2008 0320 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting March 20, 2008 City of Sunny Isles Beach, Florida Ms. Dannheisser said the only concern they have is that the City is offering a program that is for the benefit of the City as well as the applicants, the City in terms of keeping approvals alive and making certain you collect some of the income that you have already allocated to certain of your projects, likewise for the applicant, to be able to know with certainty that they continue with the approval that they have, but it is only as good as the willingness of applicants to take advantage of it for both sides. She said by virtue of the amounts that have been set forth, as part of the program, and she continues to believe that the City will not get the participation that they are hoping for because these funds come out of the developer's pocket, and it may be until those approvals start expiring, you may not be able to see the pattern, but she asked that the Commission keep open to the proposition that maybe this needs to be amended. Igor Ardid, owner of 400 Sunny Isles of the marina, said that he thinks the program the way it is laid out, for four years to pay that much money and some of the money is non-refundable, or non-applicable, there is no incentive to do it. He said there is a big chance that the market may not be back in four years, so you are taking a risk that you are paying money, four years down the road you are still not off the ground, and you just lost that money, it is not a feasible program. He thinks it needs more time, the money needs to be credited towards something, towards future impact fees, permit fees, etc., and the City Commission responded that they are credited except for the interest. Mayor Edelcup said it is really four plus two years because you have two years when you draw the permit, so the developer really has six years, and again, if four years from now, the economy is where it is today, he is sure this Commission would look sympathetically if it needs to be extended further. He said it is something that they will be monitoring throughout this whole period. Mr. Ardid said then that at the end of the four years and the economy still has not improved, at that point, you hope you are sympathetic but if you are not there chances are that you may have to pay for the permit fee and get a two-year extension. City Manager Szerlag said that this is a voluntary program and it is administered through the City Manager's office, it sunsets essentially after four years of extensions, if the economy is such that staff and himself, in conjunction with the City Commission, believes that there needs to be more extensions, they would so indicate, as we want to have a partnership with the development community and we want you to build as soon as possible, make your profits and sell the residences, get residents in here and have a completed community, so we all have the same objectives. He said we would not be of a mind to take essentially 30% of what is due the City and then say, you know what, even though times are tough, the program is over, pull a building permit or go away. He said given the kind of community that we are, a professional community, with a very understanding and visionary Commission, we will take a very hard look at this, probably three and half years from now, and make an indication of whether we need to calibrate our four years, or if times are such that we will see what is happening at that time. Ms. Dannheisser said that if in four years that the economy is such that it will be unlikely that any developer is going to realistically pull a permit, but they will have already invested 30% of these monies, they may be applicable towards permits, but ifthose permits can't be pulled or won't be pulled because of the economy, she suggested that the good faith thing to do is to make it refundable as well, because we are all taking risks at that point. Mayor Edelcup said 6