2005 0322 Regular City Commission Meeting

Home Browse Search

Summary Minutes: Regular City Commission Meeting March 22, 2005 City of Sunny Isles Beach, Florida and have met all requirements of staff. Commissioner Brezin asked City Attorney Dannheisser if she was conceding that staff was at fault and that is the reason why, and City Attorney Dannheisser said she was not given the recommendations prior to their publication in the agenda, she received it at the same time as the Commission did, had she seen it she would have reviewed it because our TDR Ordinance has changed, she would have been able to compare the latest version with what was in here, and it was the Mayor who raised the issue with her when they met prior to this meeting, so to comply with the ordinance you would have to continue it, but what she offered was that in light of the circumstance, the Commission could choose to waive that procedure, to give a resolution now subject to, and come back hopefully at the next meeting, because she understands that the appraisal was ordered and should be here any day. Commissioner Iglesias said that the bottom line is what is the harm in approving it right now with those conditions that they have to come up with at a later time anyway, it is senseless delaying it. Commissioner Goodman said that they have approved things with conditions, and ifthe conditions are not done, then it would stop, so we are telling them if they don't come up with the conditions by April 14, 2005 then it stops. Mayor Edelcup said that it is important how we establish that if we grant the conditional approval it had nothing to do with the mistake, it only has something to do with that the petitioner did not come with everything that he was required to come with whether we pass it conditionally or not that should be on the record, that we are not ignoring the fact that he didn't make the presentation that is required by the law and in the future for any other petitioners coming before us they should not feel that they can come before us on a TDR issue and give us a two- part site plan approval, that is the law that we said we didn't want to have, we wanted to always have the site plan approved, the TDR issue totally resolved, and a three-day 10% deposit on that TDR, he said that there is some confusion here, but he wants to make it perfectly clear that if we excuse it here, that is not to be taken as an interpretation by any of the proponents that will come before us in the future that we will feel the same because it is certainly being addressed today what is required to come before us, and that is the only point he is trying to make. Commissioner Iglesias moved and Commissioner Brezin seconded a motion for approval, subject to the additional conditions that the money is there, verification of the parking lot, and the color palette, by April 14, 2005. City Attorney Dannheisser said she would like to bring the approval resolution back to the Commission on April 14, 2005 as ministerial. Planning and Zoning Administrator Vera said that in Condition No.4, we are going to take away, "including but not limited to beach access easements, 10-foot landscaping streetscape easement for Streetscape", but we will replace it with "for pedestrian access to and from the bay walk"; and under Condition No.5, take away all but "Maintenance for such easement parcels proffered to the City, shall be the responsibility of the applicant, including 24-hour valet parking services for owners and guests, among other things." Resolution No. 05-Z-91 was approved by a roll call vote of 4-1 (Vice Mayor Thaler against) in favor. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias yes Vice Mayor Thaler no Mayor Edelcup yes 6