HomeMy WebLinkAbout2001-0222 Regular City Commission Meeting •
SUMMARY MINUTES
Thursday, February 22, 2001, 2:00 p.m.
CITY OF SUNNY ISLES BEACH, FLORIDA
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AGENDA
1. CALL TO ORDER/ROLL CALL OF MEMBERS
The meeting was called to order by Mayor Samson at 2:15 p.m., with the following
officials present:
Mayor David Samson
Vice Mayor Lila Kauffman
Commissioner Danny Iglesias
Commissioner Connie Morrow
Commissioner Irving Turetsky
City Manager Christopher J. Russo
City Attorney Lynn Dannheisser
City Clerk Richard Brown-Morilla
2. PLEDGE OF ALLEGIANCE AND INVOCATION
Action: Mayor Samson lead the Pledge of Allegiance to the flag. Richard Schulman gave
an invocation.
3. APPROVAL OF MINUTES
3A. Regular City Commission Meeting—January 18, 2001.
Action: Vice Mayor Kauffman moved and Commissioner Morrow seconded a motion to
approve the Summary Minutes. The motion was approved by a voice vote of 5-0 in favor.
4. ORDER OF BUSINESS (Additions/Deletions/Amendments)
4A. Request to Hear Items.
Action: Mayor Samson read from the handout: ORDER OF BUSINESS: DELETIONS:8-D;
REVISIONS: none; ADD-ONS: Item 7-B, Item 9H. Vice Mayor Kauffman moved and
Commissioner Iglesias seconded a motion to add the items. The motion was
approved by a voice vote of 5-0 in favor.
Summary Minutes:Regular City Commission Meeting February 22,2001 City of Sunny Isles Beach.Florida
5. SPECIAL PRESENTATIONS
5A. Police Officers of the Month for February 2001 — Master Sergeant Steve Diaz and
Detective Elio Oliva.
Action: Police Chief Fred Maas introduced Master Sergeant Steve Diaz and Detective
Elio Oliva and presented them each with a certificate.
6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS.
6A. Request of Joseph A. Mazacco, Owner of the Property Located at 500 Sunny Isles
Boulevard for the Following: (Hearing #Z2000-11)
1. Unusual Use to permit the maintenance and continued use of a water use facility to
unit; a marina.
2. Unusual Use to permit a 22 ft. x 32 ft. steel container to be used for storage.
3. Non Use Variance Zoning Regulations requiring class 'C' signs to be spaced 300
feet from a permanent building to waive same; to permit an existing class 'C' sign
spaced less than the required 300 feet from a proposed steel building on the same
property.
4. Non Use Variance of Zoning Regulations requiring a parcel of land to have
frontage on a public right-of-way to waive same;to permit aforementioned marina to
have access drive through a private property.
5. Non Use Variance of Lot Frontage requirements to permit abovementioned parcel
with zero (0) feet of frontage (50 feet required).
Protests 0 Waivers 0 Ex-Pane 0
Action: Mayor Samson read a statement regarding procedure and decorum. City Clerk
Brown-Morilla read the applicant's name,hearing number,location and then administered
the oath to the witnesses for the Zoning hearings. City Attorney Dannheisser read a
disclaimer for the Zoning hearings. City Clerk Brown-Morilla asked if there were any ex-
parte disclosures, and there were none.
Public Speakers: Joseph Mazacco; Jorge Vera; Marla Dumas
Zoning and Code Administrator Jorge Vera read his report. Marla Dumas, Community
Planning and Development Director, questioned Mr. Mazacco regarding the large
advertising billboard located on the property, asking if he would be willing to end the
lease to be able to remove the billboard, but he said no.
Mayor Samson moved for deferral and Commissioner Morrow seconded the motion. The
motion was approved by a voice vote of 5-0. City Attorney Dannheisser said she
assumed that there would be a stay on the fines in the meantime.
Summary Minutes:Regular City Commission Meeting February 22,2001 City of Sunny Isles Beach,Florida
6B. Request of New Beacharbor, Inc., Etal, Owner of the Property Located at 18925
Collins Avenue and West of Collins Avenue Approximately 225 Feet South of 189th
Street for the Following: (Ocean Three) (Hearing#Z2000-13)
1. Use Variance to permit a proposed development with a density of 67 units per acre
(56 units per acre permitted with bonuses).
2. Non Use Variance of Floor Area Ratio(F.A.R.)to permit a proposed development
with a total F.A.R and bonuses of 4.21 (maximum 2.5 F.A.R. and possible F.A.R
bonuses for a total F.A.R. of 2.88 permitted)(30% amenities bonus pursuant to
Section 33-222(4)(b)(i) is calculated in the total bonus and floor area ratio).
3. Non Use Variance of Setback Requirements to permit proposed building setback
varying 25 feet (81 feet required) from the interior side (south) property line and
setback 75 feet (81 feet required) from the interior side (north) property line.
4. Non Use Variance of Zoning Regulations requiring no more than 50%(150 feet)of
the width of the site to be obstructed by buildings exceeding an elevation of 20 feet
above grade to waive same; to permit the proposed building to obstruct 200 feet the
width of the site.
5. Non Use Variance of Parking Regulations to permit 362 parking spaces (392
parking spaces required) and to permit 37% of the parking to be tandem (20%
permitted).
Protests 0 Waivers 0 Ex-Parte I (Mayor Samson)
Action: City Clerk Brown-Morilla read the applicant's name, hearing number, location
and then administered the oath to the witnesses for the Zoning hearings. City Attorney
Dannheisser read a disclaimer for the Zoning hearings. City Clerk Brown-Morilla asked if
there were any ex-parte disclosures, and Mayor Samson said that he did have an ex-parte
discussion.
Public Speakers: Stanley Price, Esq.; Thomas Daly; Jorge Vera; Marla Dumas; William
Lone; Rose Birtley; Frank A. Utset, Esq.; Louise Caranci; Tirso Morales; Ellen Wynne;
Juan Crespi; Gerry Goodman; Norman Edelcup; Cecile Sippin; Ada Valiente Garcia;
Arnold Klein
Stanley Price, speaking for the applicant, said there was a change in the application as a
result of an agreement that had been reached with the neighboring property owner,and so
the request was different from the advertised public notice. He said that use request# 1 is
no longer required, and that it might be possible to eliminate request #5.
Zoning and Code Administrator Jorge Vera read from his report. Marla Dumas,
Community Planning and Development Director, presented her report recommending
approval,but she raised concerns about the expense of maintaining the west side park-like
area.
Commissioner Morrow asked if a compromise in the request might be to reduce one floor
from the building and if so, how would the City benefit. Mayor Samson asked about the
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Summary Minutes:Regular City Commission Meeting February 22,2001 City or Sunny Isles Beach,Florida
developer's willingness to underground the utilities.
Frank A. Utset, Esq., speaking on behalf of the Playa Veradero Condominium Property
Owners, argued that the applicant had not presented a case of"hardship." Mr. Price
responded and City Attorney Dannheisser confirmed that under our code, since the use
variance had been withdrawn, there was no requirement to prove a hardship.
City Attorney Dannheisser said that the developer could deed the land on the west side of
Collins Avenue to the City as a public park and agree to pay for the maintenance. It was
suggested that any approval should include a perpetual public easement to access the
landscaped area with the obligation for the condominiums association to maintain it. Mr.
Daly suggested that it might not be enforceable for the condominium documents to try to
force future condo owners to pay for maintenance of a public park.
Commissioner Iglesias said the developer should landscape the west-side land and the
City should own it and maintain it.
Commissioner Iglesias moved and Commissioner Morrow seconded the motion to
approve 6B as modified, for#'s 2-5 with conditions of Planning staff(dedication of
park to City after having been landscaped by developer) and reduction of one curb
cut; the 14 Zoning staff conditions; an additional condition #15 that applicant
comply with current FDOT access management standards and do that on the
driveway issues too; and comply with Streetscape Master Plan,Collins Avenue curb
cuts, streetscape landscaping and furniture; (Jorge Vera to list bonuses, amount of
the bonuses, and the amount of impact fees that will be accumulated for this project
in the Zoning Resolution). Ms. Dannheisser reminded Mr. Price that all documents
must be provided to the City within 15 days of the zoning approval. Mr. Price asked for,
and Ms. Dannheisser agreed to, a provision that the 15-day deadline to produce the
documents would begin once the draft resolution was faxed to him. The motion was
approved as Resolution No. O1-Z-58, by a roll call vote of 4-1 in favor.
Vote: Commissioner Iglesias ves
Commissioner Morrow ves
Commissioner Turetsky yes
Vice Mayor Kauffman no
Mayor Samson ves
6C. Request of Dezer Properties, LLC., Owner of the Property Located at the Southwest
Corner of Collins Avenue and 185m Street for the Following: (Heating#Z2000-12)
1. District Boundary Change from BU-1A to BU-2.
2. Special Exception for site plan approval to permit a hotel.
3. Non Use Variance of Lot Coverage requirements to permit a proposed hotel with a
lot coverage of 54% (40% permitted).
4. Non Use Variance of Floor Area Ratio to permit proposed hotel development with a
floor area of 1.78 (1.53 permitted).
5. Non Use Variance of Zoning Regulations requiring all interior subdivision streets
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Summary Minutes:Regular City Commission Meeting February 22.2001 City of Sunny Isles Beach,Florida
to be 50 feet wide; to waive same to permit zero (0) feet dedication for a portion of
the south side of 185 Street.
IN THE ALTERNATIVE TO REQUESTS #1 THRU 5 THE FOLLOWING:
6. Special Exception for site plan to permit a residential use,to wit: an apartment hotel
in the BU-1A.
7. Non Use Variance of Setback Requirements to permit the proposed apartment
hotel to setback 30 feet(73 feet required) from the side street north property line and
setback 25 feet (73 feet required) from the interior side south property line.
8. Non Use Variance of Zoning Regulations requiring a view corridor with a width of
63 feet; to waive same to permit a view corridor width of 30 feet.
9. Non Use Variance of Zoning Regulations requiring the minimum size of a dwelling
unit without a lockout ability to be 550 square feet; to waive same to permit a
minimum units size of 449 square feet.
10. Non Use Variance of Parking Requirements to permit proposed apartment
development with a total of 295 parking spaces (526 parking spaces required).
11. Non Use Variance of Zoning Regulations requiring all interior subdivision streets
to be 50 feet wide; to waive same to permit zero (0) feet dedication for a portion of
the south side of 185 Street.
Protests 0 Waivers 0 Ex-Pane 0
Action: City Clerk Brown-Morilla read the applicant's name, hearing number, location
and then administered the oath to the witnesses for the Zoning hearings. City Attorney
Dannheisser read a disclaimer for the Zoning hearings. City Clerk Brown-Morilla asked if
there were any ex-pane disclosures, and there were none.
[City Clerk's note: The following items were introduced into the public record: Petitions
in opposition to the project;two framed,artist's renderings;a site plan drawing;two large
displays of code definitions("hotel"and"apartment hotel.")a site photograph and a chart;
a proposed declaration of restrictive covenants]
Public Speakers: Joseph Goldstein, Esq.; Peter Weiner; Kobi Karp; Brian K. Fry,
Director of Franchise Development for Hilton Hotels; Gil Dezer; Jorge Vera; Marla
Dumas; Sydney Server; Ellen Wynne; Juan Crespi; William Lone; Michael Dezer
Joseph Goldstein, Esq., speaking for the applicant, clarified that the request was for a
hotel,and so they were withdrawing requests#'s 6-11. Peter Weiner reviewed the history
of the property. Kobi Karp introduced into the record two framed,artist's renderings,and
a site plan drawing. Mr. Goldstein introduced two large displays of code definitions
("hotel"and"apartment hotel."),a chart and a site photograph. Mr. Goldstein introduced
into the record a copy of a proposed declaration of restrictive covenants.
Commissioner Turetsky asked how soon after approval of the variances would the
developer pull the building permits, and Gil Dezer said they would do so within a year.
Jorge Vera, Zoning and Code Administrator, recommended denial without prejudice for
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Summary Minutes:Regular City Commission Meeting February 22,2001 City of Sunny Isles Beach,Florida
the entire application. Community Planning and Development Director Marla Dumas,
using the site plan drawing, questioned Mr. Goldstein about various proposed uses. Ms.
Dumas also recommended denial without prejudice.
Mayor Samson questioned Kobi Karp about the loading dock area on 185th Street,and Mr.
Karp used the site plan to answer. Vice Mayor Kauffman questioned the differences
between the prior approval, which had expired, and the current application.
Michael Dezer addressed questions to City Attorney Dannheisser.
Joe Goldstein asked for deferral and withdrawal of requests #'s 6-11.
Vice Mayor Kauffman moved and Commissioner Turetsky seconded a motion for
deferral with the cost of re-advertising to be paid by the applicant. The motion was
approved by a voice vote of 5-0 in favor.
6D. Request of Blue Seas Associates, Owner of the Property Located at 17315 Collins
Avenue for the Following: (Hearing #Z99-12) [ Michaelangelo
1. Non Use Variance of Floor Area Ratio(F.A.R.)to permit a proposed development
with a total F.A.R and bonuses of 3.70 (maximum 2.5 F.A.R. and a possible F.A.R
bonuses for a total F.A.R. of 3.163 permitted)(30% amenities bonus pursuant to
Section 33-222(4)(b)(i) is calculated in the total bonus and floor area ratio).
2. Non Use Variance of Floor Area Ratio (F.A.R.) requiring single floors above 20
feet above grade not to exceed 0.20 F.A.R. to waive same; to permit single floors
with a 0.21 floor area ratio.
3. Non Use Variance of Setback Requirements to permit the proposed tower building
to setback 25 ft(33.42 ft required)from the interior side(north)property line,setback
20 ft. (33.42 ft. required) from the interior side(south)property line and to permit a
proposed decorative waterfall to setback 28.75 ft. (50 ft.required) from the front west
property line.
4. Non Use Variance of Setback Requirements to permit the proposed parking garage
structure below 20 feet from grade to setback 0 ft (20 ft. required) from the interior
side (north and south) property lines.
5. Non Use Variance of Zoning Regulations to permit a view corridor width of 20 feet
(25 feet required).
6. Non Use Variance of Zoning Regulations as it applies to maximum building
obstruction to permit proposed development to obstruct 55%(55 ft)of the width of
the site 20 ft above grade (50%-50 ft obstruction permitted).
7. Non Use Variance of Parking Regulations to permit 165 parking spaces (229
spaces required).
8. Non Use Variance of Parking Regulations to permit 28% tandem parking (20%
tandem parking permitted).
9. Non Use Variance of Parking Regulations to permit a one-way isle width of 12.16
feet (14 feet required).
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Summary Minutes:Regular City Commission Meeting February 22.2001 City of Sunny Isles Beach.Florida
10. Non Use Variance of Parking Regulations requiring driveway isles width with
parking on either side to be 22 feet;to waive same to permit 1 5.91 feet driveway isle.
Protests 2 Waivers 0 Ex-Pane 1 (Comm. Iglesias)
(Deferred from 11/15/00; Continued from 1/18/01)
Action: City Clerk Brown-Morilla read the applicant's name, hearing number, location
and then administered the oath to the witnesses for the Zoning hearings. City Attorney
Dannheisser read a disclaimer for the Zoning hearings. City Clerk Brown-Morilla asked if
there were any ex-parte disclosures, and Commissioner Iglesias said that he had one.
Public Speakers: Jeffrey Bercow, Esq.; Henry Rodstein, President of H.R. Mortgage &
Realty Co.; Kobi Karp; Kelly Slay, President of Kelco; Richard Eichinger, Senior
Transportation Engineer for transport Analysis Professionals, Inc.; Jorge Vera; Marla
Dumas; Gerry Goodman; Bill Lone; Mary Aim Eicke; Ranan Katz; Lorens Tronet
[City Clerk's Note: The following items were introduced into the record: a large chart of
parking calculations for hotel use; five artist renderings of the project; letters of objection;
and County Zoning Resolution No's Z-17-93 and 5-ZAB-303-96.]
Jeff Bercow asked to withdraw requests #'s 2, 9, 10 without prejudice, and he said the
only remaining staff objections were to requests #1 and #7. Kobi Karp reviewed the
proposed building plan drawings and he also answered questions from Mr. Bercow and
Mayor Samson. Mr. Bercow reviewed a large chart of parking calculations for hotel use.
Mr. Bercow asked questions of Kelly Slay, President of Kelco Hotels, and also Richard
Eichinger, Senior Traffic Engineer for Transport Analysis Professionals, Inc. Mr. Slay
said the project would operate as a hotel. Mr. Bercow asked to waive the time frame to
re-file; requested 30 days for Condition 8 as some of the principles are foreign; asked for
30 days to file all documents from the date of any approvals; and asked to add the phrase
"unless a building permit is issued for the project"at the end of Condition 13. Five artist
renderings of the project were introduced.
Jorge Vera, Zoning and Code Administrator reported and said he still has the same
conditions as at the prior hearing. Marla Dumas,Community Planning and Development
Director reported that the applicant has made several concessions to the staffs requests
since she had prepared her written report. Mr. Karp acknowledged that the construction
would occur entirely on the site.
Lorens Tronet presented letters of objection into the record, and then questioned Mr.
Rodstein, Mr. Slay, Mr. Vera, and Mr. Karp.
Commissioner Iglesias noted that the developer was still seven parking spaces short of the
code requirement,and he asked Mr. Karp if using tandem parking or re-arrangement could
eliminate the deficit. Mr. Karp said yes.
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Summary Minutes:Regular City Commission Meeting February 22,2001 City of Sunny Isles Beach,Florida
Mr. Bercow introduced a copy of two County Zoning Resolutions.
Commissioner Iglesias moved and Vice Mayor Kauffman seconded a motion for
approval with staff conditions to remove six units and provide seven more parking
spaces, provide under-grounding,meet with the streetscape plans,under-grounding
utilities and standard conditions; the number of units would drop to 147; a 3.62
FAR; include in Condition 8—30 days from the expiration of the appeal periods; at
the end of Condition 13 add "unless a building permit is issued for the project." The
motion was approved as Resolution No. 01-Z-59, by a roll call vote of 5-0 in favor.
Vote: Commissioner Iglesias vex
Commissioner Morrow yes
Commissioner Turetsky yes
Vice Mayor Kauffman yes
Mayor Samson yes
7. ORDINANCES FOR FIRST READING
7A. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Assessing a Fee on Telecommunications Companies that Occupy Municipal Rights-
of-Way for Telecommunications Facilities; Providing for When Payments are Due;
Providing for Interest; Providing for Review of Records; Providing a Savings Clause;
Providing for Codification; Providing for a Repealer; Providing for Severability;
Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser gave her
report.
Public Speakers: None
Commissioner Morrow moved and Commissioner Turetsky seconded a motion to
approve the proposal on first reading. The motion was approved by a roll call vote
of 5-0 in favor. Second reading,public hearing will be held on Thursday,March 15,
2001.
Vote: Commissioner Iglesias yes
Commissioner Morrow yes
Commissioner Turetsky yes
Vice Mayor Kauffman yes
Mayor Samson yes
7B. ADD-ON An Ordinance of the City Commission of the City of Sunny Isles Beach,
Florida, Amending Ordinance 98-52 to Revise the Time Limit from One Year to Two
Years Within Which a Building Permit Must Issue for any Variance, Special Exception,
New Use, Special Permit or Unusual Use Heretofore or Hereafter Granted; Providing for
Quarterly Notice in a Newspaper of General Circulation Within the City Limits for the
Two-Year Time Period; Providing for Administrative Relief Procedure from this
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Summary Minutes:Regular City Commission Meeting February 22,2001 City of Sunny Isles Beach,Florida
Ordinance, Providing for an Appeal to the City Commission; Providing for a Repealer;
Providing for Severability; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser read the
report, noting that the proposal was very similar to the agenda item 8-D that was on for
second reading.
Public Speakers: None
Commissioner Turetsky moved and Commissioner Morrow seconded a motion to
approve the proposal on first reading. The motion was approved by a roll call vote
of 5-0 in favor. Second reading, public hearing will be held on Thursday,March 15,
2001.
Vote: Commissioner Iglesias yes
Commissioner Morrow yes
Commissioner Turetsky yes
Vice Mayor Kauffman yes
Mayor Samson yes
8. ORDINANCES FOR SECOND READING (Public Hearings)
8A. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Relating
to Public Safety, Requiring Locking Devices on Firearms Stored in the City of Sunny
Isles Beach; Providing Severability, Inclusion in the Code, and an Effective Date.
(First Reading 1/1 8/01)
Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser presented
her report.
Public Speakers: None
Vice Mayor Kauffman moved and Commissioner Iglesias seconded a motion to adopt
the ordinance. Ordinance No. 2001-113 was adopted by a roll call vote of 5-0 in
favor.
Vote: Commissioner Iglesias yes
Commissioner Morrow yes
Commissioner Turetsky yes
Vice Mayor Kauffman yes
Mayor Samson yes
8B. An Ordinance of the City Commission of the City of Sunny Isles Beach,Florida,Relating
to Abandoned or Lost Property; Providing for a Repealer; Providing for Severability;
Providing for Inclusion into the Code; Providing for an Effective Date.
(First Reading 1/18/01)
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Summary Minutes:Regular City Commission Meeting February 22,2001 City of Sunny Isles Beach.Florida
Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser presented
her report.
Public Speakers: None
Commissioner Turetsky moved and Vice Mayor Kauffman seconded a motion to adopt
the ordinance. Ordinance No. 2001-114 was adopted by a roll call vote of 5-0 in
favor.
Vote: Commissioner Iglesias yes
Commissioner Morrow yes
Commissioner Turetsky yes
Vice Mayor Kauffman yes
Mayor Samson yes
8C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida.
Amending and Clarifying Ordinance No. 2000-107, With Respect to Rules and
Procedures to Define the Applicability of Rule 5.06 to Zoning Matters and to Exclude
Zoning Matters from Reconsideration Under Rule 7.01(K); Providing for a Repealer;
Providing for Severability; Providing for an Effective Date.
(First Reading 1/18/01)
Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser presented
her report.
Public Speakers: Gerry Goodman
Vice Mayor Kauffman moved and Commissioner Turetsky seconded a motion to adopt
the ordinance. Ordinance No. 2001-115 was adopted by a roll call vote of 5-0 in
favor.
Vote: Commissioner Iglesias yes
Commissioner Morrow yes
Commissioner Turetsky yes
Vice Mayor Kauffman yes
Mayor Samson yes
8D. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Ordinance 98-52 to Revise the Time Limit from One Year to Two Years
Within Which a Building Permit Must Issue for any Variance, Special Exception,New
Use, Special Permit or Unusual Use Heretofore or Hereafter Granted; Providing for
Quarterly Notice in a Newspaper of General Circulation Within the City Limits for the
Two-Year Time Period; Providing for Administrative Relief Procedure from this
Ordinance, Providing for an Appeal to the City Commission; Providing for a Repealer;
Providing for Severability; Providing for an Effective Date.
(First Reading 1/18/01)
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Summary Minutes:Regular City Commission Meeting February 22.2001 City of Sunny Isles Beach,Florida
Action: The item was withdrawn. [City Clerk's Note: See a related, substitute item 7-B
that was added-onto the agenda.]
9. RESOLUTIONS
9A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing a Contract By and Between Ronald L. Book, Esq. and the City of Sunny
Isles Beach for Professional Legislative Relations and Lobbying Services;Authorizing
the City Manager to Execute a Contract Attached Hereto as Exhibit"A";Providing for an
Effective Date.
Action: City Clerk Brown-Morilla read the title and City Manager Russo recommended
the continuation of Mr. Book's services.
Public Speakers: None
Vice Mayor Kauffman moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No. 2001-305 was adopted by a voice vote of 5-0 in favor.
9B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Providing Authorization to the Police Chief to Appropriate and Spend 55,000 From
the Law Enforcement Trust Fund to Pay Legal Costs Associated With Asset Forfeiture
Process; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and Police Chief Fred Maas reported.
Public Speakers: None
Commissioner Morrow moved and Vice Mayor Kauffman seconded a motion to approve
the resolution. Resolution No.2001-306 was adopted by a voice vote of 5-0 in favor.
9C. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Authorizing the City Manager to Accept a Grant From the Department of Business
and Professional Regulation Division of Alcoholic Beverages and Tobacco
("DABT") to, Among Other Things, Conduct School Proximity Tobacco Enforcement
Investigations, All in Accordance With the Contract Attached as Exhibit "A";
Authorizing the City Manager or His Designee to Take Any Action Necessary With
Respect to the Obtaining and Distribution of Grant Monies as Appropriate Without
Further Approval of this Commission; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title.
Public Speakers: None
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Summary Minutes:Regular City Commission Meeting February 22,2001 City of Sunny Isles Beach,Florida
Vice Mayor Kauffman moved and Commissioner Turetsky seconded a motion to
approve the resolution. Resolution No.2001-307 was adopted by a voice vote of 5-0
in favor.
9D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida.
Authorizing the City Manager to Sign and Approve the Florida Statewide Mutual Aid
Agreement, Attached as Exhibit "A"; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Manager Russo asked for
approval.
Public Speakers: None
Vice Mayor Kauffman moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No. 2001-308 was adopted by a voice vote of 5-0 in favor.
9E. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida.
Supporting Resolution No. 00-46 of the Miami-Dade County School Board;Urging
the Florida Legislature to Maintain and Continue Appropriations For the Dual Delivery
System for Postsecondary. Adult, and Vocational Programs Under Their Current
Structure; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title.
Public Speakers: None
•
Commissioner Turetsky moved and Commissioner Iglesias seconded a motion to
approve the resolution. Resolution No. 2001-309 was adopted by a voice vote of 5-0
in favor.
9F. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida.
Authorizing a Charitable Contribution, in the Amount of$250,to the David L. Singer
Memorial Foundation; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Manager Russo said this was for
the Special Olympics.
Public Speakers: None
Vice Mayor Kauffman moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No. 2001-310 was adopted by a voice vote of 5-0 in favor.
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Summary Minutes:Regular City Commission Meeting February 22,2001 City of Sunny Isles Beach,Florida
9G. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Directing the City Manager to File a Claim With the Florida League of Cities for
Reimbursement of Legal Fees and Costs Incurred as a Result of the Investigation
Conducted by the State Attorney Inasmuch as the State Attorney Found No Criminal
Activity to Have Occurred in its Final Report; Further Issuing a Finding by the
Commission that Mayor David Samson's Actions Arose Out of the Performance of his
Official Duties; Providing a Determination that the Mayor is Entitled to Reimbursement
of Fees Under Florida Law; Further Authorizing the City Manager to Reimburse the
Mayor from City Funds for Any Fees and Costs Incurred as a Result of this Investigation
that are Not Covered by the City's Insurance Policy; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title and City Attorney Dannheisser presented
her report.
Public Speakers: None
Vice Mayor Kauffman moved and Commissioner Turetsky seconded a motion to
approve the resolution. Resolution No.2001-311 was adopted by a voice vote of 4-0-
1 in favor (Mayor Samson abstained).
9H. Add-On
A Resolution of the City Commission of the City of Sunny Isles Beach, Florida,
Amending Resolution No. 2001-301 Establishing a Revised Schedule for City
Commission Meetings for the Remainder of Calendar Year 2001,by Changing the April
19, 2001 Meeting to Tuesday, April 17, 2001; Providing for an Effective Date.
Action: City Clerk Brown-Morilla read the title.
Public Speakers: None
Vice Mayor Kauffman moved and Commissioner Iglesias seconded a motion to approve
the resolution. Resolution No. 2001-312 was adopted by a voice vote of 5-0 in favor.
10. MOTIONS
None
11. DISCUSSION ITEMS
11A. Status Report on Impact Fee and Special Assessment District Studies by Tischler&
Associates, Inc.
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Summary Minutes:Regular City Commission Meeting February 22,2001 City of Sunny Isles Beach,Florida
Action: City Clerk Browri-Morilla read the title and Community Planning &
Development Director Marla Dumas reported.
12. CITIZENS' FORUM: REQUESTS,PETITIONS&OTHER COMMUNICATIONS
None
13. ADJOURNMENT
Vice Mayor Kauffman moved and Commissioner Morrow seconded a motion to adjourn
the meeting.The motion was approved by a unanimous voice vote of 5-0 at 9:08 p.m.
-Resgectfully submitted by: Approved y the City o ission on Mar. 15, 2001
•*kic_hard Brotvit Morilla, City Clerk David Samson, yor
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