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2002 0521 City Commission Workshop
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2002 0521 City Commission Workshop
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CityClerk-City Commission
Meeting Type
Special
Date (mm/dd/yyyy)
05/21/2002
Document Type
Minutes
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.i. ;rt. arrc .7;41 tea. <br /> 4. ROLE OF ADMINISTRATION V. COMMSSION <br /> Action: Consensus that approvals of site plans and granting variances will belong to City <br /> Commission, not the City Manager, although they can make recommendations. <br /> 5. ADVISORY BOARD <br /> Action: Initially the consensus that the City should continue having a Planning Advisory <br /> Committee, but with recommendation authority only, no decision making, unless the <br /> Commission should delegate an issue. Ms. Eichner agreed that having an informal <br /> committee is preferable than having a more formal Board. Ms. Grubbs-Freisser <br /> recommended the use of a formal Board for recommendations for example to hear <br /> conditional use prior to the City Commission. After considerable discussion, City <br /> Attorney Dannheisser asked the consultants to draft legislation for proposed guidelines <br /> for a professional committee. <br /> Mayor Samson proposed revamping the CPAC and adding professionals for a total of 20 <br /> members. Vice mayor Iglesias . City Attorney proposed giving the ClManager the <br /> authority to hire professional consultants and to charge the developers for the expenses. <br /> The final consensus was that the City should not have formal Advisory Boards. <br /> Public Speakers: Roslyn Brezin; Phillip Chemoff; Thomas Daly; Clifford Schulman, <br /> Esq.; John Shepherd; <br /> 6. VESTED RIGHTS CONCEPTS <br /> Action: Ms. Grubb-Freisser reviewed the equity of vested rights that can apply. She <br /> mentioned there are three options: 1) if the developer only has vested rights if they have <br /> their development approval completed; 2) the vesting would apply at the moment of <br /> completing their application; and 3) set no standard and decide vesting on a case by case <br /> basis. Further there are two issues relating to vested rights: 1) when should the vested <br /> rights commence, and when should they end. <br /> Ms. Grubb-Freisser says that there is no vesting under a zoning law, and she said the first <br /> option is legally supportable. She mentioned the quote that "rights which rest, do not <br /> vest;" meaning that if a developer does not act on their development permit they will <br /> lose their rights. <br /> Commissioners Edelcup and Goodman supported option #1. Mayor Samson supported <br /> option #2, and Vice Mayor Iglesias agreed to support option #2 but with a two year time <br /> limit. The issue will come back later. <br />
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