2004 0106 Special City Commission Meeting

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Summary Minutes: Special City Commission Meeting January 6, 2004 Sunny Isles Beach, Rorida Sunshine again and will be following the laws as set forth in Section 286.011 of the Florida Statutes. Mayor Edelcup adjourned the meeting at 7: 13 p.m. and went into a closed door Executive Session with the following people present: Mayor Norman S. Edelcup Vice Mayor Gerry Goodman Commissioner Roslyn Brezin Commissioner Danny Iglesias Commissioner Lewis J. Thaler Christopher J. Russo, City Manager Lynn M. Dannheisser, City Attorney Norman Malinski, Esq., Special Counsel Rachel Pearl, Court Reporter, Downtown Reporting 4. RECONVENE: Discussion and vote on direction of litigation. Action.' Mayor Edelcup reconvened the meeting at 8:40 p.m. City Attorney Dannheisser stated that the issue at hand is whether to accept the settlement proposal, or proceed wi th the eminent domain litigation and outlined the terms of the proposal as follows: · Settle the litigation by securing 18100 Collins Avenue in consideration of allowing the property owner to make an application to transfer development rights from that property as a sender site to other receiver sites. · The property owner would have one to two years within which to make that transfer, the initial transfer, which will allow the deeding of the property to the City and the closing of this transaction. · The property owner will tract the ordinances, comply with all the terms of the TDR Ordinance as they exist. · The property owner would waive any attorney's fees and costs from this litigation. Mayor Edelcup added that as part of the settlement, $385,000 would be paid by the donor of the property, and City Attorney Dannheisser said bonuses, which would be counted toward the TDRs, could be transferred. Mayor Edelcup also added that the property owner can close within the one year, that he does not have to wait any time within the one year, and that he has the normal TDR time of five years thereafter to dispose of them, and City Attorney Dannheisser said or if any of the above fails to occur, the City could continue with the litigation as outlined by the eminent domain counsel within the time frame set forth. Special Counsel Norman Malinski, Esq., asked if the Commission wanted to clarify the terms or the timing under which the property is to be delivered by a deed, and City Attorney Dannheisser said yes, the property under the settlement would have to be delivered within one year. City Attorney Dannheisser further stated that the transfer of the TDRs is discretionary with this Commission, and the City cannot guarantee that transfer, otherwise we would be creating contract zoning, but that we would accept an application, assuming that all terms of the Ordinance are met, and that this Commission deems it so, the rights would be transferred, and that these are the terms of the settlement. 2