Loading...
HomeMy WebLinkAbout2004 0106 Special City Commission Meeting SUMMARY MINUTES Special City Commission Meeting Tuesday, January 6, 2004, 7:00 p.m. City of Sunny Isles Beach, Florida A TTENTlON ALL LOBBYISTS: CITY LAW REOUlRES YOUR REGISTRA TION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION, PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 7: 10 p.m., with the following officials present: Mayor Norman S. Edelcup Vice Mayor Gerry Goodman Commissioner Roslyn Brezin Commissioner Danny Iglesias Commissioner Lewis J. Thaler City Manager Christopher J. Russo City Attorney Lynn M. Dannheisser City Clerk Jane A Hines 2. PLEDGE OF ALLEGIANCE Action: Mayor Edelcup led the Pledge of Allegiance to the flag and welcomed Vice Mayor Goodman back. 3. ADJOURN INTO EXECUTIVE SESSION: Meet with legal counsel to discuss settlement negotiations and litigation strategy regarding the Petition for Eminent Domain regarding the property located at 18100 Collins A venue, filed by the City of Sunny Isles Beach, Case No. 03 21419 CAlO. Action.' Mayor Edelcup made a welcoming statement and explained the procedure for tonight's closed door Executive Session to meet with legal counsel to discuss settlement negotiations and litigation strategy concerning the City's action in the eminent domain on the property located at 18100 Collins A venue a/k/a the Alamo Property, noting that a Court Reporter would be present along with the City's outside Counsel, City Attorney, City Manager and the City Commission. Mayor Edelcup also noted that a transcript of the session would become available to the Clerk after the litigation matter has been brought to a close either by settlement or by court determination, and at the conclusion of the Executive Session they will reconvene publicly to take a vote on the discussion, and clarified that a vote will not occur until they are in the 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 Summary Minutes: Special City Commission Meeting January 6, 2004 Sunny Isles Beach, Rorida Mayor Edelcup amplified City Attorney Dannheisser's last comment, that the City is saying that the property owner needs to follow the ordinances that are in place for the City as to how the transfers can be made and how transfer development rights can be used, and they will follow the same tracking that is currently used for all TDRs within the City, and that the City is not carving a new method of coming up with TDRs or how they can be used, so the property owner still has the same rights and privileges that pertain to anybody coming to the City with a piece of land in exchange for which we allow the property owner to retain the transfer of development rights, and they are free to use them or sell them during the five-year period after which the transfer development rights are given. Mayor Edelcup noted that at the time that the City enters into this settlement agreement, the clock doesn't start running until twel ve months thereafter, and so, the property owner is getting an extra year in which to arrange whatever disposition they choose to make, over and above the five years that are in the TDR Ordinance. Mayor Edelcup stated that in effect, from the date that the City would sign a settlement agreement, the property owner has the one-year option of how long they wish to take within that year to transfer the land and still have the five years thereafter to dispose of them. City Attorney Dannheisser reiterated that the decision is being made here at the meeting in the Sunshine, and Mayor Edelcup concurred and requested a vote on whether or not to make a proposal to the property owner. Mayor Edelcup moved and Commissioner Iglesias seconded a motion to accept the settlement proposal as outlined by the City Attorney and amplified by his further discussion after her discussion. The motion was approved by a roll-call vote of 5-0 in favor. Vote: Commissioner Brezin Commissioner Iglesias Commissioner Thaler Vice Mayor Goodman Mayor Edelcup yes yes yes yes yes Mayor Edelcup stated that the Commission has basically agreed with this vote to that proposal and that the attorneys can get together and see that it meets with everyone's approval, and if this proposal is not acceptable by the property owner, then the City would have no other alternative but to proceed with the litigation, and in the spirit of trying to be helpful and compromising on this, he proposed that the Commission instruct the City Attorney to have a 90-day abeyance on the present court proceedings related to the eminent domain, and if at the end of the 90 days an agreement has not been reached, he suggested that the City Attorney then go forward and continue with the lawsuit that has presently been started, but in the next 90 days, they would be in a quiet period. Mayor Edelcup moved and Vice Mayor Goodman seconded a motion to allow a 90-day abeyance on the present court proceedings related to the eminent domain. The motion was approved by a voice vote of 5-0 in favor. Public Speakers: Raanan Katz 3 Summary Minutes: Special City Commission Meeting January 6, 2004 Sunny Isles Beach, Rorida Raanan Katz said he wanted to clarify that we are talking about 18080 Collins A venue, and City Attorney Dannheisser stated, 18100 Collins A venue Shopping Center Limited. Mayor Edelcup clarified that we are calling it the Alamo Property and that is 1.3 acres, 45,000 square feet. Mr. Katz said that he is there with good intentions and he wanted no hanky panky, and Mayor Edelcup reiterated that the City enters this proposal in good faith. City Attorney Dannheisser asked Mr. Katz if he was authorizing his attorney to scrap the prior settlement agreement that he sent the City and let her start fresh based on this settlement proposal, and Mr. Katz said the City Attorney will have to work with his attorney who will clarify his rights so that there is no trouble because of any technicality, and if it is done in a proper way that the City has a deal, and if the City does not provide it, then there is no deal. Mr. Katz said that no one knew that there was supposed to be an eminent domain hearing last May, that it should have been advertised and he should have been notified. Mayor Edelcup said that if the City did not have some compassion, then there wouldn't have been a settlement proposal. Mr. Katz said that mistakes have been made and he has accepted it and he now wants to settle it and correct the mistake, and Mayor Edelcup said that the City is going to try and settle it, and that there is no reason for public discussion at this point. 5. ADJOURNMENT Mayor Edelcup moved and Commissioner Iglesias seconded a motion to adjourn the meeting. The motion was adopted by a voice vote of 5-0 in favor and the meeting was adjourned at S:53 p.m. Respectfully s.l!bmitted by: . , , Approved by the City Commission on February 19, 2004 , \.', , , \ ....~:.: ',: A/ "kl.' ~ ;. '. . ....-.~... . ~~'. . . I // .'- . ., . t ' ~ . - . .,.. . ,# I . " . . 't'" Jane A. Hines, City Clerk . \. . .. ~ I. J . '~" l . (.J No . ~ .. p..'" ~ 4