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Res. No. 151-05-12130
1 RESOLUTIONNO.151-05-121 30 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 4 OF SOUTH MIAMI,FLORIDA APPROVING THE ABANDONMENT OF AN 5 UNIMPROVED RIGHT-OF-WAY PORTION FOR FUTURE VEHICLE 6 ACCESS OF SW 50 STREET LOCATED BETWEEN SW 63rd AVENUE AND 7THE CORPORATE LIMIT LINEOFTHE CITY OFSOUTHMIAMI;SAID 8 ABANDONMENT SUBJECT TO THE CONTINUANCE OF THE EXISTING 9 UTILITY EASEMENTS AND GENERAL PEDESTRIANACCESS;PROVIDING 10 FOR AN EFFECTIVE DATE 11 12 13 WHEREAS,theCity Commission hasthepowerto vacate,abandon,discontinue and 14 closeanexistingpublicorprivate street,alleyway,road,highway orotherplaceusedfortravelor 15 anyportionthereof,otherthanastateor federal highway,andtorenounceanddisclaimanyrightof 16 theCityandthepublicinandtoanylandinconnection therewith;and 17 18 WHEREAS,theCity of SouthMiamihasreceivedarequestfromabuttingpropertyowners 19 requestingtheabandonmentandvacation of anunimprovedportion of SW50Streetwest of SW63 20Avenueinordertoalleviateconcernsaboutillegalparkingandsecurity;and 21 22 WHEREAS,theCityhasnoplanstousetheunimprovedright-of-wayforvehicletraffic; 23 and 24 25 WHEREAS,theabandonment of thisunimprovedright-of-waywouldallowtheabutting 26propertyownerstoassumeownership of thepropertyandallowforexpandeddevelopmentontheir 27 property;and 28 29 'WHEREAS,thevacationandabandonment of thisunimprovedright-of-wayrequiresall 30abutting property ownerstoconsenttotheabandonment;and 31 32 WHEREAS,thesubject unimproved right-of-way appearspark-likeandcontainsathrough 33sidewalkandseverallargeandmaturetreesallwhichcouldbe removed if tho property wao vacated 34and conveyed to eaoh adjoining property owner;andtheCitvwill assume immediate assumption of 35 maintenance:and 36 37 WHEREAS,theCityofSouth Miami andtheabuttingpropertyownerscouldbebetterserved 38 by abandonment of the future useofthe unimproved right-of wayasastreetforvehicletrafficwith 39theCityretainingownershipandcontrol of utilityeasementsandtheopenspace;and 40 41 WHEREAS,theCity of SouthMiami eeuM willimprovesecurityforthepropertyby 42construction of physicalbarriers,use of signage^and landscaping-and regularpolicepatrol. 43 44 NOW,THEREFORE,BEIT RESOLVED BYTHE MAYOR ANDCITY COMMISSION OF 45 THE CITY OF SOUTH MIAMI,FLORIDA: 46 47 Section L Thatall of thelandshownas"unimprovedright-ofway"onthesketch of platattachedto 48this resolution saidpropertygenerallydescribedasan "unimproved right-of-way portion"of SW 49 50th Street located west of SW 63rd Avenue and said unimproved right-of-way being 50 feet wide 50and192feetlongmoreorless,runningeastorwest,ishereby abandoned asastreetforvehicle 51 usage (egress andingress). 52 53 Pg.2 of Res.No.151-05-12130 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Section 2.That this resolution willbe forwarded tothe Miami-Dade County Emergency ManagementSystems(EMS)forrequestinganupgradeupdate of theGISsystemtocorrectlyshow thatthisportionofSW50"'Avenueisnotan improved travel wavr Section3.TheCityshallretain ownership ofthe unimproved right-of-way andcontrolofallexisting utilityeasementslocatedthereonandtheopen space.and will immediately assume maintenance. Section4.Thisresolutionshallbeeffectiveimmediatelyuponbeingapproved. PASSED AND ADOPTED this 15*day of November.2005. ATTEST:APPROVED: "3 -erfY CLERK READ AND APPROVED AS TO FORM: Attachment:Plat sketch E:\Comm Itcms\2005\l l -1-05\Street closure SW 50 Str Resolution.doc Commission Vote: Mayor Russell: Vice Mayor Palmer Commissioner Wiscombe: Commissioner Birts-Cooper Commissioner Sherar: 4-1 Yea Yea Yea Yea Nay South Miami CITY OF SOUTH MIAMI OFFICE OFTHECITYMANAGER INTER-OFFICE MEMORANDUM To:Honorable Mayor,Vice Mayor &Date:November',2005 City Commission 2001 From: Agenda Item #_,UL Maria V Davis /J/Sri/MO/k RE:Abandonment of R-Q-W City Manager r^'U^**SW 50 Street RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA APPROVING THE ABANDONMENT OF AN UNIMPROVED RIGHT-OF-WAY PORTION FOR FUTURE VEHICLE ACCESS OF SW 50 STREET LOCATED BETWEEN SW 63rd AVENUE AND THE CORPORATE LIMIT LINE OF THE CITY OF SOUTH MIAMI;SAID ABANDONMENT SUBJECT TO THE CONTINUANCE OF THE EXISTING UTILITY EASEMENTS AND GENERAL PEDESTRIAN ACCESS;PROVIDING FOR AN EFFECTIVE DATE BACKGROUND AND ANALYSIS: This item was before the City Commission at its June 14,2005 meeting.Following a public hearing and discussion the item was deferred. The City has received a request from three of five abutting property owners requesting the abandonment and vacation of an unimproved portionof SW 50 Street west of SW 63 Avenue in order to alleviate concerns about illegal parking and security.It isimportanttonotethatthisisnotalegalpetition,as general law requires all abuttingpropertyownerstoconsenttotheabandonment.The matter is being brought to the City Commission at the request of a Commissioner.At present the City has no plans to use the unimproved right-of-way for vehicle traffic (egress and ingress). STAFF OBSERVATIONS .n .(1)The three owners submitting the request state that the abandonment will improve security and increase the development area potential on their abutting lots. (2)The subject unimproved right-of-way appears park-like and contains a through sidewalk and several large and mature trees all which could be removed if the property was vacated and conveyed to each adjoining property owner. (3)The actual vacation or abandonment requires all abutting owners to consent and sign a petition.It appears that there is opposition to the request for full abandonment of the right-of-way.The staff has met with one abutting owner who is opposed to the request as submitted;however,he supports a compromise leaving ownership with the City but eliminating any future use of the property as a street with traffic. (4)The City of South Miami and the abutting property owners could be better served by abandonmentofthefutureuseofthe unimproved right-of-way as a street for vehicle traffic with the City retaining ownership and control of utility easementsandtheopen space. (5)The City could improve security for the property by construction of physical barriers, use of signage and landscaping. RECOMMENDATION: It is recommended that,asan alternative totherequest,the City shouldtakethe following actions: a)Adopt the attached resolution abandoning the unimproved right-of-way asa street forvehicle usage (egress andingress); (b)The City retains ownership of the unimproved right-of-way and control of all existing utility easements located thereon andtheopenspace; (c)The subject right-of-way should be improved with appropriate signage,physical barriers and landscaping in order to eliminate illegal parking andto provide security. Attachments: Draft Resolution and attachment (sketch ofplat) Citizen petition Fla.Stat.336.09,336.10,336.12 Public notices MD/DOD/SAYE:\Comm ltems\2005\11-1-05\Street ClosureSW50St Reportdoc ¥'• ' •h §0 1 £, • » . • ', . . ' • • . ' . • ' • " . "" ' " ' V i ' ' " :, '• ••-• • > * • / ' - •' • • '• M l ' • I * • I - 51 if e - I - JI B - i " I F ' II .H 2 5 2 5 hi 8 - S . 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( DA D E CO U N T Y ) APR L9 2004 Petition for Abandonment of Easement and Utility Easement 1.We the undersigned,hereby petitions the City of South Miami for abandonment of an easement under the City of South Miami Code Ordinances,and respectfully requests that the necessary departmental review and hearings by the Planning and Zoning Board and the City Commission be called to consider our request as it relates to that area generally located as follows: Easement on S.W.63rd Avenue between 50th Street and 50th Terrace 2.Which real property was previously intended for a thru street and the City of South Miami abandoned said property.Said real property isa strip of land and isof virtually no valueorusetotheCity of South Miami. 3.We the undersigned,are the owners of property adjoining the subject property. 4.We the undersigned property owners,also understand and agree that,should there be the need for a Utility Easement tobe retained on the northern 25 feet of said easement, we would be required to provide 24-hour maintenance access for the utilities requiring the need for an easement. 5.We support theabandonment forthe following reasons: A.Itwillhelpincreasesecurity B.City of South Miami Ordinance prevents from building a thru street C.Itwill increase the buildable area of thelot(s) D.It will remove unnecessary rights of way or easements to permit development of the property. E.Other 6.We the undersigned property owners,hereby request the "abandoned easement"be made part of and equally divided into the three adjoining properties. 7.We hereby certify that the information submitted pursuant to this Petition is true and correct,tothebest of our knowledge. Signatures of Property Owners: Annette E.Vergara 6311S.W.50th Terrace Miami,Florida 33155 APR 2 2 2004 CITY CLERK'S OFFICE Page 2... Bv:LifLA dttl (tj^±U^i Annette E.Vergara ^ Sworn4p and Subscribed before methis \D day of April,2004. NotaryPublic Ricardo and Silvia Silveifa 6301 S.W.50th Terrace Miami,FL 33155 By: rfJi/lS.— .o Y p.,OFFICIAL NOTARY SEAL£**U&^D10NNEJANE ^^&£.*COMMISSION NUMBER ^w-a CC983755\*^<jF MYCOMMISSIOWEXPIHES c Of f\9 NOV.26,2004 By:r^WAA^fi »\N H<f) tticardo Silveira Silvia SilveiDa \ lis I /aavSworntoandSubscribedbeforemethisay of April,2004. Fanfina Adams •My Commission DO133024 ^25^Expires August 08,2009NotaryPublic Jorge and Damaris Chipi 4990S.W.63rd Avenue Miami,FL 33155 V.vjL^L^By pOO^ Damaris Chipi Sworn id and Subscribed to before me this /#day of April,2004. <#»«&,01gaL.MasM^Sfe Commission SDD146203 =£.M)?r=Expires:Sep 30,2006 ''&ai'*0 Bonded Thru '"1111»»AtlanticBonding Co.,Inc. ires &Constitution :View Statutes :->2004->Ch0336->Section 09 :Online Sunshine i>age l ot i tatufes Select Year.|2004j|jj§ The 2004 Florida Statutes Title XXVI Chapter 336 View Entire Chapter PUBLIC TRANSPORTATION COUNTY ROAD SYSTEM 336.09 Closing and abandonment of roads;authority.- m The commissioners with respect to property under their control may in their own discretion,and of their own irn0" or persons,are hereby authorized and empowered to: ta)Vacate abandon,discontinue and dose any existing pubiic or private street,aiieyway.road,highway.or otoerScTu^i fo!Lei.or any portion thereof,other than astate or federal highway,and to renounce and d,sc.a,m any right of the county and the public in and to any land in connection therewith; a*,,im =„„rinht of the county and the public in and to any land,or interest therein,acquired by acquired for state and federal highway;and a a-,oim anv rinht of the county and the public in and to land,other than land constituting,or highway. ^mrt«rtn rpnupst orDetition may adopt a resolution declaring that at a definite section. History.-s.49,ch.29965.1955.^__ Copyright ©1995-2005 The Florida Legislature •BJvasy^tgtejneDt -CoptgctUs htto://ww.leg.^^3/10/05 autes &Constitution :View Statutes :->2004->Ch0336->Section 10 :Online Sunshine rago i ui i. Select Yean |2004JJ §j| Thp 2004 Florida Statutes ____^_.,_x-^XXV,ChapterJSgVi^w Entire Chapter numir TRANSPORTATION COUNTY ROAD SYSTEMPUBUCTRANSPORTATION„.„„„re Before any such road shall be closed and336.10 Cosing and abandonment of roads;^'^JS';any reCorded map or plat asvacated,or before any right or interest of the county or pubhc ,n any land "JJ^^T Psn notice aroad shall be renounced and disclaimed,the «"™^;^"J^S£to the date statedthereof,one time,in anewspaper of general circuiafon «£°^£££h™in authorized,shai.bethereinforsuchhearing.After such pubiic heanng any act on ^"^^ioners.The request of anyevincedbyaresolutiondulyadoptedandenteredupon«he ^°f^~t0 take such acHon shall be inagencyofthestate,or of me United States,or of any person tothe comm.ss.on«amMoMH ofin.and shall be spread ^^^ZZ^^ZZ^ZZU^of such aresolu«on =rax=^^^ in the deed records ofthe county. History.-s.50.ch.29965.1955._. —.•r.^M ^i^^noa The Honda Legislature •BJvasiSSitBmSDi •SffliaaiiS hto://^,e,stateilW^^^^ Statutes &Constitution :View Statutes:Uniine bunsmnc Select Year:2004 The 2004 Florida Statutes Title XXVI PUBLIC TRANSPORTATION COUNTY ROAD SYSTEM 33612 Closing and abandonment of roads;termination of easement;conveyance of fee.-The act of any commissioners in closing or abandoning any such road,or in renouncing or disclaiming anyr^hts ,nanylanddelineatedonanyrecordedmapasaroad,shall abrogate the easement theretofore owned,held, claimed or used by or on behalf of the public and the title of fee owners shall be freed and releasedS£and if I fee of road space has been vested in the county,same will be thereby surrendered2Zvestintheabuttingfeeownerstotheextentandinthesamemannerasincaseoftermmafonof an easement for road purposes. History.-s.52.ch.29965,1955.^ Copyright ©1995-2005 The Florida Legislature -Privacy Statement •ContacLUs ] Chapter 336 Vi^w Entire Chapter ht^WJe*^ MIAMI DAILY BUSINESS REVIEW Published Daily exceptSaturday,Sundayand Legal Holidays Miami,Miami-Dade County,Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V.FERBEYRE,whoonoathsaysthatheorsheisthe SUPERVISOR,Legal Notices ofthe Miami Daily Business Review f/k/a Miami Review,a daily (exceptSaturday,Sunday and Legal Holidays)newspaper,published at Miami in Miami-Dade County,Florida;that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITYOF SOUTH MIAMI PUBLICHEARING FOR 11/1/2005 inthe XXXX Court, was published in said newspaper in the issues of 10/21/2005 Affiant further saysthatthesaid Miami Daily Business Review isa newspaper published at Miami in said Miami-Dade County,Florida and that thesaid newspaper has heretofore been continuously published insaid Miami-Dade County, Florida,each day (except Saturday,Sunday and Legal Holidays) andhasbeenenteredassecondclass mail matteratthepost office in Miami insaid Miami-Dade County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and affiant further says that heor shehas neither paid nor promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this/advertiserrjent^or publication in the said newspaper. Sworntoand subscribed beforemethis JD.2005 (SEAL)•$£»*?«,.Maria I.Mesa O.V.FERBEYRE personall|^Svtftt/!yrr#mmJs3ionDD2e3B5S ^ofar Expires March 04,2005 I -v..""•: •\: NOTICE IS HEREBY giventhatthe City Commission ofthe City ofSouth Miami,Florida will conduct Public Hearings atits regular City Commission meeting scheduled for Tuesday,November 1,2005 beginning at 7:30 p.m.,inthe City Commission Chambers,6130 Sunset Drive,to consider the following items:..'•'.'-'.!';/.•...•.:.';;'•'•IJDi •AN ORDINANCE OF THE MAYOR AND^CITY-COMMisSlbN •: OF THE CITY OF SOUTH MIAMI,FLORIDA,CREATING;!:, CHAPTER 21,POWER OF EMINENT DOMAIN,TO ADD THE J PROVISION ENTITLED UUSE OFPOWEROF EMINENT DO-f.r, MAIN"WHICH WILL PREVENT FUTURE CITY COMMISSIONS FROM.AUTHORIZING THE FILING OF EMINENT DOMAIN ,{i LAWSUiTS WHEN THE.END RESULT OF SUCH:ACTION f •! WOULD BETOSELLTHEPROPERTYTO PRIVATE PAR TIES;PROVIDING FOR OODIFICATIONi/ORDINANCES IN - CONFLICT AND AN EFFECTIVE DATE.'•-•.'-•"";V . AN ORDINANCE OF THE MAYOR AND CJTY COMMISSION . OFTHE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THECITY MANAGER TOPURCHASEA2006REARSTEER LOADER (KNUCKLE-BOOM CRANE/LOADER),A 2006J 26-.>:i CUBIC YARD TRASH TRUCK AND A2005 UTILITY TRUCK,[i AT ATOTAL COSTOF $225,376.09 WITH THEFIRSI YEAR'S ;:; INSTALLMENT PAYMENT OF FIVE PAYMENTSNOT.TO EX-; CEED $45,075.22 TO BE CHARGED TO THE'PUBLie WORKS DEPARTMENT LEASE PURCHASE -TRUCKS ACCOUNT . NUMBERS :001-1720-534-4455':ANDv:^111-i730r541-4455;/; PROVIDING FOR SEVERABILITY,ORDINANCES IN CON-•\FLICT,AND AN EFFECTIVE DATE.;:••'._;;\V ['X:;•;:,'••;•>:.j:| AN ORDINANCE OF THE MAYOR.AND CITY COMMISSION 'it OFTHECITYOFSOUTH MIAMI,FLORIDA AUTHORIZING ; THE CITY MANAGER TO ENTER INTO AFl VEYEAR AGREE^$j MENT WITH THYSSENKRUPP:ELEVATOR CORP.FOR f ;. MAINTENANCE'OF-ELEVATORS;FOR THE-AMOLINT OF V.<; $20,100 WITH THE FY 2b05-06SERVICE;FEEiOF$4,020TO J BECHARGED TO PUBLIC WORKS DEPARTMENT ACCOUNT T 0 NUMBER 001-1710-519-4670;PROVIDING FOR SEVERABILh >\ TY,ORDINANCES IN CONFLICT,AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION -,jj OFTHECITYOFSOUTH MIAMI,FLORIDA RELATING TO ? •GARBAGE AND TRASH;AMENDING SECTION 11-23(a)OF '; THECODEOFORDINANCESENTITLED"REFUSECOLLEC-• 1 TION FEE;SCHEDULE;PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,ANDANEFFECTIVE DATE.,. Pa RESOLUTION OF THE MAYOR AND CITY COMMISSION V\ OFTHE CITY OFSOUTH MIAMI.FLORIDA APPROVING THE ABANDONMENT OF AN UNIMPROVED RIGHT-OF-WAY',l-\ PORTION FORFUTURE VEHICLE ACCESSOFSW"50 :', STREET LOCATED BETWEEN SW63RD AVENUE AND THE :J CORPORATE LIMIT LINEOFTHECITYOFSOUTH MIAMI;;; •SAID ABANDONMENT SUBJECT TOTHECONTINUANCEOF ; THEEXISTING UTILITY EASEMENTSANDGENERALPE DESTRIAN ACCESS;PROVIDINGFORANEFFECTIVE DATE.J..; -.JJ....-.;-i •.' Aboveitems can be inspected intheCityClerk'sOffice,Monday-:• Fridayduringregularofficehours. !'•'':"'':'"'"••';/' Ifyouhaveany inquiries ontheaboveitemspleasecontactthe j City Clerk's office at:305-663-6340 . ').ALL interestedpartiesare invited toattendand will beheard. Maria M.Menendez City Clerk ...•' PursuanttoFlorida Statutes 286.0105,theCity hereby advises the public, thatifapersondecidestoappealanydecisionmadebythisBoard,Agenr cyor Commission with respecttoanymatterconsideredatits meeting or hearing,heorshe will heed a record ofthe proceedings,andthat for such purpose,affected person mayneedtoensurethata verbatim record of the proceedings ismade which record includes the testimony arid evi-f dence uponwhichtheappealistobe based -•-...•...-,-./: •10/21 05-3-37/598478M 1 Commissioner Wiscombe:Yea 2 Commissioner Sherar:Yea 3 Vice Mayor Palmer:Absent 4 Commissioner Birts-Cooper:Yea 5 Mayor Russell:Yea 6 7 With no further discussion or comments,the motion to 8 approve this item as amended passed by a 4-0 vote: 9 10 Commissioner Wiscombe:Yea 11 Commissioner Sherar:Yea 12 Vice Mayor Palmer:Absent 13 Commissioner Birts-Cooper:Yea 14 Mayor Russell:Yea 15 16 17 14.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 18 CITY OF SOUTH MIAMI,FLORIDA APPROVING THE ABANDONMENT 19 OF AN UNIMPROVED RIGHT-OF-WAY PORTION FOR FUTURE 20VEHICLEACCESSOFSW50 STREET LOCATED BETWEENSW 63rd 21 AVENUE AND THE CORPORATE LIMIT LINE OF THE CITY OF 22 SOUTH MIAMI;SAID ABANDONMENT SUBJECT TO THE 23 CONTINUANCE OF THE EXISTING UTILITY EASEMENTS AND 24 GENERAL PEDESTRIAN ACCESS;PROVIDING FOR AN EFFECTIVE 25 DATE.3/5 26 (Commissioner Sherar) 27 28 Moved by Commissioner Sherar,seconded by Commissioner 29 Wiscombe to approve thisitem. 30 31Mr.O'Donniley presented theitem. 32 33 Public hearing was opened. 34 35 Ricardo Silveira saidthat,asfarasheis concerned,the 36 City abandoned this right-of-way a long time ago.Hesaid that 37hehaslivedintheCityforthepasttenyearsandthathehas 38donehispartathisownexpensebymaintainingtheproperty, 39 whereas the City has never done anything. 40 41 Marlene Reisssaidthatifthe Commission plansto pass this 42 resolution thatthey incorporate the conditions recommendedby 43staffsinceitisafinepieceofpropertythatwithminimum 44 improvement would provide that entire neighborhoodwiththe 45onlygreen space that they have in that part of town.Shesaid 46 that she does not see how the City can abandon that property 47 for the benefit of just three residents. 48 REGULARCITYCOMMISSION _.3 MINUTES -June 14,2005 1 Jorge Besu said that his property is right in front of the 2 easement and the right-of-way.He said that his and Mr. 3 Gutierrez's property arethe most affected by this 4 property-inaudible... 5 6 Rafael Gutierrez spokein opposition ofthe petition;he 7 wants to see that it remains as it is for everybody's 8 enjoyment.However,ifthisrequestisapproved,he said that 9 he expects equal rights. 10 11JorgeChippisaidthatheownsthe property directly north 12ofthearea being discussed.Hesaidthathehas192ftof 13fencethattheCitymadehimbuildlowerthan standard fences 14becausethefenceisonthe right-of-way.Hismainconcernis 15aboutlackof security.Hesaidthathewantstheareaclosed 16 so that he does not have to deal with security problems any 17 longer.Hesaidthatheisnot looking formore land,whathe 18islookingforisformoresafetysothathemaygotosleepat 19 night without being afraid that intruders maytrytojumpover 20 his fence and take whatever they want. 21 22 Annette Vergara spoke in favor ofthe petition saying that 23themeasurewill increase security which constitutes hermain 24 concern.Shethen submitted a compilation of photographs and 25 other documents relating to this item. 26 27 Raymond Ibarra said that he lives north of Mr.Chippi's 28 property.Hismain concern is also about security. 29 30 Terry Garcia said that the City has taken care ofany 31 parking issues that may have been in the area by placing 32 signage and enforcing that no visitors park there.She said 33 that she fully opposes the request for abandonment,and she 34 fully supports the recommendations from the Planning 35 Department. 3637SilviaSilveiraisoneofthepetitionersandshesaidthat 38 people park on the right-of-way and that this is shown on the 39 photographs thatshe submitted earlier. 40 41 Cathy Gutierrez said that she would encourage the 42 petitioners for the abandonment that instead of closing the 43 green areas off,that probably one of the first things that 44 they should doisto look for solutions such as implementing 45theCrime Watch program andworkingwiththePoliceDepartment. 46 47 Maureen Henry lives around the block fromthe area.Shesaid 48thatshe would notliketoseea road go through there;she 49 does not think that it would be in the best interest of the 50 neighborhood orinthebestinterestof preserving green space; REGULAR CITY COMMISSION 14 MINUTES -June 14,2005 1 however,she said that the recommendations from staff seem like 2a good solution;she also said that she can understand the 3 concerns of the neighbors about security;her concern,however, 4isthe preservation ofgreenspaceintheneighborhood. 5 6 Moved by Commissioner Wiscombe,seconded by Commissioner 7Sherar,the motion to extend the meeting for one hour passed 8 unanimously by acclamation. 9 10 Commissioner Sherar at this time disclosed that he talked to 11a group offolks,George,Mr.Silveira and Ana Marie,about a 12 year ago when this whole thing first started. 13 14Mr.Figueredo then asked Commissioner Sherar,under 15 Jennings,whether hecanstillbe objective after the above- 16disclosed ex-parte communication.CommissionerSherarreplied 17 that he felt that he still could be objective. 18 19 Commissioner Sherar said that he first became acquainted 20withthispropertyabouttenyearsagobecausehedealswith 21 abandoned properties.Hesaidthatat that time the property 22wasnot maintained;this property was given tothe people asa 23road,and this should had been made a road or as part of 24people'sproperties.Wehavetodooneoftwo things,he 25 continued,we either have to make this a road,or we do away 26withitbecausewearenotusingitforthe purpose for which 27it was given to us. 28 29Atthis junction,andtoanswerMayorRussell'squestion 30regardingtheclauseonline 29,pageoneofthe proposed 31resolution,Mr.Figueredo clarified thatthe City does not 32 require the absolute support ofall the property owners to 33 consent to the abandonment. 34 35Asapointof clarification onanother issue,Mr.Figueredo 36saidthatthe question thathehadaskedthe Planning Director 37 was in terms of the actual dedication,whether it has to be 38 only for vehicular traffic in terms ofthe right-of-way.The 39 site is currently used for pedestrian traffic;therefore, 40 whether or not you choose to make a decision never to put a 41 road through,that wouldn't necessarily require you to vacate 42the right-of-way because youcanhave pedestrian traffic;the 43 dedication was not limited to vehicular traffic,so,if you 44 have pedestrian traffic you are still maintaining the right-of- 45 way,Mr.Figueredo concluded. 46 47 Commissioner Birts-Cooper asked whether there isa way to 48 find out how much crime has been reported from that site. 49 REGULAR CITY COMMISSION 15 MINUTES -June 14,2005 1Mr.O'Donniley said thathe did checked with our Police 2 Department and that he believed that there had been one 3 incident;that does not mean that is all that occurred but that 4 is what is on the record. 5 6 Commissioner Birts-Cooper said that a few years ago she was 7 walking on that area and thatshe thought that this was the 8 best kept secret in South Miami.She said that itisa very 9nicegreenareaandagreatmeetingplaceforallthefamilies 10togettogether.Asfarasfor crime,she suggested adding some 11 lighting.She said that it should be left as a green space. 12 13 Commissioner Wiscombe said thathe keeps seeing these little 14 niches of green spacefadingaway.He suggested installing some 15boulderstokeepcarsfromgettinginandjustleaveitas is. 1617 Commissioner Sherarsaidthatthe City doesnot own this 18 lot;thepublichasa right-of-way.Hethensaidthathewould 19 propose afew amendments totheresolution. 20 21 Mayor Russellsaidthatshe would liketotakesomemore 22timeandscheduleaworkshoptodiscussthisitemfurther.She 23 said that she would like to have some time in order to absorb 24allthe comments.Thedateofthe workshop will be announced at 25 a later date. 26 27MovedbyCommissioner Sherar,secondedbyCommissioner 28 Wiscombe,the motion to defer this item passed by a 4-0 vote: 29 30 Commissioner Wiscombe:Yea 31 Commissioner Sherar:Yea 32 Vice Mayor Palmer:Absent 33 Commissioner Birts-Cooper:Yea 34 Mayor Russell:Yea 35 36 Mr.Figueredo explainedtotheCommissionthatthereshould 37be absolutely nocommunicationofany type,(no phone callsor 38 emails).Pursuantto Jennings,no communication atthispoint 39 whatsoever with the members of the Commission. 40 41MayorRussellinstructedthepublicthatallthequestions 42regardingthismattershouldbedirectedto Mr.O'Donniley inthe 43 Planning Department whowillanswerallthe questions andthathe 44will then get back tothe Commission with the information. 45 46 47 82-05-12061 48 15.A RESOLUTION OF THE MAYOR &CITY COMMISSION OF THE CITY 49 OF SOUTH MIAMI,FLORIDA,RELATING TO A REQUEST FOR A REGULAR CITY COMMISSION 16 MINUTES -June 14,2005