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HomeMy WebLinkAboutM-95-0271TO Cesar odio City Manager FRO!,4 Commission CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUr-1 13 DATE FILE su gb,ruary 23, 1995 mmer Jr. REFERENCES: ENCLOSURES: Please schedule an item regarding °Marier A -nue" for discussion on the (March 9th Commission Meeting. Thank you. cc:Commission Agenda office 95- 271 49-• • TO. rr R U-Ub U, 2U NUbL-11Y WUKKS H IX tqu ., b IUUu r 1 F. U� CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM HonoraAe �. L. Plummer, Jr. Vice Mavtrr ar H. Odio y_ Managex DATE Citi en SUWECT : 1119 Marle REFERENCES :. FILE : faint osing ENCLOSURES: Resolution #94-820 In accordance with your request, this memorandum will update you on the closing of Marlex Avenue to vehicular access as authorized by the Miami City Commission. On November 17, 1994, the Miami City Commission authorized the temporary restriction of vehicular access .to Marler Avenue at Douglas Road, adopting Resolution No. 94-820. This resolution set forth certain conditions with, which we are presently complying, i.e., (1) the Department of Public works shall design the temporary fence and swing gate and (2) the locking control: on the gate shall be maintained by the City of Miami. The third condition refers to the fact that the above two conditions shall remain in effect until such time as Marler Avenue is vacated and closed by plat. A, purchase order has been issued for erection of the gate and fence which, in this, case, consists of a steel picket fence with a 12-foot wide steel picket double swing gate. The fence is similar in design to other steel picket fences installed at City properties, such as the Orange Bowl Stadium and Lu.mmus Park. installation should be completed by the end of this month. This particular fence was selected because of its attractiveness, its high level of security and the ability to allow enforcement personnel to view what is occurring within the enclosed area (Marler Avej. Abaiit' "~four^ ( 4 )' property owners'-- who � abut Marler Avenue have expressed displeasure- over the,''design:of:•.the .selected_ fence, opting to see the erection..'.. of' a solid= wood.'.fence,,' similar to those_ within their.' -.Own- propert ;es:-!,,-, It�'. s our -:;view that" a solid.. wood fence is subject;:•ta ',vandalism by"graffitir'and does 'not' allow == enforcement personnel'-to',see through" to the other side. These :were the primary reasons for the picket fence selection. 95- 271 PHO14E NO. : 305 576 9454 Feb. 23 1995 05:35PM P1 NN11- 11 J* 3B©9 LOGUAAT AVENUE a CGCCNUT GROVE, f LOMIDA 33133 1 City Commissioners City of Miami Fan American Way Miami, Florida 33133 Dear Sirs; TtELEPHONG (305) 447.0500 We respectfully request on appearance at the March City Commissioners Meeting to resolve the Issues of maintenance and property taxes of Marler Avenue, Coconut Grove, a 24-foot wide unpaved and unlighted strip which was officially closed -off pursuant to our request at the City Commissioners Meeting of November 17, 1994. The residents of Loquat Avenue who boarder the abandoned alley known as Marler Avenue wish to petition the city to allow us to fence, landscape, and maintain the land. The residents of Loquat are prepared to pay city property taxes on this land. We ask that this allocation take effect Immediately, so that the abandoned strip at our backyards will not again become a health and safety hazard, BACKGROUND OF OUR REQUEST Since abandonment of the alley by the city In 1915, many Loquat presidents took it upon themselves to fence and maintain the strip behind their homes. The portion which remained unfenced lies at the Douglas Road end of the1bbandoned alley, and it was here that problems developed, The city was unable to police the abandoned alley and prevent Its use as a hide-out for drug addicts and'as an Illegal and unregulated dump. Wa, the Loquat residents, personally paid for the removal of the horrible rubbish that collected there for years, We then checked with Mr, Duran, the project manager of St, Hughes Oaks, who told us St. Hughes Oaks had Investigated and ruled out any future use for the alley. The project was committed to Its present 9 5 -- 271 I's�.-.- boundaries, its fences were already erected and paid for, and all utility junction boxes and services were put within its grounds with access from Franklin Avenue. The project was already for over budget and nothing more was planned. We also contacted the architects for St. Hughes Oaks who told us that it had been designed exactly os the fences stood, and that would not change, We contacted the City of Miami legal department who suggested that, because the city was unable, to police or maintain the abandoned strip, we approach the City Commission for official closure of it, We attended the City Commissioners meeting In September 1994, and we were asked by the commission to meet with the Public Works Department. We met with Wally Lee and Jim Kay of Public Works, and they concurred that It was a good idea for us to fence -In the land. They then took the matter back to tha City Commissioners for official closure. At the November 1994 City Commission meeting a resolution to close the abandoned alley was passed, and it was established that the Loquat residents would agree to maintain and pay taxes on the land. However, for reasons that are still unclear, Mr, H, Bailey of Public Housing raised a surprise objection to the abutting residents maintaining the abandoned alley. The commission then asked that the Loquat residents meet with Mr, Bailey, Jim Kay, and NET to resolve the Issue, We scheduled a meeting, and much to our amazement and dismay, Mr. Bailey abruptly announced that "the bottom line" was that the alley was going to be left as a "brier patch." He stated that the "alley is city", that "St. Hughes Oaks is city", and that "I am city". Moreover, he said that he would decide what would be done with the abandoned alley, and that is how things work in this. city. We asked if we could at least put up a fence at our expense to close the alley, and he said "no", We asked why, but we were given no answer, We tried several avenues of compromise, but Mr, Bailey sold that these Issues are not resolved at meetings with citizens, but are decided in the offices of city administrators, behind closed doors. We asked Mr. Bailey several times what his intentions were for the property, but again, we got no response. Two weeks later we telephoned Mr. Kay, and he said that they had indeed met without the Loquat residents to decide the fato of the abandoned allay, and thot Mr. Bailey was adamant that he would erect a green galvanized steel picket fence, In essence an extension of the 95- 271 . JUJ :-If U V1;D4 Feb. 23 1995 05: 42PM PI existing St, Hughes Oaks fence, across the entrance to the alley, which he did at great expense to the city. Text, Mr. Halley had all Loquat residents that had fenced the abandoned alley cited for illegal fences. All of the residents cited had been maintaining the abandoned alley at their own expense and their fences had been erected without complaint from the city for many decades. In the meantime, we thought It only prudent that the city manager, Cesar Odin, be notified of Mr. Bailey's inappropriate actions, and that he perhaps should mediate the matter and save the city thousands of dollars for the extension of the St. Hughes Oaks fence across the alley before It was too late, We began calling his office dolly —for 27 consecutive working days, sometimes two and three times a day —but we hove yet to receive a reply. We have explained the situation to his office staff, but we were repeatedly told to leave word or "call back after lunch," which we did, to no avail, it Is abundantly clear that Mr. Bailey is not acting legally or in good faith. His Job is to provide affordable housing for poor people, and he has no purrs ose for the abandoned alley, and no budget to maintain it. Instead, he further worsening the outrageous cost overruns at St, Hughes Oaks, which have placed the project for out of reach for any needy family and have drained the city of its ability to help house the needy; he is embroiling the city in a protracted and expensive legal battle with the cited residents of Loquat, on dubious legal grounds in light of the fact that the city abandoned the alley 80 years ago; and he Is thwarting the City Commission's intention to collect taxes on the abandoned property. We therefore respectfully request that the City Commission resolve the Matter by allowing the abutting Loquat residents to fence -in, maintain, and pay taxes on the abandoned alley. Yours very truly, 95- 2711_3 0..