08-19-08 Cancelled(11
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MAYOR: Horace G. Feliu CITY MANAGER: Ajibola Balogun
VICE MAYOR: Brian D. Beasley CITY ATTORNEY: Luis Figueredo
COMMISSIONER: Randy G. Wiscombe CITY CLERK: Maria M. Menendez
COMMISSIONER: Velma Palmer
COMMISSIONER: jay Beckman
CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: August 19, 2008
Next Regular Meeting date: September 2, 2008
6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340; Time: 7:30 PM
City of South Miami Ordinance No. 08 -06 -1876 requires all
lobbyists before engaging in any lobbying activities to register with
the City Clerk and pay an annual fee of $125.00. This applies to all
persons who are retained (whether paid or not) to represent a
business entity or organization to influence "City" action. "City"
action is broadly described to include the ranking and selection of
professional consultants, and virtually all- legislative, quasi - judicial
and administrative action.
CALL TO ORDER:
A. Roll Call:
B. Invocation:
C. Pledge of Allegiance:
D. Lobbyists addressing the City Commission tonight must have
been registered with the City Clerk as indicated above.
E. Presentation(s) 7:00 p.m.
1. Presentation of Ceremonial Checks.
2. Presentation of historic marker plaque to Mr.Ian Murgatroyd,
property owner of designated historic single family home at
5730 SW 49th Street.
3. Presentation of historic marker plaque to Mr. Harvey Amster
property owner of three historic designated commercial
buildings (Amster Properties / Dorn Buildings) at 5900 -04
Sunset Drive.
REGULAR CITY COMMISSION 1
AGENDA — August 19, 2008
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes
a) Minutes of July 22, 2008
b) Minutes of July 29, 2008
2. City Manager's Report
a) Vendors Over $5,000
b) Update on drainage issue along SW 62 Street just west of SW
62nd Avenue.
3. City Attorney's Report
UNFINISHED BUSINESS
ORDINANCE (S) THIRD READING PUBLIC HEARING (S)
4. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO REQUEST TO AMEND
LAND DEVELOPMENT CODE SECTION 20- 3.3(E) ENTITLED "OUTDOOR
SEATING /DINING FOR ALL COMMERCIAL PROPERTIES, EXCEPT FOR
PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING DISTRICT." -
IN ORDER TO AMEND THE REQUIREMENTS AND STANDARDS
APPLICABLE TO OUTDOOR SEATING FOR RESTAURANTS; DELETING
REPETITIVE SECTION 20 -7.29 ENTITLED "OUTDOOR
SEATING /DINING USES AND AREAS"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE. 3/5
(Approved on 2 °d reading 7129108)
(City Manager)
RESOLUTION (S)
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA REPEALING RESOLUTION NO. 105 -08-
12702 WHICH CONTINUED UNTIL OCTOBER 1, 2008 A THREE MONTH
MORATORIUM ON APPROVALS OF OUTDOOR RESTAURANT SEATING
/DINING PERMITS; PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION REPEALING RESOLUTION NO. 105 -08 -12702 WHICH CONTINUED UNTIL
OCT 1, 2008 A THREE MONTH MORATORIUM ON APPROVALS OF OUTDOOR RESTAURANT
SEATING /DINING PERMITS)
(City Manager)
REGULAR CITY COMMISSION 2
AGENDA - August 19, 2008
ORDINANCE (S) THIRD READING PUBLIC HEARING (S)
6. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND
DEVELOPMENT CODE SECTION 20 -4.4 (A) ENTITLED "OFF- STREET
PARKING REQUIREMENTS" IN ORDER TO MODIFY THE PROVISIONS
ALLOWING FOR ADJACENT ON-STREET PARKING SPACES TO BE
COUNTED AS REQUIRED PARKING; MODIFYING THE GVi�rrVNS
REMOVING THE PROVISIONS ALLOWING FOR ON- STREET PARKING
SPACES TO BE CREDITED TO OTHER NEARBY PROPERTIES; AND
PROVIDING FOR AN ANNUAL FEE TO BE ASSESSED FOR COUNTING
ON- STREET SPACES AS REQUIRED SPACES; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(Approved on 2°° reading 7129108)
(Mayor Feliu)
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
7. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
RELATING TO RESIDENTIAL PARKING; AMENDING THE SOUTH
MIAMI CODE OF ORDINANCES BY AMENDING SECTION 15 -99,
ENTITLED CONTROLLED PARKING RESIDENTIAL ZONES; TO
DESIGNATE THREE ADDITIONAL CONTROLLED PARKING
RESIDENTIAL ZONES; PROVIDING FOR SEVERABILITY;
ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5
(Deferred 7129108)
(City Manager)
8. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S
CODE OF ORDINANCES CHAPTER 2, ARTICLE I, SECTION 2
-2.1
(B) AND (M)(1)(k), IN ORDER TO BE CONSISTENT WITH
THE
CITY'S CHARTER ARTICLE II, SECTIONS 5 B, AND 6 B(3);
AND
EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND
AN EFFECTIVE DATE.
3/5
(Commissioner Beckman)
9. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING
THE
CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE
II,
SECTIONS 2 -6, 2 -7.1, 2- 10(d), AND 2 -15, IN ORDER
TO
BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH
THE
CITY'S CHARTER ARTICLE III, SECTION 1; AND EDITING
THE
ORDINANCE TO CORRECT SCRIVENERS ERRORS; PROVIDING
FOR
REGULAR CITY COMMISSION 3
AGENDA - August 19, 2008
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE. 3/5
(Commissioner Beckman)
10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE
CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE III "BOARDS
AND COMMISSIONS," SECTIONS 2 -21, 2 -22, AND 2 -23, IN
ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT
WITH THE CITY'S CHARTER ARTICLE II, SECTION 8 C; AND
EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
AN EFFECTIVE DATE. 3/5
(Commissioner Beckman)
11. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE
CITY'S CODE OF ORDINANCES CHAPTER 9, "ELECTIONS,"
SECTIONS 9 -1, 9 -1.1., 9 -2, 9 -3, 9 -6, 9 -7, 9 -8, AND 9 -10,
IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE
CONSISTENT WITH THE CITY'S CHARTER ARTICLE V. AND WITH
FLORIDA STATUTES CHAPTER 101; AND EDITING THE ORDINANCE
TO CORRECT SCRIVENERS ERRORS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE. 3/5
(Commissioner Beckman)
ORDINANCE (S) FIRST READING
12. AN'ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE
OF THE CITY OF SOUTH MIAMI, FLORIDA TO REMOVE SECTIONS
20 -4.5 (H) , (I) , (J) , (K) , (L) , (M) AND (N) FROM ARTICLE
IV, SECTION 20 -4.5 ENTITLED LANDSCAPING REQUIREMENTS IN
ORDER TO PROVIDE FOR A NEW SECTION 20 -4.12 ENTITLED TREE
PROTECTION; CONTAINING INTENT, DEFINITIONS AND
APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT
APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR
REMOVAL; PROVIDING FOR TREE MITIGATION AND PROTECTION,
APPEALS, ENFORCEMENT, PENALTIES AND REt4EDIES; PROVIDING FOR
A REPEAL PROVISION AND A SEVERABILITY CLAUSE; ORDINANCES IN
CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE.
(Commissioner Wiscombe)
(END OF UNFINISHED BUSINESS)
REGULAR CITY COMMISSION 4
AGENDA — August 19, 2008
PUBLIC REMARKS
(5 minutes)
CONSENT
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH M. VILA &
ASSOCIATES, INC. FOR CONSTRUCTION OF SUNSET DRIVE
IMPROVEMENTS - PHASE II IN AN AMOUNT OF $523,826.15 TO
BE CHARGED TO FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (FDEP) GRANT ACCOUNT NUMBER 106- 1726 -536-
6301; STORMWATER TRUST FUND ACCOUNT NUMBER 111- 1730 -541-
3450; THE PEOPLE'S TRANSPORTATION FUND ACCOUNT NUMBER
124 - 1730541 -3450; AND THE LOCAL OPTION GAS ACCOUNT
NUMBER 112 - 1730 - 541 -3450; PROVIDING FOR AN EFFECTIVE
DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
VILA & ASSOC FOR SUNSET DR IMPROVEMENTS -PH II CONSTRUCTION IN AN AMT OF
$523,826.15 TO BE CHARGED TO THE (FDEP) GRANT, STORMWATER TRUST FUND; THE
PEOPLE'S TRANSPORTATION FUND; & THE LOCAL OPTION GAS ACCTS, ALL W /CURRENT
BAL$300,000;$72,957; $80,000; & $76,822 RESPECTIVELY)
(City Manager)
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ISSUE A WORK ORDER TO CORZO CASTELLA CARBALLO THOMPSON
SALMAN, P.A. (C3TS) FOR CONSTRUCTION PHASE SERVICES FOR
SUNSET DRIVE IMPROVEMENTS -PHASE II IN AN AMOUNT OF
$23,740 TO BE CHARGED TO FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) GRANT ACCOUNT NUMBER 106-
1726 - 536 -3451; PROVIDING FOR AN EFFECTIVE DATE 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A WORK ORDER TO (C3TS)
FOR CONSTRUCTION PHASE SERVICES FOR SUNSET DR IMPROVEMENTS PH II IN AN AMT
OF $23,740 TO BE CHARGED TO STORM WATER TRUST FUND ACCT W /CURRENT
BAL$25,000)
(City Manager)
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE A PURCHASE ORDER WITH J PROSSER ENTERPRISES, INC.
FOR THE PURCHASE OF A TRAILER MOUNTED STEAM'CLEANER IN AN
AMOUNT OF $8,150.00 TO BE CHARGED TO OPERATING EQUIPMENT
ACCOUNT NUMBER 001 - 1750 - 519 -6430; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER WITH
J PROSSER ENTERPRISES FOR THE PURCHASE OF A TRAILER MOUNTED STEAM CLEANER IN
REGULAR CITY COMMISSION 5
AGENDA - August 19, 2008
AN AMT OF $8,150 TO BE CHARGED TO THE OPERATING EQUIPMENT ACCT W /CURRENT
BAL$8, 605)
(City Manager)
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE THE SUM OF $6,805.00 TO AUTOMATED BUSINESS
MACHINES FOR THE PURCHASE OF AN MBM TRIUMPH AUTOMATIC
PAPER CUTTER MODEL 4810, AND CHARGING THE DISBURSEMENT TO
ACCOUNT 001- 1320 -513 -64.30 (OPERATING EQUIPMENT) ; AND
PROVIDING FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $6,805 TO
AUTOMATED BUSINESS MACHINES FOR THE PURCHASE OF AN MBM TRIUMPH AUTOMATIC
PAPER CUTTER MODEL 4810, AND CHARGING THE DISBURSEMENT TO THE OPERATING
EQUIPMENT ACCT W /CURRENT BAL$6,805)
(City Manager)
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO THE CO- DESIGNATION
OF S.W. 59TH FROM S.W. 8OTH STREET TO S.W. 72"D STREET AS
"AMERICAN LEGION WAY ". AND AUTHORIZING THE CITY MANAGER
TO SUBMIT THIS RESOLUTION TO MIAMI -DADE COUNTY AND TO
TAKE ALL OTHER RELEVANT ACTIONS; PROVIDING FOR AN
EFFECTIVE DATE. 3/5
(A RESOLUTION RELATING TO THE CO- DESIGNATION OF SW 59TH FROM SW BOTH ST TO SW
72' ST AS "AMERICAN LEGION WAY "; AUTHORIZING THE CITY MANAGER TO SUBMIT THIS
RESOLUTION TO MIAMI -DADE COUNTY)
(Mayor Feliu)
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE THE SUM OF $9,966.00 TO AQUAGENIX FOR THE
PURCHASE AND INSTALLATION OF A FLOATING WATER FOUNTAIN AT
FUCHS PARK, AND CHARGING THE DISBURSEMENT TO ACCOUNT
001- 1750 - 519 -34.50 (CONTRACTUAL SERVICES) ; AND PROVIDING
FOR AN EFFECTIVE DATE. 3/5
(A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $9,966 TO
AQUAGENIX FOR THE PURCHASE AND INSTALLATION OF A FLOATING WATER FOUNTAIN AT
FUCHS PARK, AND CHARGING THE DISBURSEMENT TO THE CONTRACTUAL SERVICE ACCT
W /CURRENT BAL$27,400)
(City Manager)
19. A RESOLUTION OF THE MAYOR AND
CITY COMMISSION
OF THE CITY
OF SOUTH MIAMI, FLORIDA,
RELATING
TO
BOARDS AND
COMMITTEES; APPOINTING BROCK
CHESTER
TO SERVE ON THE
COMMUNITY RELATIONS BOARD FOR A TWO
YEAR
TERM ENDING
AUGUST 18, 2010; PROVIDING AN
EFFECTIVE
DATE.
3/5
(A RESOLUTION APPOINTING BROCK CHESTER
TO SERVE ON
THE CRB
FOR A 2 -YR TERM
ENDING 8/18/10)
(Mayor Feliu)
REGULAR CITY COMMISSION 6
AGENDA - August 19, 2008
20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND
COMMITTEES; APPOINTING DANA M. MOSS; SR. TO SERVE ON THE
BUDGET AND FINANCE COMMITTEE FOR A TERM ENDING SEPTEMBER
30, 2008; AND PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION APPOINTING DANA M. MOSS, SR. TO SERVE ON THE BUDGET /FINANCE
COMMITTEE FOR A TERM ENDING 9130108)
(Mayor Feliu)
RESOLUTION (S) /PUBLIC HEARING (S)
21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF A
CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20-
5.19(E)(3) OF THE LAND DEVELOPMENT CODE TO PERMIT WALL
SIGNAGE ON A DESIGNATED HISTORIC COMMERCIAL BUILDING
LOCATED AT 5712 SUNSET DRIVE (CROSSROADS BUILDING);
PROVIDING AN EFFECTIVE DATE. 3/5
(A RESOLUTION TO PERMIT WALL SIGNAGE ON A DESIGNATED HISTORIC COMMERCIAL
BUILDING LOCATED AT 5712 SUNSET DR)
(City Manager)
ORDINANCE (S) FIRST READING
22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO NOISE, AMENDING
ARTICLE III, SECTION 15 -91, OF THE CODE OF ORDINANCES;
CHANGING THE DATE AND TIME WHEN CONSTRUCTION NOISE IS
PERMITTED, PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
3/5
(City Manager)
23. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND
THE LAND DEVELOPMENT CODE BY AMENDING SECTION 20 -2.3
ENTITLED "DEFINITIONS" IN ORDER TO PROVIDE NEW
DEFINITIONS FOR BAKERY, BOARDING HOUSE, TOURIST DWELLING,
GROUP HOME, AND MODIFYING THE DEFINITIONS OF COMMUNITY
RESIDENTIAL HOME AND FAMILY; AND AMENDING LAND
DEVELOPMENT CODE SECTION 20 -3.3 (D) ENTITLED "PERMITTED
USE SCHEDULE" IN ORDER TO SET FORTH THE ZONING USE
DISTRICTS WHICH WILL PERMIT BOARDING HOUSES, TOURIST
DWELLINGS, AND GROUP HOMES; PROVIDING FOR SEVERABILITY;
REGULAR CITY COMMISSION 7
AGENDA - August 19, 2008
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE. 3/5
(Mayor Feliu)
24. AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE PERMIT
FEE /FEE SCHEDULE ; AMENDING ORDINANCE 32 -01 -1763 AND 15-
04- 1822 AS AMENDED BY ORDINANCES TO, INCREASING SOME
PERMIT FEE, ADDING NEW FEES AND DELETING SOME FEES FROM
THE SCHEDULE; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE. 3/5
(City Manager)
25. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE CODE OF
ORDINANCE; AMENDING SECTION' 2- 2.1(A) ENTITLED "RULES OF
PROCEDURE FOR CITY COMMISSION MEETINGS ", TO ALLOW FOR
MEETING TIME LIMITS; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5
(Commissioners Beckman and Palmer)
THE CITY HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING
EFFICIENT AND ORDERLY COMMISSION MEETINGS. SPEAKERS PLEASE TAKE
NOTICE THAT SECTION 2 -2. 1 (K) (2) OF THE CODE OF ORDINANCES
PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR
SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE
ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER
AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER, UNLESS
PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE
C0M41SSI0N. "
COMMISSION REMARKS
PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS
NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE
INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE
ALLOWED BY LAW.
REGULAR CITY COMMISSION 8
AGENDA - August 19, 2008