2001-1213 Regular City Commission Meeting

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Regular City Commission Meeting Summary Minutes December 13, 200 I City of Sunny Isles Beach, Florida Mr. Price said that his client realized that the property had an unusual feature. He asserted that unlike what might generally happen when a municipality builds a sidewalk, they build it at the edge of the right-of-way line. He said that on this particular corner property, the County built the sidewalk within the right-of-way line. He stated that there is also a drainage problem on this corner, which has not been addressed by anyone to date. Mr. Price stated that his client wishes to have the right-of-way vacated subject to several conditions and they have met with several members ofthe Commission regarding these conditions. He said they 1) had submitted a Declaration of Restrictive Covenants to the City that precludes any construction of any building within the right-of-way be vacated; 2) they had agreed that in the event that they do not obtain site plan approval for this property within 24 months, the vacation would go back to the City; and 3) they had been asked that in the event that they sell the property prior to construction, then the right-of- way would also revert back to the City. Mr. Price also said Bill Lone had approached his client several months before in regard to his efforts to beautify Atlantic Boulevard. Mr. Price said that his client had been asked as a potential purchaser, whether they would cooperate with that program. Mayor Samson reported that the City had just received written notice from the Miami- Dade County School Board of Education that they may be interested in purchasing the site to build a school. Vice Mayor Iglesias questioned the City's future maintenance and liability of the area. Mr. Price stated that they accept and are required to maintain it and pay taxes on it. Vice Mayor Iglesias asked who would be liable ifthe request was approved and later a person was hurt in a trip and fall. Mr. Price said yes his client would take the responsibility. Commissioner Goodman questioned Mr. Price regarding the Board of Education's notice of their interest in purchasing the site. He asked ifMr. Price would wait until after the School Board decides if they want the site. Mr. Price responded that his client wants to go on with the request for vacating the right-of-way, but offered not to proceed with a Zoning application until the expiration date that is stated in the letter from the Board of Education. City Attorney Dannheisser noted that ifthe City Commission wanted to have this happen, the City would first have to go through the notice and formal procedures to vacate. Commissioner Kauffinan and Commissioner Edelcup questioned the timing of the request coming before the Commission since they had not seen a site plan yet or Zoning application. 14