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2007 Ordinance Index-aORD. NO. ADOPTION DESCRIPTION 2007 ORDINANCE Page 1 of 12 INDEX 01-07-1902 1/09/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FRANCHISES; AUTHORIZING THE RENEWAL REQUEST BY ATLANTIC BROADBAND, L.L.C. FOR A TEN YEAR RENEWAL TERM, WITH A AUTOMATIC RENEWAL TERM AN OPTION TO RENEW FOR AN ADDITIONAL FIVE YEAR TERM; PROVIDING FOR A FIVE PERCENT FRANCHISE FEE AS PROVIDED UNDER STATE AND FEDERAL LAW; PROVIDING FOR STANDARDS OF INSURANCE; PROTOCOL FOR PROVIDING SERVICES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 4/5 (City Manager) Moved by Commissioner Palmer, 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. 02-07-1903 1/23/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DRAINAGE; AMENDING SECTION 10A-45 OF THE CITY’S CODE IN ORDER TO REQUIRE PROPERTIES TO RETAIN STORMWATER DRAINAGE ON SITE SO AS TO PREVENT DEVELOPMENT THAT WOULD RESULT IN CONTRIBUTING TO OR CAUSING RECURRENT OR EXCESSIVE PONDING ON ADJOINING PROPERTIES OR PUBLIC RIGHTS-OF-WAY AND TO AMEND THE PERMITTING PROCESS SO AS TO ENSURE PROPER REVIEW AND DRAINAGE; 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 4-0 vote. Vice Mayor Wiscombe: Yea; Commissioner Birts: Yea; Commissioner Palmer: Absent; Commissioner Beckman: Yea; Mayor Feliu: Yea. 03-07-1904 2/06/07 A ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ESTABLISHING INTERIM DEVELOPMENT REGULATIONS APPLICABLE TO DEVELOPMENT APPROVALS FOR SINGLE FAMILY RESIDENTIAL STRUCTURES; AUTHORIZING THE COMPLETION OF A STUDY RELATING TO “MC MANSIONS”; STAYING ALL RESIDENTIAL CONSTRUCTION OF TWO-STORY HOMES FOR THE EIGHT THREE MONTH PERIOD TO COMPLETE THE STUDY AND ANALYSIS OF THE SITUATION; PROVIDING FOR A WAIVER OF THE CONSTRUCTION STAY AFTER REVIEW BY ERPB AND CITY COMMISSION; PROVIDING CRITERIA FOR WAIVER PROCESS; AND EXPANDING THE POWERS OF THE ERPB BY AMENDING SUBSECTION 20-6.1(C)(3)(f); PROVIDING SEVERABILITY ORDINANCE IN CONFLICT, AND AN; EFFECTIVE DATE. 3/5 (Vice Mayor Wiscombe) ORD. NO. ADOPTION DESCRIPTION 2007 ORDINANCE Page 2 of 12 INDEX 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. 04-07-1905 2/20/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20-5.16 OF THE LAND DEVELOPMENT CODE RELATING TO UNITY OF TITLE; CREATING SUBSECTION 20-5.16(F) TO PROVIDE FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.3/5 (Deferred 01/23/07) (City Manager) Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe, the motion to approve this item as amended passed by a 4-1 vote. Vice Mayor Wiscombe: Yea; Commissioner Birts: Yea; Commissioner Palmer: Nay; Commissioner Beckman: Yea; Mayor Feliu: Yea. 05-07-1906 2/20/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTIONS 20-7.30 AND 20-8.16 RELATING TO UNITY OF TITLE; PROVIDING FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Deferred 01/23/07) (City Manager) Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe, the motion to approve this item passed by a 4-1 vote. Vice Mayor Wiscombe: Yea; Commissioner Birts: Yea; Commissioner Palmer: Nay; Commissioner Beckman: Yea; Mayor Feliu: Yea. 06-07-1907 3/6/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DRAINAGE; AMENDING SECTION 20-4.7 OF THE CITY’S LAND DEVELOPMENT CODE IN ORDER TO CORRECT THE TITLE TO REFLECT “MINIMUM STANDARDS” FOR ALL CONSTRUCTION AND NOT JUST IDENTIFYING MINIMUM HOUSING STANDARDS; MODIFYING SUBSECTION (C) IN ORDER TO SPECIFICALLY REQUIRE ALL PROPERTIES TO RETAIN STORMWATER DRAINAGE ON SITE SO AS TO PREVENT DEVELOPMENT THAT WOULD RESULT IN CONTRIBUTING TO OR CAUSING RECURRENT PONDING ON ADJOINING PROPERTIES OR PUBLIC RIGHTS-OF-WAY; AND ELIMINATING SUBSECTION (J) ENTITLED “CERTIFICATE OF OCCUPANCY RELATING TO REHABILITATION AREAS AS NO SUCH CERTIFICATE IS USED IN THE CITY, AND AS REHABILITATION AREA IS NOT DEFINED; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Mayor Feliu) ORD. NO. ADOPTION DESCRIPTION 2007 ORDINANCE Page 3 of 12 INDEX Moved by Commissioner Beckman, seconded by Vice Mayor Wiscombe, 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. 07-07-1908 3/20/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE PERMITTED USE SCHEDULE BY AMENDING SECTION 20- 3.3(D) AND SECTION 20-7.12 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO ALLOW A BOWLING ALLEY/ RESTAURANT/ ENTERTAINMENT CENTER AS A PERMITTED USE SPECIAL USE IN THE SR(HD-OV) SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONE DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 4/5 (City Manager) Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe, 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. 08-07-1909 4/3/07 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 5800 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. (Deferred 03/06/07 * 03/20/07) 3/5 (City Manager) Moved by Mayor Feliu, seconded by Commissioner Palmer, 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. 09-07-1910 4/24/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20-4 OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO CREATE SECTION 20-4.12 ENTITLED “REGULATIONS PERMITTING DOGS IN OUTDOOR SEATING AREAS OF PUBLIC FOOD SERVICE ESTABLISHMENTS”; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe, the motion to approve this item passed by a 4-1 vote. Vice Mayor Wiscombe: Yea; Commissioner Birts: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Nay; Mayor Feliu: Yea. ORD. NO. ADOPTION DESCRIPTION 2007 ORDINANCE Page 4 of 12 INDEX 10-07-1911 5/1/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20-4.3 SIGN REGULATIONS OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO REGULATE THE PLACEMENT OF BANNER SIGNS OVER PUBLIC STREETS; PROVIDING FOR APPLICATION REQUIREMENTS, DISPLAY LIMITATIONS, APPLICATION FEES AND AN APPROVAL PROCESS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) Moved by Vice Mayor Wiscombe, seconded by Commissioner Birts, 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. 11-07-1912 5/1/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20-7.6 ENTITLED “PARKING” OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO REPLACE PROVISIONS RELATING TO THE HOMETOWN DISTRICT PARKING COMMITTEE AND SUBSTITUTING REFERENCES TO THE NEWLY CREATED PARKING BOARD; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe and 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. 12-07-1913 5/1/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FRANCHISES; AUTHORIZING THE EXECUTION OF A NONEXCLUSIVE FRANCHISE AGREEMENT WITH WASTE SERVICES OF FLORIDA, INC. (WSI) FOR AN INITIAL ONE YEAR PERIOD, RENEWABLE FOR SUCCESSIVE ONE YEAR PERIODS, UPON APPLICATION OF THE FRANCHISEE, AND APPROVAL OF THE APPLICATION BY THE CITY COMMISSION. PUBLIC HEARING; PROVIDING FOR A $5,000 ANNUAL FEE TO THE CITY; AND A 20% PAYMENT OF THE FRANCHISEES’ GROSS RECEIPTS TO THE CITY; PROVIDING FOR STANDARDS OF INSURANCE; PROTOCOL FOR PROVIDING SERVICES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. (Approved on first reading 4/03/07) 4/5 (City Manager) Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe and 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. ORD. NO. ADOPTION DESCRIPTION 2007 ORDINANCE Page 5 of 12 INDEX 13-07-1914 5/22/07 AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AD VALOREM TAXATION; AMENDING CHAPTER 18 RELATING TO TAXATION TO AMEND THE SENIOR CITIZEN EXEMPTION, AD VALOREM TAX BREAK TO PROVIDE QUALIFIED INDIVIDUALS OVER THE AGE OF 65, WITH AN ANNUAL INCOME UNDER $20,000 AND HOMESTEAD RESIDENCE WITHIN CITY LIMITS WITH A $50,000 AD VALOREM TAX BREAK (PRIOR EXEMPTION WAS FOR $25,000); PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Mayor Feliu) 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. 14-07-1915 6/5/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20-8.8(D) ENTITLED “GARAGES IN MU-5 ” OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO CLARIFY PROVISIONS RELATED TO THE LOCATION OF PARKING GARAGES IN DEVELOPMENT PROJECTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5 (Commissioner Beckman) Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe, the motion to approve this item passed by a 3-2 vote. Vice Mayor Wiscombe: Yea; Commissioner Birts: Nay; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Nay. 15-07-1916 6/5/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING REGULATIONS PERTAINING TO BONUSES AND PARKING REDUCTIONS IN THE TRANSIT ORIENTED DEVELOPMENT DISTRICT AND IN THE HOMETOWN OVERLAY ZONE IN ORDER TO REQUIRE APPROVAL BY A FOUR/FIFTHS VOTE OF THE CITY COMMISSION AND SUSPENDING CERTAIN PROVISIONS THAT ALLOW FOR THE REDUCTION OF REQUIRED PARKING SPACES, FOR A PERIOD OF NINE MONTHS, THEREBY ENABLING THE CITY TO EVALUATE RECOMMENDATIONS OF THE ZONING TASK FORCE, PARKING BOARD, AND THE PLANNING BOARD PERTAINING TO THE REDUCTION OF REQUIRED PARKING SPACES AND TO PREPARE NECESSARY AMENDMENTS; 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. 3/5 (Commissioner Beckman) 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; ORD. NO. ADOPTION DESCRIPTION 2007 ORDINANCE Page 6 of 12 INDEX Commissioner Birts: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 16-07-1917 6/5/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING CHAPTER 14 ENTITLED “EMERGENCY MANAGEMENT;” CREATING SECTION 14-5.1 ENTITLED WATER CONSERVATION AND EMERGENCY WATER RESTRICTION ENFORCEMENT; PROVIDING FOR CODE ENFORCEMENT AND POLICE ENFORCEMENT OF EMERGENCY WATER RESTRICTION DECLARATIONS ISSUED BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT; PROVIDING FOR POLICE ENFORCEMENT VIA CRIMINAL PROCESS OF STATE LAW; AND DIVISION OF CODE COMPLIANCE ENFORCEMENT THROUGH THE CITY’S CIVIL CITATION SYSTEM UNDER SECTION 2-21, OF THE CITY’S CODE OF ORDINANCES; PROVIDING FOR FINES AND APPEAL PROCESS; PROVIDING FOR ORDINANCES IN CONFLICT, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. 3/5 (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. 17-07-1918 6/5/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS AND COMMITTEES; AMENDING SEC.2-26.8 OF THE CODE OF ORDINANCES, ENTITLED “BUDGET AND FINANCE COMMITTEE; AMENDING MEMBERSHIP TERM; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING 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: ea; Mayor Feliu: Yea. Y 18-07-1919 6/5/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE AD VALOREM TAXATION; AMENDING CHAPTER 18 RELATING TO TAXATION TO AMEND THE SENIOR CITIZEN EXEMPTION, AD VALOREM TAX BREAK TO PROVIDE QUALIFIED INDIVIDUALS OVER THE AGE OF 65, WITH AN ANNUAL INCOME UNDER $20,000 AND HOMESTEAD RESIDENCE WITHIN THE CITY LIMITS WITH A $50,000. AD VALOREM TAX BREAK (PRIOR EXEMPTION WAS FOR $25,000); PROVIDING FOR SEVERALBILITY, 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; ORD. NO. ADOPTION DESCRIPTION 2007 ORDINANCE Page 7 of 12 INDEX Commissioner Birts: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Yea; Mayor Feliu: Yea. 19-07-1920 6/5/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ESTABLISHING INTERIM DEVELOPMENT REGULATIONS APPLICABLE TO DEVELOPMENT APPROVALS FOR SINGLE FAMILY RESIDENTIAL STRUCTURES; AUTHORIZING THE COMPLETION OF A STUDY RELATING TO “MC MANSIONS”; STAYING ALL RESIDENTIAL CONSTRUCTION OF TWO-STORY HOMES FOR A THREE (3) MONTH PERIOD TO COMPLETE THE STUDY AND ANALYSIS OF THE SITUATION; PROVIDING FOR A WAIVER OF THE CONSTRUCTION STAY AFTER REVIEW BY ERPB AND CITY COMMISSION; PROVIDING CRITERIA FOR WAIVER PROCESS; AND EXPANDING THE POWERS OF THE ERPB BY AMENDING SUBSECTION 20-6.1(C)(3)(f); PROVIDING SEVERABILITY ORDINANCE IN CONFLICT, AND AN; EFFECTIVE DATE. 3/5 (Vice Mayor Wiscombe) 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. 20-07-1921 6/12/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO RECREATION; AMENDING SECTION 2-26.3 OF THE CODE OF ORDINANCE BY CHANGING THE NAME OF THE RECREATION AND CULTURAL AFFAIRS BOARD TO THE PARK AND RECREATION BOARD; SETTING FORTH GUIDELINES BY WHICH THE BOARD SHALL BE GOVERNED; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Commissioner Birts) Moved by Commissioner Palmer, seconded by Vice Mayor Wiscombe, the motion to approve this item passed by a 4-0 vote. Vice Mayor Wiscombe: Yea; Commissioner Birts: Yea; Commissioner Palmer: Yea; Commissioner Beckman: Absent; Mayor Feliu: Yea. 21-07-1922 6/12/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING SECTION 8A OF THE CITY’S CODE OF ORDINANCES ENTITLED “CODE OF ETHICS” TO INCLUDE A NEW SECTION 8A-2, WHICH SECTION SHALL BE ENTITLED: “CODE OF CONDUCT FOR ALL PUBLIC OFFICIALS”; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.3/5 (Deferred 03/20/07; 4/03/07; 04/24/07; 06/05/07) (Mayor Feliu and Commissioner Beckman) Moved by Mayor Feliu, seconded by Commissioner Birts, the motion to approve this item as amended passed by a 3-1 vote. Vice Mayor Wiscombe: Yea; Commissioner Birts: Yea; Commissioner Palmer: Nay; Commissioner Beckman: Absent; Mayor Feliu: Yea. ORD. NO. ADOPTION DESCRIPTION 2007 ORDINANCE Page 8 of 12 INDEX 22-07-1923 8/21/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20-6.1(D) OF THE LAND DEVELOPMENT CODE IN ORDER TO INCREASE THE NUMBER OF HISTORIC PRESERVATION BOARD MEMBERS FROM SEVEN TO NINE AND TO DESIGNATE THAT TWO MEMBERS OF THE HISTORIC PRESERVATION BOARD SHALL BE REGISTERED ARCHITECTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner Palmer, seconded by Vice Mayor Wiscombe and 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. 23-07-1924 8/21/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTION 20-5.6 OF THE LAND DEVELOPMENT CODE IN ORDER TO PROVIDE A PROCEDURE FOR THE DEFERRAL OF AN APPLICATION SCHEDULED FOR PUBLIC HEARING; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) 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. 24-07-1925 8/21/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ALARM SYSTEMS; AMENDING SECTION 15-4.7 ENTITLED “FALSE ALARM SERVICE CHARGES, ENFORCEMENT AND REVOCATION PROVISIONS” BY EXEMPTING SENIOR CITIZENS FROM FALSE ALARM CHARGES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Mayor Feliu) Moved by Commissioner Palmer, seconded by Vice Mayor Wiscombe and Commissioner Birts, 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. 25-07-1926 9/4/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO GRAFFITI; AMENDING CHAPTER 15 ENTITLED “OFFENSES AND MISCELLANEOUS PROVISIONS” IN ORDER TO CREATE SECTION 15-100 ENTITLED “MALICIOUS DEFACEMENT, MARKING OF REAL PROPERTY;” PROVIDING FOR ENFORCEMENT AND REVOCATION PROVISIONS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Vice Mayor Wiscombe) ORD. NO. ADOPTION DESCRIPTION 2007 ORDINANCE Page 9 of 12 INDEX Moved by Mayor Feliu, seconded by Commissioner Palmer, 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. 26-07-1927 9/4/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATED TO THE CITY OF SOUTH MIAMI CITY CODE, CREATING SECTION 2.26.12 ENTITLED “GREEN TASK FORCE,” IN ORDER TO CREATE A GREEN BUILDING COMMITTEE FOR THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Feliu) 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. 27-07-1928 9/4/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND DEVELOPMENT CODE BY INCORPORATING A NEW SECTION 20-3.5(H) ENTITLED “SPECIAL DIMENSIONAL AND PERFORMANCE STANDARDS FOR TWO-STORY SINGLE FAMILY STRUCTURES AND TWO-STORY ADDITIONS”; PROVIDING STANDARDS FOR LOT COVERAGE, MINIMUM YARD SETBACK, FLOOR AREA RATIO, MAXIMUM BUILDING HEIGHT, MAXIMUM BUILDING COVERAGE, MAXIMUM IMPERVIOUS COVERAGE; ARCHITECTURAL AND SITE PLAN REVIEW AND LANDSCAPE REQUIREMENTS; PROVIDING SEVERABILITY; ORDINANCE IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Vice Mayor Wiscombe) Moved by Vice Mayor Wiscombe, seconded by Commissioner Birts, 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. 28-07-1929 9/25/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, LEVYING THE MILLAGE OF 5.881 4.818 WHICH EXCEEDS WHICH IS 5% LESS THAN THE ROLLBACK RATE BY 15.96% AND RESULTING IN 0% CHANGE 18.075% DECREASE IN PROPERTY TAX RATE IN FOR THE CITY OF SOUTH MIAMI, FLORIDA, FOR THE FISCAL YEAR 2007/2008; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe, 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. 29-07-1930 9/25/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A ORD. NO. ADOPTION DESCRIPTION 2007 ORDINANCE Page 10 of 12 INDEX BUDGET OF $22,343,103 $20,819,981 AND PAY PLAN FOR THE FISCAL YEAR 2007/2008; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND 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. 30-07-1931 11/6/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE A FORD F-250 PICK-UP TRUCK, A DUMP TRUCK, WATER TRUCK AND A FORD F250 SERVICE TRUCK FOR $202,944.17 AND ACCEPTING THE INTEREST RATE OF 4.15% FOR THE FINANCING OF THE PUBLIC WORKS DEPARTMENT’S VEHICLES THROUGH BANK OF AMERICA WITH THE FIRST YEAR’S INSTALLMENT PAYMENT OF FIVE PAYMENTS NOT TO EXCEED $43,954.86, TO BE CHARGED TO ACCOUNT NUMBERS 001- 1720-534-4455, 001-1730-541-4455 AND 001-1760- 519-4455; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5 (City Manager) Moved by Vice Mayor Wiscombe, seconded by Mayor Feliu, 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. 31-07-1932 11/27/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE YEAR 2008 GENERAL ELECTION OF THE MAYOR AND CITY COMMISSIONERS FOR GROUPS, II AND III; 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 Mayor Feliu, seconded by Commissioner Palmer, 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. 32-07-1933 12/18/07 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 5893 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP-OV) ORD. NO. ADOPTION DESCRIPTION 2007 ORDINANCE Page 11 of 12 INDEX 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 (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. 33-07-1934 12/18/07 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 CONTROLLED PARKING RESIDENTIAL ZONES; PROVIDING ELIGIBILITY AND CRITERIA FOR ESTABLISHING CONTROLLED PARKING RESIDENTIAL ZONES; PROVIDING PROCEDURE FOR DETERMINING CONTROLLED PARKING RESIDENTIAL ZONES; PROVIDING ISSUANCE OF SPECIAL PARKING PERMITS UPON APPLICATION; PROVIDING PRIVILEGES AND RESTRICTIONS ON RESIDENTIAL PERMITS AND PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5 (Deferred 11/27/07 & 12/04/07) (City Manager) Moved by Mayor Feliu, seconded by Vice Mayor Wiscombe, 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. 34-07-1935 12/18/07 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SOLID WASTE; AMENDING CHAPTER 11, SECTIONS 11-2 THROUGH 11-17; PROVIDING FOR ISSUING NON- EXCLUSIVE FRANCHISES FOR COMMERCIAL SOLID WASTE COLLECTION; PROVIDING DEFINITIONS AND FRANCHISE NOT TO CONSTITUTE A PROPERTY RIGHT; PROVIDING FOR TRANSFERABILITY OF FRANCHISES; PROVIDING FOR FIVE YEAR FRANCHISES; LIMITATIONS ON CONTRACTS; PROVISION OF LICENSING FEES FOR TEMPORARY ROLLOFF CONTAINERS AND HAZARDOUS, BIO-HAZARDOUS WASTE OR SPECIALIZED WASTE COLLECTORS; APPLICATION PROCEDURES; FEES, REPORTING REQUIREMENTS, INSURANCE, SERVICE STANDARDS, PROVIDING FOR CODE ENFORCEMENT PROCEDURES; APPEAL OF CITY MANAGER DECISION TO DENY FRANCHISE TO BE HEARD BY CITY COMMISSION; ENFORCEMENT AND REGULATIONS; SCHEDULES AND ROUTES, TERMINATION; ENFORCEMENT AND ADMINISTRATIVE FINES; PROVIDING FOR ORD. NO. ADOPTION DESCRIPTION 2007 ORDINANCE Page 12 of 12 INDEX SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Approved on 1st Reading 11/27/07) (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.