2005 0210 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting February 10, 2005 City of Sunny Isles Beach, Florida that stage, and at that point the ordinance that was passed they had already committed the crime and have no recourse, and by coming back with this provision so that if there is a commissioner involved in that situation, that commissioner is protected. He said by making this change and recognizing that the Commission is not changing its philosophical approach to zoning matters and that our doors are still closed on zoning matters. Public Speakers: Henry Kay City Attorney Dannheisser reiterated something from the Workshop that she mentioned to the Commission that it is an issue as to whether or not this Ordinance will ultimately be upheld by the courts, so while we are going to put this on the record as a shield, she reminded the Commission that lobbying on a zoning matter is inherently improper and anathema to justice as the Jennings case says and we should decline to do this and either way from the Commission's comments, she said she is going to take it as an instruction to staff when developers say they are going to lobby you to tell them it is not permitted in this City and they must deal directly with staff and then at the public hearing, and the Commission said that is correct. Mayor Edelcup said that anyone in the public that wants to speak on a zoning matter they can't speak to the Commission but they are entitled to speak with staff because they are not setting as judges as the Commission is. Commissioner Goodman moved and Vice Mayor Thaler seconded a motion to approve the proposal on first reading. The motion was approved by a roll call vote of 4-1 (Commissioner Iglesias against) in favor. Second reading, public hearing will be held on Thursday, March 10,2005, at 7:30 p.m. Vote: Commissioner Brezin yes Commissioner Goodman yes Commissioner Iglesias no Vice Mayor Thaler yes Mayor Edelcup yes 8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) None 9. ORDINANCES FOR SECOND READING (Public Hearings) 9 A. An Ordinance ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Amending Chapter 104 Commonly Known as "The Art in Public Places Ordinance" to Require the Placement of Artwork on Private Property as Part of Site Plan Approval; Providing for Purpose; Providing for Definitions; Providing for Applicability; Providing for Exceptions; Providing for Repealer, Providing for Severability; Providing for an Effective Date. (First Reading 1/13/05) Actio,,: City Clerk Hines read the title, and Deputy City Attorney Hans Ottinot reported noting that the Ordinance was amended on page 3, Section 104-4.4(A) struck out "up to, but 6