISLES BEACH, FLORIDA, AND PROVIDING AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed resolution. City Attorney Dannheisser introduced the item which was sponsored by Mayor Samson, noting that a City Commission Public Workshop had been held earlier this day to discuss the proposed Zoning and Building Moratorium while the City was in the process of adopting its own Comprehensive Master Plan. Public Speakers: Lawrence Balaban; Tim Clune; City Building Official Michael Berkman; Kobi Karp, AIA; Peter Weiner; Kimberly Kirschner; Cecile Sippin. In response to a question, City Attorney Dannheisser clarified that if the moratorium proposed by the ordinance was approved, it would be effective from July 16, 1998 for six months, but could later be extended beyond the initial period. She clarified that the current administrative moratorium is only on zoning, but if the proposed ordinance is adopted it would be a Building and Zoning Moratorium. Mayor Samson espressed support for a moratorium for six months to make our new City a jewel. Commissioner Morrow moved and Commissioner Iglesias seconded a motion to adopt the resolution. Vice Mayor Turetsky asked if he could abstain from voting. Resolution No. 98- 54 was adopted by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman absent Commissioner Morrow y Vice-Mayor Turetsky yes Mayor Samson ves 9- B. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE CONTRACT FOR THE SALE AND PURCHASE OF 17451 COLLINS AVENUE KNOWN AS THE PRINCESS BEACH MOTEL ON THE TERMS AND CONDITIONS SET FORTH IN THE CONTRACT FOR SALE AND PURCHASE AND ADDENDUM ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SUCH CONTRACT; PROVIDING FOR AN EFFECTIVE DATE. (4/5 vote required) ACTION: [City Clerk's note: *a revised resolution was handed-out and filed with the meeting records.] City Clerk Brown-Morilla read the title of the proposed resolution, Page 10 of 15 - Summary Minutes of the June 11, 1998, City Commission Meeting and City Attorney Dannheisser advised that the resolution would also defer the closing date from June 15, to June 26, 1998, and for the City to cover the per diem cost of the lessee from June 15, until the day of closing. This was necessitated by the fact that the ordinance to provide the financing was not scheduled for second reading until June 25, 1998. Commissioner Morrow moved and Commissioner Iglesias seconded a motion of approval of the amended resolution. Resolution No. 98- 55 was adopted by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky ves Mayor Samson yes 9- C. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING ADDENDUM NO. 3 TO CONTRACT FOR THE SALE AND PURCHASE OF 17425 COLLINS AVENUE KNOWN AS BEACH COVE RESORT ON THE TERMS AND CONDITIONS SET FOR IN EXHIBIT"A";AUTHORIZING THE MAYOR TO EXECUTE THE ADDENDUM AND ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE TRANSFER; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO TAKE WHATEVER ACTIONS NECESSARY TO EFFECTUATE THE TRANSFER. (4/5 vote required) ACTION: City Clerk Brown-Morilla read the title of the proposed resolution, and City Attorney Dannheisser introduced the item explaining that an environmental audit was required. It appears there is no storage tank. Commissioner Iglesias moved and Commissioner Morrow seconded a motion to adopt the resolution. Resolution No. 98- 56 was adopted by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 9- D. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR THE CONSTRUCTION OF THE GOLDEN SHORES DRAINAGE IMPROVEMENT PROJECT ATTACHED AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed resolution, and City Manager DiPietro said the estimated cost of the project is approximately$711,000, to be paid from a combination of storm water fees and gas tax money. County plans are to do the construction between October, 1998 and March, 1999. Vice Mayor Turetsky moved and Commissioner Morrow seconded a motion to adopt Page 11 of 15 - Summary Minutes of the June 11, 1998, City Commission Meeting the resolution. Resolution No. 98- 57 was adopted by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 9- E. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR THE DESIGN OF CERTAIN DRAINAGE IMPROVEMENT PROJECTS ATTACHED AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed resolution, and City Manager DiPietro introduced the item, noting that the agreement was for the planning stage. He expressed the hope that construction would start from July to October of 1999, and be completed within four to six months thereafter. Vice Mayor Turetsky moved and Commissioner Morrow seconded a motion to adopt the resolution. Resolution No. 98- 58 was adopted by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 9- F. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A DEPARTMENT OF TRANSPORTATION MAINTENANCE LANDSCAPING MEMORANDUM OF AGREEMENT ATTACHED HERETO AS EXHIBIT "A." ACTION: City Clerk Brown-Morilla read the title of the proposed resolution, and City Manager DiPietro introduced the item. Turetsky asked about the City's true cost, as compared with the State reimbursement. The City Manager answered that our costs are higher but we would have better maintenance and less litter. Commissioner Iglesias announced he would abstain since he is employed by FDOT. Commissioner Morrow moved and Vice Mayor Turetsky seconded a motion to adopt the resolution. Resolution No. 98- 59 was adopted by a roll call vote of 3-0-2 in favor. Vote: Commissioner Iglesias Abstain Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes Page 12 of 15 - Summary Minutes of the June 11, 1998, City Commission Meeting 10. MOTIONS: A. AWARD OF BID - SUNNY ISLES BEACH OCEANFRONT PARK FINANCING. ACTION: [City Clerk's note: This item was read following agenda item 7-B; see also related agenda item 7-C.] City Clerk Brown-Morilla read the title. City Finance Director Jack Neustadt introduced the item explaining it was to authorize a loan from Suntrust Bank not to exceed 10 years, at 4.36% interest to finance the purchase the Beach Cove and Princess Beach properties. He also noted that the City has been recommended to receive County Safe Neighborhood Parks Bond funds for an award of $2 million, which if received, would be used to reduce the outstanding loan, without penalty. Commissioner Iglesias moved and Vice Mayor Turetsky seconded a motion to approve, which was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson B. RANKING OF LANDSCAPE ARCHITECTURAL FIRMS TO PROVIDE RIGHT-OF- WAY MASTER PLAN SERVICE. ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced the item, asking that the Commission give a most qualified ranking to Rosenberg Design Group. If approved, staff would negotiate a contract and bring it back for Commission approval. Commissioner Iglesias disclosed he would abstain from voting since he is employed by FDOT, and Mr. Rosenberg is employed by FDOT. Commissioner Morrow moved and Vice Mayor Turetsky seconded a motion to approve the item. The motion was approved by a roll call vote of 3-0-2 in favor. Vote: Commissioner Iglesias Abstain Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes [City Clerk's note: agenda items C, D, E, and F were approved under one motion] C. CHANGE ORDER TO PURCHASE ORDER 019, TO ADD POLICE DEPARTMENT TO TELEPHONE SYSTEM. ACTION: Commissioner Morrow moved and Commissioner Iglesias seconded a motion to approve items C, D, E, and F. The motion was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes Page 13 of 15 - Summary Minutes of the June 11, 1998, City Commission Meeting D. PURCHASE OF POLICE RADIO SYSTEM PHASE 1 , FISCAL YEAR 1997/98 BUDGET. ACTION: [City Clerk's Note: see agenda item 10-C for the vote of approval.] E. PURCHASE OF POLICE RADIO SYSTEM PHASE 2, FISCAL YEAR 1998/99 BUDGET. ACTION: [City Clerk's Note: see agenda item 10-C for the vote of approval.] F. PURCHASE OF POLICE BODY ARMOR. ACTION: [City Clerk's Note: see agenda item 10-C for the vote of approval.] G. AWARD OF BID - FENCE STORAGE AREA. ACTION: City Clerk Brown-Morilla read the title, and City Public Works Superintendent Robert Pushkin introduced the item. Vice Mayor Turetsky moved and Commissioner Morrow seconded a motion to approve the item. The motion was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky Mayor Samson yes H. Add-On item: RANKING OF PLANNING FIRMS TO PROVIDE COMPREHENSIVE MASTER PLAN SERVICES ACTION: City Manager DiPietro introduced the item, asking that the Commission give a most qualified ranking to Walter H. Keller, Inc. Commissioner Iglesias disclosed he would abstain from voting since he is employed by FDOT, and Mr. Keller is employed by FDOT. Commissioner Morrow moved and Vice Mayor Turetsky seconded a motion to approve the item. The motion was approved by a roll call vote of 3-0-2 in favor. Vote: Commissioner Iglesias Abstain Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky yes Mayor Samson yes 11. DISCUSSION ITEMS: A. RESPONSE TO FLORIDA DEPARTMENT OF TRANSPORTATION WITH RESPECT TO COLLINS AVENUE SAFETY REPORT. [Clerk's Note: A draft letter to be sent to the State Department of Transportation was submitted at the meeting and added to agenda item 11-A.] ACTION:City Clerk Brown-Morilla read the title. City Manager DiPietro recommended supporting the State's recommendations. Additionally he noted that we are asking that the speed limit be changed on Collins Avenue to 30 miles per hour, and include pavement markings, that international signage is needed in the City to discourage mid-block crossings, that safety street lights need top be added to the east side of Page 14 of 15 - Summary Minutes of the June 11, 1998, City Commission Meeting Avenue from 170`h Street to 185t Street, a number of no turn on red signs are need as you drive east, intending to turn south on A1A. Commissioner Iglesias recommended that the Manager involve the Community Traffic Safety Program to get the neighborhood involved in safety. Commissioner Morrow moved and Vice Mayor Turetsky seconded approval of sending the letter to the State Department of Transportation,which was approved by a roll call vote of 4-0-1 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman absent Commissioner Morrow yes Vice-Mayor Turetsky ves Mayor Samson yes B. Add-on item: Mayor Samson introduced Ms. Lauren Morris, of U.S. Congressman E. Clay Shaw's office. Ms. Morris announced that she would be meeting with any interested individuals on a first come basis on Wednesday June 24, 1998, from 10:00 a.m. to noon, in City Hall. C. Add-on item: Mayor Samson complimented the City Public Works Superintendent Pushkin for the successful installation of 45 litter receptacles in the City. D. Add-on item: Mayor Samson requested that if anyone had any problems they come to City Hall. 12. REQUESTS, PETITIONS & OTHER COMMUNICATIONS: none A. Stanley Price advised that the Zoning Public hearing (request of 17070 Collins Avenue Shopping Center Ltd) scheduled for the June 25, 1998,City Commission meeting would be deferred at the meeting, due to the failure of the applicant to mail the required notices in time. 13. ADJOURNMENT: At 10:12 p.m. Vice Mayor Turetsky moved for adjournment, and the meeting was adjourned. Respectfully,submitted by: Approved by, e City Commission this 25`h y '¢s�`.P i4Yg,�,\ day of Junes 1 .98. / C)' .y •:C _fr - sue/./ - Me I l,-. 1Richard Brown-M&illa, City Clerk David Samson, May.r F i Lv Page 15 of 15 - Summary Minutes of the June 11, 1998, City Commission Meeting