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2010 Ordinance IndexORD. NO. ADOPTION DESCRIPTION 2010 ORDINANCE Page 1 of 15 INDEX 01-10-2026 1/14/10 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, CREATING NEW CHAPTER 19 OF THE CODE OF ORDINANCES; PROVIDING FOR THE REGISTRATION OF DOMESTIC PARTNERSHIPS; ESTABLISHING DOMESTIC PARTNER RIGHTS OF VISITATION; PROVIDING HEALTH INSURANCE ELIGIBILITY AND OTHER BENEFITS TO THE DOMESTIC PARTNERS OF CITY EMPLOYEES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5 (Commissioner Newman and Mayor Feliu) Moved by Mayor Feliu, seconded by Vice Mayor Beasley, the motion to approve this item passed by a 4-1 vote. Vice Mayor Beasley: Yea; Commissioner Newman: Yea; Commissioner Sellars: Yea; Commissioner Palmer: Nay; Mayor Feliu: Yea. 02-10-2027 1/14/10 AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE SECTION 20- 4.3(B)(C)(F)(I)(4)(5) ENTITLED “SIGN REGULATIONS” IN ORDER TO PROVIDE THAT TEMPORARY SIGN PERMIT APPLICATIONS WILL REQUIRE REVIEW AND APPROVAL BY THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD PLANNING AND ZONING DEPARTMENT, AND TO MAKE TECHNICAL REVISIONS TO UPDATE TERMINOLOGY; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Acting City Manager) Moved by Commissioner Palmer, seconded by Vice Mayor Beasley, the motion to approve this item passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Newman: Yea; Commissioner Sellars: Yea; Commissioner Palmer: Yea; Mayor Feliu: Yea. 03-10-2028 1/14/10 AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 17, ARTICLE II, ENTITLED “SIDEWALKS” OF THE CITY’S CODE OF ORDINANCES BY ADDING NEW SECTION 17-26 ENTITLED “SIDEWALK ADVERTISING; USING STREETS OR SIDEWALKS FOR ADVERTISING PURPOSES”, WHICH REGULATION WILL MAKE IT UNLAWFUL TO USE STREETS, SWALE AREAS, OR SIDEWALKS UNLESS EXPRESSLY PERMITTED BY SECTION 20-4.3 OF THE LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Acting City Manager) 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 Newman: Yea; Commissioner Sellars: Yea; Commissioner Palmer: Yea; Mayor Feliu: Yea. 04-10-2029 2/2/10 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND DEVELOPMENT CODE SECTION 20-3.5 ENTITLED “DIMENSIONAL REQUIREMENTS” IN ORDER TO LIMIT TO TWO STORIES THE HEIGHT OF BUILDINGS ABUTTING OR ORD. NO. ADOPTION DESCRIPTION 2010 ORDINANCE Page 2 of 15 INDEX ADJACENT TO SINGLE FAMILY RESIDENTIAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (Continued from 1/26/10 Meeting) 3/5 (Vice Mayor Beasley) Moved by Mayor Feliu, seconded by Commissioner Palmer and Vice Mayor Beasley, the motion to approve this item as amended passed by a 4-1 vote. Vice Mayor Beasley: Yea; Commissioner Newman: Yea; Commissioner Sellars: Yea; Commissioner Palmer: Nay; Mayor Feliu: Yea. 05-10-2030 2/2/10 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE SOUTH MIAMI CODE OF ORDINANCES BY REVISING CHAPTER 15, ARTICLE III SECTION 15-100 ENTITLED “MALICIOUS DEFACEMENT, MARKING OF REAL PROPERTY” IN ORDER TO MAKE MALICIOUS MARKING AND PLACEMENT OF GRAFFITI ON PERSONAL PROPERTY UNLAWFUL; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (Acting City Manager) Moved by Mayor Feliu, seconded by Vice Mayor Beasley, the motion to approve this item as amended passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Newman: Yea; Commissioner Sellars: Yea; Commissioner Palmer: Yea; Mayor Feliu: Yea. 06-10-2031 2/2/10 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO THE SITE PLAN FOR THE VALENCIA BUILDING LOCATED AT 6001 SW 70th STREET WHICH SITE PLAN WAS ADOPTED VIA ORDINANCE NO. 24-01-1755 ON OCTOBER 2, 2001; THE AMENDMENT WOULD ALLOW OTHER USES IN ADDITION TO RETAIL USES IN THE FIRST FLOOR COMMERCIAL SPACES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.4/5 (Mayor Feliu) Moved by Mayor Feliu, seconded by Commissioner Sellars, the motion to approve this item as amended passed by a 5-0 vote. Vice Mayor Beasley: Yea; Commissioner Newman: Yea; Commissioner Sellars: Yea; Commissioner Palmer: Yea; Mayor Feliu: Yea. 07-10-2032 2/16/10 AN Ordinance OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE FEE SCHEDULE; AMENDING ORDINANCE 21-09-2013 TO AMEND TEMPORARY FULL ROADWAY AND SIDEWALK CLOSURE PERMIT FEES SCHEDULE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.3/5 (Acting 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: Yea; Commissioner Harris: Yea; Commissioner Palmer: Absent; Mayor Stoddard: Yea. 08-10-2033 4/06/10 An ordinance of the Mayor and City Commission of the City of South Miami, Florida amending the South Miami pension plan, providing for compliance with Chapter 2009-97, Laws of Florida; ORD. NO. ADOPTION DESCRIPTION 2010 ORDINANCE Page 3 of 15 INDEX providing for a reduction in certain employee contributions for one fiscal year; providing for severability; providing for codification, ordinances in conflict; and providing for an effective date. 3/5 (Acting City Manager) 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. 09-10-2034 4/06/10 An ordinance of the Mayor and the City Commission of the City of South Miami, Florida, adopting the Evaluation and Appraisal Report (EAR) Based Text Amendments to the South Miami Comprehensive Plan; the amendments are to the goals, objectives, and policies for the following Comprehensive Plan Elements: Future Land Use; Transportation; Housing; Infrastructure; Conservation; Recreation and Open Space; Intergovernmental Coordination; and Capital Improvements; providing for severability, ordinances in conflict, and providing an effective date. 4/5 (Commissioner Beasley) Moved by Commissioner Beasley, seconded by Commissioner Harris, the motion to approve this item passed by a 4-1 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Nay; Mayor Stoddard: Yea. 10-10-2035 4/06/10 An ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to amendments to Land Development Code: Section 20- 2.3 entitled “Definitions” in order to provide a definition of “Liquor Store”; Section 20-3.3(D) entitled “Permitted Use Schedule” in order to change drinking place and liquor store from a Permitted use in commercial zoning use districts to a Special use in commercial zoning use districts; Section 20-3.4 entitled “Special use conditions” in order to provide regulations allowing for a revocation of a special use approval; providing for severability; providing for ordinances in conflict; and providing for an effective date. 3/5 (Acting 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. 11-10-2036 5/4/10 An ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Article VI, Purchasing, of Chapter 2 of the City Code, to provide for and regulate Design-Build ORD. NO. ADOPTION DESCRIPTION 2010 ORDINANCE Page 4 of 15 INDEX Contracts; providing for conflicts, severability and an effective date. 3/5 (Mayor Stoddard) Moved by Mayor Stoddard, seconded by Vice Mayor 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. 12-10-2037 5/4/10 An ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the South Miami Code of Ordinances in order to remove existing Section 15-100 entitled “Malicious defacement, marking of real property” and creating a new Section 15-100 entitled “Graffiti and graffiti removal” which contains the following sections; definitions; prohibited activity; possession of spray paint and markers; anti-graffiti trust fund; declaration of nuisance; responsibility of property owners, graffiti removal and notice; appeals; failure to comply, cost of removal, liens, foreclosures; disputing assessed costs; providing for severability; providing for ordinances in conflict; and providing for an effective date.3/5 (Acting City Manager) 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. 13-10-2038 5/4/10 An ordinance of the Mayor and City Commission of the City of South Miami, Florida authorizing the Acting City Manager to finance the purchase of four (4) nine (9) 2010 Ford Crown Victoria Police Interceptors for a total amount of $101,360.00 $228,060.00 and accepting the interest rate of 3.08% for a five (5) year financing term through Suntrust Bank with twenty (20) quarterly payments in the amounts of $5,487.70 $12,378.72 and charging to the Police Department’s Vehicle Lease/Purchase Account Number 001-1910-521-4450; Providing for severability, ordinances in conflict, and an effective date. 4/5 (Acting 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. 14-10-2039 5/18/10 An ordinance of the Mayor and City Commission of the City of South Miami, Florida, related to the Code of Ordinances, amending Section 2.26.12 (a) and (c) entitled "Green Task Force," in order to amend the membership composition of the Task Force; providing for severability, ordinances in conflict; and providing an effective date. 3/5 ORD. NO. ADOPTION DESCRIPTION 2010 ORDINANCE Page 5 of 15 INDEX (Mayor Stoddard) Moved by Mayor Stoddard, seconded by Vice Mayor Newman, the motion to approve this item passed by a 4-0 vote. Commissioner Beasley: Absent; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Nay; Mayor Stoddard: Yea. 15-10-2040 6/2/10 An ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to Chapter 8A of the City Code, repealing Section 8A-2.1 of the Code of Ordinances entitled “Code of Conduct for all Public Officials and Board Members”; providing for severability, ordinances in conflict, and an effective date. 3/5 (Vice Mayor Newman) 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: Absent; Mayor Stoddard: Yea. 16-10-2041 8/3/10 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the City Charter by establishing term limits for the Mayor and City Commission, subject to approval by the electorate at a referendum to be held on November 2, 2010; providing ballot language; directing the City Clerk to take all necessary actions to carry out the provisions of this ordinance; providing an effective date for the amendment and directing the City Clerk to incorporate the amendment into the Charter and to file the revised charter with the Florida Department of State; providing for severability, conflict, and an effective date. 3/5 (Mayor Stoddard) Moved by Commissioner Beasley, seconded by Mayor Stoddard, the motion to approve this item passed by a 4-1 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Nay; Mayor Stoddard: Yea. 17-10-2042 8/17/10 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, proposing to the City’s electors amendments to Articles III and VI of the City’s Charter to provide that all department directors appointed by the City Manager shall be subject to the approval or rejection by the City Commission; providing for the proposed amendment to be submitted to the City’s electors at the next General Election of November 2, 2010; providing ballot language; directing the City Clerk to take all necessary actions to carry out the provisions of this ordinance; providing an effective date for the amendment and directing the City Clerk to incorporate the amendment into the charter and to file the revised Charter with the Florida ORD. NO. ADOPTION DESCRIPTION 2010 ORDINANCE Page 6 of 15 INDEX Department of State; providing for severability, conflict, and an effective date. 3/5 (Mayor Stoddard) Moved by Commissioner Beasley, seconded by Mayor Stoddard, the motion to approve this item as amended passed by a 3-2 vote. Commissioner Beasley: Nay; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Nay; Mayor Stoddard: Yea. 18-10-2043 9/7/10 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the South Miami Code of Ordinances by creating Chapter 19A “Towing Regulations”, regulating towing within the City; providing for conflict, severability and an effective date. (Approved 1st Reading 07/27/10) 3/5 (Commissioner Beasley) 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. 19-10-2044 9/7/10 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida relating to Article III “Boards and Committees” of the Code of Ordinances; amending Parks and Recreation Board section 2-26.3 (a) and (c) by increasing the number of voting members from seven (7) to nine (9); updating appointment of membership to comply with Charter amendment approved by the voters at the February 9, 2010 General and Special Election; and, by amending the quorum; providing for severability, ordinances in conflict, and an effective date. 3/5 (Mayor Stoddard) 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. 20-10-2045 9/7/10 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 7221 SW 58 Avenue (aka Bougainvillea Tavern) and legally described as being a portion of Lots 51 and 52, less east 50 feet, in W.A. Larkin’s Subdivision, recorded in Plat Book 3, page 198 of Miami-Dade County Public Records, 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 1stRead.4/6/10) 4/5 ORD. NO. ADOPTION DESCRIPTION 2010 ORDINANCE Page 7 of 15 INDEX (Motion to continue 4/19/10; Pulled from Agenda 6/02/10) (Acting City Manager) Moved by Vice Mayor Newman, seconded by Commissioner Beasley, the motion to approve this item passed by a 4-1 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Nay; Mayor Stoddard: Yea. 21-10-2046 9/7/10 An Ordinance of the Mayor and City Commission of the City of South Miami Florida, amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from Single-Family Residential (Two- Story) to Parks and Open Space for the property identified as All-America 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. 4/5 (Acting 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. 22-10-2047 9/7/10 An Ordinance of the Mayor and City Commission of the City of South Miami by changing the future land use category from Single-Family Residential (Two-Story) to Parks and Open Space 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. 4/5 (Acting City Manager) Moved by Commissioner Beasley, seconded by Mayor Stoddard, the motion to approve this item passed by a 4-1 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Nay; Mayor Stoddard: Yea. 23-10-2048 9/7/10 An Ordinance of the Mayor and City Commission of the City of South Miami Florida, amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from Educational (Four-Story) to Single-Family Residential (Two-Story) 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. 4/5 (Acting City Manager) Moved by Commissioner Beasley, seconded by Mayor Stoddard, the motion to approve this item passed by a 4-1 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Nay; Mayor Stoddard: Yea. 24-10-2049 9/7/10 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend Section 20-6.1 (a)(3) of the Land Development ORD. NO. ADOPTION DESCRIPTION 2010 ORDINANCE Page 8 of 15 INDEX Code entitled “Administrative Entities-City Commission” in order to revise provisions related to the vote requirement of the City Commission on ordinances and resolutions pertaining to the land use and development regulations in order to make the voting requirement consistent with the Charter Amendment adopted November 4, 2008 and with the interpretation of the Charter Amendment as set forth in Resolution No. 53-10-13087; providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (Acting 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. 25-10-2050 9/7/10 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend Section 20-5.16(F) of the Land Development Code entitled “Unity of Title submittal procedures” in order to remove all references to a Declaration of Restrictive Covenants in Lieu of Unity of Title and subsection 20-5.16(F) entitled “Required provisions to be included in the Declaration of Restrictive Covenants in Lieu of Unity of Title”; amending Section 20-7.30 (A) and Section 20-8.16 (A) to remove all references to a Declaration of Restrictive Covenants in Lieu of Unity of Title; providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (Mayor Stoddard) 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. 26-10-2051 9/7/10 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20-8.9 entitled “Special exceptions” in order to set a time limit for commencing 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 (Acting 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. ORD. NO. ADOPTION DESCRIPTION 2010 ORDINANCE Page 9 of 15 INDEX 27-10-2052 9/21/10 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 Group Home I use category from a “P” Permitted use category to the “S” Special Use category; and amending Section 20-3.4 entitled “Special use conditions” in order to set forth general and special requirements applicable to Group Home I uses; providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (City Manager) Moved by Mayor Stoddard, seconded by Commissioners Beasley and 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. 28-10-2053 9/21/10 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend Section 20-5.19(E)(3) of the Land Development Code entitled “Certificates of Appropriateness” in order to modify subsection (3) to provide that decisions of the Historic Preservation Board on certificates of appropriateness to be final; and providing for an appeal of any decisions on certificates of appropriateness to be made to the City Commission; providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (City Manager) 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. 29-10-2054 9/21/10 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, modifying chapter 13 of the City Code to substitute the term Business Tax Receipt for occupational license tax to conform with the term used in Chapter 205 F.S.; providing for severability, conflict and an effective date. 3/5 (City Manager) Moved by Mayor Stoddard, seconded by Commissioners 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. 30-10-2055 9/28/10 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, levying the millage of 4.9526 which is 3.74% lower than the rollback rate of 5.1452 and resulting in 0.00% change in property tax rate in the City of South Miami, Florida, for the fiscal year 2010/2011; ORD. NO. ADOPTION DESCRIPTION 2010 ORDINANCE Page 10 of 15 INDEX providing for severability, ordinances in conflict and an effective date. 3/5 (City Manager) Moved by Commissioners 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. 31-10-2056 9/28/10 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, adopting a Capital and Operating budget of $19,491,034 and pay plan for the fiscal year 2010/2011; providing for severability; ordinances in conflict; and an effective date. 3/5 (City Manager) Moved by Commissioners 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. 32-10-2057 10/5/10 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to an amendment to the South Miami Code of Ordinances Section 15C-1 entitled “Valet Parking Permits for Use of Public Property” in order to remove a provision in Sec. 15C-1(2)(b) which sets forth a specific rental fee for use of public on-street curbside spaces; the rental fee to be placed in the City’s Permit Fee Schedule; 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 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. 33-10-2058 10/5/10 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, 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 “Mixed Use-Affordable Housing (Two story)” which in the future could be applied to development projects providing affordable housing units and commercial uses; providing an effective date; providing for severability, providing for ordinances in conflict; and providing an effective date. 4/5 (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. 34-10-2059 10/5/10 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20-3.1 entitled ORD. NO. ADOPTION DESCRIPTION 2010 ORDINANCE Page 11 of 15 INDEX “Zoning Use Districts and Purposes” and amending Section 20-3.3(D) entitled “Permitted Use Schedule” and Section 20-3.5(F) entitled “Dimensional Requirements Multi-Family Districts” in order to create a “MU-AH”, Mixed Use- Affordable Housing (Two story) Zoning Use District and to describe the purpose of the district, set forth uses permitted, and establish dimensional requirements, all for a zoning use district which in the future could be applied to development projects providing affordable housing units and commercial uses; 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. 35-10-2060 10/5/10 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20-3.5(E), entitled “Dimensional Standards Single Family Districts” by transferring all provisions related to two story single family structures to existing Section 20-3.5(H), entitled “Special dimensional and performance standards for two-story single structure and two-story additions”; and making technical adjustments to Section 20-3.5(H); 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. 36-10-2061 10/5/10 An Ordinance of the Mayor and City Commission of the City of South Miami Florida, amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from Mixed-Use Commercial Residential (Four Story) to Parks and Open Space for the three properties 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. 4/5 ORD. NO. ADOPTION DESCRIPTION 2010 ORDINANCE Page 12 of 15 INDEX (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. 37-10-2062 10/5/10 An Ordinance of the Mayor and City Commission of the City of South Miami Florida, amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from Single-Family Residential (Two- Story) to Parks and Open Space 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. 4/5 (City Manager-Planning Dept) Moved by Commissioner Palmer, 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. 38-10-2063 10/19/10 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida 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, final average compensation, department head, employee, full time employee, participation and part-time employee; amending Section 16-14(f}(1)(b) to allow retired participants to change a beneficiary up to two times at the participant's cost in compliance with Chapter 2009-97, Laws of Florida; amending the City of South Miami Police Officers Retirement Trust Fund to provide for compliance with chapter 2009-97, Laws of Florida; amending Section 16-17lbl to eliminate the 3% interest payment on return of contribution; providing for severability; providing for codification; and providing for an effective date. 3/5 (City Manager-Pension Attorney) Moved by Commissioner Beasley, seconded by Mayor Stoddard, 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. 39-10-2064 10/19/10 An ordinance of the Mayor and City Commission of the City of South Miami Florida, amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from Single-Family Residential (Two- Story) to Parks and Open Space for the property ORD. NO. ADOPTION DESCRIPTION 2010 ORDINANCE Page 13 of 15 INDEX 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. 4/5 (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. 40-10-2065 10/19/10 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 as amended by Ordinances to include a new Parking Division Fee Schedule, increasing some parking fees, adding new fees and deleting some fees from the schedule, providing for severability, Ordinances in conflict, and providing an effective date. 3/5 (City Manager-Finance 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. 41-10-2066 10/19/10 An ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to Chapter 5 of the City Code, amending Sections 5- 2, 5-2.1, 5-2.2, 5-2-3 and 5-2.4 and creating 5- 2.5 through 5-2.12 of the Code of Ordinances entitled “Poultry and fowl”, now to be entitled “Chickens”; providing for the maintaining of well-mannered chickens under certain terms and conditions; creating enforcement procedures; providing for severability, ordinances in conflict, and an effective date. 3/5 (Mayor Stoddard-City Attorney) Moved by Commissioner Beasley, seconded by Commissioner Palmer, 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. 42-10-2067 10/19/10 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, 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 Affordable Multiple-Family Residential (Two story)” which in the future could be applied to development projects and properties providing multiple-family housing units or town home units in transitional residential areas; providing for severability, ORD. NO. ADOPTION DESCRIPTION 2010 ORDINANCE Page 14 of 15 INDEX providing for ordinances in conflict; and providing an effective date. 4/5 (City Manager-Planning Dept) Moved by Commissioner Beasley, seconded by Commissioner Palmer, the motion to approve this item passed by a 4-1 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Nay; Mayor Stoddard: Yea. 43-10-2068 10/19/10 An Ordinance of the Mayor and City Commission of the City of South Miami Florida, amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Mixed-Use Commercial Residential (Four Story) to Mixed Use-Affordable Housing (Two Story) for an area identified as a part of the proposed Madison Square Development Project generally located at the southeast corner of SW 64th Street and SW 60th Avenue and the southeast corner of SW 64th Street and SW 59th Place including properties more specifically legally described in Section 1 of this ordinance; providing for severability; providing for ordinances in conflict; and providing an effective date. 4/5 (City Manager-Planning Dept) Moved by Commissioner Beasley, seconded by Mayor Stoddard, the motion to approve this item passed by a 4-1 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Nay; Mayor Stoddard: Yea. 44-10-2069 10/19/10 An Ordinance of the Mayor and City Commission of the City of South Miami Florida, amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Mixed-Use Commercial Residential (Four Story) to Residential / Limited Commercial District (Two Story) for an area identified as all properties facing the west side of SW 62 Avenue from SW 64th Street to SW 69th Street including 6914 SW 62nd Avenue said properties more specifically legally described in Section 1 of this ordinance; providing for severability; providing for ordinances in conflict; and providing an effective date. 4/5 (City Manager-Planning Dept) Moved by Commissioner Beasley, seconded by Mayor Stoddard, the motion to approve this item passed by a 4-1 vote. Commissioner Beasley: Yea; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Nay; Mayor Stoddard: Yea. 45-10-2070 11/1/10 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the City Code by creating Sec. 2-8.1 to authorize the use of cooperative purchasing to acquire goods ORD. NO. ADOPTION DESCRIPTION 2010 ORDINANCE Page 15 of 15 INDEX and services required by the City; Providing for conflict and an effective date. 3/5 (Mayor Stoddard) Moved by Commissioner Harris, seconded by Commissioner Palmer, the motion to approve this item passed by a 4-0 vote. Commissioner Beasley: Out of the Room; Vice Mayor Newman: Yea; Commissioner Harris: Yea; Commissioner Palmer: Yea; Mayor Stoddard: Yea. 46-10-2071 12/7/10 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Chapter 2, Article I, Section 2-2.1 (G) (5) of the Code of Ordinances to require motions for reconsideration to be made only during the same meeting at which the item is considered; providing for severability, conflicts and an effective date. 3/5 (Vice Mayor Newman) 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. 47-10-2072 12/7/10 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 Group Home II use category from a “P” Permitted Use category to the “S” Special Use category for zoning use districts; and amending Section 20-3.4(B)(15) entitled “Special use conditions” in order to include Group Home II as subject to the same special requirements currently applicable to Group Home I uses; 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. 48-10-2073 12/7/10 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend Section 20-4.4 (D) of the Land Development Code entitled “Required Handicapped Spaces” in order to revise current wording to indicate that all required handicapped parking spaces are regulated by the Florida Building Code; 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.