Ord. No. 39-08-1974ORDINANCE NO: 39 -08 -1974
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.
WHEREAS, the Mayor and City Commission of the City of South Miami attach
importance to promoting inclusion, and positive community relations by bringing the
total community together for the betterment of the entire City; and
WHEREAS, in its endeavor to encourage more public participation, the
Commission desires to take an ambassadorial approach to preserving the constancy of its
City Commission meetings; and
WHEREAS, it is the aspiration of this commission to impose a meeting time
limitation of 11:00 p.m., for regular City Commission, except upon an affifmative vote of
a super- majority vote (4/5 vote) of the members present at that meeting and such
meeting extension shall not exceed midni
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 2 -2.1 (A) of the Code of Ordinances entitled "Rules of
Procedure of city commission is here by amended as follows "REGULAR MEETING.
The City commission shall hold regular meetings at 7:30 p.m., on the first and third
Tuesdays of each month with the exception of the months of June and July. The City
Commission shall hold regular meetings at 7:30 p.m. on the first and second Tuesdays of
June and the last two (2) Tuesdays of July. When the day set for any regular meeting falls
on a day designated by law as a legal, public, national or religious holiday, such meeting
shall be held on the next succeeding day following such holiday. Regular meetings may
be otherwise postponed, cancelled or reset only by resolution adopted at a regular
meeting of a majority of the entire membership of the commission. All regular meetings
shall be held in the commission chambers, located at city 'hall.
No meeting of the city commission shall extend later that 11:00 p.m., except upon
the affi native vote of super- majorit vote (4/5 vote) of members present at the meeting
and such meeting extensions shall not exceed midnight. Any and all items not considered
by this limitation time period will be deferred to the next regular scheduled commission
meeting.
Additions shown by underlining and deletions shown by ^v°„Ni' ° -o_
P4• 2 Ord. No. 39 -08 -1974
Section 2. If any section, clause, sentence, or phrase ofthis ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are repealed.
Section 4. This ordinance shall take effect immediately upon approved.
PASSED AND ADOPTED this 16t' day of September, 2008.
ATTEST:
CITY CLERK
1 st Reading - 9/2/08
2nd Reading - 9/16/08
READ AND APPROVED AS TO FORM:
TORNEY
COMMISSION VOTE: 5-0
Mayor Feliu:
Yea
Vice Mayor Beasley:
Yea
Commissioner Wiscombe:
Yea
Commissioner Palmer:
Yea
Commissioner Beckman:
Yea
Additions shown by underlining and deletions shown by fV °I'r'ltrikinll
METRO & STATE
0-M
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct
Public Hearings at its regular City Commission meeting scheduled for Tuesday, September 16,
2008 beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider
the following items:,
AN ORDINANCE RELATING Td AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2,
ARTICLE I, SECTION 2- 2.1(8) AND (M)(1)(k), IN ORDER TO BE CONSISTENT WITH THE CITY'S .
CHARTER ARTICLE II, SECTIONS 5 BAND 6 B(3); AND EDITINGTHE ORDINANCETO CORRECr.-
SCRIVENERS ERRORS.
AN ORDINANCE RELATINGTO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2,
ARTICLE 11, 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 111, SECTION 1;
AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS.
AN ORDINANCE RELATINGTO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2,
ARTICLE 111 "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 CITYS CHARTER
ARTICLE 11, SECTION 8 C; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS
ERRORS.
AN ORDINANCE 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.
A ORDINANCE RELATING TO AMENDMENT OF 2007 -2008 FISCAL YEAR BUDGET;
APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO
TRANSFER LINE ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST WITHIN
EACH CITY DEPARTMENT PURSUANT TO ARTICLE IV F(1) OF THE CITY CHARTER FOR
THE BUDGET YEAR ENDING SEPTEMBER 30, 2008, AND TO INCREASE THE CURRENT
YEAR BUDGET FOR DEBT SERVICE AND CAPITAL IMPROVEMENTS.(GARAGE LOAN) NOT
INCLUDED IN THE FINALADOPTED BUDGET, BUT INCURRED IN THE CURRENT YEAR; AND
AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS ARE NECESSARY.
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH
MIAMI, FLORIDA TO REMOVE SECTIONS 20 -4.5 (H), (1), Q. (K), (L), (M) AND (N) FROM
ARTICLE IV, SECTION 20 -4.5 ENTITLED LANDSCAPING REQUIREMENTS IN ORDER TO
PROVIDE FORA 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 REMEDIES; PROVIDING
FORA REPEAL PROVISIONANDA SEVERABIUTY CLAUSE.
AN ORDINANCE RELATING TO NOISE, AMENDING ARTICLE III, SECTION 15 -91, OF THE
CODE of ORDINANCES; CHANGING THE DATE AND TIME WHEN CONSTRUCTION NOISE
IS PERMITTED.
AN ORDINANCE RELATING TO TOE 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.
AN ORDINANCE 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.
A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(6)(19) OFTHE
LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL FOR A SMALL RESTAURANT
To BE LOCATED AT 5800 SW 73" STREET WITHIN THE "SR (HO -OV)" SPECIALTY
RETAIL (HOMETOWN. DISTRICT OVERLAY) ZONING DISTRICT. ON PROPERTY LEGALLY
DESCRIBED AS LOTS 46 AND 47 LESS THE WEST 60 FEET, W. A. LARKINS SUBDIVISION
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE
PUBLIC RECORDS OF MIAMI -DADE COUNTY.
If you have any inquiries on the above Items please contact the City Clerk's office at:
305- 663 -6340
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CIVIC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that it 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 tf)a., appeal is to be based.
D1 SATURDAY, SEPTEMBER 6, 2008 i 5113;
relating to tiie Social and Economic Development Council
• Ordinance amending Section 10 -33.02 of the Code of Miami -Dade County;
pertaining to the Community Small Business Enterprise (CSBE) program for
the purchase of construction services; providing for enforcement and
penalties for failure to satisfy an approved CSBE make -up plan; amending
Section 8cc of the Code of Miami -Dade County
• Ordinance amending Ordinance No. 07 -129 to transfer eight percent local
business tax revenues to the Beacon Council from the Office of Community
and Economic Development; amending Section 8a -171.2 of the Code of
Miami Dade County, Florida relating to local busifess tax
• Ordinance amending Ordinance No. 07 -129, relating. to the transfer of eight
percent local business tax revenues from Office of Community and Economic
Development to Metro -Miami Action Plan Trust; providing such percentage
shall be allocated by the Beacon Council to, Metro -Miami Action Plan. Trust
-.Resolution approving application of Excel Transportation, Inc. to modify
Certificate of Transportation No. 123 to provide Jitney Service as a passenger
motor carrier
Transit Committee (TC) of Wednesday, September 10.2008. at 2:00 PM
• Ordinance relating to seaport safety; amending Sections 28a -6.4 and 28a -6.6
of the Code of Miami -Dade County; requiring the Port Director to consider a
stevedore applicant's work- related safety record in issuing stevedore licenses
and permits; authorizing the Port Director to suspend or revoke stevedore.
licenses and permits based on the stevedore's work - related safety record;
creating Section 28a -6.7; requiring .stevedore license and permit holders to
report work- related accidents, injuries, deaths and regulatory actions to the
Director
• Ordinance amending Section 30 -388.2 of the Code. of Miami -Dade County;
providing that consistent with state law parking charges maybe imposed on
vehicles displaying a disabled parking permit or license tag at,any County
Airport or Seaport under specified circumstances, but that such charges may
not be imposed for certain vehicles as defined in such state law
Airport and Tourism Committee (ATC) of Thursdayi September 11 2008.
at 9:30 AMt
• Ordinance amending Section 30 -388.2 of the Code of Miami -Dade County;
providing that consistent with state law parking charges may be imposed on
vehicles displaying a disabled parking permit'or license tag at any County
Airport or Seaport under specified circumstances, but that such charges may
not be imposed for certain vehicles as defined in such state law
• Ordinance creating Aircrdit Noise Abatement Advisory Board for Miami
International Airport; providing membership, purpose, procedures, power's
and duties
• Ordinance creating Miami International Airport Neighborhood Relations
Committee; providing purpose, membership, procedure, powers and duties;
staff
Health and Public Safety Committee (HPSC) of Thursday. September 11,
2008, at 2:00 PM
• Ordinance pertaining to animals; creating Section 5 -21 and amending
Section 8cc -10 of the Code of Miami-Dade County; regulating the tethering of
dogs; providing authority for enforcement by civil penalty
All interested - parties may appear and be heard at the time and place specified.
A person who decides to appeal• any decision made by any board, agency, or
commission with respect to any matter considered at its meeting or hearing, will need a
record of proceedings. Such persons may need to ensure that a verbatim record of the
proceedings is made, including the testimony and evidence upon which the appeal is to
be based.
Miami -Dade County provides equal access and equal opportunity and does not
discriminate on the basis of disability in its programs or services. For material in
alternate format, a sign language interpreter or other accommodation, please call 305-
375 -3943.
HARVEY RUVIN, CLERK
KAY SULLIVAN, DEPUTY CLERK