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
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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
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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
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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
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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.