2012-0510 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting May 10, 2012 City of Sunny Isles Beach, Florida agreement worked out with several representatives from LaPerla Condominium to use a piece of their private property to facilitate the reconstruction of the Newport Fishing Pier. This agreement is what they have tentatively arrived at and are asking the Commission to move forward with. He noted that the rest of the Board was not entirely pleased with this agreement and had decided to retain counsel. We anticipate meeting with them next week to discuss other issues that they have regarding Pier Park, we may have to tweak this agreement. If there are substantial changes then we will hold off on this and bring you a new agreement next month. Public Speakers: None Mayor Edelcup said if we get bogged down then he thinks we ought to look at other legal approaches to getting the work accomplished. Commissioner Scholl said he met with them along with the City Manager and he felt they were being pretty reasonable because we are not asking for a lot but this is the latest wrinkle. He said that he will stay involved because traditionally we have been able to work out with them a number of amicable things over the years. Mayor Edelcup said he will turn over the list of questions to him that he received today, and it sounds more like an adversarial role than a cooperative role. He doesn't want the Pier project to be held back and there may be other legal approaches to get this resolved. Vice Mayor Thaler asked what has changed and why do we need to use their property, and Commissioner Scholl said for a staging area for certain pile placement that is one foot and nine inches from the edge of their property. Mayor Edelcup said that they are still trying to get those 29 parking spaces in Pier Park eliminated. City Manager Cohen said that some of the representatives of LaPerla want to work with the City, and they do not want to hold this project up. There is a difference of opinion in the body and we hope to work with them to come up with an amicable solution. Commissioner Aelion said it is all about property value and so it is definitely advantageous for them to approach the issue with the possible elimination of the parking, and Mayor Edelcup said we will never do that and that item can never be put on the table. Commissioner Aelion moved and Commissioner Scholl seconded a motion to approve the resolution. Resolution No. 2012 -1910 was adopted by a voice vote of 5 -0 in favor. 10K. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving the First Amendment to Agreement with Beiswenger, Hoch and Associates, Inc. (BH &A), to Provide Post Design Services for the Sunny Isles Beach /Newport Fishing Pier, in an Amount Not to Exceed $11,337.50, Attached Hereto as Exhibit "A "; Authorizing the Payment of $10,000.00 as the City's Contribution for Revision to Plans for Restaurant Area; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and City Manager Cohen reported that there are two components to this request. We have an agreement with BHA that we are asking for an increase to it. There is also a separate contract between BHA and Dr. Cornfeld which we had discussed and agreed to cover 25% of the cost of that contract. The Dr. Cornfeld contract is driven primarily, but not exclusively, by changes that Dr. Cornfeld requested 14