2012-1115 Regular City Commission Meeting

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Summary Minutes:Regular City Commission Meeting November 15,2012 City of Sunny Isles Beach,Florida Mr.Kasdin said the easement would be 7 feet wide by 36 feet in length for a total of 252 feet. He would request the granting of this easement to allow the construction of this means of egress and ingress. As you can also see by the elevation that it is cantilevered over the ground so that actually only a small portion even touches the ground with landscaping underneath and alongside the building. This item is for discussion with the understanding that the Commission would give direction to the City Attorney and City staff as to the terms and conditions that are acceptable to it for entering into an easement and thereafter we can just execute a document between the City. Mayor Edelcup said he did not believe that would be possible tonight, and Mr. Kasdin said he knows but this is just direction as to the terms, not approval of the easement. Mayor Edelcup said we are having a discussion tonight,the item has to be scheduled and put on our schedule for perhaps the December meeting but we would not do anything that is not properly noticed. Mr.Kasdin said in any event the most important thing is an understanding of the terms that we have a meeting of the minds. With respect to evaluation,we have had some discussion on that as well. We look at City property as being a property of the size of 37,933 square feet including uplands and submerged lands. It was purchased for approximately $3 Million but of course property values are less today, and Mayor Edelcup asked him not to go there as property values are whatever a buyer and a seller agree to. Mr. Kasdin said okay but he would like to just put out their theory as to valuation, the value of the property today is$2 Million which is a number that was discussed between the City and the Chabad in the last few months. That yields a value of $52 per square foot with an easement of 252 feet times$52 a square foot we come to a value of$13,000,and they think it is an appropriate value. Mayor Edelcup said first of all we have got to delay this whole thing because he has a memo here from our own Engineer raising some questions as to what we can do on this property. He is willing to listen to the presentation but he can assure him that we will not be making a decision tonight because we still have some questions at staff level. City Attorney Ottinot asked City Engineer Helen Gray to address those issues, and Mr. Kasdin said that his architect and the City Engineer have discussed this. City Engineer Helen Gray said that she did meet with both the Rabbi and then his architect with respect to this. The Architect went through some particulars and you will see that the exhibit contained in the backup originally had the bottom of those stairs landing straight on a storm drain grate, which was a fatal flaw. They did amend the drawings to show a cantilevered staircase down and while it is not optimal it is also not fatally flawed and so to that extent certainly that has mitigated the biggest concern. We talked about elevation differential between egress from the garage exiting out onto City property has to be addressed within their building. To the extent that the City may have to go in and either maintain, repair or replace portions of that storm sewer,we would want some release of liability so that we are not responsible for any inadvertent damage that might occur to their building. They have not commenced structural design so it is difficult to tell what those impacts might be. She would ask that no trees be planted within ten(10)feet of the storm drainage system,and as they go through they will be reviewing an approval process like all projects. There may be some conditions imposed by other jurisdictional agencies or the City's Building Department that may result in some changes to what they are proposing. 25