2006 1116 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting November 16,2006 City of Sunny Isles Beach, Florida Gil Dezer said this is a unique situation because he is his neighbor to the north and to the south so he can control the noise complaints. He said without the extended construction hours the project schedule would take an additional three to four months. City Manager Szerlag said if there is approval, staff will need to get specific time frames for the Code Enforcement Department. Mr. Dezer said all the pours are scheduled so they will be able to give the City notice a week in advance. Commissioner Thaler said this is just this one individual instance and not setting a precedent for the whole City, and City Manager Szerlag said he is confident that they will get similar requests for extended hours and what he will do is bring them to the Commission with the same criteria that they have established for Trump. Mayor Edelcup said in those cases we will need to give the neighbors an opportunity to comment, and staff should instruct public notice so the neighbors can come in and comment on it. Vice Mayor Brezin moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2006-1012 was adopted by a voice vote of 5-0 in favor. 101. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Declaring Lewis J. Thaler as Vice Mayor; Providing for an Effective Date. Action: Mayor Ede1cup thanked Commissioner Brezin for her service as Vice Mayor, and proposed Commissioner Thaler as Vice Mayor for the ensuing year. Vice Mayor Brezin officially gave Commissioner Thaler the Vice Mayor Car License Plate. Public Speakers: none Mayor Edelcup asked for a vote. Resolution No. 2006-1013 was adopted by a voice vote of 5-0 in favor. 10J. Add-On: A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Authorizing the Acceptance by the City Attorney of the Settlement Offer by Arlen House Marina Corporation in the Pending Lawsuit between Arlen House Marina Corporation vs. City of Sunny Isles Beach; Providing for Compliance with the Terms and Conditions; Providing for an Effective Date. Action: City Attorney Ottinot said this matter relates to the Arlen House lawsuit versus City of Sunny Isles Beach. He said the Arlen House had filed a lawsuit challenging the City's Safety Fence Ordinance [Ordinance No. 2006-252], which requires commercial marina owners and operators to install and maintain a safety fence or railing lining the perimeter of marinas. He said a lawsuit is currently pending before the Circuit Court, the judge had asked the parties to step down to discuss the possibility of a settlement. City Attorney Ottinot said that they have discussed settlement of certain offers presented to him by the plaintiff, and read the terms of the settlement offer: Arlen House will agree to 21