2003-0619 Regular City Commission Meeting

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Summary Minutes:Regular City Commission Meeting June 19,2003 City of Sunny Isles Beach,Florida enclosure of the project and you wanted it defined as unenclosed and open-air. City Attorney Dannheisser clarified that you want open air, unenclosed, not retroactive, landscaped surface area and a hard surface walkway, it has to be ADA accessible, every building must have a beach access according to the Comp Plan. City Attorney Dannheisser clarified that the definition of"Beach Access" shall mean and include a non- exclusive, publicly accessible, open air and unenclosed landscaped hard surface area easement linking Collins Avenue....". Mayor Samson said that we have never made a restriction on open hours, closed hours, maintenance,and City Attorney Dannheisser said that this is a definition of what it means, how you otherwise improve it, is okay as this is first reading. Commissioner Goodman asked City Manager Russo about the feasibility of them paying the City and keeping these things in proper state and asked if they can pay us and we do it. City Manager Russo said yes,one of the things we did with Luke's contract,besides Public Works checking it,that Luke's people check it every day when they empty the garbage cans,and that the next step would be that they pay us. Vice Mayor Edelcup said that at a previous Commission meeting, we had requested that the City Manager come up with a plan on this for all the beach accesses, and City Manager Russo reported that in Luke's contract on tonight's agenda,for them to check it and then we charge back. Mayor Samson said he would word it,that the cleanliness of the beach accesses will be maintained by the City for a cost to be appraised by the City Manager to be charged to each Condominium Association. City Attorney Dannheisser said that we require easement agreements,which we can include all these restrictions in or not, as maybe applicable to the particular site, this is merely a definition. She suggested that we can do another ordinance that relates more specifically to that, and Mayor Samson asked that she put it on the next Commission agenda. Commissioner Iglesias said if we are going to use unenclosed or open air, we may be leaving ourselves open that if someone wants to do a development, say on the west side, then you can do what they did at the Western Diplomat, which is a structure that is partially enclosed, but it is open-air because there is no tunnel. Commissioner Goodman moved and Vice Mayor Edelcup seconded a motion to approve the proposal as amended on first reading,the definition of Beach Access shall mean and include a non-exclusive,publicly accessible,open air and unenclosed landscaped hard surface area easement linking Collins Avenue....".. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be held on Thursday,July 17, 2003, at 7:30 p.m. Vote: Commissioner Goodman yes Commissioner Iglesias y Commissioner Kauffman yes Vice Mayor Edelcup yes Mayor Samson 6