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11-15-05 Item 14CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM To: Honorable Mayor, Vice Mayor & City Commission From: Maria V. Davis City Manager RESOLUTION: South Miami *America ft i I I 11.1 2001 Date: November, ; 2005 Agenda Item #� L RE: Abandonment of R -O. -W SW 50 Street 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 portion of SW 50 Street west of SW 63 Avenue in order to alleviate concerns about illegal parking and security. It is important to note that this is not a legal petition, as general law requires all abutting property owners to consent to the abandonment. 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 (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 abandonment of the future use of the unimproved right -of -way as a street for vehicle traffic with the City retaining ownership and control of utility easements and the open space. (5) The City could improve security for the property by construction of physical barriers, use of signage and landscaping. RECOMMENDATION: i It is recommended that, as an alternative to the request, the City should take the following actions: a) Adopt the attached resolution abandoning the unimproved right -of -way as a street for vehicle usage (egress and ingress); (b) The City retains ownership of the unimproved right -of -way and control of all existing utility easements located thereon and the open space; (c) The subject right -of -way should be improved with appropriate signage, physical barriers and landscaping in order to eliminate illegal parking and to provide security. Attachments: Draft Resolution and attachment (sketch of plat) Citizen petition Fla. Stat. 336.09, 336.10, 336.12 Public notices MD /DOD /SAYE: \Comm Items\2005 \11 -1 -05 \Street Closure SW 50 St Report.doc 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA APPROVING THE ABANDONMENT 5 OF AN UNIMPROVED RIGHT -OF -WAY PORTION FOR FUTURE 6 VEHICLE ACCESS OF SW 50 STREET LOCATED BETWEEN SW 63RD 7 AVENUE AND THE CORPORATE LIMIT LINE OF THE CITY OF SOUTH 8 MIAMI; SAID ABANDONMENT SUBJECT TO THE CONTINUANCE OF 9 THE EXISTING UTILITY EASEMENTS AND GENERAL PEDESTRIAN 10 ACCESS; PROVIDING FOR AN EFFECTIVE DATE 11 12 WHEREAS, the City Commission has the power to vacate, abandon, discontinue and 13 close an existing public or private street, alleyway, road, highway or other place used for travel 14 or any portion thereof, other than a state or federal highway, and to renounce and disclaim any 15 right of the City and the public in and to any land in connection therewith; and 16 17 WHEREAS, the City of South Miami has received a request from abutting property 18 owners requesting the abandonment and vacation of an unimproved portion of SW 50 Street west 19 of SW 63 Avenue in order to alleviate concerns about illegal parking and security; and 20 21 WHEREAS, the City has no plans to use the unimproved right -of -way for vehicle 22 traffic; and 23 24 WHEREAS, the abandonment of this unimproved right -of -way would allow the abutting 25 property owners to assume ownership of the property and allow for expanded development on 26 their property; and 27 28 WHEREAS, the vacation and abandonment of this unimproved right -of -way requires all 29 abutting property owners to consent to the abandonment; and 30 31 WHEREAS, the subject unimproved right -of -way appears park -like and contains a 32 through sidewalk and several large and mature trees all which could be removed if the property 33 was vacated and conveyed to each adjoining property owner; and 34 35 WHEREAS, the City of South Miami and the abutting property owners could be better 36 served by abandonment of the future use of the unimproved right -of way as a street for vehicle 37 traffic with the City retaining ownership and control of utility easements and the open space; and 38 39 WHEREAS, the City of South Miami could improve security for the property by 40 construction of physical barriers, use of signage and landscaping. 41 42 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 43 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 44 45 Section 1. That all of the land shown as "unimproved right -of way" on the sketch of plat 46 attached to this resolution, said property generally described as an "unimproved right-of-way 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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 portion" of SW 50th Street located west of SW 63rd Avenue, and said unimproved right -of -way being 50 feet wide and 192 feet long more or less, running east and west, is hereby abandoned as a street for vehicle usage (egress and ingress). Section 2. The City shall retain ownership of the unimproved right -of -way and control of all existing utility easements located thereon and the open space. Section 3. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this , day of , 2005. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: COMMISSION VOTE: Mayor Russell: Vice Mayor Palmer Commissioner Wiscombe: CITY ATTORNEY Commissioner Birts- Cooper Commissioner Sherar: Attachment: Plat sketch EXomm Items \2005 \11 -1 -05 \Street closure SW 50 Str Resolution.doc Ul O I V cfl .,3. vv - of AV L. 100 So 50 Cl) 0 C: U) 73 U) cti cn ; o cj 3> tP goo ffT--M-1 W w c FO Cil ro Ul cD ro AP€i 1 g 2004 Petition for Abandonment of Easement anfl 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 5e Street and 5e Terrace 2. Which real property was previously intended for a thru street and the City of South Miami abandoned said property. Said real property is a strip of land and is of virtually no value or use to the City 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 to be 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. S. We support the abandonment for the following reasons: A. It will help increase security B. City of South Miami Ordinance prevents from building a thru street C. It will increase the buildable area of the lot(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, to the best of our knowledge. Signatures of Property Owners: Annette E. Vergara 6311 S.W. 5e Terrace Miami, Florida 33155 -RECEIVED APR 22 '2004 CITY CLERK'S OFFICE Page 2 ... � � 1 Annette E. Vergara Swor o and Subscribed before me this 13 day of April, 2004. Not Public O`FRY pUet� 04C1ZiT0TAP,Y SEAL GIONNE JANIE GOMMIS51O1vNUMBER -� CC963755 i4fYCO1mMISSION-EXPiF'Es OF 09 NOV. 26;20N Ricardo and Silvia Silveira 6301 S.W. 50th Terrace Miami, FL 33155 By: / • ;.� .- B Rieard® Silveira Silvia Silve' Sworn to and Subscribed before me this'da of April, 2004. Y P Fantina Ads= Notary Public Wi My commission DD133024 " Expires August 08, 2006 Jorge and Damaris Chipi 4990 S.W. 63rd Avenue Miami, FL 33155 Ja ge hipi Danmaris Chipi Swom,t,q and Subs •bed to before me this day of April, 2004. /269 Not u is Olga L. Mas ,pRY pV °• ' B °� Commission #DD146203 Expires: Sep 30, 2006 Bonded Thru Atlantic Bonding Co., Inc. rtaI tes & Consfitution :View Statutes :- >2004- >Ch0336- >Section 09 : Online Sunshine Page 1 of l Select Year: 2004Go The 2004 Florida Statutes Title XXVI Chapter 336 View Entire Chapter PUBLIC TRANSPORTATION COUNTY ROAD SYSTEM 336.09 Closing and abandonment of roads; authority. -- (1) The commissioners, with respect to property under their control may in their own discretion, and of their own motion, or upon the request of any agency of the state, or of the federal government, or upon petition of any person or persons, are hereby authorized and empowered to: (a) Vacate, abandon, discontinue and close any existing public or private street, alleyway, road, highway, or other place used for travel, or any portion thereof, other than a state or federal highway, and to renounce and disclaim any right of the county and the public in and to any land in connection therewith; (b) Renounce and disclaim any right of the county and the public in and to any land, or interest therein, acquired by purchase, gift, devise, dedication or prescription for street, alleyway, road or highway purposes, other than lands acquired for state and federal highway; and (c) Renounce and disclaim any right of the county and the public in and to land, other than land constituting, or acquired for, a state or federal highway, delineated on any recorded map or plat as a street, alleyway, road or highway. (2) The commissioners, upon such motion, request, or petition, may adopt a resolution declaring that at a definite time and place a public hearing will be held to consider the advisability of exercising the authority granted in this section. History. - -s. 49, ch. 29965,1955. Copyright ©1995 -2005 The Florida Legislature - Privacy Statement • Contact Us 1 http: / /www.leg.state.fl.us /statutes / index .cfin ?App_mode= Display_Statute &Search String= &URL =Ch... 3/10/05 attoes & Constitution :View Statutes :- >2004- >Ch0336- >Section 10 : Online Sunsfi ne .ragc ,. V1. L Select Year: 2004 Go The 2004 Florida Statutes Title XXVi Chapter 336 View Entire Chapter PUBLIC TRANSPORTATION COUNTY ROAD SYSTEM 336.10 Closing and abandonment of roads; publication of notice. -- Before any such road shall be closed and vacated, or before any right or interest of the county or public in any land delineated on any recorded map or plat as a road shall be renounced and disclaimed, the commissioners shall hold a public hearing, and shall publish notice thereof, one time, in a newspaper of general circulation in such county at least 2 weeks prior to the date stated therein for such hearing. After such public hearing, any action of the commissioners, as herein authorized, shall be evidenced by a resolution duly adopted and entered upon the minutes of the commissioners. The request of any agency of the state, or of the United States, or of any person, to the commissioners to take such action shall be in writing and shall be spread upon the minutes of the commissioners; provided, however, that the commissioners of their own motion and discretion, may take action for the purposes hereof. Notice of the adoption of such a resolution by the commissioners shall be published one time, within 30 days following its adoption, in one issue of a newspaper of general circulation published in the county. The proof of publication of notice of public hearing, the resolution as adopted, and the proof of publication of the notice of the adoption of such resolution shall be recorded in the deed records of the county. History. - -s. 50, ch. 29965, 1955. Copyright ©1995 -2005 The Florida Legislature • Priva_y Statement • Contact Us http: / /www.leg. state. fl.us /statutes / index .cfm ?App_mode= Display_Statute &Search String= &URL =Ch... 3/16/05 Statutes & Constitution :View Statutes : unixne aunsmnu Select Year: 12004 H The 2004 Florida Statutes Title XXVI Chapter 336 View Entire Chapter PUBLIC TRANSPORTATION COUNTY ROAD SYSTEM 336.12 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 any rights in any land delineated on any recorded map as a road, 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 released therefrom; and if the fee of road space has been vested in the county, same will be thereby surrendered and will vest in the abutting fee owners to the extent and in the same manner as in case of termination of an easement for road purposes. History.--s. 52, ch. 29965, 1955. Copyright ©1995 -2005 The Florida Legislature • Privacy Statement • Contact Us http: / /www.leg.state.fl.us/ statutes / index. cfin? App_mode= Display_Statute &Search String = &U... 6/6/05 CITY OF ­0 SUPERVISOR, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday 'PUBLIC V3 and Legal Holidays) newspaper, published at Miami in Miami -Dade NOTICE IS HEREBY given that the`( County, Florida; that the attached copy of advertisement, Miami, Florida will conduct Public He; being a Legal Advertisement of Notice in the matter of meeting scheduled for Tuesday, N any discount, rebate, commission or refund for the purpose p.m., in the City Commission CI of securing this vertise or publication in the said consider the following items: MIAMI DAILY BUSINESS REVIEW -AN,ORDINANGE OF'THE MPl Published Daily except Saturday, Sunday and OF THE CITY OF :`SOUTH 'P Legal Holidays CHAPTER 21, POWER,'OF. EM Miami, Miami -Dade County, Florida PROVISION;;ENTlTLEO: "USE;{ STATE OF FLORIDA MAIN" WHICH WILL PREVENT' FROM AUTHORIZING THE F, COUNTY OF MIAMI -DADE LAWSUITS "►H=N,.TI-IE'END; Before the undersigned authority personally appeared WOULD BE TO SELL THE PI TIES;-' PROVIDING ;FOFi;.:COD O.V. FERBEYRE, who on oath says that he or she is the CONFLICT AND AN EFFECTIVI SUPERVISOR, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday AN ORDINANCE OF THE and Legal Holidays) newspaper, published at Miami in Miami -Dade OF THE CITY OF SOUTH County, Florida; that the attached copy of advertisement, THE CITY MANAGER TO being a Legal Advertisement of Notice in the matter of LOADER (KNUCK LE-BOC any discount, rebate, commission or refund for the purpose CUBIC YARD TRASH rTRt of securing this vertise or publication in the said AT A TOTAL COST OF $2e newspaper. INSTALLMENT PAYMENT CITY OF SOUTH MIAMI CEED$45,075:22TOBtt PUBLIC HEARING FOR 11/1/2005 DEPARTMENT,LEASE.,P NUMBERS 001 1720 53, in the XXXX Court, PROVIDING'.' FOR . SEVEF was published in said newspaper in the issues of _ FLICT, AND AN,iFFECTIV 10/21/2005 AN ORDINANCE OF.THE OF THE CITY OF 'SOUTf Affiant further says that the said Miami Daily Business vvi l n>, Review is a newspaper published at Miami in said Miami -Dade MAINTENANCE County, Florida and that the said newspaper has BE CHARGED ] heretofore been continuously published in said Miami -Dade County, BE CHARGED Florida, each day (except Saturday, Sunday and Legal Holidays) NUMBER 001 -1 TY, ORDINANC and has been entered as second class mall matter at the post office in Miami in said Miami -Dade County, Florida, for a AN ORDINANCE OF THE MAYOF period of one year next preceding the first publication of the OF,,THE, CITY OF SOUTH MIAMI attached copy of advertisement; and affiant further says that he or GARBAGE --AND TRASH; AMENDI she has neither paid nor promised any person, firm or corporation THE CODEOF ORDINANCES EN7 any discount, rebate, commission or refund for the purpose TION . FEE'`SCHEDULE;" PROVID of securing this vertise or publication in the said ORDINANCES IN CONFLICT, AND newspaper. A RESOLUTION OF THE MAYOF �OF i A THE CITY OF SOUTH MIAMI, F ABANDONMENT OF AN "UNIM PORTION `. FOR "FUTURE, VEHIC STREET LOCATED BETWEEN;SV Sworn to and subscribed before me this CORPORATE LIMIT LINE OF THI .. SAID ABANDONMENT SUBJECT 9 ALL interested ;pirtle,s are invited to attend and will Maria M. Menendi City Clerk Pursuant to Florida Statutes 286.01 66j the City" hereby that if a person decides to appeal any decision.made bZ cy or Commission with respect to any matter consii hearing, he or she wilPneed a record of the proceeding: purpose, affected person may need to ensure that a ? the proceedings is made which record "includes the t :dente upon which the appeal is to be based !10/21 Commissioner Wiscombe: Yea Commissioner Sherar: Yea Vice Mayor Palmer: Absent Commissioner Birts- Cooper: Yea Mayor Russell: Yea With no further discussion or comments, the motion to approve this item as amended passed by a 4 -0 vote: Commissioner Wiscombe: Yea Commissioner Sherar: Yea Vice Mayor Palmer: Absent Commissioner Birts- Cooper: Yea Mayor Russell: Yea 14. 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 63' 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. 3/5 (Commissioner Sherar) Moved by Commissioner Sherar, seconded by Commissioner Wiscombe to approve this item. Mr. O'Donniley presented the item. Public hearing was opened. Ricardo Silveira said that, as far as he is concerned, the City abandoned this right -of -way a long time ago. He said that he has lived in the City for the past ten years and that he has done his part at his own expense by maintaining the property, whereas the City has never done anything. Marlene Reiss said that if the Commission plans to pass this resolution that they incorporate the conditions recommended by staff since it is a fine piece of property that with minimum improvement would provide that entire neighborhood with the only green space that they have in that part of town. She said that she does not see how the City can abandon that property for the benefit of just three residents. REGULAR CITY COMMISSION 13 MINUTES - June 14, 2005 Jorge Besu said that his property is right in front of the easement and the right -of -way. He said that his and Mr. Gutierrez's property are the most affected by this property... inaudible... Rafael Gutierrez spoke in opposition of the petition; he wants to see that it remains as it is for everybody's enjoyment. However, if this request is approved, he said that he expects equal rights. Jorge Chippi said that he owns the property directly north of the area being discussed. He said that he has 192 ft of fence that the City made him build lower than standard fences because the fence is on the right -of -way. His main concern is about lack of security. He said that he wants the area closed so that he does not have to deal with security problems any longer. He said that he is not looking for more land, what he is looking for is for more safety so that he may go to sleep at night without being afraid that intruders may try to jump over his fence and take whatever they want. .Annette Vergara spoke in favor of the petition saying that the measure will increase security which constitutes her main concern. She then submitted a compilation of photographs and other documents relating to this item. Raymond Ibarra said that he lives north of Mr. Chippi's property. His main concern is also about security. Terry Garcia said that the City h� parking issues that may have been in signage and enforcing that no visitors that she fully opposes the request for fully supports the recommendations Department. is taken care of any the area by placing park there. She said abandonment, and she from the Planning Silvia Silveira is one of the petitioners and she said that people park on the right -of -way and that this is shown on the photographs that she submitted earlier. Cathy Gutierrez said that she would encourage the petitioners for the abandonment that instead of closing the green areas off, that probably one of the first things that they should do is to look for solutions such as implementing the Crime Watch program and working with the Police Department. Maureen Henry lives around the block from the area. She said that she would not like to see a road go through there; she does not think that it would be in the best interest of the neighborhood or in the best interest of preserving green space; REGULAR CITY COMMISSION 14 MINUTES - June 14, 2005 however, she said that the recommendations from staff seem like a good solution; she also said that she can understand the concerns of the neighbors about security; her concern, however, is the preservation of green space in the neighborhood. Moved by Commissioner Wiscombe, seconded by Commissioner Sherar, the motion to extend the meeting for one hour passed unanimously by acclamation. Commissioner Sherar at this time disclosed that he talked to a group of folks, George, Mr. Silveira and Ana Marie, about a year ago when this whole thing first started. Mr. Figueredo then asked Commissioner Sherar, under Jennings, whether he can still be objective after the above - disclosed ex -parte communication. Commissioner Sherar replied that he felt that he still could be objective. Commissioner Sherar said that he first became acquainted with this property about ten years ago because he deals with abandoned properties. He said that at that time the property was not maintained; this property was given to the people as a ,road, and this should had been made a road or as part of people's properties. We have to do one of two things, he continued, we either have to make this a road, or we do away ,with it because we are not using it for the purpose for which it was given to us. At this junction, and to answer Mayor Russell's question regarding the clause on line 29, page one of the proposed resolution, Mr. Figueredo clarified that the City does not require the absolute support of all the property owners to consent to the abandonment. As a point of clarification on another issue, Mr. Figueredo said that the question that he had asked the Planning Director was is terms of the actual dedication, whether it has to be only for vehicular traffic in terms of the right -of -way. The site is currently used for pedestrian traffic; therefore, whether or not you choose to make a decision never to put a road through, that wouldn't necessarily require you to vacate the right -of -way because you can have pedestrian traffic; the dedication was not limited to vehicular traffic, so, if you have pedestrian traffic you are still maintaining the right -of- way, Mr. Figueredo concluded. Commissioner Birts- Cooper asked whether there is a way to find out how much crime has been reported from that site. REGULAR CITY COMMISSION 15 MINUTES - June 14, 2005 1 Mr. O'Donniley said that he 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 that she thought that this was the 8 best kept secret in South Miami. She said that it is a very 9 nice green area and a great meeting place for all the families 10 to get together. As far as for crime, she suggested adding some 11 lighting. She said that it should be left as a green space. 12 13 Commissioner Wiscombe said that he keeps seeing these little 14 niches of green space fading away. He suggested installing some 15 boulders to keep cars from getting in and just leave it as is. 16 17 Commissioner Sherar said that the City does not own this 18 lot; the public has a right -of -way. He then said that he would 19 propose a few amendments to the resolution. 20 21 Mayor Russell said that she would like to take some more 22 time and schedule a workshop to discuss this item further. She 23 said that she would like to have some time in order to absorb 24 all the comments. The date of the workshop will be announced at 25 a later date. 26 27 Moved by Commissioner Sherar, seconded by Commissioner 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 explained to the Commission that there should 37 be absolutely no communication of any type, (no phone calls', or 38 emails) . Pursuant to Jennings, no communication at this point 39 whatsoever with the members of the Commission. 40 41 Mayor Russell instructed the public that all the questions 42 regarding this matter should be directed to Mr. O'Donniley in the 43 Planning Department who will answer all the questions and that he 44 will then get back to the 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