2012-0920 Regular City Commission Meeting

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Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida them said no, we are the citizens of the City and pay taxes here and in fact as far as the revenue goes,right now there are meters in that parking lot and they bring no revenue. Once we are there, it will be our members who will be using and paying those meters and bringing to the City that revenue. The point that Commissioner Aelion made earlier, as far as B'Nai Zion, he knows the situation in that congregation but he still moved here a few years ago. Most of their members do not live here, and he knows the people who belong to that congregation. There was another place in Normandy Island and they moved here because most of these people are Colombians who live in Aventura. A vast majority of his members live here in Sunny Isles Beach. Commissioner Scholl said he thinks we have a unique set of conditions here. It is under the bridge, it is a City lot that is hardly used, and we are about to build a new parking lot. This will bring additional revenue to this parking lot, and you have the FDOT piece as well. He agrees with the Rabbi that the uses are relatively mutual exclusive. He thinks there is sufficient parking for the school when it is in use based on it being a drop-off. Mayor Edelcup said he has to remind everyone that there is a set of criteria for granting variances. If you don't meet the criteria for granting those variances,they are subject to being tested in the courts,and this City has always tried to make sure that any variance that is being granted meets the criteria. Staff has not indicated to us that we meet the criteria and so you are asking us to go against staff and the criteria outlined by the State Legislature as it relates to other parking spaces that have been provided underneath that bridge. Those were paid for by developers who owned other property that did buy-downs to get bonuses for development,and so everyone has always chipped in to provide for parking in this City. Parking has always been a problem for this City and for us to turn our backs on our responsibility he finds incredulous. As much as he would like to bend for this,he just does not think we are playing fair with all of our residents. Mr. Kasdin said for the record that the staff report says it does meet the criteria for the variance. Mayor Edelcup asked City Planner Hasbun to explain how it meets the criteria. Ms. Hasbun said on page 6 of the Staff Report we have indicated the evidence presented by the Applicant which is also in the application. Mayor Edelcup said as long as he has been on the Commission, we have not granted a total parking variance, we have negotiated but we have never given away the entitlement for no cost. Rabbi Kaller said it sounds like from all of our discussions that the parking is not there, the parking is there,and there is ample space there. It is just a matter of the City wanting them to give money, it is not about the parking not being there. Mayor Edelcup said it needs to be on your property,everyone pays taxes to have the City be as beautiful as it is but you are asking us not to. He said he believes that the Rabbi can understand that we are trying to work with him but if we are not going to receive any kind of an offer in compromise than we are ready for the vote. Mr. Kasdin said that the Rabbi has stated why the parking isn't required in the special circumstances but to promote harmony and bring some accord into the discussion,they would be willing to propose the following: for 26 spaces they would pay $2,200 and the rationale for that is that in addition to the fact that there are 26 spaces currently that the City has across the street, the likelihood of an additional 40 spaces, which would be available on the FDOT property, is 66 spaces. In addition to the 22 spaces, you are only about 8 spaces 11