CC Minutes 02/27/2012 - Laserfiche WebLink

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CASSELBERRY CITY CONINIISSION Minutes of rebruary 27, 2012 -Regular Meeting Page 9 of 12 credit against the purchase of a lot in the City Idea Park, but CFE has requested monetary compensation. Budget Impact: This item was not budgeted. Should the settlement agreement be approved, a budget amendment will follow at the next meeting and funds will be drawn from the contingency reserve. Discussion ensued regarding how the final dollar amount for the Settlement Agreement was determined, historical background information, and construction of the ar-iginal Land Swap and Credit Agreement. IVIr. John Samaan, Attorney representing CFE, came forward and clarified the value agreed upon for the Settlement Agreement is just under $4 per square foot, noting the original valuation completed in 2006 was $6 per square foot, which was then negotiated down to $3.96. MOTION: Vice Mayor Ilufford moved to approve Resolution 12-234, as presented. Motion was seconded by Commissioner Solomon. DISCUSSION: Commissioner Miller voiced concerns regarding the construction ofthe original Land Swap and Credit Agreement, and the negotiated square footage value, stating he might consider a lower settlement amount if the City did not due its due diligence in negotiation and preparation of the original agreement. The City Attorney stated she did not think there was any reason to believe that the original Land Swap and Credit Agreement had any weaknesses that would cause the City any problem in litigation. Ms. Reischmami fiuther stated the reasons the Settlement Agreement has been brought forward for consideration were: 1) it is the City Attorney's responsibility to bring all settlements foltivard to the City Commission; and 2) the City will incur additional attorney's fees in litigation because CFE will file a lawsuit almost immediately since they have waited all these years trying to settle the matter and feel it has claims or causes of action against the City put•suant to the original agreement. Motion carried 4 - 1 by voice vote (Commissioner Miller dissenting). 1a T I+J IE S No items were scheduled on this agenda. 13. ISCiTSSI® ITEMS A. Future Agenda Items Colmnissioner Solomon addressed the City Code provision requiring if application is made for City utility service to property located outside the City limits that is not contiguous to the existing City limits, the owner of the property must execute an agreement to annex the property into the City when the property becomes contiguous to the City limits. Commissioner Solomon requested that the matter be placed on a fiittue agenda for discussion. The City Attorney stated there was a constraint on discussing the matter due to the pending Meeks litigation. She requested the City Commission conduct an executive session (attorney-client session)