Excerpt of Minutes of 6.14.2005 Commission meeting
REGULAR CITY COMMISSION MINUTES – June 14, 2005 11
language in the grant to bring this up for public hearing. This 1
is just to comply with the language. 2
3
Public hearing was opened and closed with no speakers. 4
5
With no further discussion or comments, the motion to 6 approve this item passed by a 4-0 vote: 7
8
Commissioner Wiscombe: Yea 9
Commissioner Sherar: Yea 10
Vice Mayor Palmer: Absent 11
Commissioner Birts-Cooper: Yea 12
Mayor Russell: Yea 13
14 15 81-05-12060 16 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 17 CITY OF SOUTH MIAMI, FLORIDA IN RESPONSE TO PETITION OF 18 ABUTTING PROPERTY OWNERS APPROVING THE VACATION AND 19 ABANDONMENT OF AN UNIMPROVED RIGHT-OF-WAY PORTION OF SW 20 60 AVENUE LOCATED BETWEEN SW 79 STREET AVENUE AND SW 80 21 STREET MORE FULLY DESCRIBED IN A LEGAL DESCRIPTION SET 22 FORTH BELOW; SUBJECT TO PROPERTY OWNERS PROVIDING FOR 23 THE RECORDING OF ALL LEGAL DOCUMENTS NECESSARY FOR THE 24 ABANDONMENT; PROVIDING FOR AN EFFECTIVE DATE. 3/5 25 (City Manager) 26 27
Moved by Commissioner Wiscombe, seconded by Commissioner 28
Birts-Cooper to approve this item. 29
30
Mr. O’Donniley presented the item. He explained that this 31
item comes before the Commission by petition of three adjoining 32
property owners. 33
34
The Mayor opened the floor for public hearing. 35
36
Sharon McCain said that this is giving City property away 37
that may be used for creating a park, urging the Commission to 38
vote against. 39
40
David Tucker Sr. said that if the Commission was going to 41
give away this portion of land that they should demand from the 42
recipients some commitment and responsibility in terms of 43
maintenance. 44
45
David Tharp introduced himself as the owner of the property. 46
He said that there is a misconception that this is the City’s 47
property when it is not. The City has a right-of-way over it; 48
REGULAR CITY COMMISSION MINUTES – June 14, 2005 12
the City abandoned its right to the south and to the north, he 1
added. 2
3
Ken Merker urged the Commission not to give away this 4
property…inaudible… 5
6
Lea Silvia Senosiain, Mr. Tharp’s neighbor, spoke in favor 7
of the petition…inaudible… 8
9
The public hearing was closed. 10
11
Mayor Russell said that some speakers seem to be under the 12
misunderstanding that by passing this item, the development 13
rights would increase. As explained by the Planning Director, 14
there will be a covenant on the deed of the property which will 15
be filed, that they do not gain any more square footage in 16
their development rights. They will not be able to build a 17
bigger house because the lot is larger. 18
19
Mayor Russell also asked as to why we are not receiving 20
monetary exchange for the property. Mr. O’Donniley said that it 21
is prohibited by Florida Statutes 336.12. 22
23
Commissioner Sherar said that he is for the abandonment; 24
however, he said he would propose an amendment to one of the 25
conditions so that the owner would not be able to split the lot 26
as the result of the increase in footage. 27
28
Moved by Commissioner Sherar, seconded by Commissioner 29
Wiscombe, to amend subsection (2) on page two, line 6 of the 30
resolution, as follows: Abutting property owners may not use 31
the square footage for street frontage from the abandoned 32
right-of-way to meet lot size or lot frontage requirements for 33
development purposes. The motion to amend failed by a 2-2 vote: 34
35 Commissioner Wiscombe: Nay 36
Commissioner Sherar: Yea 37
Vice Mayor Palmer: Absent 38
Commissioner Birts-Cooper: Yea 39
Mayor Russell: Nay 40
41
42
Commissioner Sherar then moved to add subparagraph (3) under 43
Section 2, as follows: Restrictions contained in this 44
resolution will be set forth in a covenant running with the 45
land entered into by the property owners. Seconded by 46 Commissioner Wiscombe, the motion to approve this amendment 47 passed by a 4-0 vote: 48 49
REGULAR CITY COMMISSION MINUTES – June 14, 2005 13
Commissioner Wiscombe: Yea 1
Commissioner Sherar: Yea 2
Vice Mayor Palmer: Absent 3
Commissioner Birts-Cooper: Yea 4
Mayor Russell: Yea 5
6
With no further discussion or comments, the motion to 7 approve this item as amended passed by a 4-0 vote: 8
9
Commissioner Wiscombe: Yea 10
Commissioner Sherar: Yea 11
Vice Mayor Palmer: Absent 12
Commissioner Birts-Cooper: Yea 13
Mayor Russell: Yea 14
15 16 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 17 CITY OF SOUTH MIAMI, FLORIDA APPROVING THE ABANDONMENT 18 OF AN UNIMPROVED RIGHT-OF-WAY PORTION FOR FUTURE 19 VEHICLE ACCESS OF SW 50 STREET LOCATED BETWEEN SW 63RD 20 AVENUE AND THE CORPORATE LIMIT LINE OF THE CITY OF 21 SOUTH MIAMI; SAID ABANDONMENT SUBJECT TO THE 22 CONTINUANCE OF THE EXISTING UTILITY EASEMENTS AND 23 GENERAL PEDESTRIAN ACCESS; PROVIDING FOR AN EFFECTIVE 24 DATE. 3/5 25 (Commissioner Sherar) 26 27
Moved by Commissioner Sherar, seconded by Commissioner 28
Wiscombe to approve this item. 29
30
Mr. O’Donniley presented the item. 31
32
Public hearing was opened. 33
34
Ricardo Silveira said that, as far as he is concerned, the 35
City abandoned this right-of-way a long time ago. He said that 36
he has lived in the City for the past ten years and that he has 37
done his part at his own expense by maintaining the property, 38
whereas the City has never done anything. 39
40
Marlene Reiss said that if the Commission plans to pass this 41
resolution that they incorporate the conditions recommended by 42
staff since it is a fine piece of property that with minimum 43
improvement would provide that entire neighborhood with the 44
only green space that they have in that part of town. She said 45
that she does not see how the City can abandon that property 46
for the benefit of just three residents. 47
48