2009-0115 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting January 15, 2009 City of Sunny Isles Beach, Florida Assistant City Manager Jorge Vera reported that the balance for Mansiana is $1,854,000, they have made a payment of $348,000, and will be making payments as buy -down through September 2009, at an interest rate of 8.5% on the unpaid balance. Mayor Edelcup said as a guideline in the future if any of these come up again, to make those notes due and payable upon obtaining a construction loan. Mayor Edelcup said he doesn't know if we have something here that triggers it that says it is due and payable, accelerate that note upon them closing on their construction loan. City Manager Szerlag said that we did not include an accelerated payment schedule however there is no penalty for early payment. Mr. Vera said upon issuing a building permit they are supposed to pay all TDRs that are due, this is only an extension due to circumstances. City Attorney Ottinot said to follow the instructions of the Mayor and let's do it on a going forward basis. Mayor Edelcup said we made a deal and we need to live by the deal we made, but in future negotiations we should bear in mind that we put a trigger in there that accelerates, and City Manager Szerlag agreed. Vice Mayor Thaler asked if staff can look into requiring future builders to have a bond in place in case there is a problem where they go bankrupt and part of a building is up, as with what happened with Oceania. Mayor Edelcup said to see if we can work it into the conditions of site plan approval. City Attorney Ottinot said he knows we have the authority to require a bond for demolition purposes, and as a condition for a site plan we can do it legally. He said he has done some initial research but he will research it further and have an answer for the Commission in February or March. Commissioner Scholl said to be careful about making it too onerous. 12B. A Discussion on Policy regarding Fee Waiver for the Use of City Facilities by Non - Profit Organizations. Action: [City Clerk's Note: A Report re: Waiver of Fees for Use of City Facilities was distributed prior to meeting.] City Manager Szerlag said by Ordinance he has the authority to waive certain applications for events, etc., but there are times when he would like to get a sense from the City Commission as to what should or should not be waived. Public Speakers: none 12B.1 Add -On: A Discussion on a Fee Waiver Request for Use of City Facilities by Chabad Lubavitch of Sunny Isles Beach for the Jewish U Club. Action: [City Clerk's Note: Added on new item, see action under Item 4A.] City Manager Szerlag asked for a sense from the Commission if this should be waived or not. Public Speakers: Rabbi Baron Cultural and Human Services Director Susan Simpson said one of the conditions she discussed with Rabbi Baron was that there be a maximum of 20 students and they would have to already be enrolled in our Afterschool Program because we currently have 200 children and we use up every bit of space we have. City Manager Szerlag said he could have waived the $300 fee for 38 weeks ($11,400) but wanted Commission direction for the economic issue. Mayor Edelcup said if there is space