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 hand the ordinance says that the art has to be approved as part ofthe Site Plan approval, and are making this ordinance retroactively applicable. He suggested on projects that have already received site plan approval don't have to have this ordinance applied to them at the time of the building permit. He cited a couple of cases for the City Attorney to review ifthis ordinance is deferred tonight, that you cannot exact from a developer something that is not reasonably related, has a rational nexus to what that developer's impact is upon your community. Mr. Schulman suggested unless you can show a rational nexus a connection between impact and what you are asking a developer to give you or provide to the public, it is illegal and they have asked the City Attorney to look into that. He said he agrees with Mr. Price, that the City is discriminating against multi-family developments and commercial developers, and suggested this ordinance be deferred. Mayor Edelcup said that we can create a limit, and create a little more fairness by not going retroactive back to any projects that have been previously approved. He said since we set a $500,000.00 limit on art to be spent in a private place and it was open-ended as to what the contribution would be in lieu ofthat in a public place, still trying to encourage art to be spent locally at the private place he suggested capping the public place at $750,000.00, in other words, it is a quarter of a million dollars more if you are going to give it to the City because we would rather see it spent on the project or in the alternative make them equal at $500,000.00. Commissioner Iglesias agreed with making it equal, but he said he doesn't think that there will be a problem because the structures are works of art in themselves, but perhaps a smaller building that cannot fit in a total of$500,000.00 that would put a nice water feature that may cost $200,000.00 and then the difference of$300,000.00 would go to the City for a combined total. Deputy City Attorney Ottinot noted on page 63 [in agenda package] item C, allows what was just suggested. Mayor Edelcup said then that they have a consensus here that they agree to a $500,000.00 cap for both places, and the difference will go to the City ifthey don't spend the $500,000.00, and that they are also agreeing that this is not going to apply retroactively. Commissioner Goodman moved and Commissioner Iglesias seconded a motion to adopt the ordinance, as amended. Ordinance No. 2005-221 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Brezin Commissioner Goodman Commissioner Iglesias Vice Mayor Thaler Mayor Edelcup yes yes yes yes yes Sitting in as the Local Planning Agency and the City Commission, to Consider an Ordinance Amending the Land Development Regulations (LDRs) 9B.1 A Resolution of the Local Planning Agency of the City of Sunny Isles Beach, Florida, Recommending to the City Commission of Sunny Isles Beach, the Ordinance Amending Section 265-46 "Off-Street Parking, Loading and Driveway Standards" of the Land Development Regulations, to Repeal Section 265-46A (2) (b) which Provided for a Parking 8