2003-1120 Regular City Commission Meeting

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Summary Minutes:Regular City Commission Meeting November 20,2003 City of Sunny Isles Beach,Florida Pier Park, all of it related to rights as to the right-of-way then. She noted that this is a park, and it was conveyed to us as such by the County, and they expect us to maintain it and utilize it as a park, and that is the reason when they conveyed it they give us a reverter clause that says if you don't do that, they are going to take it back from us. She stated that the ideal circumstances would have been if the County would have opined on their own charter, to tell us whether in fact we are violating the Home Rule Charter by using this entrance, irrespective of the permit agreement to allow ingress and egress as an entryway to a condominium. She noted that they have declined to do so and she read a letter that was written by the Parks Department Director, dated September 9, 2003 addressed to the City Manager,"As you know we have expressed serious concerns about the plans for the La Perla development, that is now under construction adjacent to the Gilbert Samson Park. After several discussions with the County Attorney's Office,we have concluded that several conditions will have to be met to address our concerns. These are: the Park should have very clear signage visible to vehicles as well as pedestrians announcing the Park as a Park that provides beach access and parking, the signs would have to communicate to the ordinary passerby that this area is not private but available to all;the parking should remain on site,selfparking and not be relocated to the adjacent garage; it should provide for all currently available spaces; there should be a clear differentiation between the adjacent condominium and the park,this might involve colored schemes for pavers and planters of distinctive landscape buffer, etc." City Attorney Dannheisser said that she believes, in her opinion, that this new plan has attempted to comply with all of these things. She continued to read "I understand that this has been a difficult issue and I believe that any challenges to the development will ultimately be a matter for judicial determination,these are simply steps that can be taken to lessen our concern that public access would be compromised in any way." City Attorney Dannheisser said that this is an important point, this means that this issue, and the only reason why she has any involvement in this process is because as the City's Council, she would be remised to tell the Commission that they don't have to worry about Article 6, there are in fact not one litigation but four pieces of litigation for law suits filed based on an Article 6 challenge that is that this Park is being improperly used through this approval that we have given. She noted that there have been two settlements but the problem is there is no way of preventing anyone from filing an Article 6 challenge in the City. City Attorney Dannheisser said that this is a policy issue for this Commission, either you agree that they have made every attempt to mitigate and you are willing to take the risk in the event of a litigation, and whether you allow them to stage. She stated to Mr. Price that these are tied issues and need to be decided at this point,and it needs to be decided on a general sort of way because we have not noticed this as a specific zoning hearing,depending on the consensus tonight,we will come back and redo the Resolution that originally permitted them to use the park as a entryway or they can come back as an amendment to a site plan or if it can be an administrative issue. She stated again that the policy issue needs to be decided by the Commission. Mayor Edelcup noted that that the County already said it is okay if they meet these four conditions,but then they are playing it safe on the other side even if they can't guarantee it. Mayor Edelcup said that the County is saying go ahead and use it as an entranceway, 9