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Summary Minutes:Regular City Commission Meeting September 20,2012 City of Sunny Isles Beach,Florida <br /> level. Commissioner Scholl said exactly, that is the point because we are just not sure what <br /> we are going to do with the Park yet. Mayor Edelcup said that something could always be <br /> developed on the Park and then it isn't available, until we know where we are going on that. <br /> Commissioner Aelion said that the Rabbi had mentioned the issue of privacy,if this easement <br /> comes to discussion and fruition, the privacy issue in that area, are you satisfied with that. <br /> Mr. Kasdin asked if he met on the baywalk,and Commissioner Aelion said on the west side of <br /> the property. Mayor Edelcup said the baywalk can never be closed for any event, and he <br /> asked the Rabbi if that is what he understands. Mr. Kasdin said no, what is reflected in the <br /> recommendation,there will be times when we seek approval to close it but that there will be <br /> no permanent barrier erected. Mayor Edelcup said then that you had better ask for how many <br /> times because if it becomes repetitive we have another problem. Mr. Kasdin said it <br /> contemplates that we will come back to the City as is in the recommendation to work out an <br /> arrangement of the times that we would be allowed to close it,and Mayor Edelcup said that is <br /> not good enough. Mr. Kasdin said whatever you will approve,we will come back to you and <br /> we will say these are the times, and Mayor Edelcup said he would be willing to consider <br /> something like no more then four times a year but if you are going to leave it open. City <br /> Attorney Ottinot said he knows it was in the discussion but it was not in the recommendation <br /> relating to closure of the baywalk. What he is indicating is to allow Commissioner Scholl to <br /> make the motion based on some of the major issues that are resolved. He thinks the closing of <br /> the baywalk, he thinks that issue, unless it is addressed down the line, because the number of <br /> times with respect that you need closure, obviously you don't know the exact number. Mayor <br /> Edelcup said if we approve this today, it is with no closure, you can ask for it but it is <br /> approved with no closures today. Mr. Kasdin said he would like to clarify that because if it is <br /> included as a condition of the site plan with a variance then the City,unless it changes the site <br /> plan approval or the variance, would not have the power to allow closure,and so putting in a <br /> condition saying that it cannot be closed ever is a problem. What we could do is, if it is <br /> understood that any closure will require City approval, then we can sit down with the City <br /> when we have need to close it. Commissioner Scholl said that is fine, he does not have a <br /> problem with that. Vice Mayor Thaler said that you are better off establishing a number,and <br /> if you need more come back to the City. <br /> Commissioner Scholl said he would state his motion, Option B. basically at this point no <br /> easement, $2,200 per space for 26 spaces, and the baywalk closure would be permitted in the <br /> future but only at the City's approval, and so if the City only wants to approve it one time a <br /> year,that is up to the City. Ultimately he agrees with Mr. Kasdin because if we say no closure <br /> then they will have to come back here and we will have to deal with it again. Vice Mayor <br /> Thaler said what he is saying is that a number should be established because you never know, <br /> the Commission changes all the time. Mr. Kasdin said they had discussed this with City staff <br /> and the City Attorney and we acknowledge that we have to sit down to determine how many <br /> times it actually is. This still gives the City the ability to say yes or no but to put it as a <br /> condition of a site plan or zoning variance is entirely a different thing. <br /> City Attorney Ottinot said for clarification, the baywalk which we impose as a condition, all <br /> Applicants that have property along Sunny Isles Boulevard,be treated just like a beach access. <br /> An applicant would have to enter into a Declaration of Restriction like the beach access,one <br /> of the conditions is that access remain unimpeded and no blockage on a 24-hour basis. <br /> 13 <br />