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<br />Summary Minutes: Regular City Commission Meeting November 16,2006 <br /> <br />City of Sunny Isles Beach, Florida <br /> <br />replace or construct a fence in a pre-relevant location within one year of signing the <br />settlement agreement; the City agrees to allow it to place a sign that is consistent with our <br />Code on this property; and the City agrees to resolve outstanding issues if Arlen House <br />makes a commitment to resolve issues relating to the fence and also issues relating to <br />property maintenance. He said he has also attached letters from residents of Arlen House, <br />and the President of Arlen House called him indicating that they want the fence to be <br />replaced at the same location, the letters are attached to the confidential memorandum that he <br />gave the Commission. <br /> <br />City Attorney Ottinot said his position is simple, while he believes the City has a strong legal <br />position in court, he believes that the settlement offer provides the City an opportunity to <br />achieve a solution quickly instead of spending all the time and expense litigating this matter <br />in court. He said the settlement offer is a negotiable deal that will resolve in protracting <br />litigation, and he is recommending that the City accept this settlement in order to achieve the <br />wishes of the residents of the Arlen House, and he believes it is in the best interest of the <br />City. He said this case is pending and if the settlement is agreed to by the City, Arlen <br />House will agree to dismiss the lawsuit with prejudice. He asked for Commission direction <br />to accept this settlement offer. <br /> <br />Public Speakers: none <br /> <br />Vice Mayor Brezin asked in No.4, the City agrees to permit the Arlen House to install the <br />sign, etc, is this a City decision, or is it the condominium decision. City Attorney Ottinot <br />said like any other commercial property, they have a right to install or construct a sign on <br />their property and basically it is the City's decision. Vice Mayor Brezin said, from the <br />material that the City Attorney submitted here, it seems as though the President and those <br />that are on this property would be acceptable to getting the major portion of that waterway <br />covered, that does not affect the entire City, we are still in a position to deal with each marina <br />individually, or once this is passed, does this apply to the entire City. City Attorney Ottinot <br />said this settlement only applies to this property. He said he is looking at it from a legal <br />perspective, we can be in court for more than a year, and we may not get a resolution that is <br />in the best interest of the City, and whereas he can get a resolution right now. Vice Mayor <br />Brezin asked about the Ordinance in reference to the marina areas, there were other <br />circumstances there which would present a danger, could this be eliminated through Code <br />Enforcement. City Attorney Ottinot said that this is a Code Enforcement issue. <br /> <br />Commissioner Thaler moved a motion to accept the settlement offer, and Mayor Edelcup <br />said to poll the Commission as to whether or not they want to accept it. Resolution No. <br />2006-1014 was adopted by a voice vote of 4-1 (Mayor Edelcup against) in favor. <br />V ote: Commissioner Goodman yes <br />Commissioner Iglesias yes <br />Commissioner Thaler yes <br />Vice Mayor Brezin ~ <br />Mayor Edelcup no <br /> <br />22 <br />