NO MOVEMENT ON SETTLEMENT, BUT NEGOTIATIONS CONTINUE The Mackinac Island City Council met for a special meeting today at 4 pm with the City’s legal counsel. The purpose of the meeting was to hear the latest settlement proposal that was agreed upon by the HDC and Ira Green/Melanie Libby, owners of several corporations that are intertwined in ongoing litigation with the City. There was some urgency of the meeting being called as there is a court date tomorrow relevant to the proceedings. Attorneys Evashevski and Rentrop advised the Council that two days ago the HDC seemed to reach an agreement on settlement and just yesterday the owners of the properties in question seemed to agree to the deal, hence the calling of a special meeting. The meeting was called to order at 4pm by Mayor Doud and roll call indicated all members present. Before going into executive session, Attorney Evashevski briefed that Council and the 17 members of the audience on the terms of the deal. As asked by Alderman St. Onge, he also pointed out the judge that is hearing matter has compelled both parties to settle. The City and the owners have attempted to settle several times in the last two months but have not seemed to find middle ground. Today’s settlement proposal, outlined below, is certainly the closest the two parties have been. Some Council persons indicated that they were ready to vote and put the matter behind the City as vast amounts of money have been spent on the issue. After the settlement terms were read, Mr. Green indicated that he was not entirely happy as there was no part of the settlement that provided for assurance that the city would hold up their end of the bargain and not rescind the bicycles licenses, in years to come. Mr. Green said that he wanted a penalty clause inserted so that if future Council’s remove or rescind his license without cause, that he would be compensated. Mr. Green stated that in previous settlement attempts there has always been a penalty clause assuring him the City wouldn’t rescind the license issue thus negating the deal. Mr. Green stated that “without a penalty clause, there is nothing to stop the City from retaliation in the future, and I need some sort of assurance that won’t be the case” Audience member Jim Fisher owner of Mackinac Wheels, asked why there had to be an all-encompassing deal, and why the two building couldn’t be treated separately. Here are the terms of the currently proposed settlement: The owners receive: -Permission to demolish the Iroquois Bike Shop. -90 additional commercial bike license for the head of the Arnold Dock -Necessary bodies will approve a site plan for bike renting business in soon to be created vant lot. -Cooperation from the City in obtaining vehicle permits etc. for the demolition and installation of electrical termination cabinet that will infringe on city right of way by 7 inches. The City/HDC gets: -Restricted development on the head of the Arnold Dock. Basically the head of the dock property remains as is with the following exceptions:1) If the dock is abandoned, development no higher than 16 feet on the lot in accordance with HDC standards will be allowed and 2) If the City rescinds the bike license at no fault to the owners, development of up to 16 feet high in accordance with HDC standards will be allowed. -Selma’s building does not get demolished and will be used/maintained consistent with the HDC standards. -If the Iroquois Bike Building is ever replaced, it will be subject to HDC standards. At this point, Mr. Green indicated there would be no deal and that he would proceed in court the next day. At this time the Council entered into executive session. The City then went into executive (closed) session at 4:23pm and came out of session at 5:15. The Council instructed its legal counsel to keep working. The meeting was adjourned at 5:17pm. I grabbed a bucket, went onto the Jewel Golf Course, picked up 205 golf balls, came home and cooked dinner (grilled chicken over angel hair pasta, we’re talking red pepper and tomatoes in a balsamic blend) and you got the NEWS HERE FAST!!!! -MINV
Posted on: Fri, 11 Apr 2014 00:28:06 +0000
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