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