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<br />Summary Minutes: Regular City Commission Meeting March 22, 2005
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<br />City of Sunny Isles Beach, Florida
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<br />traffic in that area as a pedestrian and driver, Mayor Ede1cup said one of the reasons they
<br />designed in the Town Center, the colonnade area, was to create a wider plaza for people to be
<br />able to walk, so we are addressing the safety and convenience of people being able to walk by
<br />creating not only a outside plaza but a colonnade covered plaza, and as it relates to the
<br />vehicular side, there is no easy answer, it is part of the tradeoffs that we have to examine.
<br />Commissioner Iglesias said that is correct, people want traffic to move, and pedestrians want
<br />to get across Collins Avenue, traffic is something we have to live with, FDOT is looking at
<br />other solutions, mass transit, there is no easy solution. Ms. Kline suggested putting a light at
<br />Oceania where we are trying to get out to make that U-Turn. Commissioner Iglesias said that
<br />a traffic signal request would have to be made from the FDOT, they would have to look at it,
<br />it has to be warranted, it has to be placed within a certain distance ofthe intersection, which is
<br />163rd Street, and it is not simple, there is 7-10 different signal warrants criteria that must be
<br />met before a traffic signal is warranted. He said the final say is FDOT, and that he would
<br />bring it up.
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<br />Mayor Edelcup asked City Attorney Dannheisser on some instruction on how to proceed, we
<br />still have to have a hearing for the TDRs and the other conditions, is it best that we continue
<br />this until that takes place or should it be conditionally approved? City Attorney Dannheisser
<br />said that the Commission recently revised the TDR ordinance such that we have to identify
<br />the sender site, and that would be the City with the receiver site, and within three days ofthe
<br />approval a 10% deposit or down payment must be made, if you wish to comply with that
<br />provision then you would have to continue the hearing until we get the appraisal, Mr. Milton
<br />will agree to the amount and we would do it from there, but in fairness, this was not part of
<br />the recommendation and she said that whenever this was written there was not a recognition
<br />that that change had occurred. Mayor Ede1cup said that it was an oversight in preparing these
<br />documents. City Attorney Dannheisser said that she didn't get a chance to review it before it
<br />went into the packet, so if you want to comply you have to do that, or you can say that you
<br />will approve the site plan subject to bringing it back for the next meeting, whenever we get
<br />the appraisal done, and then everybody would be on notice that the procedure is going to
<br />change, it is all going to happen at the same time. Mayor Edelcup said we can clarify that the
<br />only issue outstanding to be presented at a future time would be the TDRs. Mr. Schulman
<br />said he had given the color palette and incorporated that into the approval, and Vice Mayor
<br />Thaler said that he wants to see the swatches. Mayor Ede1cup said that would be two things,
<br />the color palette needs to be presented to us, and the TDRs have to be agreed to as to price.
<br />Mr. Schulman said with approval tonight subject to the condition that those two items come
<br />back before the Commission, and Mayor Edelcup said he would like to continue it on that
<br />basis. Commissioner Goodman said we can set a date of April 14, 2005 to finalize this and
<br />come up with the 10% deposit and the colors, and Vice Mayor Thaler noted that we also need
<br />a clear indication ofthe handicapped spaces. Mayor Edelcup said that we should continue it
<br />not approve with conditions, and City Attorney Dannheisser said in the future we have to do it
<br />the way our ordinance says, but she said in fairness to this applicant, and Mayor Ede1cup said
<br />that we should adhere to the laws that we put on our books, and the law really requires us to
<br />continue it and not approve it at this point. Mr. Schulman said if it is not approved tonight it
<br />will freeze the project. Commissioner Brezin asked what hardships this would present to the
<br />applicant to defer it to the next meeting. Mr. Milton said his whole procedure starting with
<br />the plans and getting them to the Building Department for approval is frozen, he cannot do
<br />anything with the plans until he has permission from this Commission, they have come today
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