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2011 Ordinance IndexORD. NO. ADOPTION DESCRIPTION 2011 ORDINANCE Page 1 of 12 INDEX 01-11-2074 1/4/11 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to the budget; authorizing an increase of expense line item 615-1910-521-5205 (Federal Forfeiture Computer Equipment) in the amount of $56,336.80, and 615-1910-521-4960 (Federal Forfeiture Special Investigations) in the amount of $7,000.00 from Federal Forfeiture Fund with a balance of $125,725.00, providing for severability, ordinances in conflict and an effective date. 3/5 (City Manager – Police Dept.) Moved by Commissioner Palmer, seconded by Commissioner Harris, the motion to approve this item as passed by a 5-0 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Yea; Mayor Stoddard: Yea. 02-11-2075 1/4/11 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20-7.51 entitled “Special exceptions” in order to revise the wording in Section 20-7.51(D) to replace the word “development” with the word “new construction” for the purpose of clarifying when the time limitation begins for development projects which have been granted a special exception in the Hometown Overlay Zone (HD-OV); providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (City Manager-Planning Dept.) Moved by Commissioner Beasley, seconded by Vice Mayor Newman, 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. 03-11-2076 1/4/11 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 5875 Sunset Drive (aka The Dowling Building) 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 (City Manager-Planning Dept.) Moved by Commissioner Beasley, seconded by Mayor Stoddard, 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. 04-11-2077 1/4/11 An Ordinance of the Mayor and the City Commission of the City of South Miami, Florida relating to the fee schedule; amending ordinance 21-09-2013 ORD. NO. ADOPTION DESCRIPTION 2011 ORDINANCE Page 2 of 12 INDEX as amended by ordinances to, increasing some fees, adding new fees and deleting some fees from the schedule, providing for severability, ordinances in conflict, and an effective date.3/5 (City Manager – Finance Dept.) Moved by Mayor Stoddard, seconded by Commissioner Beasley, the motion to approve this item passed by a 4-0 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Absent; Commissioner Harris: Yea; Commissioner Palmer: Yea; Mayor Stoddard: Yea. 05-11-2078 1/18/11 An ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend Section 20-3.3 (D) of the Land Development Code entitled “Permitted Use Schedule” in order to: change the existing “School, Elementary or Secondary” use category and the existing “School, Vocational” use category from “P” Permitted use category to “S” Special Use category; to create a new use type entitled “School, Private or Charter” with all development in the new “School, Private or Charter” use category being classified as an “S” Special Use; and amending Section 20- 3.4 entitled “Special Use Conditions” in order to set forth general and special requirements applicable to all three school use categories; providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (Deferred 01/04/11) (City Manager-Planning Dept.) Moved by Commissioner Beasley, seconded by Mayor Stoddard, the motion to approve this item as amended passed by a 4-1 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Nay; Mayor Stoddard: Yea. 06-11-2079 2/1/11 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 changing the zoning use district from “RS-3” Low- Density Residential Zoning Use District to “PR” Parks and Recreation Zoning Use District for the property identified as Van Smith Park located at 7800 SW 59 Avenue (Folio No. 09-4036-039-0020 and Folio No. 09-4036-039-0025); providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (City Manager-Planning Dept.) Moved by Commissioner Beasley, seconded by Mayor Stoddard, 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. 07-11-2080 2/1/11 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to a ORD. NO. ADOPTION DESCRIPTION 2011 ORDINANCE Page 3 of 12 INDEX request to amend the official zoning map of the City of South Miami Land Development Code by changing the zoning use district from “RS-3” Low- Density Residential Zoning Use District to “PR” Parks and Recreation Zoning Use District for the property identified as Dison Park located at 8051 SW 58 Avenue (Folio No. 09-4036-000-0520); providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (City Manager-Planning Dept) Moved by Commissioner Beasley, seconded by Mayor Stoddard, 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. 08-11-2081 2/1/11 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 changing the zoning use district from “RS-3” Low- Density Residential Zoning Use District to “PR” Parks and Recreation Zoning Use District for the property identified as All America Veterans’ Memorial Park located at 6820 SW 64 Avenue (Folio No. 09-4025-000-0430); providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (City Manager-Planning Dept.) Moved by Commissioner Beasley, seconded by Mayor Stoddard, 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. 09-11-2082 2/1/11 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 changing the zoning use district from “RS-4” Single Family Residential Zoning Use District to “PR” Parks and Recreation Zoning Use District for the property identified as a part of the Murray Park Community Center located at 5800 SW 66th Street and legally described as Lot 1, Block 1, Larkins Townsite (Folio No. 09-4025-028-0010); providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (City Manager-Planning Dept.) Moved by Commissioner Beasley, seconded by Mayor Stoddard, 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. ORD. NO. ADOPTION DESCRIPTION 2011 ORDINANCE Page 4 of 12 INDEX 10-11-2083 2/1/11 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 changing the zoning use district from “LO” Low- Intensity Office Zoning Use District to “PR” Parks and Recreation Zoning Use District for property identified as a part of the Murray Park Community Center located at 5845-5855 SW 68th Street and 6731 SW 58th Place, and legally described as Lots 10 thru 17, Block 8, Townsite of Larkins (Folio Nos. 09-4025-028-0900, 09-4025- 028-0910, 09-4025-028-0920); providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (City Manager-Planning Dept.) Moved by Commissioner Beasley, seconded by Mayor Stoddard, 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. 11-11-2084 2/1/11 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 changing the zoning use district from “PI” Public/Institutional Zoning Use District to “RS- 3” Low-Density Residential Zoning Use District for the property identified as the Rothan Residence located at 7435 SW 66 Avenue (Folio No. 09-4036-050-0020); providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (City Manager-Planning Dept) Moved by Commissioner Beasley, seconded by Mayor Stoddard, 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. 12-11-2085 3/1/11 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to finance up to six (6) new police vehicles for an amount not to exceed $165,000 and accepting the interest rate of 2.44% through SunTrust Bank, charging Debt Service-Principal Account No. 001.1910.521.7110 and Debt Service- Interest Account No. 001.1910.521.7210; providing for severability, ordinances in conflict and an effective date. 4/5 (City Manager-Finance Dept.) Moved by Mayor Stoddard, seconded by Commissioner Beasley, 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. ORD. NO. ADOPTION DESCRIPTION 2011 ORDINANCE Page 5 of 12 INDEX 13-11-2086 3/1/11 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending the Land Development Code Section 20-8.9(B)(1) entitled “Special exceptions” in order to reduce the time limit for commencing and completing a development project which has been granted a special exception in a Transit Oriented Development District (TODD); providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (City Manager-Planning Dept.) Moved by Mayor Stoddard, seconded by Commissioner Beasley, 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. 14-11-2087 3/15/11 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code in order to set forth that the Planning and Zoning Director is the responsible City Administrator to make final interpretations of regulations contained in the Land Development Code and establishing an appeal procedure, by amending Section 20-1.9 entitled “Interpretation” providing for severability; providing for ordinances in conflict; and providing an effective date.(Deferred 3/01/11)3/5 (City Manager-Planning Dept.) Moved by Commissioner Beasley, seconded by Mayor Stoddard, the motion to approve this item passed by a 4-0 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Out of the Room; Mayor Stoddard: Yea. 15-11-2088 4/4/11 A Ordinance of the Mayor and the City Commission of the City of South Miami, Florida amending the Pension Plan; providing for an amendment of Sec 16-37 Powers of Board; providing for severability, conflict and an effective date. 3/5 (City Manager) Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve this item as amended passed by a 4-0 vote. Commissioner Beasley: Absent; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Yea; Mayor Stoddard: Yea. 16-11-2089 4/19/11 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Chapter 7 of the Code of Ordinances of the City of South Miami to remove the wording South Florida Building Code and adopting the Florida Building Code and all other codes adopted by the Florida Building Code as the city codes together with all amendments thereinafter made, and all subsequent editions, to said codes; providing for severability; providing for ordinances in conflict; providing an effective date. 3/5 ORD. NO. ADOPTION DESCRIPTION 2011 ORDINANCE Page 6 of 12 INDEX (City Manager-Building Dept.) Moved by Mayor Stoddard, seconded by Commissioner Beasley, the motion to approve this item passed by a 4-0 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Absent; Mayor Stoddard: Yea. 17-11-2090 4/19/11 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code in order to update certain references and terminology including the deletion of references to the South Florida Building Code; clarifying references to Miami-Dade County; deleting references to the Florida Health and Rehabilitative Services; and clarifying references to the Environmental Review and Preservation Board; providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (City Manager-Planning Dept.) Moved by Mayor Stoddard, seconded by Commissioner Beasley, the motion to approve this item passed by a 4-0 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Absent; Mayor Stoddard: Yea. 18-11-2091 4/19/11 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code in order to set forth standards and requirements for off-street loading by creating Section 20-4.4 (M) entitled “Off- Street Loading Requirements” providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (City Manager-Planning Dept.) Moved by Mayor Stoddard, seconded by Commissioner Beasley, the motion to approve this item passed by a 4-0 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Absent; Mayor Stoddard: Yea. 19-11-2092 5/3/11 A Ordinance of the Mayor and the City Commission of the City of South Miami, Florida amending the Pension Plan providing for the addition of Sec 16-20 (L) Powers of Board; providing for severability, ordinances in conflict, and an effective date. 3/5 (City Manager) Moved by Commissioner Beasley, seconded by Mayor Stoddard, 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. 20-11-2093 6/7/11 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to the budget; authorizing an increase of appropriations to accounts 111-1730-541-3450 (Stormwater Drain Trust Fund Contractual Services) in the amount of $22,595, and 111-1730-541-7100 (Stormwater Drain Trust Fund Debt-Principal) in the amount of ORD. NO. ADOPTION DESCRIPTION 2011 ORDINANCE Page 7 of 12 INDEX $27,036 and 111-1730-541-7200 (Stormwater Drain Trust Fund Debt-Interest) in the amount of $4,034 and 111-1730-541-5205 (Stormwater Drain Trust Fund Computer Equipment) in the amount of $1,836.94 from Fund Balance, providing for severability, ordinances in conflict and an effective date. 3/5 (City Manager – Public Works Dept.) Moved by Mayor Stoddard, seconded by Commissioner Beasley, 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. 21-11-2094 6/14/11 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Section 15-63 of the Code of Ordinances of the City of South Miami, Florida regarding mobile street sales restrictions by clarifying the prohibition against sales during a special event, such as an exhibition, exposition, art show and/or festival; providing for severability, ordinance in conflict, and an effective date. 3/5 (City Manager – Code Enforcement) Moved by Commissioner Beasley, seconded by Commissioner Palmer, the motion to approve this item passed by a 4-0 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Yea; Mayor Stoddard: Absent. 22-11-2095 8/9/11 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida authorizing a loan in a principal amount not to exceed $7,900,000 to refund certain of the City's outstanding indebtedness, to pay the Internal Revenue Service amounts owed pursuant to certain settlement agreements and related costs thereof and to pay the costs of issuance of such loan; approving the form of a taxable revenue note, Series 2011 and loan agreement; authorizing certain officials of the City to take any actions required and to enter into any documents necessary for the prepayment of its loans with SunTrust Bank and the Florida Municipal Loan Council including, if necessary, executing on behalf of the City one or more escrow deposit agreements; and providing an effective date. 5/5 (City Manager-Finance Dept.) Moved by Mayor Stoddard, seconded by Vice Mayor Newman, the motion to approve this item as amended passed by a 5-0 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Yea; Mayor Stoddard: Yea. 23-11-2096 8/16/11 An Ordinance amending Chapter 13, License, creating Article II, Section 13-31 titled “Use of City’s Name” and restricting the expressed or implied use of the City of South Miami or its name by anyone for any purpose. 3/5 (Vice Mayor Newman) ORD. NO. ADOPTION DESCRIPTION 2011 ORDINANCE Page 8 of 12 INDEX Moved by Commissioner Beasley, 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. 24-11-2097 8/16/11 An Ordinance amending Chapter 15B entitled “Parks and Recreation” for the regulation of Special Events including the establishment of requirements for public hearings, providing a process for permitting, the payment of fees for permits and associated costs, requiring compliance with City laws, and providing for penalties. 3/5 (City Manager- Parks & Recreation Dept.) Moved by Commissioner Beasley, 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. 25-11-2098 9/6/11 An Ordinance amending the Land Development Code by deleting Section 20-3.1(E) entitled "Business Outside a Building”, inserting new Section 20-3.6 (V) to be entitled “Commercial Activity Conducted Outside of a Building” to provide regulations for outside merchandise display; establishing exceptions, a process for permitting, and limitations on the display. 5/5 (City Manager-Planning Dept.) Moved by Mayor Stoddard, 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. 26-11-2099 9/6/11 An Ordinance relating to budget; authorizing an increase of appropriations for expense line item 615-1910-521-6800 (Federal Forfeiture Intangible Assets) in the amount of $100,000.00, from the Federal Forfeiture Fund, for the first of two installment payments to SunGard Public Sector Inc., for replacement of outdated software for Computer Aided Dispatch (CAD) services, Records Management System (RMS) and Field Base Reporting System (FBRS), to include the first year annual fee for maintenance and technical support. 3/5 (City Manager- Police Dept.) Moved by Mayor Stoddard, 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. 27-11-2100 9/20/11 An Ordinance amending the South Miami Pension Plan, providing for an amendment to Section 16- 12, “Definitions,” to comply with current City policy concerning the definitions of annual compensation and final average compensation; and also amending Section 16-13 “eligibility.” 3/5 (City Manager- Pension Board) Moved by Commissioner Beasley, seconded by Mayor Stoddard, the motion to approve this item passed by a 4-0 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Absent; Commissioner Palmer: Yea; Mayor Stoddard: Yea. ORD. NO. ADOPTION DESCRIPTION 2011 ORDINANCE Page 9 of 12 INDEX 28-11-2101 9/27/11 An Ordinance levying the millage of 4.6662 which represents the 2011 rolled-back rate and is a 6% decrease from the City’s current millage rate of 4.9526, for the fiscal year 2011/2012. 3/5 (City Manager- Finance Dept.) Moved by Commissioner Beasley, 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. 29-11-2102 9/27/11 An Ordinance adopting the Capital and Operating Budget of $19,165,736 $19,159,736 and pay plan for the fiscal year 2011/2012. 3/5 (City Manager- Finance Dept.) Moved by Commissioner Beasley, seconded by Commissioner Palmer, the motion to approve this item as amended passed by a 5-0 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Yea; Mayor Stoddard: Yea. 30-11-2103 10/4/11 An ordinance amending section 20-2.3, definitions of the land development code to include a new definition for ice cream parlors, and providing standards for seating requirements within these uses; and amending the general definition of restaurants. 3/5 (City Manager-Planning & Zoning Dept.) Moved by Mayor Stoddard, 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. 31-11-2104 10/18/11 An Ordinance amending the City of South Miami’s existing Fee Schedule Ordinance No. 04-11-2077 to make modifications to the Fee Schedule. 3/5 (City Manager-Finance Dept.) Moved by Mayor Stoddard, seconded by Commissioner Beasley, the motion to approve this item as amended passed by a 5-0 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Yea; Mayor Stoddard: Yea. 32-11-2105 11/1/11 An Ordinance amending the City of South Miami Pension Plan, providing for an amendment to Section 16-21 Purchase of credited service, to provide an incentive for retirement for qualified police officer employees of the City of South Miami by including an additional eight (8) months of prior credited service, within a specified period of time. 3/5 (City Manager) Moved by Mayor Stoddard, 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 33-11-2106 11/1/11 An Ordinance amending the South Miami Pension Plan, providing for an amendment to Section 16- 12, Definitions, Section 16-13, Eligibility, to Section 16-14, Pension Benefits and Retirement Dates, Section 16-19, Contributions to comply with current City policy concerning the definitions of annual compensation and final ORD. NO. ADOPTION DESCRIPTION 2011 ORDINANCE Page 10 of 12 INDEX average compensation; and also amending Section 16-13, Eligibility. 3/5 (City Manager) Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve this item as amended passed by a 5-0 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Yea; Mayor Stoddard: Yea 34-11-2107 11/1/11 An Ordinance amending the text of the South Miami Comprehensive Plan, by amending the Comprehensive Plan Future Land Use Element in order to adopt a new future land use map category entitled “Low Density Multiple-Family Residential (Two-Story),” which in the future could be applied to development projects and properties providing multiple-family units or townhouse units in transitional residential areas. 4/5 (Approved on 1st reading 5/03/11) (City Manager-Planning & Zoning Dept.) Moved by Mayor Stoddard, seconded by Commissioner Harris, the motion to approve this item as amended passed by a 5-0 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Yea; Mayor Stoddard: Yea 35-11-2108 11/1/11 An Ordinance amending the text of the South Miami Comprehensive Plan, by amending the Comprehensive Plan Future Land Use Element in order to adopt a new future land use map category entitled “Religious (Two-Story),” which could be applied to development projects and properties providing religious facilities and could also permit other ancillary uses implemented by the category, with building heights and intensities compatible with surrounding districts. 4/5 (Approved on 1st reading 5/03/11) (City Manager-Planning & Zoning Dept.) Moved by Mayor Stoddard, seconded by Commissioner Beasley, 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 36-11-2109 11/1/11 An Ordinance amending the City of the South Miami Comprehensive Plan to amend the current future land use map category titled “Public/Institutional Uses (Four-Story).” 4/5 (Approved on 1st reading 6/14/11) (City Manager-Planning & Zoning Dept.) Moved by Mayor Stoddard, seconded by Vice Mayor Newman, 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 37-11-2110 11/1/11 An Ordinance amending the City of the South Miami Comprehensive Plan to adopt a new future land use map category titled “Hospital.” 4/5 (Approved on 1st reading 7/19/11) (City Manager-Planning & Zoning 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 ORD. NO. ADOPTION DESCRIPTION 2011 ORDINANCE Page 11 of 12 INDEX 38-11-2111 11/15/11 An Ordinance amending the City of the South Miami Comprehensive Plan to adopt a new future land use map category titled “Mixed Use Commercial / Residential (Two Story). 4/5 (City Manager-Planning and Zoning) Moved by Commissioner Harris, seconded by Mayor Stoddard, the motion to approve this item passed by a 4-0 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Absent; Mayor Stoddard: Yea 39-11-2112 11/15/11 An Ordinance relating to the year 2012 General Election of the Mayor and City Commissioners for Groups, II and III; scheduling the day, place and time of the election; scheduling the day, place and time of early voting; providing for qualification of candidates; providing for close of election books; approving the official ballot; providing for notification. 3/5 (City Attorney) Moved by Mayor Stoddard, seconded by Vice Mayor Newman, the motion to approve this item as amended passed by a 4-0 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Absent; Mayor Stoddard: Yea 40-11-2113 11/15/11 An Ordinance relating to the fee schedule; amending ordinance 31-11-2104 as amended by ordinances to increase some fees, adding new fees, and deleting some fees from the schedule. 3/5 (City Manager-Finance Dept.) Moved by Mayor Stoddard, seconded by Commissioner Beasley, the motion to approve this item passed by a 4-0 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Absent; Mayor Stoddard: Yea 41-11-2114 12/6/11 An Ordinance prohibiting the sale of tobacco products that contain additives that mask the natural characteristics of tobacco. 3/5 (Mayor Stoddard) Moved by Commissioner Beasley, seconded by Commissioner Harris, the motion to approve this item passed by a 4-0 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Absent; Commissioner Harris: Yea; Commissioner Palmer: Yea; Mayor Stoddard: Yea 42-11-2115 12/6/11 An Ordinance amending the Land Development Code to create a new Article XI, titled “Historic Preservation Regulations” and to place all current regulations pertaining to historic preservation into Article XI; amending Section 20-6.1 (D) to change the procedure and criteria for appointing Historic Preservation Board members; amending all regulations pertaining to historic preservation found in Sections 20-4.9, 20-4.11, 20-5.17, 20-5.18 and 20-5.19 to update the wording, modifying certain provisions related to the guidelines concerning historic preservation designation, amending historic designation report elements, amending the ORD. NO. ADOPTION DESCRIPTION 2011 ORDINANCE Page 12 of 12 INDEX procedure for issuance of a demolition permit and appropriately renumbering all of these Sections for inclusion in Article XI. 3/5 (City Manager-Planning and Zoning) Moved by Commissioner Beasley, seconded by Mayor Stoddard, the motion to approve this item passed by a 4-0 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Absent; Commissioner Harris: Yea; Commissioner Palmer: Yea; Mayor Stoddard: Yea 43-11-2116 12/20/11 An Ordinance authorizing the City Manager to enter into a franchise contract with Earth Learning, Inc. for the operation of a Farmers’ Market on City of South Miami property. 4/5 (City Manager) Moved by Mayor Stoddard, seconded by Commissioner Beasley, the motion to approve this item passed by a 4-0 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Absent; Commissioner Harris: Yea; Commissioner Palmer: Yea; Mayor Stoddard: Yea