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<br />Summary Minutes: Regular City Commission Meeting October 14, 2004 <br /> <br />City of Sunny Isles Beach, Florida <br /> <br />in the substitute Ordinance that while this second resolution has to be issued, once a <br />receiver site gets approved for TDRs in addition to their underline zoning, that becomes <br />an obligation of the Commission, it is not debatable after that, when a resolution comes <br />before the Commission, it is a ministerial manner, you must authorize the transfer unless a <br />condition has not been met. She said that they have agreed that the Ordinance in effect at <br />the time an application is filed will be the one applicable, but we are now requiring that <br />the City shall receive an indemnification and hold harmless from both the seller and <br />purchaser of the TDRs in a private transaction before any withdrawals are made. Mayor <br />Edelcup asked about the 50,000 cap, and City Attorney Dannheisser said that has already <br />been removed from the City-owned bank. <br /> <br />Public Speakers: Cliff Schulman, Esq.; Mary Ann Eicke; Herb Abramson; Henry Kay <br /> <br />Cliff Schulman, Esq., asked to meet with staff and consultants about their concerns, and <br />City Attorney Dannheisser said that for the record, anything that he raised as a legal point <br />was not a problem. Commissioner Thaler said that there was a second fax from Stanley <br />Price, Esq., where he relates to the Regalia, and he asked City Attorney Dannheisser to <br />explain any connection to the Ordinance, and she said since we are in litigation and we <br />have supported this project, we have vigorously defended it, and so far have won in the <br />challenge to this approval that there is nothing in this amendment that will adversely <br />effect that approval, and that approval has been secured and the TDRs that were requested <br />were granted as part of that site plan approval. She said that the only thing that may be <br />affected is the ministerial transfer of those TDRs. <br /> <br />Vice Mayor Goodman moved and Commissioner Iglesias seconded a motion to approve <br />the proposal on first reading, as amended. The motion was approved by a roll call <br />vote of 5-0 in favor. Second reading, public hearing will be held on Thursday, <br />November 18, 2004, at 7:30 p.m. <br />Vote: Commissioner Brezin yes <br />Commissioner Iglesias yes <br />Commissioner Thaler yes <br />Vice Mayor Goodman yes <br />Mayor Ede1cup yes <br /> <br />8. PUBLIC HEARINGS (Other than Ordinances for Second Reading) <br /> <br />None <br /> <br />9. ORDINANCES FOR SECOND READING (Public Hearings) <br /> <br />None <br /> <br />7 <br />