1313
1
2 ORDINANCE NO. _____ _
3
4 An Ordinance amending Section 20-4.2 of the City of South Miami's Land
5 Development Code to add criteria for the City's approval of the subdivision of land,
6 inclnding subdivision by a waiver of plat or through the process set forth in Chapter
7 28 of the Miami-Dade County Code.
8
9 WHEREAS, Section 20-4.2 of the City's Land Development Code provides for the process of
10 subdividing parcels ofland in the City of South Miami; and
11
12 WHEREAS, Section 20-4.2 defers to the Miami-Dade County platting process of Chapter 28 of
13 the Miami-Dade County Code of Ordinances; and
14
15 WHEREAS, Miami-Dade County platting ordinance requires that a tentative plat must be
16 approved by the City of South Miami before it can obtain final County plat approval; and
17
18 WHEREAS, Section 20-4.2 does not provide any criteria for the approval of a plat that has been
19 tentatively approved by the Miami-Dade County platting division; and
20
21 WHEREAS, this proposed amendment to section 20-4.2 will have been presented to the
22 Planning Board before second reading of this ordinance and the board's recommendation will be attached
23 as backup for second reading; and
24
25 WHEREAS, the Mayor and City Commissioners of the City of South Miami desire to enact
26 criterial for the approval of a plat that has been tentatively approved by the Miami-Dade County platting
27 division.
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
30 OF THE CITY OF SOUTH MIAMI, FLORIDA:
31
32 Section 1. Section 20-4.2, "Land subdivision regulations," is hereby amended to read as follows:
33 Section 20-4.2 Land subdivision regnlations.
34
35 (A) Applicable Regulations. The subdivision of all land within the city shall be subject to
36 Chapter 28 of the Miami-Dade County Code of Ordinances and administered by the Miami-Dade
37 County Department of Public Works. However. waivers of plat, tentative plats, and final plats
38 must also be approved by the City Commission and meet the requirements of Subsections (B) and
39 (B) (I), (2), (3). and (4) of this Section as set forth below.
40 (B) Platted Lot Compliance. Every building or structure hereafter erected, moved or
41 structurally altered within the city shall be located on a platted lot, except that the <;::sity
42 <;::sommission may waive platted lot compliance in accordance with section 28-4 of the County
43 Code and the procedures set forth below.
44 (I) Waiver of Plat A waiver of plat may be approves By the City Commission.
45
46 (I) Review and Notice. Prior to City Commission approval, the application for any
47 subdivision approval shall be reviewed by the Planning Board. The sllbjeet property shall Be
48 posted ten (10) days prior to the Planning Board review of the applieation, and mailes notiee shall
49 Be provides to all property owners within a five hnnsres (500) foot rasins of the snbjeet property.
50 At least ten (10) days prior to the City's Planning Board review of the application for waiver of
51 plat. tentative or final plat. the subject pIQPerty shall be posted by the Planning Department, with
52 a notice ofthe date. time and place of the Planning Board meeting, on the subject property
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fronting all roadways that abut the property, and published. In addition, 10 days prior to the
meeting of the City Commission to consider either a waiver of plat, or tentative or final plat
approved in accordance with Chapter 28and this section, notice of the date, time and place of the
City Commission meeting shall be posted (in the same manner as required above for a Planning
Board review), published, and provided by U.S. Mail to all property owners within a-five hundred
(500) feet fflffitts-ofthe perimeter of the subject property.
(2) City Commission Findings. Prior to approving a waiver-of-plat, tentative or final plat, the
~eity ~eommission shall use the following guidelines:
(a) The building site created by the proposed waiver-of-plat, tentative or final plat, will be
equal to or larger than the majority median ofthe existing building sites and of the same character
as the surrounding area (this shall be demonstrated using copies of the official plat maps for the
subject property and surrounding neighborhood). Surrounding area is defined as all lots within the
same zoning district and within five hundred (500) feet from the perimeter of the subject
property. In addition, the lot frontage and net lot area ofthe building site(s) created shall be not
less than the median of the lot frontage and net lot area of lots within the same zoning district and
within five hundred (500) feet of the perimeter of the subject property and which shall exclude
the applicant's proposed building site(s), to be created. No building site shall be diminished such
that the street frontage and net lot area of the parcel is less than prescribed by the City's land
development regulations, or is actually existing on the same block face as the subject property, if
expressly pennitted by the City Commission as part of the waiver-of-plat, tentative or final plat.
(b) The building site created by the proposed waiver-of-plat, tentative or final plat, will not
result in existing structures becoming nonconforming as they relate to setbacks, lot area, lot width
and depth, ground coverage and other applicable regulations of these land development
regulations and/or City's Code of Ordinances.
( c) The building site created by the proposed waiver-of-plat, tentative or final plat, will bc
free of encroachmcnts from abutting buildable sites.
(d) The building site created by the proposed waiver-of-plat, tentative or final plat, is free of
any declarations of restrictive covenants, unity of title, easements, or the like which would
prevent the separation of the site.
(eD Thc scale of any proposed new construction shall be compatible with the as-built character
of the surrounding area, and shall not create adverse impacts on the surrounding area.
(3) Additional Conditions. The e~ity e~ommission shall may-dcsignate such additional
conditions in connection with a waiver-of-plat, tentative or final plat, as will, in its opinion;
assure that such waiver-of-plat, tentativc or final plat, will conform to the foregoing requirements
in this section.
(a) Additional conditions shall ensure the rctcntion of specimen trees and fifty (50) percent of
existing protected tree canopy (as provided for in the City's tree protection ordinance) on the
subject property for a period of time to be determined by the City Commission in its sole
discretion.
(b) Miami-Dade County waivers of minimum septic tank standards shall not be granted by the
~
(c) In their review and recommendations, the Planning Department and Planning Board may
recommend, and the City Commission may prescribe, conditions or safeguards restricting the
square footage, orientation and location ofthe new structures to be built on the resulting lots, and
for existing single family homes that qualify for designation under the criteria for historic
preservation in the Land Development Code a referral to the Historic Preservation Board for
consideration. All such conditions and safeguards shall be consistent with the purpose and intent
of the City's Land Development Code and Comprehensive Plan.
('}4) Additional Application Requirements. As part of the required tentative or final plat or
waiver-of-plat application, applicants shall be required to submit a proposed conceptual site plan
for the reslIlting lmilsing Jlarsels, an e,listing tree sllr'iey (may be inslllses in JlroJlerty sllr'iey)
whish shall insisate an)' JlroJloses tree removal or relosation Hesessary, aHs, if so, the aJlJlFOJlriate
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1 eit)' applieation for tree removal or reloeation drawn to scale, and indicating the following
2 information for the entire subject property'to be subdivided:
3 a. Building footprints,
4 b.Setbacks, yard requirements and easements. Future construction may deviate from the building
5 footprints shown on the conceptual plan, as long as the setbacks and yard requirements are in
6 accord with the Code existing at the time of such future construction.
7 c. A certified tree survey overlaid directly upon the site plan, and indicating the location,
8 referenced to structures, of all trees meeting the dimensions set forth in Section 20-4.5. The
9 survey shall distinguish the existing trees proposed to be destroyed, relocated, replaced, preserved
10 at their present location, or introduced into the development from an off-site source. All trees
11 shall be identified by variety, trunk circumference and height. Once an application for a waiver
12 of plat or tentative plat is filed, a moratorium is placed on tree removal until after final waiver-of-
13 plat or final plat approval is issued.
14 d. No final certificate of occupancy shall be issued nor electrical power cut-in authorization
15 given until the relocation or replacement of trees, as required by the tree removal permit has been
16 completed, and the final tree inspection approval by the City. Trees relocated from one portion of
17 the site to another, which do not survive transplantation, shall be replaced with a suitable
18 replacement tree, as determined by City staff.
19 e. No variances shall be allowed on subdivided lots, regardless of whether such lots are created
20 by waiver-of-plat or replat.
21
22 (C) Improvements Required.
23 (I) Sidewalks, curbs, gutters, drainage and paving shall be installed by the developer in
24 accordance with Chapter 28 of the County Code and other applicable city requirements, unless
25 such can be and are waived or deferred by the city commission.
26 (2) No building shall be erected, improved, modified, altered or enlarged in any zoning use
27 district, other than in an RS residential district, unless proper public improvements have been
28 installed.
29 (D) Crealien &jAutheri£cd Suilding Sites.
30 (I) }!o bllilding permit for tile eonstrlletion of any stmetllfe witHin tHe eity SHall be isslled
31 llntil an alltHorized bllilding site Has been ereated whieH meets at least one (I) of tHe following
32 eriteria:
33 (a) Is part ofa reeorded sllbdivision plat;
34 (B) Is part of an offieially approved planned unit development wHieH:
35 i. Provides for all utility and drainage easements, alleys, streets and otHer pllblie
36 improvements neeessary to meet tHe normal re~llirements for "Iaaing, and
37 ii. Inellldes tHe designation ofBllilding areas and easements, alleys and streets re~llired and
38 properly dedieated, and neeessary pllblie improvements; or
39 (e) Fronts llpon a dedieated pllBlie street and was separately owned prior to the effoeti"e date
40 of tHis Code or annellation to tile eity;
41 (2) Vihere"er there ellists a single family dwelling llnit wHieH was eonstmeted on a Bllilding
42 site eontaining two (2) or more platted lots, tHe noneollforming lot ofreeord provisions in tHis
43 Code SHall apply.
44 (3) EstabliSHed Bllilding sites SHall not Be reslleed ill allY manner to a size 'Nilieh is less than
45 that re~llired for tHe zoning sistriet in wilieh loeated.
46
47 Section 2, Codification. The provisions of this ordinance shall become and be made part of the
48 Land Development Code of the City of South Miami as amended; that the sections of this ordinance may
49 be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed
50 to "section" or other appropriate word.
51
52 Section 3, Severability, If any section, clause, sentence, or phrase of this ordinance is for any
53 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
54 the validity of the remaining portions of this ordinance.
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Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and
parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of
ATTEST:
CITY CLERK
1" Reading
2,d Reading
3'd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page 4 of 4
___ ,2016.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Harris:
1
2 ORDINANCE NO. _____ _
3
4 An Urilinance amending Section 20-4.2 of the City of South Miami's Land
5 Development Code to add criteria for the City's approval of tbe subdivision of land,
6 including subdivision by a waiver of plat or tbrougb tbe process set fortb in Cbapter
7 28 ofthe Miami-Dade County Code.
8
9 WHEREAS, Section 20-4.2 of the City's Land Development Code provides for the process of
10 subdividing parcels of land in the City of South Miami; and
11
12 WHEREAS, Section 20-4.2 defers to the Miami-Dade County platting process of Chapter 28 of
13 the Miami-Dade County Code of Ordinances; and
14
15 WHEREAS, Miami-Dade County platting ordinance requires that a tentative plat must be
16 approved by the City of South Miami before it can obtain final County plat approval; and
17
18 WHEREAS, Section 20-4.2 does not provide any 6riteria icr iter ia for the approval of a plat that
19 has been tentatively approved by the Miami-Dade County platting division; and
20
21 WHEREAS, this proposed amendment to section 20-4.2 will have been presented to the
22 Planning Board before second reading of this ordinance and the board's recommendation will be attached
23 as backup for second reading; and
24
25 WHEREAS, the Mayor and City Commissioners of the City of South Miami desire to enact
26 criterial for the approval of a plat that has been tentatively approved by the Miami-Dade County platting
27 division.
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
30 OF THE CITY OF SOUTH MIAMI, FLORIDA:
31
32 Section 1. Section 20-4.2, "Land subdivision regulations," is hereby amended to read as follows:
33 Section 20-4.2 Land subdivision regulations.
34
35 (A) Applicable Regulations. The subdivision of all land within the city shall be subject to
36 Chapter 28 of the Miami-Dade County Code of Ordinances and administered by the Miami-Dade
37 County Department of Public Works. However. waivers of plat. tentative plats. and final plats
38 must also be approved by the City Commission and meet the requirements of Subsections (8) and
39 (B) (I). (2). (3). and (4) of this Section as set forth below.
40 (B) Platted Lot Compliance. Every building or structure hereafter erected, moved or
41 structurally altered within the city shall be located on a platted lot, except that the ~eity
42 ~eommission may waive platted lot compliance in accordance with section 28-4 of the County
43 Code and the procedures set forth below.
44 (I) Wai",er ef Pial A wai"er ef Illal m~'be allllre"eaby Iha Cit)' Cemmissien.
45
46 (I) Review and Notice. Prior to City Commission approval, the application for any
47 subdivision approval shall be reviewed by the Planning Board. The suBjecI Ilrellerty shall be
48 lleSlea len (W) a~'s Ilrier Ie Iha Planning Beara ra",iaw eflhe Blllllicalien, ana mailea neliee shBII
49 Be Ilre"iaea Ie all Ilr91lerty ewners '",ilhin a fh 'a hunarea (5()()) feel raaius eflhe j3 erimeteHJf.
Rsvise<i-&er~
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the sHbjeet propeR]'. At least ten (10) days prior to the City's Planning Board review of the
application for waiver of plat. tentative or final plat, the subject property shall be posted by the
Planning Department, with a notice of the date, time and place of the Planning Board meeting, on
the subject property fronting all roadways that abut the property, and published. In addition, 10
days prior to the meeting of the City Commission to consider either a waiver of plat. or tentative
or final plat approved in accordance with Chapter 28and this section, notice of the date, time and
place of the City Commission meeting shall be posted (in the same manner as required above for
a Planning Board review), published, and provided by U.S. Mail to all property owners within a-
five hundred (500) feet radius of the perimeter of the subject property.
(2) City Commission Findings. Prior to approving a waiver-:of-:plat, tentative or final plat,
the l::eity l::eommission shall use the following guidelines:
(a) The building site created by the proposed waiver-of-plat, tentative or final plat. -will be
equal to or larger than the majori~' averagemedian of the existing building sites and of the same
character as the surrounding area (this shall be demonstrated using copies of the official plat maps
for the subject property and surrounding neighborhood). Surrounding area is defined as all lots
within the same zoning district and within a radius of five hundred (500) feet from the perimeter
of the subject property. In addition, the lot frontage and net lot area of the building site(s) created
shall be not less than the averagemed ian of the lot frontage and net lot area of lots within the
same zoning district and within a-five hundred (500) foot radiusfeet of the perimeter of the
subject property and which shall exclude the applicant's proposed building site(s), to be created.
No building site shall be diminished such that the street frontage and net lot area of the parcel is
less than prescribed by the City's land development regulations , or is actua ll y existing on the
sa me b lock face as the sub ject property, if expressly permitted by the City Commission as part of
the waiver-of-p lat. tentative or final plat.
(b) The building site created by the proposed waiver-of-plat, tentative or final plat. will not
result in existing structures becoming nonconforming as they relate to setbacks , lot area, lot width
and depth, ground coverage and other appl icable regulations of these land development
regulations and/or City's Code of Ordinances. The voluntary demolition ofa strueture whieh
e liminates any of the eonditions identified in this eriterion shall not eonstitute or result in
eomplianee with this eriterion UHless the demolition or removal oeeurred more than four
(4) years arior to the applieation for a waiver of plat.
(c) The building site created by the proposed waiver-of-plat, tentative or final plat, will be
free of encroachments from abutting buildable sites.
(d) The building site created by the proposed waiver-of-plat, tentative or final plat, is free of
any declarations of restrictive covenants, unity oftitle, easements, or the like which would
prevent the separation of the site.
(e) The proposed building site maintains and preserves open spaee as required by the
_£able LOon ing distriet, promotes neighborhood eompatibility, preserves hi storie
eharaeter, and eHhanees visual attraetiveness of the area.
Ef(e ) The scale of any proposed new construction shall be compatible with the as-built character
of the surrounding area, and shall not create adverse impacts on the surrounding area .
(3) Additional Conditions. The el::ity el::ommission shall rnay-designate such additional
conditions in connection with a waiver-of-plat. tentative or final plat, as will, in its opinion ,,;
assure that such waiver-of-plat, tentative or final plat. will conform to the foregoing requirements
in this section.
(a) Additional conditions shall ensure the retention of specimen trees and eanop)' on sub jeet
property and shall ensure adherenee to minimum wning code standardsfifty (50) percent of
ex ist in g protected tree ca nopy (as provided for in the C ity's tree protection o rdinan ce) on the
Re"i se d Sept. 2 0 20 15
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s ubj ec t pro pe rty for a pe ri od o f tim e t o be d ete rmin ed by th e C ity Co mmi ss ion in its so le
di sc re t ion .
Ib) Miami-Dade County waivers of minimum septic tank standards shall not be granted by the
Q!L
Ic) In their review and recommendations, the Planning Department and Planning Board may
recommend, and the City Commission may prescribe, conditions or safeguards restricting the
overall s izesguare foota ge , orientation and location of the new structures to be built on the
resulting lots, and r e quire p r eser v ati o n o ffor existing single family homes that qualify for
designation under the criteria for historic preservation in the Land Development Code, a r e ferra l
to th e Hi storic Preserv ation B oard fo r co ns id e rati o n . All such conditions and safeguards shall be
consistent with the purpose and intent of the City's Land Development Code and Comprehensive
Plan.
I~) Additional Application Requirements. As part of the required tentative or final plat or
waiver-of-plat application , applicants shall be required to submit a proposed s it e p lanco nce ptu a l
s it e p la n H3F Ih e Fes HltiR g Imil s iR Il; paF ee ls, SR ex is liR g IF ee sHFv ey (m ay b e iR e lH ses iR prepeFe'
sH",'ey) whi eh s ha ll iRsi eale BRy prepsses IFee Femsyal SF Fe lseali e R Reeessary, a Rs , ifss , t he-
IWIllifflF ia le a il')' a pp li eslis R H3F IFee Fe m evsl eF Fe lsesti s R drawn to scale, and indicating the
following information for the entire subject property to be subdivided:
a . Loeati o n , s hap e and spati a l arrangement of a ll ellisting and prop0se6-9uil d ings, 'Nall s,
improvem e nts and s true tures.
a. Bui ldin g fo otpri nts,
b. Loeati on, shape and spatia l arrangem e nt of all parking are a£-ftfl d-aeeess roailir.
e . El(is ting and pro pose d utility serviees.
d. Ellislin g and pro p ose d e l evati ons .
&.-Setbacks, yard requirements and easements. e uture co n stru cti on m ay dev iate fro m th e
.bui ldin g foot prints s hown on th e co n ce pt ual pla n, as lon g as the se tb ac ks a nd ya rd req uire me nts
a re in acco rd with th e Co d e ex istin g at th e tim e of s uc h futur e co ns tructi on.
f. Ellist i ng and proposed w e lls.
g . A ll s ink h o l es, so lutio n h o les, roek o u teropp in gs and hi storieal s ites .
h c , A certified tree survey overlaid directly upon the site plan, and indicating the location,
referenced to structures, of all trees meeting the dimensions set forth in Section 20-4.5. The
survey shall distinguish the existing trees proposed to be destroyed, relocated, replaced, preserved
at their present location, or introduced into the development from an off-site source. All trees
shall be identified by variety, trunk circumference and height. NeOn ce a n a pp li ca ti o n fo r a
wa iver o f p lat o r tentat ive plat is fi le d , a mo ra torium is pla ced o n tree removal permit
appl-iootion s shall b e s ubmitted t o the C ity an4-no t r ee removal p ermits s h a ll be issu eEl-by-
the C i t y , until after final wai ve r-o r-p la t o r fina l plat approval, is iss ued .
id . No final certificate of occupancy shall be issued nor electrical power cut-in authorization
given until the relocation or replacement of trees, as required by the tree removal permit has been
completed, and the final tree inspection approval by the City. Trees relocated from one portion of
the site to another, which do not survive transplantation, shall be replaced with a suitable
replacement tree, as determined by City staff.
e. No va ri a nces s ha ll be a ll owed o n s ubdi v ide d lots, r ega rdl ess o f w he th er s uc h lots are created
by wa ive r-o f-pl at o r re pl a t.
(C) Improvements Required.
(I) Sidewalks, curbs, gutters , drainage and paving shall be installed by the developer in
accordance with Chapter 28 of the County Code and other applicable city requirements, unless
such can be and are waived or deferred by the city commission.
RtWi~ed-,';;el'l. 20 20 15
Page 3 of 4
I (2) No building shall be erected , improved, modified, altered or enlarged in any zoning use
2 district, other than in an RS residential district, unless proper public improvements have been
3 installed.
4 . (D) Creal;"" f!lAllth"F;~ed BII;I<ii"g Sites.
5 (I) 1>1e aHilaing ~ermil fer Ihe eeAstrHelieA efaAY strHelHre withiA Ihe eity shall ae issHea
6 HAlil aA aHtheri2ea aHilaiAg sile has aeeA erealea whieh meels alleast ene (I) efthe fellewiAg
7 erileria:
8 (a) Is ~art efa reeeraea sHaah'isien ~Ial;
9 (e) Is ~art efaA effieiall), a~~reyea ~laAAea HAil ae\'ele~meAI wRieR:
10 i. Pre"iaes fer all Hlilil)' aAa araiAage easemeAls, alle)'s , slreets aAa elher ~Halie
II im~re·.'emenls Aeeessary Ie meet the Aermal reEjHiremeAls fer ~lattiAg, aAa
12 ii. InelHaes Ihe aesigAalieA ef aHilaiAg areas ana easemeAls, alleys aAa slreels reEjHirea aAa
13 ~re~erl)' aeaiealea, aAa neeessary ~Halie im~re'.'emeAls; er
14 (e) FreAls H~eA a aeaiealea ~Halie streel aAa was se~arale l)' ewnea ~rier Ie Ihe effeeli\'e aale
IS ef Ihis Ceae er aAAe),atieA Ie the eil)';
16 (2) WRereyer there e)(isls a siAgle fumily awelliAg HAil wRieR 'o\'as eenstFHelea eA a aHilaiAg
17 sile eenlaiAing !Yo'e (2) er mere ~Iattealets, Ihe AeneeAfurming lei efreeerEI ~re, .. isiens iA this
18 Ceae shall a~~ly.
19 (3) !lslaalisRea aHilaiAg siles shall Ael ae reaHeea iA aAY maAAer Ie a si2e ';,weR is le ss IRaA
20 Ihal reEjHirea fer Ihe 2eAiAg aistriel in whieh leeatea.
21
22
23 Section 2. Codification. The provisions of this ordinance sha ll become and be made part of th e
24 Land Development Code of the City of South Miami as amended; that the sections of this ordinance may
25 be renumbered or re-Iettered to accomplish such intention; and that the word "ordinance" may be changed
26 to "section" or other appropriate word.
27
28 Section 3, Severability. If any section , clause, sentence, or phrase of this ordinance is for any
29 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
30 the validity of the remaining portions of this ordinance.
31
32 Section 4, Ordinances in Conflict, All ordinances or parts of ordinances and all sections and
33 parts of sections of ordinances in direct conflict herewith are hereby repealed.
34
35 Section 5, Effective Date, This ordinance sha ll become effective upon enactment.
36
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PASSED AND ENACTED this __ day of _____ , 2016.
ATTEST:
CITY CLERK
I" Reading
20d Reading
3'd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
lWises ~e~l. 29 29 15
Page 4 of4
APPROVED:
MAYOR
COMM ISSION VOTE:
Mayor Stoddard:
I
2
3
4
5
6
7
EXECU TI ON T HEREOF
C IT Y A TIO RN EY
I Re¥ised-Seph!()~
V ice Mayo r Harri s:
Co mmi ssio ner Edm ond :
Co mmi ss ioner Li eb ma n:
___ Co mm issio ner We ls h:
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