HomeMy WebLinkAbout1998-1008 Regular City Commission Meeting •
SUMMARY MINUTES
City of Sunny Isles Beach
City Commission Meeting — Thursday, October 8, 1998
1. CALL TO ORDER/ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Samson at 7:02 p.m. The following officials were
present:
Mayor David Samson
Vice-Mayor Irving Turetsky
Commissioner Danny Iglesias
Commissioner Lila Kauffman
Commissioner Connie Morrow
City Manager James DiPietro
City Attorney Lynn M. Dannheisser
City Clerk Richard Brown-Morilla
2. PLEDGE OF ALLEGIANCE:
ACTION: Vice Mayor Irving Turetsky led the Pledge of Allegiance to the flag.
3. APPROVAL OF MINUTES: none
4. AGENDA/ORDER OF BUSINESS (ADDITIONS/DELETIONS)
ACTION: [Clerk's Note: A package of memos from City Manager DiPietro was submitted at the
meeting:providing additional documentation for agenda items 6-D,and 9-D,and adding-on agenda
items 7-B, 9-E, and 10-B]
City Attorney Lynn Dannheisser withdrew agenda item 7-A, saying that it would come back on
the November agenda.
Commissioner Morrow moved and Commissioner Kauffman seconded a motion to add-on new
agenda items 7-B,9-E, and 10-B. The motion was approved by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias ves
Commissioner Kauffman ves
Commissioner Morrow ves
Vice-Mayor Turetsky ves
Mayor Samson ves
[Clerk's note: see each agenda item below for details]
See also add-on item 10-C.
Summary Minutes of the October 8, 1998, Regular City Commission Meeting - Page 1 of 13
5. SPECIAL PRESENTATIONS: none
6. ZONING PUBLIC HEARINGS:
A. Hearing No. Z98-13
REQUEST OF AVENTURA BEACH CLUB CONDOMINIUM ASSOCIATION, INC.,
OWNER OF PROPERTY LOCATED AT 19201 COLLINS AVENUE FOR A NON-USE
VARIANCE OF PARKING REQUIREMENTS TO PERMIT AN EXISTING
APARTMENT/HOTEL WITH 393 PARKING SPACES (603 SPACES REQUIRED).
Ex-parte disclosures 0 Protests 0 Waivers 0
ACTION:[The Public Hearing for agenda item 6-B, No. Z980008 was held simultaneously
with this item] City Clerk Brown-Morilla read the applicant's name, hearing number, and
location. *The City Clerk 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: John Dellagloria, Esq.;Ron Lowy, Esq.; Building Official Michael Berkman;
Zoning&Code Administrator Jorge Vera.;Russell Galbut,Esq.;Mark Solov,Esq.; Alan Tinter
(transportation engineer); Judge Manuel Ramos.
Mr. Dellagloria, Esq, representing Crescent Heights, explained that between the two projects,
(the Aventura Beach Club, and Hebrew Home for the Aged) the Aventura Beach Club was
seeking a 210 space parking variance, which would be all valet parking. He noted that the two
staff conditions were acceptable to the applicant.
As to the Residences of Sunny Isles Beach application,Mr.Dellaglori a suggested modifications
to the Planning staff conditions. Michael Berkman said that the project would add 368 real
parking spaces. Mayor Samson questioned the access to the proposed entrance,and Mr. Galbut
responded, citing an agreement between the neighbors regarding a landscaped buffer, and that
there were unresolved issues concerning widening the road. Mr. Solov, Esq, representing
Oceanview, expressed concerns regarding the width of the easement.
Mayor Samson suggested calling a recess to allow the applicants and neighbor to talk outside
and attempt to achieve consensus. Mr. Berkman read the following clarification as to condition
#2 for the Residences of Sunny Isles Beach:
"2. That all garage and surface parking spaces shall be specifically designated for use by
either the Aventura Beach Club Condominium Association or for the Residences of
Sunny Isles,Inc.,in order to insure that each such entity shall have the necessary required
parking. The designated Parking Plan shall be approved by the Building Official prior
to the issuance of any Certificate of Occupancy for the use of the Residences of Sunny
Isles."
Commissioner Morrow moved and Commissioner Iglesias seconded a motion to briefly recess
the two public hearings, which was approved by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias ves
Commissioner Kauffman ves
Commissioner Morrow y
Summary Minutes of the October 8, 1998, Regular City Commission Meeting - Page 2 of 13
•
Vice-Mayor Turetsky ves
Mayor Samson ves
[City Clerk's note: A recess was called, and the meeting continued with other agenda items,
eventually returning to the joint public hearing on these two applications.]
After the recess, Mr. Berkman used a diagram to report that the sidewalk is 5' not 6',
landscaping would remain at 8',they would narrow by 6" to widen a total of 12"each side- for
a total of two feet - which will enable them to widen two lanes from 10' to 11' bringing them
closer to FDOT standard; they are willing to extend the transition in a standard DOT right turn
lane configuration; they have agreed to take down the wall and heavily landscape the area so
the building would not be visible; an unobstructed sign feature would be dedicated to
Intercoastal; they have not agreed to changing to a one way out only.
Mayor Samson noted drivers would be making a left turn into Intercoastal, then a left turn into
the property. He wants them to make a right hand turn only. Mr. Solov expressed concern
about traffic coming out, and the width. Mr. Dellagloria stated that the valets will be required
to use the Intracoastal entrance to enter the parking area to get to the garage.
Mr. Galbut said this is a 4 acre site and they have taken out one entrance and one exit. Mr.
Berkman noted they have eliminated one of the curb cuts. Mayor Samson expressed concern
there will be many accidents. Mr. Galbut agreed to give a covenant that they would instruct the
valets that they must use the entrance, and there would be a MI-time attendant so that if any
valet attempted to use the wrong entrance, they would no longer work for the Aventura Beach
Club.
It was agreed that during construction the main front entrance will be used. Mayor Samson said
he wanted to have the sign taken down now. Mr. Galbut agreed.
Mr. Dellagloria said the applicant had agreed to underground the two utility poles that are on
the north end of the property, both on the west side of Collins.
Vice Mayor Turetsky moved and Commissioner Morrow seconded a motion to approve the
request. The motion was approved as Resolution No. 98-Z-22, by a roll call vote of 5-0
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow y
Vice-Mayor Turetsky yes
Mayor Samson
6. B. Hearing No. Z980008
REQUEST OF RESIDENCES OF SUNNY ISLES INC., OWNER OF THE PROPERTY
LOCATED AT THE NORTHWEST CORNER OF 192'STREET AND COLLINS AVENUE
FOR THE FOLLOWING:
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 508 parking spaces (718 spaces
Summary Minutes of the October 8, 1998, Regular City Commission Meeting - Page 3 of 13
required).
Ex-parte disclosures 0 Protests 0 Waivers 0
ACTION:[The Public Hearing for this item was heard simultaneously with agenda item 6-A,
No. Z98-13, see detail above] City Clerk Brown-Morilla read the applicant's name, hearing
number, and location. *The City Clerk 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.
The applicant withdrew the request for a parking variance following the vote on agenda item
6-A. Commissioner Morrow moved and Commissioner Iglesias seconded a motion to
approve the request. The motion was approved as Resolution No. 98-Z-23, by a roll call
vote of 5-0
•
Vote: Commissioner Iglesias ves
Commissioner Kauffman Les
Commissioner Morrow yes
Vice-Mayor Turetsky yes
Mayor Samson ves
6. C. Hearing No. Z970001261c]
REQUEST OF CASTELITA NVESTMENT CORP./M & N PROPERTIES L.L.C./D.P.
CARAVAN L.L.0 , OWNER OF PROPERTY LOCATED AT 19101-191111-19115
COLLINS AVENUE FOR THE FOLLOWING:
1. Special Exception for site plan approval to permit an apartment hotel.
2. Non Use Variance of lot coverage requirements to permit proposed development with a
lot coverage of 49% (40% permitted).
3. Non Use Variance of floor area ratio (F.A.R.) requirements to permit a floor area ratio
of 2.98 for the proposed development (2.0 F.A.R. permitted).
4. Non Use Variance of setback requirement to permit proposed building to setback 140 ft
(185.6 ft required) from the rear(east) property line.
5. Non Use Variance of setback requirement to permit proposed building to setback 25 ft
(215 ft required) from the interior side (south) property line and setback 87.67 ft (148 ft
required) from the interior side (north) property line.
6. Non Use Variance of height requirements to permit proposed building with a height
varying from (29 floors) 291 ft to (42 floors 422 ft (71.28 ft to 370 ft permitted height).
Ex-parte disclosures 0 Protests 0 Waivers 0
ACTION: City Clerk Brown-Morilla read the applicant's name, hearing number, and location.
*The City Clerk 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: Kobi Karp requested deferral until November 12, 1998
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to defer
consideration of the application until November 12, 1998, at 7:00 p.m.,, which was
approved by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias yes
Summary Minutes of the October 8, 1998, Regular City Commission Meeting - Page 4 of 13
Commissioner Kauffman y
Commissioner Morrow yes
Vice-Mayor Turetsky yeS
Mayor Samson ves
6. D. REQUEST OF D.P. COLONIAL LLC, OWNER OF PROPERTY LOCATED AT 18101-
18145 COLLINS AVENUE IS REQUESTING PURSUANT TO SECTION 33.222 OF THE
CODE OF MIAMI-DADE COUNTY THAT THE CITY ACCEPT A GRANT OF
ADDITIONAL BEACH FRONT ACCESS EASEMENT OF 44 FEET, WHICH WOULD
ALLOW A BONUS OF FLOOR AREA RATIO RESULTING IN A FINAL FLOOR AREA
RATIO OF 2.7.(deferred from 09/17/98)
Ex-parte disclosures 0 Protests 0 Waivers 0
[Clerk's Note: Documents were submitted at the meeting: providing additional documentation
for this agenda item]
ACTION: City Clerk Brown-Morilla read the applicant's name,hearing number, location,and
request. *The City Clerk 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: Cliff Schulman, Esq.; Jorge Vera , Bennett Lifter; Rebecca Henderson, Esq.;
Francis Lucas
Mr. Schulman quoted a portion of County Code Section 33-222, regarding receiving a bonus
of FAR for every one foot dedicated by easement (oceanfront beach access easement), saying
his client is offering an extra 44 feet for beach access easement for a total of 56 feet. He
promised that there would be no increase in height from what was previously approved and no
increase in units on the site. Commissioner Kauffman asked what the developer would get for
the extra footage of access easement. Mr. Schulman noted they would get an increase in FAR
from 2.5 to 2.7, which would allow for an extra 47,000 square feet of development, which
could result in larger units, larger ballroom, etc.
Mayor Samson inquired about the height of the building. Mr. Schulman reminded the
Commission they had previously approved two buildings with stepped heights ranging in the
taller building from 47 stories, 42 and 38 stories, and the second building ranging from 42
stories to 38, 34, and 30 stepped stories. [City Clerk's note: see agenda item 6-B on May 28,
1998] He said the Commission had previously not agreed to the requested 2.99 FAR and had
eliminated 110,000 square feet of development by only approving an FAR of 2.5. Mr.Vera said
Planning and Zoning staff agree with the request, noting that we already have 12 feet of beach
access, and the developer was offering to provide an additional 44 linear feet, for a total of 56
feet. He noted that for every square foot of linear space the developer gets two square feet of
floor area.
City Manager DiPietro noted that the offer of the easement was from 9 a.m. to 9 p.m.,whereas
the original 12 foot easement was for 24 hours-a-day.
Mayor Samson clarified the access would be wide open, with vehicular access, no walls or
Summary Minutes of the October 8, 1998, Regular City Commission Meeting - Page 5 of 13
parked cars, but with a fence at the back to close at 9 p.m. - with the understanding that
emergency vehicles would have unrestricted access. Mr. Schulman said that a portion of the
56' easement (approximately 10' to 12') would be used for the developers entrance and their
vehicles, with the remainder as landscaped, open space and pedestrian way. City staff must
approve any design. Mayor Samson asked if the project was an apartment/hotel, a condo or
hotel. Mr. Schulman said it is currently an"apartment/hotel." They can't exceed a density of
265 units.
Ms.Rebecca Henderson,Esq. stated that Mr. Schulman only cited a portion of the County Code
section dealing with bonus of FAR. She cited the legislative history of County Code § 33-222,
Floor Area Ratio, noting that the maximum is 2.0 FAR. [City Clerk's note: Ms. Henderson
submitted documents for the record: County Code § 33-222, Floor Area Ratio; and transcript
of Zoning hearing 6-B, from the May 28, 1998 City Commission meeting] She asserted that
the Code doesn't permit,and therefor the City Commission does not have the right to grant what
Mr. Schulman was seeking. Ms. Henderson said an applicant was not permitted to get a
variance and then later seek to obtain a grant of a bonus. She reminded that the Mayor's motion
in May had been to grant the variance on the condition that the FAR was reduced to 2.5 and the
density at 50 units per acre. She argued that to approve the new request for a bonus increasing
the FAR on the project to 2.7,would violate the variance. She claimed the developer had plans
to build a structure (sales office and model) that would block the beach access easement for
several years. She asserted the larger access area would adversely impact the neighboring
properties with safety and nuisance issues.
Mr. Berkman said staff had previously done an analysis of 2.99 FAR and had given a positive
recommendation. He noted the applicant was now seeking a bonus to reach an FAR of 2.7,
and staff still recommends it. Our Comprehensive Plan has beach access as a major component
and so to be opposed to getting more beach access would violate the Comp Plan. He asserted
that getting the additional beach access easement would be a tremendous benefit.
Commissioner Kauffman asked why do we need 55 feet for a beach access, if we already have
12 feet for access. Mr. Berkman said it is valuable for recreation purposes. Commissioner
Morrow asked if we approve this FAR, can the project be situated so as to reduce its negative
shadow that would be cast on the Suez. Mr. Francis Lucas, Suez owner, said he had no
objection to a 12' beach access, but 56' access/roadway is objectionable.
Commissioner Iglesias noted this request is for an FAR of 8% more than was previously
granted,and the city would be getting the equivalent of a"mini-park"in return. Mayor Samson
asked if it was true that the access would be obstructed . Mr. Schulman said "yes" during
construction for safety reasons.He noted the easement will be in escrow,until after construction
has been completed. Mayor Samson expressed his opposition to four years of obstructed access,
and asked the developer to construct a roof over a five feet walkway. Mr. Schulman agreed,
provided the City approves it.
Vice Mayor Turetsky moved and Commissioner Iglesias seconded a motion to approve the
request. The motion was approved as Resolution No. 98-Z-24, by a roll call vote of 4-1
Vote: Commissioner Iglesias ves
Commissioner Kauffman no
Commissioner Morrow ves
Summary Minutes of the October 8, 1998, Regular City Commission Meeting - Paee 6 of 13
Vice-Mayor Turetsky y
Mayor Samson ves
7. ORDINANCES FOR FIRST READING:
A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING
ORDINANCE NO. 98-21 ESTABLISHING A CODE ENFORCEMENT PROCEDURE;
PROVIDING DEFINITIONS;PROVIDNG FOR CIVIL INFRACTIONS AND PENALTIES;
QUALIFICATIONS,APPOINTMENT,REMOVAL AND COMPENSATION OF SPECIAL
MASTERS;SETTING FORTH THE POWERS OF SPECIAL MASTERS;AUTHORITY TO
NITIATE ENFORCEMENT AND SETTLE CASES; PROVIDING FOR ENFORCEMENT
PROCEDURES INCLUDING THE CONTENTS AND METHOD OF SERVICE OF CIVIL
VIOLATION NOTICES; PROVIDING FOR CIVIL PENALTIES AND RELATED TERMS
CONSTRUED;PROVIDING FOR RIGHTS OF VIOLATORS;PAYMENT OF FINE;RIGHT
TO APPEAL;FAILURE TO PAY AND CORRECT OR TO APPEAL;WILLFUL REFUSAL
TO ACCEPT CIVIL VIOLATION NOTICE; SCHEDULING AND CONDUCT OF
HEARING; PROVIDNG REMEDIES TO RECOVER UNPAID CIVIL PENALTIES;
UNPAID PENALTIES TO CONSTITUTE A LIEN AND PROVIDNG FOR
FORECLOSURE; PROVIDING FOR APPEALS OF ORDERS OF SPECIAL MASTERS;
PROVIDING FOR ADDITIONAL ENFORCEMENT POWERS; ESTABLISHING A
SCHEDULE OF CIVIL PENALTIES; PROVIDING FOR REHEARING;PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY,
NCLUSION IN THE CODE AND AN EFFECTIVE DATE.
[Clerk's Note: see agenda item 4 above,City Attorney Dannheisser withdrew this item from
the agenda, noting that the subject will come back in November]
7. B. [Clerk's Note: Documents were submitted at the meeting adding-on this agenda item; see also
agenda item 4 above]
ADD-ON: AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
AMENDING SECTION 33-304(b)OF THE MIAMI-DADE COUNTY CODE AS ADOPTED
BY THE CITY OF SUNNY ISLES BEACH,TO DELETE THE REQUIREMENT THAT ALL
ZONING APPLICATIONS MAY ONLY BE FILED AND ACCEPTED THE FIRST SEVEN
(7) DAYS OF EACH MONTH AND AMEND SECTION TO PERMIT ZONING
APPLICATIONS TO BE FILED ANY DAY OF THE MONTH EXCLUDING LEGAL
HOLIDAYS, SATURDAYS AND SUNDAYS PROVIDED THAT APPLICATIONS MUST
BE SUBMITTED PRIOR TO EIGHT(8)WEEKS PRIOR TO THE SCHEDULED HEARING;
PROVIDING FOR A REPEALER;PROVIDING FOR SEVERABILITY;PROVIDING FOR
AN EFFECTIVE DATE.
ACTION: City Clerk Brown-Morilla read the title.
Commissioner Morrow moved and Commissioner Kauffman seconded a motion to approve
the proposed ordinance on first reading. The motion was approved by a roll call vote of
5-0 in favor. Second reading, public hearing will be November 12, 1998, at 7:00 p.m.
Vote: Commissioner Iglesias ves
Summary Minutes of the October 8, 1998, Regular City Commission Meeting - Page 7 of 13
Commissioner Kauffman yes
Commissioner Morrow y
Vice-Mayor Turetsky ves
Mayor Samson ves
8. ORDINANCES FOR SECOND READING (PUBLIC HEARINGS)
A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING
SECTION 5.5 OF THE MIAMI-DADE COUNTY CODE PERTAINING TO THE REMOVAL
OF CANINE DEFECATIONS TO REQUIRE PERSONS IN CUSTODY OF ANIMAL TO
DISPOSE OF ANIMAL'S FECAL MATTER DEPOSITED ON PUBLIC OR PRIVATE
PROPERTY; AMENDING SECTION 5.6(a) TO PROVIDE FOR ALL CANINES TO BE
LEASHED;PROVIDING FOR REPEAL;PROVIDING FOR SEVERABILITY;PROVIDING
FOR AN EFFECTIVE DATE.
ACTION: City Clerk Brown-Morilla read the title.
Public Speakers: James Wood
Mr. Wood asked for beach access for dogs.
Commissioner Kauffman moved and Commissioner Morrow seconded a motion to adopt the
ordinance on second reading. Ordinance No. 98-51 was adopted by a roll call vote of 5-0
in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow y
Vice-Mayor Turetsky y
Mayor Samson
B. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING
SECTION 33-317, OF THE CODE OF MIAMI-DADE COUNTY AS ADOPTED BY
SECTION 8.3 OF THE CHARTER OF THE CITY OF SUNNY ISLES BEACH TO PROVIDE
FOR A TIME LIMIT OF ONE (1) YEAR WITHIN WHICH A BUILDING PERMIT MUST
ISSUE FOR ANY VARIANCE,SPECIAL EXCEPTION,NEW USE,SPECIAL PERMIT OR
UNUSUAL USE, HERETOFORE OR HEREAFTER GRANTED A ONE YEAR PERIOD;
PROVIDING FOR THE AMORTIZATION OF ALL PRIOR APPROVALS FOR A PERIOD
OF TWO YEARS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING
FOR QUARTERLY NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN
THE CITY LIMITS FOR THE TWO-YEAR TIME PERIOD; PROVIDING FOR
ADMINISTRATIVE PROCEDURE,RELIEF FROM THIS ORDINANCE,APPEAL TO THE
CITY COMMISSION; PROVIDING FOR A REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Summary Minutes of the October 8, 1998, Regular City Commission Meeting - Page 8 of 13
ACTION: City Clerk Brown-Morilla read the title, and City Attorney Dannheisser introduced
the proposed ordinance.
Public Speakers: Cliff Schulman, Esq.; Bill Lone; Rebecca Henderson, Esq.
Mr. Schulman asked if there is litigation, how does the time frame flow. Commissioner
Kauffman noted there is a requirement in Suffolk County that requires building within one year
of ownership.
Ms. Rebecca Henderson recommended that the language specify "a foundation permit"not be
sufficient, rather require a full building permit. City Attorney Dannheisser agreed to the
amendment: "Building permit other than a foundation permit".
Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to adopt the
ordinance as amended by the City Attorney on second reading. Ordinance No. 98-52 was
adopted by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias y
Commissioner Kauffman yes
Commissioner Morrow yes
Vice-Mayor Turetsky y
Mayor Samson ves
8. C. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PROVIDING
FOR TEMPORARY SALES STRUCTURE OR TRAILERS WITH CERTAIN CONDITIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
ACTION: City Clerk Brown-Morilla read the title.
Public Speakers: Rebecca Henderson, Esq.; Cliff Schulman, Esq.
Ms. Rebecca Henderson raised the same concern she had expressed on the prior ordinance,
recommending that the sales trailer be removed if full building permit was not pulled within
one year," and she perceived ambiguity regarding phased projects. She also requested that
where neighboring properties disagreed, there be some mediating appellate process regarding
site plan approval beyond the Building Official's decision.
Commissioner Morrow moved and Vice Mayor Turetsky seconded a motion to adopt the
ordinance on second reading. Ordinance No. 98-53 was adopted by a roll call vote of 5-0
in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow
Turetsky ves
Mayor Samson des
Summary Minutes of the October 8, 1998, Regular City Commission Meeting - Page 9 of 13
9. RESOLUTIONS:
Item 9A is a Public Hearing.
A. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, GRANTING A
WAIVER FROM ORDINANCE NO. 98-40 IN ACCORDANCE WITH SECTION 2
THEREOF,TO BUILD A DUPLEX ON LOT 1,BLOCK 3,OCEAN BOULEVARD ESTATE
SECTION"A"ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
48 AT PAGE 39 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; PROVIDING
FOR AN EFFECTIVE DATE.
(deferred from 09/17/98)
ACTION:City Clerk Brown-Morilla read the title of the proposed resolution,and City Building
Official Michael Berkman introduced the item recommending a waiver of the moratorium.
Public Speakers: none
Mayor Samson asked if there are any two story duplexes in Golden Shores and he was told yes.
Vice Mayor Turetsky moved and Commissioner Morrow seconded a motion to adopt the
resolution. Resolution No. 98-88 was adopted by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias ves
Commissioner Kauffman ves
Commissioner Morrow ves
Vice-Mayor Turetsky yes
Mayor Samson ves
9. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY NY ISLES BEACH,
FLORIDA, AUTHORIZING THE CITY MANAGER TO PREPARE AND SUBMIT AN
APPLICATION TO THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE GRANT
AGREEMENTS COMMITTING THE CITY TO EXPEND MATCHING FUNDS;
COMMITTING THE CITY TO AMEND THE CAPITAL IMPROVEMENT PLAN AND
COMPLETING THE DEVELOPMENT PROJECT; PROVIDING FOR AN EFFECTIVE
DATE.
ACTION: City Clerk Brown-Morilla read the title of the proposed resolution,and City Manager
DiPietro introduced the item.
Public Speakers: none
Commissioner Kauffman and Commissioner Morrow seconded a motion to adopt the
resolution. Resolution No. 98-89 was adopted by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow ves
Vice-Mayor Turetsky ves
Mayor Samson ves
Summary Minutes of the October 8, 1998, Regular City Commission Meeting - Page 10 of 13
9. C. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RECOGNIZING
CITY GOVERNMENT WEEK, OCTOBER 18-24, 1998, AND ENCOURAGING ALL
CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES.
ACTION: City Clerk Brown-Morilla read the title ofthe proposed resolution,and City Manager
DiPietro introduced the item.
Public Speakers: none
Commissioner Morrow and Commissioner Iglesias seconded a motion to adopt the resolution.
Resolution No. 98-90 was adopted by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman ves
Commissioner Morrow ves
Vice-Mayor Turetsky ves
Mayor Samson ves
9. D. [City Clerk's Note: A Memo and Resolution were handed-out and made a part of the record]
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA,ACCEPTING AND ADOPTING MIAMI-DADE COUNTY'S CERTIFICATION
OF THE RESULTS OF THE SUNNY ISLES BEACH SPECIAL ELECTION THAT WAS
FIELD ON THURSDAY, OCTOBER 1, 1998, FOR THE PURPOSE OF SUBMITTING TO
THE ELECTORATE OF THE CITY A PROPOSED AMENDMENT TO THE MUNICIPAL
CHARTER CHANGING THE NAME OF THE CITY TO "AVENTURA BEACH," AND
DECLARING THAT THE RESULTS THEREOF REFLECT THAT THE QUESTION WAS
NOT APPROVED
ACTION: City Clerk Brown-Morilla read the title of the proposed resolution, and introduced
the item.
Public Speakers: none
•
Vice Mayor Turetsky moved and Commissioner Kauffman seconded a motion to adopt the
resolution. Resolution No. 98-91 was adopted by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias ves
Commissioner Kauffman ves
Commissioner Morrow y
Vice-Mayor Turetsky ves
Mayor Samson yes
9. E. [Clerk's Note: Documents were submitted at the meeting adding-on this agenda item; see also
agenda item 4 above]
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, ESTABLISHING A SCHEDULE FOR CITY COMMISSION MEETINGS FOR
1999, AND PROVIDING AN EFFECTIVE DATE.
ACTION: City Clerk Brown-Morilla read the title ofthe proposed resolution,and City Manager
DiPietro introduced the item.
Summary Minutes of the October 8, 1998, Regular City Commission Meeting - Page 11 of 13
Public Speakers: none
Vice Mayor Turetsky moved and Commissioner Kauffman seconded a motion to adopt the
resolution. Resolution No. 98-92 was adopted by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow yes
Vice-Mayor Turetsky yes
Mayor Samson yes
[City Clerk's Note: see also Agenda item 10-A, below, for adoption of another resolution: R-98-93]
10. MOTIONS: .
A. BUS SHELTER AGREEMENT
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING AN
AGREEMENT WITH ELLER MEDIA COMPANY FOR CONTINUATION OF
PLACEMENT OF BUS SHELTERS WITHIN THE CORPORATE LIiMITS OF THE CITY
OF SUNNY ISLES BEACH; PROVIDING FOR AN EFFECTIVE DATE.
ACTION: City Clerk Brown-Morilla read the title, and City Manager DiPietro introduced the
proposed resolution. He explained that the vendor pays the City about 5500 as a minimum
guarantee for each shelter. There are currently four(4) shelters in the City with four(4) more
to be added. The agreement will expire in two (2) years.
Public Speakers: none
Commissioner Iglesias moved and Vice Mayor Turetsky seconded a motion to approve the
resolution. Resolution No. 98-93 was adopted by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias ves
Commissioner Kauffman yes
Commissioner Morrow ves
Vice-Mayor Turetsky yes
Mayor Samson ves
10. B. [Clerk's Note: Documents were submitted at the meeting adding-on this agenda item;see also
agenda item 4 above]
FLORIDA POWER AND LIGHT UNDERGROUNDING ENGINEERING STUDY - 170Th
STREET TO 176Th STREET, EAST SIDE OF COLLINS AVENUE
ACTION:City Manager DiPietro introduced the item,which involves an expenditure ofS8,600
for the engineering study program.
Public Speakers: none
Commissioner Morrow moved and Commissioner Iglesias seconded a motion to adopt the
agreement, which approved by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias ves
Summary Minutes of the October 8, 1998, Regular City Commission Meeting - Page 12 of 13
Commissioner Kauffman yes
Commissioner Morrow yes
Vice-Mayor Turetsky yes
Mayor Samson yes
10. C. Add-On Item: Mayor Samson moved and Commissioner Iglesias seconded a motion to
authorize the City Manager to hire a part-time professional to head a recreational
program, set up parties, affairs, theater and restaurant parties. The motion was adopted
by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias yes
Commissioner Kauffman yes
Commissioner Morrow yes
Vice-Mayor Turetsky yes
Mayor Samson yes
11. STAFF DISCUSSION ITEMS:
None.
12. REQUESTS, PETITIONS & OTHER COMMUNICATIONS:
None.
13. ADJOURNMENT:
Commissioner Kauffman moved and Commissioner Morrow seconded a motion to
adjourn the meeting which was approved by a unanimous voice vote at 10:01 p.m.
Respectfully submitted by: Approved b the City Commission this 12th day
of Novem% . , 1998.
eit
Richard Brown-Morilla, City Clerk • David Samson, a or
t r'' s
.K 111 `` C-_
Vy * .2
Summary Minutes of the October 8, 1998, Regular City Commission Meeting - Page 13 of 13