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2012 Ordinance IndexORD. NO. ADOPTION DESCRIPTION 2012 ORDINANCE Page 1 of 7 INDEX 01-12-2117 1/3/12 An Ordinance amending Section 20-2.3 of the Land Development Code titled Definitions, in order to amend the definition of "Day Care Center", replacing day care with "Child Care and Child Care Facility"; and amending of the Land Development Code titled Permitted Use Schedule in order to replace the use “Day Care Center” with “Child Care and Child Care Facility”; amending the permitted use schedule for the LRM18, RM24 and RO from permitted use (P), to special use (S); amending the permitted use schedule for the H district from not permitted, to special use (S); amending Section 20-3.4 - Special use conditions; providing a reference to the Florida Statute governing these uses. 3/5 (City Manager-Planning and Zoning) Moved by Commissioner Palmer, seconded by Commissioner Harris, the motion to approve this item passed by a 5-0 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Yea; Mayor Stoddard: Yea 02-12-2118 1/3/12 An Ordinance amending Chapter 2 – Administration, adding Sec. 4-2.2-“State of the City Address”.3/5 (Mayor Stoddard) Moved by Mayor Stoddard, seconded by Commissioner Palmer, the motion to approve this item as amended passed by a 3-2 vote. Commissioner Beasley: Nay; Vice Mayor Newman: Nay; Commissioner Harris: Yea; Commissioner Palmer: Yea; Mayor Stoddard: Yea 03-12-2119 1/17/12 An Ordinance amending the City of South Miami's existing Fee Schedule, Ordinance No. 04-11-207; amending Section A of the Building Department Schedule of Permit Fees. 3/5 (City Manager-Building Dept.) Moved by Mayor Stoddard, seconded by Commissioner Palmer, the motion to approve this item passed by a 5-0 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Yea; Mayor Stoddard: Yea 04-12-2120 3/20/12 An Ordinance authorizing the City Manager to execute a 5-year franchise agreement with Insite Martin Outdoor for bus bench service including a fee paid to the City derived from advertising revenue. 4/5 (City Manager) Moved by Commissioner Welsh, seconded by Commissioner Harris, the motion to approve this item passed by a 5-0 vote. Commissioner Newman: Yea; Vice Mayor Liebman: Yea; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea 05-12-2121 4/17/12 An Ordinance amending South Miami Code of Ordinances, Article I, Chapter 2, Sec. 2-2.1(K)(1) prohibiting the sending and receiving of electronic communication by a Commission member while the member is sitting on the dais during a Commission meeting. 3/5 (Commissioner Welsh) Moved by Commissioner Newman, seconded by Commissioner Harris, the motion to approve this item passed by a 4-1 vote. Commissioner Newman: Yea; Vice Mayor Liebman: Nay; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea ORD. NO. ADOPTION DESCRIPTION 2012 ORDINANCE Page 2 of 7 INDEX 06-12-2122 5/15/12 An Ordinance relating to the City's Historic Preservation Board, amending Section 20-6.1(D)(4)(a)I and iii; changing the number of members required to constitute a quorum from five members to three members. 3/5 (City Manager-Planning & Zoning) Moved by Mayor Stoddard, seconded by Commissioner Newman, the motion to approve this item passed by a 4-1 vote. Commissioner Newman: Yea; Vice Mayor Liebman: Nay; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea 07-12-2123 5/15/12 An Ordinance amending the South Miami Code of Ordinances, Article I, Section 2-2.1(G)(2), to authorize the Mayor to participate in the discussion and debate of all issues. 3/5 (Commissioner Welsh) Moved by Commissioner Welsh, seconded by Commissioner Harris, the motion to approve this item passed by a 5-0 vote. Commissioner Newman: Yea; Vice Mayor Liebman: Yea; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea 08-12-2124 6/5/12 An Ordinance amending Section 20-8.9 of the Land Development Code titled Special Exceptions within the T.O.D.D. district, in order to, among other things, include the following; a definition of special exception and Large Scale Development; provisions and conditions for review and approval; deleting minimum lot area; providing for perpetual maintenance; and providing for the expiration and extension of approvals. 3/5 (City Manager-Planning & Zoning) Moved by Commissioner Harris, seconded by Commissioner Welsh, the motion to approve this item passed by a 5-0 vote. Commissioner Newman: Yea; Vice Mayor Liebman: Yea; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea 09-12-2125 8/7/12 An Ordinance relating to budget; authorizing an increase of expense line item 201.1410.519.7210 Debt Service Fund Interest Expense in the amount of $175,205 from Debt Service Fund Balance. 3/5 (City Manager-Finance) Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve this item passed by a 5-0 vote. Commissioner Newman: Yea; Vice Mayor Liebman: Yea; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea 10-12-2126 8/7/12 An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Single Family Residential (Two Story) to Mixed Use Commercial Residential (Four-Story) for an area identified as 6443 SW 60 AVE. Folio # 09-4025- 010-0050; 6443 SW 59 PL; Folio # 09-4025-010-0320 in conjunction with the Madison Square development project. 5/5 (City Manager-Planning & Zoning) Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve this item passed by a 5-0 vote. Commissioner Newman: Yea; Vice Mayor Liebman: Yea; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea ORD. NO. ADOPTION DESCRIPTION 2012 ORDINANCE Page 3 of 7 INDEX 11-12-2127 8/21/12 An Ordinance amending the Land Development Code, Section 20-3.6(J)(1)(c) and (e), swimming pool rear-yard setback requirements. 3/5 (City Manager-Planning & Zoning) Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve this item passed by a 5-0 vote. Commissioner Newman: Yea; Vice Mayor Liebman: Yea; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea 12-12-2128 8/21/12 An Ordinance amending the Land Development Code, Section 20-6.1(C)(I)(a) and (b) and (3)(b) concerning membership and powers and duties of the Environmental Review and Preservation Board. 3/5 (City Manager-Planning & Zoning) Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve this item as amended passed by a 5-0 vote. Commissioner Newman: Yea; Vice Mayor Liebman: Yea; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea 13-12-2129 8/21/12 An Ordinance abandoning a portion of the alley that was commonly known as SW 63rd Terrace Alley (the alley, except for the portion in question, was abandoned in 1992), and for the reversion of title of said property to the abutting property owner. 4/5 (City Manager-Planning & Zoning) Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve this item passed by a 5-0 vote. Commissioner Newman: Yea; Vice Mayor Liebman: Yea; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea 14-12-2130 9/4/12 An Ordinance authorizing the City Manager to enter into a sub-lease agreement with Miami-Dade County and LLiraff O., Inc. D/B/A O'Farrill Learning Center for the use of a City of South Miami Building located at 6121 SW 68th Street. 3/5 (City Manager -City Attorney) Moved by Commissioner Newman, seconded by Commissioner Harris, the motion to approve this item as amended passed by 5-0 vote: Commissioner Newman: Yea; Vice Mayor Liebman: Yea; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea 15-12-2131 9/4/12 An Ordinance amending the Land Development Code, article VI, section 20-6.2 (A) and (B) concerning the procedures and stay of proceedings for the review of or appeals from the decisions of the Environmental Review and Preservation Board. 3/5 (Continued from 8/21/12) (City Manager-Planning & Zoning) Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve this item passed by 3-2 vote: Commissioner Newman: Yea; Vice Mayor Liebman: Yea; Commissioner Harris: Nay; Commissioner Welsh: Nay; Mayor Stoddard: Yea 16-12-2132 9/4/12 An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Public Institutional (Four Story) to Religious (Two ORD. NO. ADOPTION DESCRIPTION 2012 ORDINANCE Page 4 of 7 INDEX Story) for an area identified as 6781 Sunset Drive (Fellowship Church) Folio: 09-4026-000-0130. 4/5 (Commissioner Welsh) (Deferred 8/07/12) Moved by Commissioner Welsh, seconded by Commissioner Harris, the motion to approve this item passed by 4-1 vote: Commissioner Newman: Yea; Vice Mayor Liebman: Nay; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea 17-12-2133 9/4/12 An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Public Institutional (Four Story) to Religious (Two Story) for an area identified as 6750 Sunset Drive (University Christian Church) Folio: 09-4035-000- 0010. 4/5 (Commissioner Welsh) (Deferred 8/07/12) Moved by Commissioner Welsh, seconded by Commissioner Harris, the motion to approve this item passed by 4-1 vote: Commissioner Newman: Yea; Vice Mayor Liebman: Nay; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea 18-12-2134 9/24/12 An Ordinance authorizing the issuance of its Capital Improvement Revenue Refunding Note, Series 2012, in the principal amount not to exceed $5,800,000, for the purpose of refinancing certain of the City’s outstanding indebtedness and paying the costs of issuance of the Note and of refinancing such indebtedness; covenanting to annually budget and appropriate funds from Legally Available Non-Ad Valorem Revenues to repay such Note; providing the form, terms and details of the Note; awarding the Note to Branch Banking and Trust Company by negotiated sale; making certain covenants and agreements in connection therewith; authorizing and directing officers and employees of the City to take all necessary actions and execute all necessary documents. 5/5 (City Manager-Finance) Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve this item passed by 5-0 vote: Commissioner Newman: Yea; Vice Mayor Liebman: Yea; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea 19-12-2135 9/24/12 An Ordinance levying the millage of 4.5728 which represents a 2% decrease from the City’s current rate of 4.6662 and approximately 4.57% increase over the rolled back rate of 4.3639, for the fiscal year 2012-2013. 3/5 (City Manager- Finance Dept.) Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve this item passed by 5-0 vote: Commissioner Newman: Yea; Vice Mayor Liebman: Yea; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea ORD. NO. ADOPTION DESCRIPTION 2012 ORDINANCE Page 5 of 7 INDEX 20-12-2136 9/24/12 An Ordinance adopting the Capital and Operating Budget of $19,410,709 and Pay Plan for the fiscal year 2012-2013. 3/5 (City Manager- Finance Dept.) Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve this item passed by 5-0 vote: Commissioner Newman: Yea; Vice Mayor Liebman: Yea; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea 21-12-2137 10/2/12 An Ordinance amending the City’s Land Development Code, Section 20-3.1, titled “Zoning Use Districts and Purposes” so as to create a new zoning district titled “Religious” and to define the district. 3/5 (City Manager-Planning & Zoning) Moved by Commissioner Harris, seconded by Mayor Stoddard, the motion to approve this item passed by 4-0 vote: Commissioner Newman: Absent; Vice Mayor Liebman: Yea; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea 22-12-2138 10/2/12 An Ordinance amending the City’s Land Development Code, Section 20-3.3(D), Permitted use schedule to create a category for religious uses titled “Religious” and zoning abbreviation for this zoning district with the letter "R" and to establish the areas of permitted use by right and permitted special use for this type of use. 3/5 (City Manager-Planning & Zoning) Moved by Commissioner Harris, seconded by Mayor Stoddard, the motion to approve this item passed by 4-0 vote: Commissioner Newman: Absent; Vice Mayor Liebman: Yea; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea 23-12-2139 10/2/12 An Ordinance amending the City’s Land Development Code, Section 20-3.4, Special use conditions, creating a new zoning category titled “Religious”. 3/5 (City Manager-Planning & Zoning) Moved by Commissioner Harris, seconded by Mayor Stoddard, the motion to approve this item passed by 4-0 vote: Commissioner Newman: Absent; Vice Mayor Liebman: Yea; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea 24-12-2140 10/2/12 An Ordinance amending the official zoning map from Public Institutional "PI" to Religious "R" for properties located at 6781 Sunset Drive, and 6750 Sunset Drive. 3/5 (City Manager-Planning & Zoning) Moved by Commissioner Harris, seconded by Mayor Stoddard, the motion to approve this item passed by 4-0 vote: Commissioner Newman: Absent; Vice Mayor Liebman: Yea; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea 25-12-2141 10/16/12 An Ordinance of the City of South Miami’s, amending Section 8A-4.1 titled “Reserved”, re- titling it as “Prohibited Commission Actions”, and prohibiting a commission member from making certain representations in his or her official capacity. (Deferred 10-02-12) 3/5 (Commissioner Newman) Moved by Commissioner Newman, seconded by Commissioner Harris, the motion to approve this item passed by 5-0 vote: Commissioner Newman: Yea; Vice Mayor Liebman: Yea; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea ORD. NO. ADOPTION DESCRIPTION 2012 ORDINANCE Page 6 of 7 INDEX 26-12-2142 10/16/12 An Ordinance amending Section 8A-4(a) of the City of South Miami’s Code of Ordinances to repeal the part that states that a Commission member may not attempt to indirectly influence a decision or act of a member of a board. 3/5 (Commissioner Welsh) Moved by Commissioner Welsh, seconded by Mayor Stoddard, the motion to approve this item as amended passed by 3-2 vote: Commissioner Newman: Nay; Vice Mayor Liebman: Nay; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea 27-12-2143 11/20/12 An Ordinance amending Article III, Section 12-56 titled “Administrative procedures” of the City’s Code of Ordinances to provide an administrative procedure for the payment of the special and general counsel of the Health Facilities Authority. 3/5 (City Attorney) Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve this item passed by 4-0 vote: Commissioner Newman: Absent; Vice Mayor Liebman: Yea; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea 28-12-2144 12/4/12 An Ordinance amending the development agreement originally adopted by Ordinance No. 05-05-1827 and amended by Ordinance No. 18-05-1840 concerning the project known as “Project Sunset” and located generally at 5750 Sunset Drive, for the purpose of clarifying the effective date of the agreement and term of agreement. 3/5 (Acting City Manager-City Attorney) Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve this item as amended passed by 5-0 vote: Commissioner Newman: Yea; Vice Mayor Liebman: Yea; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea 29-12-2145 12/4/12 An Ordinance amending Section 20-3.6(U), of the City of South Miami’s Land Development Code, Outdoor lighting spillage; creating additional minimum standards for outdoor lighting in residential districts. 3/5 (Deferred 11-20-12) (Acting City Manager-Planning & Zoning) Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve this item as amended passed by 5-0 vote: Commissioner Newman: Yea; Vice Mayor Liebman: Yea; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea. 30-12-2146 12/18/12 An Ordinance amending Section 2-2.1 (C), titled “Rules of procedure of city commission: Agenda” of the City’s Code of Ordinances to establish a procedure for advanced notice of add-on item(s) on the Official Agenda and repealing Resolution 61-10-13095. 3/5 (Mayor Stoddard-City Attorney) Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve this item as amended passed by 5-0 vote: Commissioner Newman: Yea; Vice Mayor Liebman: Yea; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea ORD. NO. ADOPTION DESCRIPTION 2012 ORDINANCE Page 7 of 7 INDEX 31-12-2147 12/18/12 An Ordinance amending the official zoning map of the City of South Miami Land Development Code by changing the “NR” zoning use district of the Community Redevelopment Agency owned property assemblage enumerated below and referred to known as the Madison Square redevelopment site, and other properties in that same district and location from "NR" Neighborhood Retail and "RS-4" Small Lot Single-Family Residential zoning district, to "SR" Specialty Retail zoning district; to provide compatibility with the current mixed-use land-use designation of the site and allow for development of a mixed-use, including affordable housing project in the Community Redevelopment Area. 5/5 (Acting City Manager-Planning & Zoning) Moved by Commissioner Newman, seconded by Mayor Stoddard, the motion to approve this item passed by 5-0 vote: Commissioner Newman: Yea; Vice Mayor Liebman: Yea; Commissioner Harris: Yea; Commissioner Welsh: Yea; Mayor Stoddard: Yea