2008 0208 Special City Commission Meeting

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Summary Minutes: Special City Commission Meeting February 8, 2008 reinforcing her feelings hecause eVen though she felt fairly secure in her decision it Was very nice to have it justified by all the facts that he presented today, and she thanked City Attorney Ottinot as well for a job well done. City of Sunny Isles Beach, Florida Vice Mayor Thaler thanked Mr. Calloway for an excellent presentation. He said one poin~ and it was broUght out on Commissioner Scholl's question as to the cost of the City itself, and the time that has not been mentioned yet of OUr key people in OUr Legal Departmeot. He said the total cost is in eXcess of your $50,000 that Was left over on the oumber. In goiog through all the oumbers he Comes up very close to the numbers that Mr. Calloway laid out and then including going forward, if we Were to go forward, and also have the additional challenges and there is no question in his mind that the $7 Million Dollars is a very good settlement for the City to take at this point, and therefore we will be able to move on and utilize the efforts of both the Commission and our attorneys in new and additional projects. Commissioner Goodman thanked Mr. Calloway for his excellent presentation, and he also feels that it is a good settlement, it took a long time, and he congratulated staff, but the only thing he questions is the $336,000.00 in reference to the City when they say they reduced the fines to 10% and he doesn't feel that is fair or reasonable because when people get summons and they ignore them, and by reducing the fines it causes difficulty for other people who obey the law, so this number was put down and it becomes part of this agreement, and that is the part that he thinks needs lOOking at in the future. He said he agrees to the agreement, he thinks it is a fair agreement, the presentation was excellent, he learned a lot from it. Mayor Edelcup said he is very pleased with the proposed settlement, it has been a long time, it has been an arduous four years, and certainly We and Mr. Katz needs to put this behind us, and if We were to continue this in court more likely or not we would still be here years from now under some appeal process that neither We or he would have initiated, and time and money, interest, and labor of all of our people would have been involved in really a fruitless adventure to satisI)> OUr ego or his ego, and he feels that We have finally arrived at a figure that he believes is fair and just for all parties. He said in reference, when We bOUght the Galbutt property which today is Heri tage Park, we paid approXimately the same per acre for that as we are now paying per acre for this, and in his background when he Was trying to come up with a number for settlement he Was using that as a benchmark which he doesn't think the appraisers had factored in because it came after the fact, and so in total in settling all these other issues are minor points in the greater good for both Parties and he has no problem in reCOmmending that We move forward and make this an official acceptance for this proposal. 3B. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Settlement in the Case of City of Sunny Isles Beach vs.18100 Collins Avenue Shopping Center, Ltd. Et. AI., Case No. 04-12891CA 10; Providing for the City Manager and the City Attorney with the Authority to Do All Necessary Things to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title. Vice Mayor Thaler said that there was a oote aod a letter sent out with two colors 00 it, is there a palette that has been established, or how do we establish the colors, aod City Attorney 5