2011-0915 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting September 15, 20 II City of Sunny Isles Beach, Rorida 7B. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Article V of the City Code by Creating a New Section 265-24, Entitled "Private Purchase of Air Rights Not as Part of the Transfer of Development Rights Program" ("TDR Program"); Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. Action: City Clerk Hines read the title, and Mayor Ede1cup reported noting that this clarifies the City's ordinances that the transfer of air rights in no way transfers any kind of developable rights which are only transferable through our TDR Program. If there is a sale or transfer of air rights from a low-rise building to a high-rise building the builder of the high-rise building cannot use any of those rights in making his building any bigger. All he can do is assure himself that the low-rise building next to him will not be built higher. At a future date if that low-rise building is demolished, they can only build to that same height of the old building because the air rights have been sold or they have to renegotiate and try to reacquire the air rights to build any higher. Public Speakers: none Commissioner Scholl said to effectuate the goal of not building a higher building next door they would really be buying a deed restriction, and what the Mayor is concerned about is that he never wants the air rights ever to be construed as a transfer of developable rights from one property to another like we do with the TDRs. Commissioner Scholl moved and Vice Mayor Thaler seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 5- o in favor. Second reading, public hearing will be held on Thursday, October 20, 2011, at 6:30 p.m. Vote: Commissioner Aelion yes Commissioner Gatto yes Commissioner Scholl yes Vice Mayor Thaler yes Mayor Ede1cup yes 7C. An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Chapter 14-16 of the City Code to Authorize Code Enforcement Lien Search Fees; Providing for Severability; Providing for Inclusion in the Code; Providing for Repealer; Providing for an Effective Date. Action: City Clerk Hines read the title, and Assistant City Manager/Services Vera reported that this ordinance is incorporating these fees into Code Enforcement Chapter 14, and also increasing the fees by $25 for the research. Public Speakers: none Vice Mayor Thaler moved and Commissioner Gatto seconded a motion to approve the proposed ordinance on first reading. The motion was approved by a roll call vote of 5- o in favor. Second reading, public hearing will be held on Thursday, October 20, 2011, at 6:30 p.m. 3