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HomeMy WebLinkAbout2000-0316, 0317, 0320 Regular City Commission Meeting Summary Minutes City Commission Meeting Thursday, March 16-17 and March 20, 2000 (a continued meeting) 1. CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by Mayor Samson at 7:01 p.m., with the following officials present: Mayor David Samson Vice Mayor Connie Morrow Commissioner Danny Iglesias Commissioner Lila Kauffman Commissioner Irving Turetsky City Manager Jack Neustadt City Attorney Lynn Dannheisser City Clerk Richard Brown-Morilla 2. INVOCATION/PLEDGE OF ALLEGIANCE ACTION: City Attorney Lynn Dannheisser led the Pledge of Allegiance to the flag and Richard Schulman gave an invocation. 3. APPROVAL OF MINUTES: 3A. SPECIAL COMMISSION MEETING — DECEMBER 20, 1999 3B. REGULAR COMMISSION MEETING —JANUARY 20, 2000 3C. SPECIAL COMMISSION MEETING — FEBRUARY 10, 2000 ACTION: Commissioner Kauffman moved and Commissioner Turetsky seconded a motion to approve the summary minutes for items 3A through 3C. The motion was approved by a voice vote of 5-0 in favor. 4. AGENDA/ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS) 4A. REQUEST TO HEAR ITEM 12A DIRECTLY AFTER 6B ACTION: Vice Mayor Morrow moved and Commissioner Turetsky seconded a motion to hear item 12A directly after item 6B. The motion was approved by a voice vote of 5-0 in favor. 5. SPECIAL PRESENTATIONS: 5A. CO-OFFICER OF THE MONTH— OFFICER BARBARA GRECO AND OFFICER ED PICKERING. ACTION: City Clerk Brown-Morilla read the title and Chief Fred Maas presented a certificate and a check to Officer Barbara Greco and Officer Ed Pickering as Co-Officers for Summary Minutes:Regular City Commission Meeting March 16-17,20,2000 City of Sunny Isles Beach.Florida the month of March, 2000. 5B. AMERICAN RED CROSS PROCLAMATION ACTION: City Clerk Brown-Morilla announced March as American Red Cross Month. 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. REQUEST OF CENTURY TOWERS ASSOCIATIONS OWNER OF THE PROPERTY LOCATED AT 100 KINGS POINT DRIVE FOR THE FOLLOWING: (Public Hearing 14Z99-19) 1. Non Use Variance of Zoning Regulations requiring retail uses and offices in an apartment development for the need of the habitants of the same complex; to waive same to permit retail uses and offices for the general public. 2. Non Use Variance of Zoning Regulations prohibiting aforementioned retail uses and offices from providing any form of signs to be visible from the public right-of-way; to waive same to permit a detached sign visible from the public right-of-way. Protests 0 Waivers 0 Ex-Parte 0 ACTION: Mayor Samson read a statement regarding procedure and decorum. City Clerk Brown-Morilla read the applicant's name, hearing number, and location. The City Clerk administered the oath to the witnesses for the Zoning hearings, and City Attorney Dannheisser read a disclaimer for the Zoning hearings. City Clerk Brown-Morilla asked if there had been any ex-pane communications and none were disclosed. Public Speakers: Charles Venturi, representing Century Towers Association; Zoning & Code Administrator Jorge Vera; and Community Planning & Development Director Marla Dumas; Medina Littleman (travel agent). Zoning and Code Administrator Jorge Vera read from his report. Community Planning and Development Director Dumas read from her report. Vice Mayor Morrow asked if there were any other businesses using signs in such residential area. Jorge Vera said no. Commissioner Kauffman stated that they need to apply for a variance. Commissioner Iglesias moved and Commissioner Kauffman seconded a motion to deny the application based on the City staffs recommendation. The motion to deny was approved as Zoning Resolution 00-Z-44 by a roll call vote of 3-2 in favor (Turetsky, Morrow opposed). Vote: Commissioner Iglesias yes Commissioner Kauffman L Commissioner Turetsky no 3 'Clerk's Note[Staff noted the original document not in file and created an unsigned original for the Record on 3/15/06.] Summary Minutes:Regular City Commission Meeting March 16-17,20,2000 City of Sunny Isles Beach,Florida Vice-Mayor Morrow no Mayor Samson yes 6B. REQUEST OF ARLEN HOUSE MARINA CORP., OWNER OF THE PROPERTY LOCATED AT 275 BAYVIEW DRIVE FOR THE FOLLOWING: (PUBLIC HEARING #Z99-14) 1. Unusual Use to permit the maintenance and continued use of a water use facility to wit; a marina. 2. Non Use Variance of Zoning Regulations requiring a parcel of land to have frontage on a public right-of-way to waive same; to permit the aforementioned marina to be serviced through a private drive. 3. Non Use Variance of parking requirements to permit 0 parking spaces (12 parking spaces required). Protests 0 Waivers 0 Ex-Pane 0 ACTION: Mayor Samson read a statement regarding procedure and decorum. City Clerk Brown-Morilla read the applicant's name, hearing number, and location. The City Clerk administered the oath to the witnesses for the Zoning hearings, and City Attorney Dannheisser read a disclaimer for the Zoning hearings. City Clerk Brown-Morilla asked if there had been any ex-pane communications and none were disclosed. Public Speakers: Alan Marcus, Esq.; Michael Feldman, Esq.; Zoning & Code Administrator Jorge Vera; and Community Planning & Development Director Marla Dumas. Zoning and Code Administrator Jorge Vera read from his report. Community Planning and Development Director Dumas read from her report. Mr. Marcus presented a waiver and disclaimer for the record;private issue between the parties regarding a possible claim of right that they may have to Bayview Drive, which they have agreed to waive and to disclaim any rights to that in favor of the Arlen House Condominium Association and,additionally,what is in that agreement is an agreement by Arlen House Condominium Association and the buildings that are there, to allow them to continue to use the valet services for parking. Both Jorge Vera and Marla Dumas said that in light of the waiver and disclaimer,they would have no objection to an approval with the condition that the marina shall remain operable as long as they have the valet service, if they don't have valet service then the marina cannot operate. Commissioner Kauffman moved and Vice Mayor Morrow seconded a motion to approve the application with the condition that the Waiver and Disclaimer is part of the approval.The motion was approved as Zoning Resolution 00-Z-45 by a roll call vote of 5-0 in favor. 4 *Clerk's Note[Staff noted the original document not in file and created an unsigned original for the Record on 3//5/06.] Summary Minutes:Regular City Commission Meeting March 16-17,20,2000 City of Sunny Isles Beach,Florida Vote: Commissioner Iglesias ves Commissioner Kauffman ves Commissioner Turetsky ves Vice-Mayor Morrow ves Mayor Samson y 7. ORDINANCES FOR FIRST READING: 7A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH. FLORIDA. AMENDING SECTION 33-8 OF THE CODE OF MIAMI-DADE COUNTY AS ADOPTED BY SECTION 8.3 OF THE CHARTER OF THE CITY OF SUNNY ISLES BEACH,TO DELETE THE CURRENT SECTION AND CREATE A NEW SECTION ENTITLED "CERTIFICATES OF USE", CREATING DEFINITIONS; PROVIDING FOR THE REQUIREMENT OF A CERTIFICATE OF USE; PROVIDING FOR THE TERM OF CERTIFICATE OF USE AND TRANSFER; PROVIDING FOR APPLICATION PROCEDURES;PROVIDING FOR SPECIFIC GROUNDS FOR DENIAL; PROVIDING FOR RENEWALS OF CERTIFICATES OF USE: PROVIDING FOR A DISPLAY OF CERTIFICATE; PROVIDING FOR DUTIES OF THE ZONING AND CODE ADMINISTRATOR; PROVIDING FOR EXAMINATION OF RECORDS AND CITY BUSINESS ZONING CLASSIFICATION MANUAL AND FEE SECTION; PROVIDING FOR APPROVAL OF BUSINESS LOCATION: PROVIDING FOR LOST OR STOLEN CERTIFICATES; PROVIDING FOR CIRCUMSTANCES UNDER WHICH A CERTIFICATE MAY BE DEEMED NULL AND VOID OR ILLEGAL;PROVIDING FOR REVOCATION OF CERTIFICATE OF USE; PROVIDING FOR PROCEDURES PURSUANT TO WHICH A CERTIFICATE OF USE IS REVOKED; PROVIDING PENALTIES FOR VIOLATIONS:PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance and Chris Steers, Code & Licensing Enforcement Officer presented his report. Public Speakers: none Commissioner Turetsky moved and Commissioner Kauffman seconded a motion to approve the proposal on first reading. The motion was approved by a roll call vote of 5-0 in favor. Second reading, public hearing will be on April 13, 2000 at 7:00 p.m. Vote: Commissioner Iglesias ves Commissioner Kauffman ves Commissioner Turetsky ves Vice-Mayor Morrow ves Mayor Samson ves 5 'Clerk's Note(Staff noted the original document not in file and created an unsigned original for the Record on 3/15/06.1 Summary Minutes:Regular City Commission Meeting March 16-17,20,2000 City of Sunny Isles Beach,Florida 7B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA, REGULATING TELECOMMUNICATIONS COMPANIES'USE OF THE PUBLIC RIGHTS-OF-WAY;REQUIRING A LICENSE AND LICENSE FEES; PROVIDING FOR TERM OF LICENSE. TRANSFERS. RENEWALS. AUDITS AND REPORTS; PROVIDING SAFETY AND CONSTRUCTION STANDARDS;REQUIRING INSURANCE. BONDING AND INDEMNIFICATION; PROVIDING TERMINATION; PROVIDING CONSUMER PROTECTION; PROVIDING ENFORCEMENT REMEDIES AND APPEALS; AMENDING CHAPTER 8CC-10 OF THE CODE OF MIAMI-DADE COUNTY PROVIDING FOR CIVIL PENALTIES; PROVIDING SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance and City Attorney Lynn Dannheisser presented her report and noted the legislation. Public Speakers: none Vice Mayor Morrow moved and Commissioner Kauffman seconded a motion to approve the proposal on first reading. The motion was approved by a roll call vote of 5-0 in favor. Second reading,public hearing will beat a Special City Commission Meeting on April 6, 2000 at 6:00 p.m. Vote: Commissioner Iglesias ves Commissioner Kauffman ves Commissioner Turetsky ves Vice-Mayor Morrow ves Mayor Samson ves 8. ORDINANCES FOR SECOND READING (PUBLIC HEARINGS) 8A. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA.AMENDING CHAPTER 33, ZONING ARTICLE XXIV, "BU-1, NEIGHBORHOOD BUSINESS DISTRICT," WITH RESPECT TO ALLOWING ENTERTAINMENT IN RESTAURANTS AS A PERMITTED USE IN 33-238(28); FURTHER AMENDING ARTICLE X, SECTION 33-150E(3), ALCOHOLIC BEVERAGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER: PROVIDING FOR INCLUSION INTO THE CODE; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance and Zoning& Code Administrator Jorge Vera read his report. Correction missing regarding 2:00 a.m. on Friday and Saturday. Public Speakers: Steve Lesnick Jorge Vera withdrew his proposed ordinance. 6 *Clerk's Note[Staff noted the original document not in file and created an unsigned original for the Record on 3/15/06.) Summary Minutes:Regular City Commission Meeting March 16-17,20.2000 City of Sunny Isles Beach,Florida 8B. AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 33-149 OF THE ZONING CODE OF MIAMI-DADS COUNTY AS ADOPTED BY SECTION 8.3 OF THE CHARTER OF THE CITY ENTITLED DUTY OF OWNERS OF BUILDINGS; PROVIDING FOR THE ADDITION OF THE REQUIREMENT THAT BUILDINGS WHICH HAVE ENTRANCES THAT ABUT A WATERWAY OR BEACH, PROVIDE ADDRESS NUMBERS VISIBLE FROM SAME; PROVIDING FOR A COMPLIANCE PERIOD PRIOR TO ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR INCLUSION IN THE CITY OF SUNNY ISLES BEACH CODE OF ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE OF ENFORCEMENT. ACTION: City Clerk Brown-Morilla read the title of the proposed ordinance and Code and Licensing Enforcement Officer Chris Steers read his report. Public Speakers: none Commissioner Kauffman moved and Commissioner Iglesias seconded a motion to adopt the ordinance on second reading. Ordinance No. 2000-90 was adopted by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Turetsky yes Vice-Mayor Morrow yes Mayor Samson Yes 9. RESOLUTIONS: 9A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CHIEF OF POLICE, IN ACCORDANCE WITH SECTION 932'.70»,F.S. (1997)TO EXPEND S59,100 FOR THE PURPOSES AS SET FORTH HEREIN; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title and Police Chief Maas presented the report noting that the expenditure would include having a canine unit. Commissioner Turetsky moved and Commissioner Kauffman seconded a motion to approve the resolution. Resolution No. 2000-205 was adopted by a voice vote of 5-0 in favor. 9B. A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA.AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY,AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR DISASTER FUNDING ATTACHED HERETO AS EXHIBIT"A"; PROVIDING FOR AN EFFECTIVE DATE. 7 'Clerk's Note[Staff noted the original document not in file and created an unsigned original for the Record on 3/!5/06.] Summary Minutes:Regular City Commission Meeting March 16-17,20,2000 City of Sunny Isles Beach,Florida ACTION: City Clerk Brown-Morilla read the title and Police Commander Murray presented the report. Commissioner Turetsky moved and Commissioner Kauffman seconded a motion to approve the resolution. Resolution No. 2000-206 was adopted by a voice vote of 5-0 in favor. 9C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE REQUEST OF VICE MAYOR MORROW, COMMISSIONER IGLESIAS, AND COMMISSIONER KAUFFMAN FOR FUNDING FOR PROJECTS TO BE FUNDED FROM AVAILABLE BUDGETED SPECIAL EVENTS FUNDING; PROVIDING FOR AN EFFECTIVE DATE. [City Clerk's note: the resolution was revised during the meeting to delete Vice Mayor Morrow's request regarding Latin Square Advertising] ACTION: City Clerk Brown-Morilla read the title and City Manager Neustadt read his report. Public Speakers: Kathleen Kennedy; Steve Lesnick. Vice Mayor Morrow withdrew the proposal from Latin Square Advertising as a part of the resolution. City Manager Neustadt asked if the City Commission wanted to have staff to assist in the Council's encouragement of the fashion and film businesses. Mayor Samson passed the gavel then moved, and Commissioner Turetsky seconded a motion to re-authorize the City Manager to apply for the grants and give the authority to the City Manager to give whatever staff support the Council needed. The motion was approved by a voice vote of 5-0 in favor. City Clerk Brown-Morilla read into the record a letter from Jeff Peel,Director,Miami-Dade Office of Film and Entertainment. City Manager Neustadt can go ahead and prepare for the concerts and notify the City Commission by a memo including a budget. Commissioner Kauffman moved and Commissioner Turetsky seconded a motion to approve the resolution. Resolution No. 2000-207 was adopted by a voice vote of 5-0 in favor. 9D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING THE LIBRARY INTERLOCAL LEASE AGREEMENT WITH MIAMI-DADE COUNTY ATTACHED AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY AND DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; DIRECTING THE CITY CLERK TO FORWARD 8 'Clerk's Note[Staff noted the original document not in file and created an unsigned original for the Record on 3/15/06.] Summary Minutes:Regular City Commission Meeting March 16-17,20,2000 City of Sunny Isles Beach,Florida SAME TO THE COUNTY; PROVIDING FOR AN EFFECTIVE DATE. ACTION: City Clerk Brown-Morilla read the title and City Attorney Lynn Dannheisser read her report, noting that this would be an amendment to City Resolution No. 99-183. Commissioner Kauffman moved and Commissioner Turetsky seconded a motion to approve the resolution. Resolution No. 2000-208 was adopted by a voice vote of 5-0 in favor. 10. MOTIONS: none 11. DISCUSSION ITEMS: 11A. RK MARINA APARTMENTS (17100 NORTH BAY ROAD) ROAD RELOCATION AND UTILITY IMPROVEMENTS — City Manager ACTION: City Clerk Brown-Morilla read the title and City Manager Jack Neustadt presented a report. Public Speakers: Arnold Shevlin Arnold Shevlin proposed a joint venture, and City Manager Neustadt asked for authority to look into it and to report back. Commissioner Kauffman moved and Commissioner Turetsky seconded a motion to look into the proposal and to report back. The motion was approved by a voice vote of 5-0, in favor. 11B. REQUEST OF THE TOWN OF GOLDEN BEACH FOR THE PROVISION OF STREETS WEEPING SERVICES — City Manager ACTION: City Clerk Brown-Morilla read the title and City Manager Jack Neustadt presented his report. Mayor Samson asked if Jack Neustadt knew the hourly cost to operate the sweeper. Mr. Neustadt did not know. The item was not approved. 12. REQUESTS, PETITIONS & OTHER COMMUNICATIONS: 12A. REQUEST FOR APPEAL OF AN OCCUPATIONAL LICENSE DENIAL FOR STUDIO AIA. BOARDWALK AND CRAZY HORSE SALOON. ACTION: City Clerk Brown-Morilla read the title and reports were made by City Attorney Lynn Dannheisser regarding the procedure to be followed; this is a Quasi-Judicial proceeding. City Clerk Brown-Morilla administered the oath to the witnesses. 9 'Clerk's Note[Stay noted the original document not in file and created an unsigned original for the Record on 3/15/06.) Summary Minutes:Regular City Commission Meeting March 16-17,20,2000 City of Sunny Isles Beach,Florida Public Speakers: City Attorney Lynn Dannheisser;Code and Licensing Enforcement Officer Chris Steers; Zoning & Code Administrator Jorge Vera; Detective Ray Atesiano; David Brenner, Esq.; Louis J. Terminello; Esq.; Detective Edward Santiago; Jeffrey Tew, Esq. representing City staff The Boardwalk Code and Licensing Enforcement Officer Chris Steers presented the four issues that he relied upon to recommend the denial: 1) The applicant has no Zoning authorization to operate as they are operating; 2) The habitual conduct that has occurred within the applicant's premises that violates City, County, or State Laws; 3) The applicant has violated specific provisions of Federal, State, County or City Laws;and,4)The applicant has failed or refused to correct the violations after notification thereof The grounds for denial of the applications amounts to only four of the fifteen grounds for denial of licensees. These grounds are to be used as an objective guide as to whether or not an application can or should be denied. Zoning and Code Administrator Jorge Vera summarized the history of applications and County documents he reviewed. Various objections were made by the appellant's attorneys,and they requested an opportunity to be able to cross examine each of the witnesses at the conclusion of their testimony. The request was denied. Vice Mayor Morrow introduced a motion to allow the cross examination, but the motion failed for lack of a second. Detectives testified observing occasions of sexual touching between dancers and patrons, which prompted police action. . The City introduced Composite Exhibits #1 through #8. Mr. Brenner objected to Composite Exhibit 6, due to no authentication. Det. Santiago authenticated the documents as being reports prepared by Police Officers. Det. Atesiano authenticated the documents as being reports prepared by Police Officers. There were further objections by Jeffrey Tew, Esq. Representing the City staff. The appellant's attorneys objected that Chris Steers was making a statement,testifying while he was in the role of questioning witnesses. There were objections to testimony regarding a prior settlement agreement as being outside the scope of these proceedings. David Brenner and Louis Terminello cross-examined: Witnesses: Chris Steers regarding the various arrest reports. Objections to Steers and Vera's testimony that the 1967 County Resolution was later revoked because the applicant withdrew the request. 10 •Clerk's Note[Staff noted the original document not in file and created an unsigned original for the Record on 3/15/06.] Summary Minutes:Regular City Commission Meeting March 16-17,20,2000 City of Sunny Isles Beach,Florida The meeting was recessed while the City Commission went into a closed Executive Session. The meeting resumed at 12:01 a.m. and Commissioner Kauffman moved and Commissioner Turetsky seconded a motion to authorize the continuation of the meeting beyond midnight,which was approved by a voice vote of 5-0, in favor. Dannheisser regarding settlement terms on the Boardwalk only and Mr. Zepka is present: appellant agrees to admit all charges that have been made here today and stipulate to all of the City's evidence, including the fact that they are not a beneficiary of any grandfathering, that they have been operating without the benefit of a CO; that they have permitted lewd and lascivious activity on the premises, and they agree that they will refrain from all these activities should they be permitted to continue to operate as a bar and a bar alone with no entertainment it being understood that dancing is entertainment. It further being understood that in the event that any two Police Officers from the City of Sunny Isles Beach, or any law enforcement agency, find that there is unlawful activity being conducted on the premises and make such a report and/or if any Code Enforcement Officer finds that there is any use being conducted other then that that is lawfully zoned and permitted, that the mere allegation will result in an revocation of any Certificate of Occupancy immediately and without notice and without recourse to appeal. Tew un-permitted use includes dancing. Samson: what does City have to do if violation? Lynn: City can immediately revoke all licenses and the premises will be padlocked without the right of any appeal by the applicant. This is a last chance agreement. Brenner re Zepka did not agree to having permitted lewd and lascivious behavior. Lynn agrees. Brenner re limit the behavior to employees or owners, and not to patrons if Zepka should have known about them. Lynn: The Commission has made it clear that the premises is in the control of the owner and therefore any unlawful activity that occurs will be grounds for revocation. Chief Maas regarding the role of Police and fairness in holding the owners responsible for the conduct of business. Lynn asking is there a level of criminal activity for which Victor or his partners cannot be expected to know about and therefore cannot be responsible about and is there a level of activity above which,whether he knows or not,he needs to be responsible? Where do we draw the line? How do we define what he needs to be responsible for? Terminello: There are standards delineated in the administrative proceedings that define this. Det. Atesiano offers standard is the sole determination of the Police Chief. Lynn restates it: The settlement agreement will be by and between Akpez of Miami, Inc., doing business as the Boardwalk, at 17008 Collins Avenue, Sunny Isles Beach, Florida 33160 and the City of SIB entered into March 17,2000, in consideration of Mr.Zepka being permitted to continue to operate as a bar. He agrees as follows: 1) He admits all charges that have been levied by the Code and Licensing Officer of the City of Sunny Isles Beach; 2) He concurs and agrees that all testimony of the City's witnesses is accurate; 11 `Clerk's Note[Staff noted the original document not in file and created an unsigned original for the Record on 3/15/06] Summary Minutes:Regular City Commission Meeting March 16-17,20,2000 City of Sunny Isles Beach,Florida 3) He concurs that he has not been the beneficiary of any CO's or other grandfathering, he has not had a CO or a CU; 4) He admits that lewd and lascivious activity has occurred on his premises; and, 5) In the event that any unlawful conduct occurs by Mr. Zepka, his officers, agents, employees or assigns, or any of his patrons, within the discretion of the Chief of Police to report to the City and/or any misuse of the premises in terms of Zoning or Code Enforcement as reported by the Code and Licensing Officer of the City of Sunny Isles Beach; 6) There will be no entertainment including dancing,which is considered entertainment, and which Victor Zepka acknowledges as entertainment; and, 7) Unlawful activity by Mr. Zepka, his officers, agents, employees or assigns, or any patrons, within the sole discretion of the Office of the Police Chief to be reported to the City Commission or any unlawful or un-permitted use to be reported by the Code and Licensing Officer of the City, with the understanding that if that should occur, there will be an immediate revocation of any Occupational License and Certificate of Occupancy; and, 8) There will be no appeal from that revocation, including no hearing, it is an immediate revocation. Mr.Zepka understands the terms of this agreement and voluntarily concurs with these terms. Commissioner Kauffman moved and Vice Mayor Morrow seconded a motion to approve the settlement. The motion was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Turetsky yes Vice-Mayor Morrow yes Mayor Samson yes Studio AlA Chris Steers summarized the facts: There has been habitual conduct at this location, specifically narcotics possession and/or trafficking, amounting to 14 arrests for such conduct. There has been conduct of illegal gambling and according to the Resolution which granted the nightclub use,there is no adult entertainment. There are specific provisions within the Resolution that require the annual renewal of Certificate of Use and Occupancy, which has not been renewed since September 1998. He has no CO and he has violated the conditions of City, County or State laws. The significance of conduct at this location is that there is a substantial amount of arrests, the activity or the conduct has been conducted by the employees, up to the bartender and/or the part-owner and manager. Lynn: Was a Certificate of Use a condition of the Zoning approval? Yes. If it was not secured, does that mean that the Zoning has been revoked? Debate regarding whether or not the zoning has been regarding the arrests in the business. Was the Certificate of Use denied because of the arrests or was it not issued prior to the 12 'Clerk's Note[Staff noted the original document not in file and created an unsigned original for the Record on 3/17/061 Summary Minutes:Regular City Commission Meeting March 16-17.20.2000 City of Sunny Isles Beach,Florida arrests? It was not secured prior to the arrests. Commissioner Iglesias suggested to defer the other matters. Commissioner Kauffman will be out of town next week. Commissioner Turetsky will be out town at 6:00 a.m. later today. Zepka has agreed that the premises will not be open unless Zepka is present. Lynn has suggested that the Commission meet next week. Vice Mayor Morrow moved and Commissioner Iglesias seconded a motion to defer the balance of the agenda until Monday, March 20,2000 at 5:00 p.m. The motion was approved by a voice vote of 4-1 in favor. (Kauffman) Monday, March 20, 2000 Resumed at 5:02 p.m. (all here except Kauffman: arrived at 5:04 p.m.) City Clerk Brown-Morilla read the title and reports were made by City Attorney Lynn Dannheisser regarding the procedure to be followed; this is a Quasi-Judicial proceeding. City Clerk Brown-Morilla administered the oath to the witnesses. Lynn: Settlement agreement for Boardwalk can be executed this evening if counsel agrees. Terminello agrees and same as to Friends, Lynn: same except for Crazy Horse Saloon/Friends: Steers gave a summary of Love Your Mother,Inc.,d/b/a Friends and the Crazy Horse Saloon, Inc., c/o Victor Zepka, 17032 Collins Avenue: This license was denied on the following grounds: Habitual conduct has occurred at the applicants premises that violates City,County or State laws. The issuance of a license is based on the applicant's compliance for specific provisions of Federal,State,City or County law and the applicant has violated such specific provisions. The applicant has violated any provision of this article and has failed or refused to cease or correct the violation after notification thereof. Habitual conduct including entertainment, dancing, and alleged lewd and lascivious behavior has occurred at the applicant's premises in direct violation of City, County and State laws. The applicant was not in compliance with specific provisions of City or County law and has violated such specific provisions through the unauthorized uses of the premises. The applicant has violated provisions of this article and has failed to correct unauthorized use after notification thereof The unauthorized use involved was providing an adult theater and nightclub. A warning was issued for said violation on September 21, 1998, delinquent on their license tax, a warning was issued on January 3, 2000, they did not comply, a citation was issued with a $100 penalty on February 8, 2000. They were also cited again a warning for the unauthorized adult nightclub use on February 11,2000. There have been a number of arrests at the location including five lewd and lascivious acts of behavior perpetrated by the dancers of the location. Mayor Samson passed the gavel and then moved, and Commissioner Iglesias seconded a motion for settlement with the same stipulation as the Boardwalk. The motion was approved by a voice vote of 5-0 in favor. Revisions in the settlement agreement: In the whereas clauses,paragraph 1 will be deleted as it is not applicable to Friends; in the Stipulation of Facts, 1B will be revised to say that 13 *Clerk's Note[Staff noted the original document not in file and created an unsigned original for the Record on 3/15/06.] Summary Minutes:Regular City Commission Meeting March 16-17.20,2000 City of Sunny Isles Beach,Florida Friends admits that it has never had a Certificate of Occupancy or Use to operate as a nightclub; the word "bar" will be deleted because it does have a CO for that; C will be deleted from the agreement and D will be deleted from the agreement; otherwise the agreement remains identical to the Boardwalk. Steers needs to have a CO inspection for Boardwalk for Wednesday; Friends can issue papers tonight. Both settlement agreements will be executed tonight. Mayor Samson moved and Commissioner Turetsky seconded a motion to approve the settlement agreement. The motion was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias yes Commissioner Kauffman yes Commissioner Turetsky yes Vice-Mayor Morrow Yes Mayor Samson yes Studio A1A Steers reviewed history including multiple arrests, including narcotics. Mayor Samson passed the gavel and then moved and Commissioner Kauffman seconded a motion to hear the entire case. The motion was approved by a voice vote of 5-0 in favor. Studio Al A, 19201 Collins Avenue(Community Chest Productions, Inc., d/b/a Studio AIA, c/o Victor Zepka) Code and Licensing Enforcement Officer Chris Steers presented the four issues that he relied upon to recommend the denial: 1)The applicant currently has no zoning authorization to operate as they are operating; 2) The habitual conduct has occurred within the applicant's premises that violates City,County and/or State laws;3)The applicant has violated specific provisions of Federal, State, County or City laws;and,4)The applicant has failed or refused to correct the violations after notification thereof The grounds for denial of the application amount to only four of the fifteen grounds for denial of licensee. These grounds are to be used as an objective guide as to whether or not an application can or should be denied. Habitual conduct including narcotics related arrests and illegal gambling violations has occurred on the applicant's premise. Additionally, the applicant has failed to obtain and/or to renew their required Certificate of Use and Occupancy. City's Composite Exhibit 1: County and City Code provisions. City's Composite Exhibit 2: Copy of renewal application for Occupational License,denial letter and request for appeal. Attorneys: Louis Terminello, Jeffrey Tew Witnesses: Chris Steers; Jorge Vera, Detective Ray Atesiano, Detective Edward Santiago; Victor Zepka; Anna May Miller; Judge Manuel Ramos 14 'Clerk's Note[Staff noted the original document not in file and created an unsigned original for the Record on 3/15/06.] Summary Minutes:Regular City Commission Meeting March 1617,20,2000 City of Sunny Isles Beach,Florida City's Composite Exhibit 3: County Certificate of Use &Occupancy Application, County Resolution No. 4-ZAB-402-92; The CO is not in the applicant's name and expired on September 30, 1998. Det. Atesiano: Identified arrest reports. City's Composite Exhibit 4: Arrest reports (Terminello objected as to relevance) Atesiano: Louis Rosenthal, owner/Manager was observing drug deals, and he was the main person making the payoffs in the gambling arrests. Det. Santiago: Observed drugs being sold and used,employees(including Louis Rosenthal) were involved in deals, arrests occurred. Vera regarding the County Resolution. If not renewed annually then can lose their CO. Warnings to Owner/Manager regarding illegal drug activity. Chris opened "unclaimed" envelope, returned the check to Zepka dated February 24, 2000, Check No. 11059. City's Composite Exhibit 5: Certified mail envelope returned as unclaimed. Cross-examination: Terminello to Jorge Vera, regarding renewal of Occupational License in 1999. Regarding failure of the City to send a renewal notice of the Certificate of Use and Occupancy to Zepka. City was setting up the system in 1998. Vera: only one other business Doll House has a renewable CO & CU, maybe a few others. Regarding Resolution that says failure to renew the CO & CU will result in refusal to issue the Occupational License. County issued the CO to Masquerade not Studio AIA. Appellant's Exhibit 1: City Occupational License 1998 For Studio AIA Cross-examination of Atesiano regarding City's Composite Exhibit 4 (approximately 29 arrest reports); drug dealing and gambling. Steers: 14 narcotics arrests, gambling. Jeffrey Tew: Redirect Det. Atesiano: Mr. Zepka permitted Mr. Rosenthal to manage these premises? Yes. Turetsky: It has been established that Mr. Rosenthal is a partner in this venture. Is that correct? Terminello: We will concede that Mr. Rosenthal is a 50% shareholder of the corporation that operates the business. Detective Edward Santiago: observed Rosenthal; Samson asked who Jim Bachman was; General Manager for all of Mr. Zepka's businesses and he's the agent for the corporation. 15 'Clerk's Note[Staff noted the original document not in file and created an unsigned original for the Record on 3/15/06.] Summary Minutes:Regular City Commission Meeting March 16-17.20,2000 City of Sunny Isles Beach,Florida Terminello said that Zepka and Rosenthal had made an agreement. Criminal offenses occurred proposes settlement: Rosenthal agrees to divest himself of interest in Studio AI A, (subject to the agreement of shareholders). City to permit the transfer of CU allowing the stock transfer, in meanwhile Rosenthal agrees to stay away,Zepka or agent must be present at all times to operate. (Mr. Rosenthal is in attendance) City's Composite Exhibit 6: Corporate Inquiry Menu from Florida Division of Corporations Public Access Menu. City's Composite Exhibit 7: Instructions & Application of Occupational License & Certificate of Use. Commissioner Iglesias, Commissioner Kauffman, and Mayor Samson questioned Steers. Terminello: Restated Offer: that the business be given its licenses necessary to operate in exchange for a understanding that Mr. Rosenthal is going to divest his interest in the operation of the business and both pecuniary and control,and is going to, within the next 30 days, that the parties, Mr. Zepka and Mr. Rosenthal,will tender to the City such documents, that Mr. Zepka will assume control of the day-to-day operations of the business and Mr. Rosenthal will not have anything to do with the operation of the business until and if such time as the divest goes through. Tew asked if they are permitted to reopen, they would make a condition of reopening, that Mr. Rosenthal divest any ownership interest and any other interest or participation in the business and 30 days to accomplish that, would Zepka also agree to the other conditions which would trigger a termination such as law violations or Code violations in the format that he agreed to in the Boardwalk settlement and in the Friends settlement. Terminello:with the understanding that we don't have the Certificate of Use issue regarding the nightclub at the hotel because part of the settlement would be reinstatement of the Certificate of Use to operate the nightclub. Mr. Zepka would with the following caveat, that since the circumstances here are greatly different, we would like to cap that at one year. Mayor Samson wants the gambling machines removed. Commissioner Turetsky and Vice Mayor Morrow questioned Victor Zepka: William Zepka is Victor's father. Chris Steers,on behalf of staff they object to settlement, it is a threat to the health, safety and welfare. Commissioner Kauffman moved and Commissioner Turetsky seconded a motion to deny the settlement offer. The motion to deny the offer of settlement was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman ves Commissioner Turetsky ves Vice-Mayor Morrow ves Mayor Samson ves 16 'Clerk's Note[Staff noted the original document not in file and created an unsigned original for the Record on 3/1/06.1 Summay Minutes:Regular City Commission Meeting March 16-17.20,2000 City of Sunny Isles Beach,Florida Terminello questioned Steers: Did the City send a notice to Mr. Zepka to renew his Certificate of Use and Occupancy? No. Tew: What did the other businesses do? Steers: They came in and applied for renewal, which included the Doll House, the Newport and the Porter House. Terminello, Tew and Steers questioned Victor Zepka regarding drug and illegal gambling activities and adult entertainment on the premises. Terminello questioned Anna May Miller, a 14-year employee of Zepka. Terminello questioned Detective Ray Atesiano. Closing arguments from Terminello and Tew. Judge Manuel Ramos spoke against approving a CO for Studio Al A. Commissioner Iglesias said that the evidence shows the premises had become a nuisance. Commissioner Kauffman moved and Commissioner Turetsky seconded a motion to affirm the staff denial of the Occupational License. The motion to deny the Occupational License was approved by a roll call vote of 5-0 in favor. Vote: Commissioner Iglesias ves Commissioner Kauffman yes Commissioner Turetsky ves Vice-Mayor Morrow ves Mayor Samson ves 13. ADJOURNMENT: Vice Mayor Morrow moved and Commissioner Iglesias seconded for adjournment at 1:04 a.m. on Friday, March 17, 2000 and continued the meeting to 5:00 pm on Monday, March 20, 2000. March 20, 2000 adjourned at 9:36 p.m. Respectfully submitted by: Approved by the City Commission on June 15, 2000 (signed Richard Brown-Morilla) (signed David Samson) Richard Brown-Morilla, City Clerk David Samson, Mayor ATTENTION ALL LOBBYISTS: CITY LAW REQUIRES YOUR REGISTRATION PRIOR TO LOBBYING. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. 17 *Clerk's Note[Staff noted the original document not in file and created an unsigned original for the Record on 3/I 5/06.]