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 short. In our earlier discussions we had mentioned the willingness to work out something with regards to 26 spaces. And as to your point Mr. Mayor, to get back to where we were to try to accommodate what your wishes are, we could look to paying a fee for the 26 spaces,the $2,200, which relates to the $11,000 that was charged for the office building which is a five- day a week use. We view it as a one-day a week use which is when the sanctuary is being used or when there is an event on Saturday, and so that is 20% of$11,000 which is $2,200. We feel that there is a certain logic to that as a number that we would proffer. Mayor Edelcup said we can't vote on the two options,we can only vote on one option, is that correct? City Attorney Ottinot said yes, one option is for the use of City property and to improve a portion of the Park with landscaped terraces and access stairs; and the second option is where the Applicant will use their own property without any encroachment on City property. Therefore, a motion needs to be made and indicate option A for use of City property,or option B to use their own property. Commissioner Scholl asked if in light of the Mazacco letter, do we have an issue with Option A? City Attorney Ottinot said there is an issue but with respect to the Mazacco letter because this will only require just an easement between the City and Applicant,that letter does not preclude us from allowing the Applicant to use our property. Commissioner Scholl said he would rather have a smooth transition from the Park, that would be his preference but as long as we don't have a legal issue with it, and City Attorney Ottinot said there are no legal issues. Mayor Edelcup said until we know what we are going to do with the Park, he thinks it would be the wrong thing to do. What he thinks we should do is approve Option B and give them the right to come back, once we have decided what is happening to the Park property. Commissioner Scholl said yes so we can figure out what we are doing because then we might be able to incorporate that design into the Park and make a smooth transition. Mayor Edelcup said he thinks what we are calling the vote on is to accept the proffer to have Option B in place. Commissioner Scholl made a motion to accept the proffer of$2,200 per space for 26 spaces with Option B meaning that we are not going to approve the easement today but we encourage the Applicant to come back and we work on the easement in conjunction with them finalizing their plans and the City figuring out what we are going to do with the Park. Vice Mayor Thaler said the variance is a 50-spot. City Attorney Ottinot said a motion to approve the variance, and also with the condition that they will purchase the 26 spaces at the cost as indicated. Mr. Kasdin said that the easement, the encroachment would come back when we come back for approval of the easement,and Commissioner Scholl said yes, what we are saying is that we don't know what we are going to do with the Park,and the plan that you are proffering today may not be harmonious with the Park but he thinks that we are generally in favor of some easement to make it have continuity between the Applicant's structure and the Park. Mayor Edelcup said that is not part of this, and Commissioner Scholl said right, well that is what we are saying though, what we are saying is that we are not sure what that is going to be yet, and so we would encourage them to work with staff. City Attorney Ottinot explained that the Mayor indicated that let's approve the project within your property, with that in mind, that the Applicant wants to use the City property or the 17 feet, we can enter into an easement agreement which would not be an additional cost because it would not require a site plan hearing. It would just be an easement agreement and you can come in and file a modification to the plan with staff, and Mr. Kasdin said to approve at staff 12