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2008 Ordinance IndexORD. NO. ADOPTION DESCRIPTION 2008 ORDINANCE Page 1 of 18 INDEX 1-08-1936 1/8/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATED TO THE CITY OF SOUTH MIAMI CITY CODE, AMENDING SECTION 2.26.12 ENTITLED “GREEN TASK FORCE,” IN ORDER TO MODIFY THE MEMBERSHIP AND CHAIRPERSON SELECTION PROCESS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe, the motion to approve this item passed by a 5-0 vote. Vice Mayor Wiscombe: Yea; Commissioner Birts: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 2-08-1937 1/8/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER 7 OF THE SOUTH MIAMI CODE OF ORDINANCES BY ADDING SECTION 7-15 “DEMOLITION REQUIREMENT STANDARDS;” PROVIDING SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Vice Mayor Wiscombe) Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu, the motion to approve this item as amended passed by a 5-0 vote. Vice Mayor Wiscombe: Yea; Commissioner Birts: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 3-08-1938 1/8/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING ORDINANCE 31-07-1932 RELATING TO THE YEAR 2008 GENERAL ELECTION OF THE MAYOR AND CITY COMMISSIONERS FOR GROUPS, II AND III; SCHEDULING THE DAYS, PLACE AND TIME OF THE ELECTION; SCHEDULING THE DAYS, PLACE AND TIME OF EARLY VOTING; PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.3/5 (Mayor Feliu) Moved by Vice Mayor Wiscombe, seconded by Commissioner Birts, the motion to approve this item passed by a 5-0 vote. Vice Mayor Wiscombe: Yea; Commissioner Birts: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 4-08-1939 1/22/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A COMMERCIAL BUILDING LOCATED AT 5700 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP-OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (Approved on 1st Reading 11/06/07) 3/5 ORD. NO. ADOPTION DESCRIPTION 2008 ORDINANCE Page 2 of 18 INDEX (Deferred 12/18/07 & 1/08/08) (City Manager) Moved by Vice Mayor Wiscombe, seconded by Commissioner Birts, the motion to approve this item passed by a 5-0 vote. Vice Mayor Wiscombe: Yea; Commissioner Birts: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 5-08-1940 2/05/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERSONNEL RULES AND REGULATIONS; AMENDING CHAPTER 16A, SECTIONS 16A-6 THROUGH SECTION 16A-40; PROVIDING FOR PERSONNEL ORDINANCE AND PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Mayor Feliu, seconded by Commissioner Birts, the motion to approve this item passed by a 5-0 vote. Vice Mayor Wiscombe: Yea; Commissioner Birts: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 6-08-1941 3/4/08 AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE AMENDING FOR A PERIOD OF 30 DAYS REGULATIONS PERTAINING TO BONUSES AND PARKING REDUCTIONS IN THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (TODD) AND IN THE HOMETOWN OVERLAY ZONE IN ORDER TO REQUIRE APPROVAL BY A FOUR/FIFTHS VOTE OF THE CITY COMMISSION AND SUSPENDING CERTAIN OTHER PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, THEREBY ENABLING THE CITY’S PLANNING BOARD TO MAKE FINAL RECOMMENDATIONS AND THE CITY COMMISSION TO ADOPT A PROPOSED ORDINANCE MAKING PERMANENT THE SUSPENDED AND MODIFIED PROVISIONS SET FORTH IN THIS ORDINANCE; PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 4/5 (Commissioner Beckman) Moved by Commissioner Wiscombe, seconded by Commissioner Beckman, the motion to approve this item passed by a 4-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Absent; Commissioner Beckman: Yea; Mayor Feliu: Yea. 7-08-1942 3/4/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FINANCE; AUTHORIZING A TERM LOAN; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF A PROMISSORY NOTE AND A LOAN AGREEMENT WITH BANK OF AMERICA, N.A.; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 4/5 (Acting City Manager) Moved by Commissioner Wiscombe, seconded by Commissioner Beckman, the motion to approve this item passed by a 4-0 vote. Vice Mayor Beasley: Yea; Commissioner ORD. NO. ADOPTION DESCRIPTION 2008 ORDINANCE Page 3 of 18 INDEX Wiscombe: Yea; Commissioner Palmer: Absent; Commissioner Beckman: Yea; Mayor Feliu: Yea. 8-08-1943 3/18/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 5730 SW 49th STREET AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP-OV) OVER THE EXISTING ZONING USE DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Acting City Manager) Moved by Mayor Feliu, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 9-08-1944 3/18/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PENSION ORDINANCE; AMENDING CHAPTER 16, ARTICLE (II), SECTION 16-13 (B); PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 3/5 (Acting City Manager) Moved by Mayor Feliu, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 10-08-1945 3/18/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20-5.11(L) ENTITLED “EXPIRATION” IN ORDER TO EXTEND THE TIME PERIOD AFTER WHICH THE FINAL APPROVAL OF THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD SHALL LAPSE AFTER SIX (6) MONTHS IF NO PERMIT HAS BEEN APPLIED FOR; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Acting City Manager) Moved by Commissioner Palmer, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 11-08-1946 3/18/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20-5.9 ENTITLED “VARIANCE APPROVALS” IN ORDER TO MODIFY THE CONDITIONS AND TIME PERIOD AFTER WHICH AN APPROVED VARIANCE SHALL LAPSE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Commissioner Beckman) ORD. NO. ADOPTION DESCRIPTION 2008 ORDINANCE Page 4 of 18 INDEX Moved by Commissioner Palmer, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 12-08-1947 3/18/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20- 3.3(D) ENTITLED “PERMITTED USE SCHEDULE” AND SECTION 20- 7.12 ENTITLED “PERMITTED USES” IN ORDER TO ALLOW ACUPUNCTURIST AS A PERMITTED USE IN THE “SR(HD- OV)”, SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (Acting City Manager) 3/5 Moved by Mayor Feliu, seconded by Commissioner Palmer, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 13-08-1948 4/01/08 AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE AMENDING FOR A PERIOD OF 30 DAYS REGULATIONS PERTAINING TO BONUSES AND PARKING REDUCTIONS IN THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (TODD) AND IN THE HOMETOWN OVERLAY ZONE IN ORDER TO REQUIRE APPROVAL BY A FOUR/FIFTHS VOTE OF THE CITY COMMISSION AND SUSPENDING CERTAIN OTHER PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, THEREBY ENABLING THE CITY’S PLANNING BOARD TO MAKE FINAL RECOMMENDATIONS AND THE CITY COMMISSION TO ADOPT A PROPOSED ORDINANCE MAKING PERMANENT THE SUSPENDED AND MODIFIED PROVISIONS SET FORTH IN THIS ORDINANCE; PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 4/5 (Commissioner Beckman) Moved by Mayor Feliu, seconded by Commissioner Palmer, the motion to approve this item passed by a 4-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Absent; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 14-08-1949 4/22/08 AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE AMENDING FOR A PERIOD OF 30 DAYS REGULATIONS PERTAINING TO BONUSES AND PARKING REDUCTIONS IN THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (TODD) AND IN THE HOMETOWN OVERLAY ZONE IN ORDER TO REQUIRE APPROVAL BY A FOUR/FIFTHS VOTE OF THE CITY COMMISSION AND SUSPENDING CERTAIN OTHER ORD. NO. ADOPTION DESCRIPTION 2008 ORDINANCE Page 5 of 18 INDEX PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, THEREBY ENABLING THE CITY’S PLANNING BOARD TO MAKE FINAL RECOMMENDATIONS AND THE CITY COMMISSION TO ADOPT A PROPOSED ORDINANCE MAKING PERMANENT THE SUSPENDED AND MODIFIED PROVISIONS SET FORTH IN THIS ORDINANCE; PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 4/5 (Commissioner Beckman) Moved by Mayor Feliu, seconded by Vice Mayor Beasley, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 15-08-1950 5/20/08 AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE AMENDING FOR A PERIOD OF 30 DAYS REGULATIONS PERTAINING TO BONUSES AND PARKING REDUCTIONS IN THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (TODD) AND IN THE HOMETOWN OVERLAY ZONE IN ORDER TO REQUIRE APPROVAL BY A FOUR/FIFTHS VOTE OF THE CITY COMMISSION AND SUSPENDING CERTAIN OTHER PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, THEREBY ENABLING THE CITY’S PLANNING BOARD TO MAKE FINAL RECOMMENDATIONS AND THE CITY COMMISSION TO ADOPT A PROPOSED ORDINANCE MAKING PERMANENT THE SUSPENDED AND MODIFIED PROVISIONS SET FORTH IN THIS ORDINANCE; PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 4/5 (Commissioner Beckman) Moved by Mayor Feliu, seconded by Commissioner Beckman, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 16-08-1951 5/20/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN, PROVIDING FOR A RESTATEMENT OF THE PLAN TO CONSOLIDATE THE VARIOUS AMENDMENTS MADE OVER TIME TO THE PLAN AND TO CLARIFY THE PROVISIONS OF THE PLAN; PROVIDING ADMINISTRATIVE AMENDMENTS TO THE PLAN TO COMPLY WITH STATE AND FEDERAL REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 ORD. NO. ADOPTION DESCRIPTION 2008 ORDINANCE Page 6 of 18 INDEX (Mayor Feliu) Moved by Mayor Feliu, seconded by Commissioners Wiscombe and Palmer, the motion to approve this item as amended passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 17-08-1952 5/20/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20-3.3(D) ENTITLED “PERMITTED USE SCHEDULE” IN ORDER TO ALLOW A TEA ROOM FACILITY AS A PERMITTED USE IN THE “GR” GENERAL RETAIL ZONING USE DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5 (City Manager) Moved by Commissioner Palmer, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 18-08-1953 6/3/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER 7 OF THE SOUTH MIAMI CODE OF ORDINANCES BY CREATING SECTION 7-16 “PRE-CONSTRUCTION AND CONSTRUCTION STANDARDS FOR SITES;” REQUIRING CONSTRUCTION SITES TO BE KEPT IN A CLEAN AND ORDERLY CONDITION; REQUIRING THE INSTALLATION OF A CHAIN LINK FENCE PRIOR TO CONSTRUCTION ALONG THE BORDERS OF THE SITE; AND TO PROVIDE DETAILED PROCEDURES FOR OBTAINING FENCE PERMIT PRIOR TO CONSTRUCTION; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE.3/5 (Commissioner Wiscombe) Moved by Commissioner Wiscombe, seconded by Vice Mayor Beasley, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 19-08-1954 6/3/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING CHAPTER 7 OF THE SOUTH MIAMI CODE OF ORDINANCES BY MODIFYING SECTION 7-15.2 “DEMOLITION REQUIREMENT STANDARDS” TO PROVIDE ADDITIONAL CLARITY AS TO PROCEDURES FOR OBTAINING FENCE PERMIT PRIOR TO DEMOLITION AND CONSTRUCTION; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5 (Commissioner Wiscombe) Moved by Commissioner Wiscombe, seconded by Commissioner Palmer, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 20-08-1955 6/3/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20-5.9 ENTITLED "VARIANCE APPROVALS” IN ORDER TO ADD A SUBSECTION (H) PROVIDING CRITERIA FOR ORD. NO. ADOPTION DESCRIPTION 2008 ORDINANCE Page 7 of 18 INDEX REVIEW AND APPROVING VARIANCE APPLICATIONS; AMENDING SECTION 20-6.1(B)(3)(h) IN ORDER TO REMOVE THE EXISTING GUIDELINE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Commissioner Beckman) Moved by Mayor Feliu, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 4-1 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Nay; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 21-08-1956 6/10/08 AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE AMENDING FOR A PERIOD OF 30 DAYS REGULATIONS PERTAINING TO BONUSES AND PARKING REDUCTIONS IN THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (TODD) AND IN THE HOMETOWN OVERLAY ZONE IN ORDER TO REQUIRE APPROVAL BY A FOUR/FIFTHS VOTE OF THE CITY COMMISSION AND SUSPENDING CERTAIN OTHER PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, THEREBY ENABLING THE CITY’S PLANNING BOARD TO MAKE FINAL RECOMMENDATIONS AND THE CITY COMMISSION TO ADOPT A PROPOSED ORDINANCE MAKING PERMANENT THE SUSPENDED AND MODIFIED PROVISIONS SET FORTH IN THIS ORDINANCE; PROVIDING THAT ORDINANCES OR SECTIONS THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 4/5 (Commissioner Beckman) Moved by Commissioner Palmer, seconded by Mayor Feliu, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 22-08-1957 7/22/08 AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ISSUED PURSUANT TO ARTICLE II, SECTION 6(D).2 OF THE CITY CHARTER; RELATING TO THE LAND DEVELOPMENT CODE AMENDING FOR A PERIOD OF 30 DAYS REGULATIONS PERTAINING TO BONUSES AND PARKING REDUCTIONS IN THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (TODD) AND IN THE HOMETOWN OVERLAY ZONE IN ORDER TO REQUIRE APPROVAL BY A FOUR/FIFTHS VOTE OF THE CITY COMMISSION AND SUSPENDING CERTAIN OTHER PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, THEREBY ENABLING THE CITY’S PLANNING BOARD TO MAKE FINAL RECOMMENDATIONS AND THE CITY COMMISSION TO ADOPT A PROPOSED ORDINANCE MAKING PERMANENT THE SUSPENDED AND MODIFIED PROVISIONS SET FORTH IN THIS ORDINANCE; PROVIDING THAT ORDINANCES OR ORD. NO. ADOPTION DESCRIPTION 2008 ORDINANCE Page 8 of 18 INDEX SECTIONS THEREOF IN CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 4/5 (Commissioner Beckman) Moved by Mayor Feliu, seconded by Commissioner Beckman, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 23-08-1958 7/29/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, CREATING SECTION 2-47 ENTITLED “EMERGENCY RESERVES FUND,” OF ARTICLE V OF THE CITY’S CODE OF ORDINANCES, ADOPTING A CASH MANAGEMENT POLICY THAT REQUIRES NO LESS THAN 10% OF THE BUDGET TO BE MAINTAINED AT ALL TIMES BY THE CITY AS EMERGENCY RESERVES FUND TO BE USED SOLELY FOR CATASTROPHES OR OTHER UNSCHEDULED EMERGENCIES; PROVIDING FOR CODIFICATION; AND PROVIDING FOR SEVERABILITY, ORDINANCE IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Commissioner Beckman) Moved by Mayor Feliu, seconded by Vice Mayor Beasley, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 24-08-1959 7/29/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, TO AMEND SECTION 20-3.6(Q) ENTITLED “SCREENING OF EXTERIOR HEATING, VENTILATING, AND AIR CONDITIONING EQUIPMENT” IN ORDER TO SET FORTH STANDARDS FOR CONTROLLING EXCESSIVE NOISE LEVELS ASSOCIATED WITH AIR-CONDITIONING COMPRESSOR EQUIPMENT AND OTHER MECHANICAL EQUIPMENT; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Commissioner Beckman) Moved by Commissioner Palmer, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 4-1 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Nay; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 25-08-1960 7/29/08 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 REMOVING SECTION 20-5.10 ENTITLED "ADMINISTRATIVE WAIVER APPROVALS”; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Commissioner Beckman) Moved by Mayor Feliu, seconded by Commissioner Palmer, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 26-08-1961 7/29/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF ORD. NO. ADOPTION DESCRIPTION 2008 ORDINANCE Page 9 of 18 INDEX THE CITY OF SOUTH MIAMI, FLORIDA AMENDING LAND DEVELOPMENT CODE SECTION 20-5.11(E) ENTITLED “SITE PLAN REVIEW APPROVALS-GENERAL APPLICATION REQUIREMENTS” IN ORDER TO REQUIRE THAT ARCHITECTURAL PLANS FOR ALL NEW CONSTRUCTION MUST BE SIGNED AND SEALED BY A FLORIDA REGISTERED ARCHITECT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Mayor Feliu, seconded by Commissioner Wiscombe, the motion to approve this item as amended passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 27-08-1962 7/29/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A CHARTER AMENDMENT; PRESENTING AN INITIATIVE TO THE ELECTORATE OF THE CITY AT THE NOVEMBER 4, 2008 ELECTION, TO AMEND THE VOTING PROCEDURE TO REQUIRE FIVE AFFIRMATIVE VOTES OF THE CITY COMMISSION TO MAKE LAND USE AND DEVELOPMENT REGULATIONS IN ANY MANNER LESS RESTRICTIVE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Commissioner Beckman) Moved by Commissioner Palmer, seconded by Commissioner Beckman, the motion to approve this item passed by a 3-2 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Nay; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Nay. 28-08-1963 7/29/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A CHARTER AMENDMENT; PRESENTING AN INITIATIVE TO THE ELECTORATE OF THE CITY AT THE NOVEMBER 4, 2008 ELECTION, TO AMEND VOTING PROCEDURE TO REQUIRE FIVE AFFIRMATIVE VOTES OF THE CITY COMMISSION IN ORDER TO ISSUE BONDS OR BORROW MONEY IN EXCESS OF FIVE PERCENT OF THE CITY’S OPERATING BUDGET; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.3/5 (Commissioner Beckman) Moved by Commissioner Palmer, seconded by Commissioner Beckman, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 29-08-1964 8/5/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF THE 2007-2008 BUDGET; APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO INCREASE THE CURRENT 2007-2008 BUDGET, FOR THE INCURRENCE OF PRIOR YEAR EXPENDITURES IN THE CURRENT FISCAL YEAR’S BUDGET, AS SET FORTH IN THE ATTACHED ITEMIZED LIST ARE AMOUNTS COMMITTED AND FUNDED, BUT NOT EXPENDED IN THE FISCAL YEAR ORD. NO. ADOPTION DESCRIPTION 2008 ORDINANCE Page 10 of 18 INDEX 2006-2007, AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS NECESSARY TO ACCOMPLISH THOSE TRANSFERS; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. (Approved on 1st Reading 7/22/08) 3/5 (City Manager) Moved by Commissioner Palmer, seconded by Mayor Feliu, the motion to approve this item as amended passed by a 4-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Absent; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 30-08-1965 8/5/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; REMOVING FROM THE LAND DEVELOPMENT CODE SECTION 20-4.4(G) ENTITLED “JOINT USE SPACES VIA SPECIAL PARKING PERMIT”; REMOVING FROM THE LAND DEVELOPMENT CODE SECTION 20-4.4(H) ENTITLED “METRO-RAIL USAGE CONSIDERATION VIA SPECIAL PARKING PERMIT”; AMENDING SECTION 20-7.6 ENTITLED “PARKING” IN ORDER TO MODIFY REGULATIONS PERTAINING TO BONUSES AND PARKING REDUCTIONS IN THE “SR(HD-OV)” SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; AMENDING SECTION 20-8.10 ENTITLED “BONUS ALLOCATIONS” IN ORDER TO ELIMINATE PARKING REDUCTIONS AND PARKING BONUSES FOR DEVELOPMENT IN THE “TODD” TRANSIT ORIENTED DEVELOPMENT DISTRICT ZONING DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5 (Approved on 3rd reading 7/22/08) (Commissioner Beckman) Moved by Mayor Feliu, seconded by Commissioner Palmer, the motion to approve this item as amended passed by a 3-1 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Absent; Commissioner Palmer: Nay; Commissioner Beckman: Yea; Mayor Feliu: Yea. 31-08-1966 8/27/08 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 CONDITIONS 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 2nd reading 7/29/08) (Mayor Feliu) ORD. NO. ADOPTION DESCRIPTION 2008 ORDINANCE Page 11 of 18 INDEX Moved by Commissioner Wiscombe, seconded by Mayor Feliu, the motion to approve this item as amended passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 32-08-1967 8/27/08 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 7/29/08) (City Manager) Moved by Mayor Feliu, seconded by Vice Mayor Beasley and Commissioner Palmer, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 33-08-1968 9/2/08 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 3RD reading 8/27/08) (City Manager) Moved by Mayor Feliu, seconded by Commissioner Wiscombe, the motion to approve this item as amended passed by a 3-1 vote. Vice Mayor Beasley: Nay; Commissioner Wiscombe: Yea; Commissioner Palmer: Absent; Commissioner Beckman: Yea; Mayor Feliu: Yea. 34-08-1969 9/2/08 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; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu and Vice Mayor Beasley) ORD. NO. ADOPTION DESCRIPTION 2008 ORDINANCE Page 12 of 18 INDEX Moved by Vice Mayor Beasley, seconded by Commissioners Wiscombe and Beckman, the motion to approve this item passed by a 4-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Absent; Commissioner Beckman: Yea; Mayor Feliu: Yea. 35-08-1970 9/16/08 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 (Deferred 7/29/08 & 8/27/08) (Commissioner Beckman) Moved by Mayor Feliu, seconded by Commissioners Wiscombe and Beckman, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 36-08-1971 9/16/08 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 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Deferred 7/29/08 & 8/27/08) (Commissioner Beckman) Moved by Mayor Feliu, seconded by Commissioners Wiscombe and Beckman, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 37-08-1972 9/16/08 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 (Deferred 7/29/08 & 8/27/08) (Commissioner Beckman) Moved by Mayor Feliu, seconded by Commissioners Wiscombe and Beckman, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 38-08-1973 9/16/08 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, ORD. NO. ADOPTION DESCRIPTION 2008 ORDINANCE Page 13 of 18 INDEX “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 (Deferred 7/29/08 & 8/27/08) (Commissioner Beckman) Moved by Mayor Feliu, seconded by Commissioners Wiscombe and Beckman, the motion to approve this item as amended passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 39-08-1974 9/16/08 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) Moved by Mayor Feliu, seconded by Commissioner Palmer, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 40-08-1975 9/16/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, 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 FINAL ADOPTED BUDGET, BUT INCURRED IN THE CURRENT YEAR; AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS ARE NECESSARY; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioners Wiscombe, seconded by Commissioner Palmer, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 41-08-1976 9/16/08 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 ORD. NO. ADOPTION DESCRIPTION 2008 ORDINANCE Page 14 of 18 INDEX (City Manager) Moved by Mayor Feliu, seconded by Commissioners Wiscombe, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 42-08-1977 9/23/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, LEVYING THE MILLAGE OF 5.2790 WHICH EXCEEDS THE ROLLBACK RATE BY 14.56% AND RESULTING IN 9.57% CHANGE IN PROPERTY TAX RATE IN THE CITY OF SOUTH MIAMI, FLORIDA, FOR THE FISCAL YEAR 2008/2009; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 34/5 (City Manager) Moved by Mayor Feliu, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 4-1 vote. Vice Mayor Beasley: Nay; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 43-08-1978 9/23/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A BUDGET OF $20,489,534 AND PAY PLAN FOR THE FISCAL YEAR 2008/2009; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 34/5 (City Manager) Moved by Mayor Feliu, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 4-1 vote. Vice Mayor Beasley: Nay; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 44-08-1979 10/07/08 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) Moved by Mayor Feliu, seconded by Commissioner Wiscombe, the motion to approve this item passed as amended by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 45-08-1980 10/07/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ALCOHOL; AMENDING CHAPTER 4, ARTICLE I, OF THE CITY OF SOUTH MIAMI CODE OF ORDINANCES BY AMENDING SECTION 4-8 BY CREATING A PROVISION RELATING TO PROHIBITING THE CONSUMPTION OF ALCOHOL IN PUBLIC PLACES AND CERTAIN PRIVATE PLACES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, CODIFICATION, AND AN EFFECTIVE DATE.3/5 (Mayor Feliu) Moved by Mayor Feliu, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. ORD. NO. ADOPTION DESCRIPTION 2008 ORDINANCE Page 15 of 18 INDEX 46-08-1981 10/07/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SOLID WASTE; AMENDING CHAPTER 11, SECTIONS 11-24 THROUGH 11-32; PROVIDING FOR FEES RELATING TO ENVIRONMENTAL PROTECTION AND RECYCLING WITHIN RESIDENTIAL SINGLE-FAMILY HOME DISTRICTS AND RESIDENCES; FEES, PROVIDING FOR CODE ENFORCEMENT PROCEDURES; ENFORCEMENT AND REGULATIONS; SCHEDULES AND ROUTES, TERMINATION; ENFORCEMENT AND ADMINISTRATIVE FINES; AND TO SET ASIDE 25 PERCENT OF THE FEES COLLECTED FOR GREEN RELATED IMPROVEMENT WITHIN THE CITY; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Mayor Feliu, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 47-08-1982 10/21/08 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 REMOVING SECTION 20-3.4(B)(15) ENTITLED "PARKING STRUCTURE IN RO DISTRICTS”; AND AMENDING SECTION 20-3.3 (D) ENTITLED “PERMITTED USE SCHEDULE” BY REMOVING AUTOMOBILE PARKING STRUCTURE AS A SPECIAL USE IN THE RO, RESIDENTIAL OFFICE ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Commissioner Beckman) Moved by Mayor Feliu, seconded by Commissioner Palmer, the motion to approve this item passed by a 4-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Absent; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 48-08-1983 10/21/08 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 MODIFYING THE PROVISIONS OF SECTION 20-4.4(I) ENTITLED "VALET PARKING VIA SPECIAL PARKING PERMIT”; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Commissioner Beckman) Moved by Commissioner Beckman, seconded by Mayor Feliu, the motion to approve this item passed as amended by a 4-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Absent; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 49-08-1984 10/21/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 17 OF THE CITY’S CODE OF ORDINANCES, BY ESTABLISHING AN INTERGOVERNMENTAL COORDINATION AND REVIEW PROCESS FOR PROPOSED COUNTY AND STATE ORD. NO. ADOPTION DESCRIPTION 2008 ORDINANCE Page 16 of 18 INDEX DEVELOPMENT PROJECTS WITHIN THE JURISDICTION OF THE CITY OF THE SOUTH MIAMI; WHICH COORDINATION SHALL ENSURE THAT ALL PROPOSED PROJECTS TAKE INTO ACCOUNT THE CITY OF SOUTH MIAMI’S OBJECTIVES AND GOALS OF MINIMIZING TRAFFIC IMPACTS IN RESIDENTIAL COMMUNITIES AND ENHANCING THE CITY’S BUSINESS DISTRICTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, CODIFICATION, AND AN EFFECTIVE DATE. 3/5 (Commissioner Beckman) Moved by Commissioner Beckman, seconded by Mayor Feliu, the motion to approve this item passed by a 3-1 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Absent; Commissioner Palmer: Nay; Commissioner Beckman: Yea; Mayor Feliu: Yea. 50-08-1985 10/21/08 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 INSERTING NEW SECTION 20-3.6(U) TO BE ENTITLED "OUTDOOR LIGHTING SPILLAGE”, IN ORDER TO PROVIDE LIMITATIONS ON THE OVERSPILL OF OUTDOOR LIGHTING ON ADJACENT PROPERTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) Moved by Mayor Feliu, seconded by Commissioner Beckman, the motion to approve this item passed as amended by a 4-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Absent; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 51-08-1986 11/06/08 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE CODE OF ORDINANCES BY PROHIBITING NARCOTICS RELATED LOITERING; PROVIDING FOR ENFORCEMENT OF INFRACTIONS, AND FOR RELATED PROCEDURES AND PROVISIONS; AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES ENTITLED “OFFENSES AND MISCELLANEOUS PROVISIONS;” TO INCLUDE SECTION 15- 3, ENTITLED “NARCOTIC RELATED LOITERING;” PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (Mayor Feliu and Commissioner Beckman) Moved by Mayor Feliu, seconded by Commissioner Beckman, the motion to approve this item passed by a 4-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Absent; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 52-08-1987 11/06/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING THE CITY CODE OF ORDINANCES BY CREATING THE “DANGEROUS INTERSECTION SAFETY” REGULATIONS, PROVIDING FOR RECORDED IMAGE MONITORING AND ENFORCEMENT OF RED LIGHT INFRACTIONS, AND FOR RELATED PROCEDURES AND PROVISIONS; AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES ENTITLED “OFFENSES AND MISCELLANEOUS PROVISIONS, TO ORD. NO. ADOPTION DESCRIPTION 2008 ORDINANCE Page 17 of 18 INDEX FACILITATE USE OF CODE ENFORCEMENT MECHANISM FOR DANGEROUS INTERSECTION SAFETY; AND AMENDING CHAPTER 2 SECTION 2-25(L) ENTITLED “SCHEDULE OF FINES”; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (Mayor Feliu) Moved by Mayor Feliu, seconded by Commissioner Beckman, the motion to approve this item passed by a 4-0 vote. Vice Mayor Beasley: Yea; Commissioner Wiscombe: Absent; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 53-08-1988 11/20/08 AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO SPECIAL ELECTION TO FILL AN UN- EXPIRED TERM OF THE CITY COMMISSIONER FOR GROUP I; SCHEDULING THE DAY, PLACE AND TIME OF THE ELECTION; PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (Mayor Feliu) Moved by Mayor Feliu, seconded by Commissioner Palmer, the motion to approve this item passed by a 4-0 vote. Vice Mayor Beasley: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 54-08-1989 12/2/08 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE A STREET SWEEPER, ONE FORD F-250, ONE SIDE LOADER, ONE DUMP TRUCK AND FOUR (4) CROWN VICTORIAS FOR A TOTAL AMOUNT OF $541,911.00 AND ACCEPTING THE INTEREST RATE OF 4.25% FOR A FIVE YEAR FINANCING TERM THROUGH FIRST NATIONAL BANK OF SOUTH MIAMI WITH FIVE ANNUAL PAYMENTS IN THE AMOUNTS OF $ 120,000.00 AND CHARGING TO PUBLIC WORKS ACCOUNT NUMBERS 001-1720-534-4455, 001-1730-541-4455, STORM WATER DRAIN TRUST FUND ACCOUNT NUMBER 111-1730-541-4455 AND POLICE DEPARTMENT ACCOUNT NUMBER 001-1910- 521-4450 VEHICLE-TRUCK LEASE PURCHASE ACCOUNT NAMES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 4/5 (City Manager) Moved by Commissioner Palmer, seconded by Mayor Feliu, the motion to approve this item passed by a 4-0 vote. Vice Mayor Beasley: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 55-08-1990 12/2/08 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 44-08-1979 TO ADD NEW FEES TO THE SCHEDULE, PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 ORD. NO. ADOPTION DESCRIPTION 2008 ORDINANCE Page 18 of 18 INDEX (Vice Mayor Beasley) Moved by Mayor Feliu, seconded by Vice Mayor Beasley, the motion to approve this item passed by a 4-0 vote. Vice Mayor Beasley: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 56-08-1991 12/2/08 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 INSERTING NEW SECTION 20-3.1(E) TO BE ENTITLED "BUSINESS OUTSIDE A BUILDING”, IN ORDER TO REQUIRE THAT ALL COMMERCIAL ACTIVITIES WITHOUT A PERMIT ALLOWING FOR OUTDOOR USE MUST BE CONDUCTED WITHIN A BUILDING; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner Beckman, seconded by Vice Mayor Beasley, the motion to approve this item as amended passed by a 4-0 vote. Vice Mayor Beasley: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 57-08-1992 12/16/08 AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO SPECIAL ELECTION TO FILL AN UN- EXPIRED TERM OF THE CITY COMMISSIONER FOR GROUP I; SCHEDULING THE DAY, PLACE AND TIME OF THE ELECTION; PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Mayor Feliu) Moved by Commissioner Palmer, seconded by Vice Mayor Beasley, the motion to approve this item passed by a 4-0 vote. Vice Mayor Beasley: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea.