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<br />Summary Minutes: Special City Commission Meeting <br /> <br />January 6, 2004 <br /> <br />Sunny Isles Beach, Rorida <br /> <br />Mayor Edelcup amplified City Attorney Dannheisser's last comment, that the City is saying <br />that the property owner needs to follow the ordinances that are in place for the City as to how <br />the transfers can be made and how transfer development rights can be used, and they will <br />follow the same tracking that is currently used for all TDRs within the City, and that the City <br />is not carving a new method of coming up with TDRs or how they can be used, so the <br />property owner still has the same rights and privileges that pertain to anybody coming to the <br />City with a piece of land in exchange for which we allow the property owner to retain the <br />transfer of development rights, and they are free to use them or sell them during the five-year <br />period after which the transfer development rights are given. Mayor Edelcup noted that at <br />the time that the City enters into this settlement agreement, the clock doesn't start running <br />until twel ve months thereafter, and so, the property owner is getting an extra year in which to <br />arrange whatever disposition they choose to make, over and above the five years that are in <br />the TDR Ordinance. Mayor Edelcup stated that in effect, from the date that the City would <br />sign a settlement agreement, the property owner has the one-year option of how long they <br />wish to take within that year to transfer the land and still have the five years thereafter to <br />dispose of them. <br /> <br />City Attorney Dannheisser reiterated that the decision is being made here at the meeting in <br />the Sunshine, and Mayor Edelcup concurred and requested a vote on whether or not to make <br />a proposal to the property owner. <br /> <br />Mayor Edelcup moved and Commissioner Iglesias seconded a motion to accept the <br />settlement proposal as outlined by the City Attorney and amplified by his further <br />discussion after her discussion. The motion was approved by a roll-call vote of 5-0 in <br />favor. <br />Vote: <br /> <br />Commissioner Brezin <br />Commissioner Iglesias <br />Commissioner Thaler <br />Vice Mayor Goodman <br />Mayor Edelcup <br /> <br />yes <br />yes <br />yes <br />yes <br />yes <br /> <br />Mayor Edelcup stated that the Commission has basically agreed with this vote to that proposal <br />and that the attorneys can get together and see that it meets with everyone's approval, and if <br />this proposal is not acceptable by the property owner, then the City would have no other <br />alternative but to proceed with the litigation, and in the spirit of trying to be helpful and <br />compromising on this, he proposed that the Commission instruct the City Attorney to have a <br />90-day abeyance on the present court proceedings related to the eminent domain, and if at the <br />end of the 90 days an agreement has not been reached, he suggested that the City Attorney <br />then go forward and continue with the lawsuit that has presently been started, but in the next <br />90 days, they would be in a quiet period. <br /> <br />Mayor Edelcup moved and Vice Mayor Goodman seconded a motion to allow a 90-day <br />abeyance on the present court proceedings related to the eminent domain. The motion <br />was approved by a voice vote of 5-0 in favor. <br /> <br />Public Speakers: Raanan Katz <br /> <br />3 <br />