2003-1120 Regular City Commission Meeting

Home Browse Search

Summary Minutes:Regular City Commission Meeting November 20,2003 City of Sunny Isles Beach,Florida he does not have a problem with that, but he doesn't want to see the Park closed for any kind of construction. Vice Mayor Goodman asked City Attorney Dannheisser who would end up suing the City and what would be our action in reference to this, and she said that any citizen can challenge under Article 6, whether or not we have violated that. Mayor Edelcup said that the risk to the City would be that the developer would be at risk because the City would just have to go back and say I am sorry Mr. Developer but you can't use it. He said that the City does not have a monetary liability assessed to it because it went ahead and did this, the developer is the one that is at risk. Mr. Price said that is correct and two other points is that he has a title company who has assured title to them that they have a right to go through that park,the risk is their risk. He said that two of the four lawsuits have been settled and the third one is about a week away from being settled. Mr. Price said that he has been advised by his client that they will not come back to the City at any point of time to seek staging on this property. City Attorney Dannheisser said that it was the construction that raised the whole issue. Commissioner Iglesias said that entrance through the park is safer than going through Collins Avenue, the site distance is improved, your accessibility is improved, and your storage is vastly improved. He noted that right now we have 29 parking spaces and now we will have another 29 parking spaces in the building; the City will get the Park back including the revenue. Commissioner Iglesias asked the developer if they would include two or three of the decorative lighting, the City would maintain them, but the developer would put it in the original cost of the improvement. Mayor Edelcup summarized the consensus as: there will not be any construction on the site except the time when the site itself is being improved; the ingress and egress would be allowed to be through the Park; and the City would maintain the 29 parking spaces in the Park, 29 spaces in the building, the Park would be given back the management to the City,the lifeguards will be paid as in the original license; and latest edition is that we will have lights in the Park. City Manager Russo added that they include a lighting plan for the Park and the inclusion of would be paid for by the developers of Jade on the Beach, the public bathrooms with shower and water fountain be sited on the plans also. City Attorney Dannheisser said to add one more thing to the summary that there has to be a determination on what process the City is using to accept this new site plan, the resolution that was passed which was the precondition to the zoning approval, had a different site plan,it may require just another resolution with this attached to it and put it on the December 18, 2003. Commissioner Thaler would like to put this on the December 4, 2003 agenda. Mr. LaMondon said that they have a demolition permit, a foundation permit, and asked if during this period of time, can they proceed with that. City Manager Russo said that for the record, they did not take out a building permit yet, because the records show that they owe $1,889,394.40 to the City, they have paid $465,404.48 to the City. Commissioner Brezin said that she is not in favor of closing any public park during construction,and there should be no staging in that Park. When asked where the staging will take place, Mr. LaMondon said that Mr. Comfeld has permitted 10