2005 0908 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting September 8, 2005 City of Sunny Isles Beach, Florida 10C. A Resolution of the City Commission ofthe City of Sunny Isles Beach, Florida, Designating the Hall in Front of the Elevators on the First Floor in Sunny Isles Beach Government Center as "HISTORY HALL" with a Separate Plaque Engraved "Richard C. Schulman, Historian"; Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and City Historian Richard C. Schulman reported. Public Speakers: none Mayor Ede1cup thanked Mr. Schulman and Administrative Services Director Alyce Hanson.. Vice Mayor Thaler moved and Commissioner Iglesias seconded a motion to approve the resolution. Resolution No. 2005-827 was adopted by a voice vote of 5-0 in favor. 10D. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Approving a Partial Release of the Declaration of Restrictive Convenants Executed by Crescent Heights XLIV, Inc. Attached Hereto as Exhibit "A"; Providing the Mayor with the Authority to Execute the Release and Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Heard out of order, see 4A) City Clerk Hines read the title and Planning and Zoning Administrator Jorge Vera reported. Public Speakers: Neisen Kasdin, Esq.; Russell Galbut; Trini Duluc Neisen Kasdin, Esq., of Gunster, Yoakley & Stewart P.A., representing Crescent Heights, introduced Russell Galbut who is a principal of Crescent Heights. He said that this matter is a housekeeping matter to clear title. He said that in June 1998, Resolution No. 98-Z-12 was adopted approving unusual use and special exception for a site plan for a nursing home at the property at 19200 Collins A venue reserving non-use variances. He said there was a subsequent Resolution No. 98-Z-23 adopted on October 8, 1998, that created the restriction that brings him here this evening, approving the unusual use the special exception for the site plan, and the non-use variances. He said on September 28, 2000 the covenant between the owner of the property and the City was executed requiring a few items which included parking spaces, providing for the property across Collins Avenue, the A ventura Beach Club, and the height restriction and to be built in accordance with what was proposed which was a nursing home at that time. He said in October of2000 the resolution expired by law under the terms of the City Land Development Regulations, Section 265-11 (L) of the Code says "within two years after the Commission takes affirmative action approving an application for a variance conditional use or other quasi-judicial approval, the approval must be utilized in accordance with its terms" in other words a nursing home had to be built and subject to all the other terms. "In the event that the approval is not timely utilized the approval by the Commission shall be automatically expired and shall be considered void and of no effect." He went on to say that as a matter oflaw what happen here was that there was a deal between the City, the City said we will allow you to build a nursing home and if you build a nursing home you have to agree to these certain conditions and if you don't do it within the two years that is required under our code everything expires. He said that this is merely a ministerial 8