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2005 Ordinance IndexORD. NO. ADOPTION DESCRIPTION 2005 ORDINANCE Page 1 of 15 INDEX 01-05-1823 2/1/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING PHASE II PLAN SUPPLEMENT AS UPDATING AND MODIFYING THE SOUTH MIAMI COMMUNITY REDEVELOPMENT PLAN AND PROVIDING FOR TRANSMITTING THE PLAN TO THE MIAMI- DADE COUNTY BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR FURTHER ACTIONS TO IMPLEMENT THE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Vice Mayor Palmer, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 4-0 vote: Commissioner Wiscombe: Yea; Vice Mayor Palmer: Yea; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Absent; Mayor Russell: Yea. 02-05-1824 2/1/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ALARM SYSTEMS; REPEALING SECTION 15-4 IN ITS ENTIRETY AND CREATING A NEW AMENDING SECTION 15- 4-1 THROUGH 15-4-10 ENTITLED BURGLARY AND ROBBERY ALARM; PROVIDING FOR ALARM PERMITTING, PERMITTING FEES AND FINES FOR NON-COMPLIANCE, ISSUANCE OF FALSE ALARM REPORTS AND APPEALS OF FALSE ALARM REPORTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Mayor Russell) Moved by Vice Mayor Palmer, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 4-0 vote: Commissioner Wiscombe: Yea; Vice Mayor Palmer: Yea; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Absent; Mayor Russell: Yea. 03-05-1825 2/15/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; APPROVING A LEASE AGREEMENT BETWEEN THE CITY AND MARK RICHMAN PROPERTIES, INC., FOR THE LEASE BY MRP OF CERTAIN CITY PROPERTY AND THE CO-DEVELOPMENT OF A PARKING STRUCTURE PROJECT AT SW 73 STREET BETWEEN SW 58 COURT AND 58 AVENUE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 4/5 (City Manager) Moved by Commissioner Sherar, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 5-0 vote: Commissioner Wiscombe: Yea; Vice Mayor Palmer: Yea; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Mayor Russell: Yea. 04-05-1826 2/15/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY AMENDING SECTION 20- 3.7(E)(1)(c) ENTITLED “”MIXED USE (PUD-M)” IN ORDER TO CORRECT A TECHNICAL ERROR RELATED TO THE MAXIMUM DISTANCE FROM A PLANNED UNIT DEVELOPMENT MIXED USE PROJECT AND THE METRORAIL STATION; ORD. NO. ADOPTION DESCRIPTION 2005 ORDINANCE Page 2 of 15 INDEX PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner Sherar, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 4-0 vote: Commissioner Wiscombe: Yea; Vice Mayor Palmer: Out of the Room; Yea; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Mayor Russell: Yea. 05-05-1827 3/15/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3221 FOR A UNIFIED DEVELOPMENT PROJECT KNOWN AS “PROJECT SUNSET” WHICH WILL INCLUDE THREE BUILDINGS UP TO FOUR (4) STORIES IN HEIGHT AND THE FOLLOWING USES: 106 MULTI-FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES, RESTAURANTS, BANK AND A PARKING GARAGES; ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45, 53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Vice Mayor Palmer, seconded by Commissioner Sherar, the motion to approve this item as amended passed by a 4-1 vote: Commissioner Wiscombe: Yea; Vice Mayor Palmer: Yea; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Nay; Mayor Russell: Yea. 06-05-1828 3/15/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN, PROVIDING FOR ELIGIBILITY AT DATE OF EMPLOYMENT FOR POLICE OFFICER EMPLOYEES OF THE CITY OF SOUTH MIAMI; PROVIDING FOR A MINIMUM RATE OF BENEFIT ACCRUAL FOR POLICE OFFICER EMPLOYEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. (Deferred 12/07/04) 3/5 (City Manager) Moved by Commissioner Sherar, seconded by Commissioner Birts-Cooper, the motion to approve this item passed by a 4-0 vote: Commissioner Wiscombe: Yea; Vice Mayor Palmer: Absent; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Mayor Russell: Yea. 07-05-1829 4/4/04 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO VAN SMITH PARK LOAN; AUTHORIZING THE CITY MANAGER TO CLOSE ON THE TERMS OF AN ARRANGEMENT FOR A 7-YEAR MORTGAGE IN AN AMOUNT NOT EXCEEDING $567,366.50 PLUS LOAN FEE WITH SUNTRUST BANK, UTILIZING FUNDS ORD. NO. ADOPTION DESCRIPTION 2005 ORDINANCE Page 3 of 15 INDEX FROM THE CITY GENERAL FUND BUDGET TO REPAY THE LOAN ANNUALLY; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 4/5 (City Manager) Moved by Vice Mayor Palmer, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 5-0 vote: Commissioner Wiscombe: Yea; Vice Mayor Palmer: Yea; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Mayor Russell: Yea. 08-05-1830 4/9/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO BOARDS; AND CREATING SEC. 2-26.11 ENTITLED “THE AFFORDABLE HOUSING ADVISORY COMMITTEE”; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 3/5 (Vice Mayor Palmer) Moved by Commissioner Wiscombe, seconded by Commissioner Sherar, the motion to approve this item passed by a 5-0 vote: Commissioner Wiscombe: Yea; Vice Mayor Palmer: Yea; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Mayor Russell: Yea. 09-05-1831 4/9/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO SIGN A TWO YEAR CONTRACT WITH BELLSOUTH AS THE CITIES LONG DISTANCE SERVICE PROVIDER, GENERATING ESTIMATED SAVINGS OF $12,000.00 DURING THE TERM OF THE CONTRACT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner Wiscombe, seconded by Commissioners Sherar and Birts-Cooper, the motion to approve this item passed by a 5-0 vote: Commissioner Wiscombe: Yea; Vice Mayor Palmer: Yea; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Mayor Russell: Yea. 10-05-1832 4/9/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEASE OF CITY PROPERTY; PROVIDING FOR LONG-TERM MANAGEMENT AGREEMENT WITH MONTANA/MCLEAN TENNIS, INC. FOR TENNIS SERVICES AT DANTE FASCELL PARK; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner Wiscombe, seconded by Commissioner Sherar and Vice Mayor Palmer, the motion to approve this item passed by a 5-0 vote: Commissioner Wiscombe: Yea; Vice Mayor Palmer: Yea; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Mayor Russell: Yea. 11-05-1833 4/9/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY CHANGING THE ZONING USE DISTRICT FROM “TODD(MU- 4)”, TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE-4) TO “PUD-M” PLANNED UNIT DEVELOPMENT MIXED ORD. NO. ADOPTION DESCRIPTION 2005 ORDINANCE Page 4 of 15 INDEX USE FOR PROPERTY LOCATED AT 6600-6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF THE ZONE CHANGE IS TO ALLOW CONSTRUCTION OF A MIXED USE PROJECT CONSISTING OF MULTI-FAMILY RESIDENTIAL BUILDINGS, RETAIL USES AND A PARKING GARAGE; SETTING FORTH CONDITIONS OF APPROVAL RELATED TO THE DETERMINATION OF CONCURRENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5 (City Manager) Moved by Commissioner Wiscombe, seconded by Commissioner Sherar, the motion to approve this item passed by a 4-0 vote: Commissioner Wiscombe: Yea; Vice Mayor Palmer: Absent; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Mayor Russell: Yea. 12-05-1834 4/9/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ADOPTING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3221 FOR A PLANNED UNIT DEVELOPMENT- MIXED USE PROJECT KNOWN AS RED ROAD COMMONS LOCATED AT 6600-6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE DEVELOPMENT WILL INCLUDE BUILDINGS OF UP TO FIVE (5) STORIES IN HEIGHT AND THE FOLLOWING USES: UP TO 409 MULTI-FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES AND A PARKING GARAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner Sherar, seconded by Commissioner Wiscombe, the motion to approve this item as amended passed by a 4-0 vote: Commissioner Wiscombe: Yea; Vice Mayor Palmer: Absent; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Mayor Russell: Yea. 13-05-1835 4/19/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A FINANCE AGREEMENT WITH FIRST NATIONAL BANK OF SOUTH MIAMI FOR THE PURCHASE OF EIGHT FORD CROWN VICTORIA POLICE PURSUIT VEHICLES PREVIOUSLY APPROVED BY RESOLUTION #177-04-22956 DATED NOVEMBER 1ST 2004, PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner Wiscombe, seconded by Commissioners Sherar and Birts-Cooper, the motion to approve this item passed by a 5-0 vote: Commissioner Wiscombe: Yea; Vice Mayor Palmer: Yea; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Mayor Russell: Yea. 14-05-1836 4/19/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN, PROVIDING FOR AN INCENTIVE FOR RETIREMENT FOR CERTAIN POLICE OFFICER EMPLOYEES OF THE CITY OF SOUTH MIAMI TO INCLUDE A RULE OF SEVENTY (70), WITHIN A ORD. NO. ADOPTION DESCRIPTION 2005 ORDINANCE Page 5 of 15 INDEX SPECIFIED PERIOD OF TIME; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner Wiscombe, seconded by Commissioner Sherar, the motion to approve this item passed by a 5-0 vote: Commissioner Wiscombe: Yea; Vice Mayor Palmer: Yea; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Mayor Russell: Yea. 15-05-1837 6/14/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; APPROVING A LEASE AGREEMENT BETWEEN THE CITY AND THE YMCA OF GREATER MIAMI, INC., FOR THE LEASE BY THE YMCA OF THE RECREATIONAL FACILITIES LOCATED AT 4300 SW 58TH AVENUE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 4/5 (Deferred 6/7/05) (City Manager) Moved by Commissioner Sherar, seconded by Commissioner Wiscombe, the motion to approve this item as amended passed by a 4-0 vote: Commissioner Wiscombe: Yea; Vice Mayor Palmer: Absent; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Mayor Russell: Yea. 16-05-1838 6/14/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO REAL PROPERTY; AUTHORIZING THE PURCHASE OF THE PROPERTY LOCATED AT 4300 SW 58TH AVENUE CONSISTING OF A RECREATION CENTER AND ADMINISTRATIVE OFFICE BUILDING, BASKETBALL COURTS, A RACQUETBALL COURT, SWIMMING POOL, AND APPROXIMATELY 7 ACRES OF OPEN FIELD SPACE, WITH DEPT SERVICE CHARGED TO THE NON-DEPARTMENTAL DEBT SERVICE – YMCA ACCOUNT CODE 001.2100.519.9927, AUTHORIZING THE CITY TO ACCEPT THE DEED TO THE PROPERTY UPON CLOSING AND REQUESTING TAX EXEMPTION OF THE PROPERTY; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 4/5 (Deferred 6/7/05) (City Manager) Moved by Commissioner Sherar, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 4-0 vote: Commissioner Wiscombe: Yea; Vice Mayor Palmer: Absent; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Mayor Russell: Yea. 17-05-1839 6/14/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS PART OF ORDINANCE NO. 12-05-1834 WHICH APPROVED THE DEVELOPMENT AGREEMENT FOR A PLANNED UNIT DEVELOPMENT-MIXED USE PROJECT KNOWN AS RED ROAD COMMONS LOCATED AT 6600-6640 SW 57 AVENUE AND 5757 SW 68 STREET; THE PURPOSE OF THE AMENDMENT IS TO AUTHORIZE THE ADMINISTRATION TO PROVIDE A ORD. NO. ADOPTION DESCRIPTION 2005 ORDINANCE Page 6 of 15 INDEX SPECIFIC AMOUNT OF PARK AND OPEN SPACE CONCURRENCY PAYMENT TO THE CITY AND AMENDING THE DATE FOR PAYMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner Sherar, seconded by Commissioner Wiscombe, the motion to approve this item as amended passed by a 4-0 vote: Commissioner Wiscombe: Yea; Vice Mayor Palmer: Absent; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Mayor Russell: Yea. 18-05-1840 6/14/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE DEVELOPMENT AGREEMENT ADOPTED AS PART OF ORDINANCE NO. 05-05-1827 WHICH APPROVED THE DEVELOPMENT AGREEMENT FOR A UNIFIED DEVELOPMENT PROJECT KNOWN AS “PROJECT SUNSET” LOCATED GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45, 53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; THE PURPOSE OF THE AMENDMENT IS TO AUTHORIZE THE ADMINISTRATION TO PROVIDE A SPECIFIC AMOUNT OF PARK AND OPEN SPACE CONCURRENCY PAYMENT TO THE CITY, AMENDING THE DATE FOR PAYMENT, AND ADJUSTING THE PHASING OF THE DEVELOPMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner Sherar, seconded by Commissioner Wiscombe, the motion to approve this item as amended passed by a 4-0 vote: Commissioner Wiscombe: Yea; Vice Mayor Palmer: Absent; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Mayor Russell: Yea. 19-05-1841 6/14/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN A THREE YEAR CONTRACT WITH VERIZON WIRELESS AS THE POLICE DEPARTMENTS WIRELESS DATA SERVICE PROVIDER, GENERATING ESTIMATED SAVINGS OF $19,521 DURING THE TERM OF THE CONTRACT; AND PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner Sherar, seconded by Commissioners Wiscombe and Birts-Cooper, the motion to approve this item passed by a 4-0 vote: Commissioner Wiscombe: Yea; Vice Mayor Palmer: Absent; Commissioner Birts- Cooper: Yea; Commissioner Sherar: Yea; Mayor Russell: Yea. ORD. NO. ADOPTION DESCRIPTION 2005 ORDINANCE Page 7 of 15 INDEX 20-05-1842 6/14/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATED TO THE PLANNING BOARD BY AMENDING SECTION 20-6.1 (B)(1)(b) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO PROVIDE FOR STAGGERED APPOINTMENT TERMS FOR PLANNING BOARD MEMBERS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. 3/5 (Mayor Russell) Moved by Commissioner Sherar, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 4-0 vote: Commissioner Wiscombe: Yea; Vice Mayor Palmer: Absent; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Mayor Russell: Yea. 21-05-1843 7/26/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING AD VALOREM TAX EXEMPTIONS FOR EXTERIOR IMPROVEMENTS TO HISTORIC PROPERTIES FOR A PERIOD OF 10 YEARS; ESTABLISHING REQUIREMENTS AND PROCEDURES; DESIGNATING THE CITY OF SOUTH MIAMI HISTORIC PRESERVATION BOARD TO REVIEW AND REPORT ON APPLICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner Sherar, seconded by Vice Mayor Palmer, the motion to approve this item passed by a 5-0 vote. Commissioner Wiscombe: yea; Commissioner Sherar: yea; Commissioner Birts-Cooper: yea; Vice Mayor Palmer: yea; Mayor Russell: yea. 22-05-1844 7/26/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE IN ORDER TO ASSIST PROPERTY OWNERS OF DESIGNATED HISTORIC BUILDINGS BY CREATING SECTION 20-4.11 ENTITLED “SPECIAL PROVISIONS APPLICABLE TO DESIGNATED HISTORIC SITES” WHICH PROVISIONS WOULD MODIFY THE APPLICABILITY OF CERTAIN DEVELOPMENT REGULATIONS (NON-CONFORMING SIGNS, OFF STREET PARKING REQUIREMENTS, CONTINUATION OF NON-CONFORMING USES, VARIANCE APPROVALS) ON DESIGNATED HISTORIC SITES: PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner Sherar, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 5-0 vote. Commissioner Wiscombe: yea; Commissioner Sherar: yea; Commissioner Birts-Cooper: yea; Vice Mayor Palmer: yea; Mayor Russell: yea. 23-05-1845 7/26/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO ORD. NO. ADOPTION DESCRIPTION 2005 ORDINANCE Page 8 of 15 INDEX EXECUTING AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY TO PROVIDE CONTROL OF POLLUTANT DISCHARGES BETWEEN MUNICIPAL SEPARATE STORM SEWER SYSTEMS NAMED IN THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM UNDER PERMIT NO. FLS000003; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner Sherar, seconded by Commissioners Birts-Cooper and Wiscombe, the motion to approve this item passed by a 4-0 vote. Commissioner Wiscombe: yea; Commissioner Sherar: yea; Commissioner Birts- Cooper: yea; Vice Mayor Palmer: Absent; Mayor Russell: yea. 24-05-1846 7/26/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; MODIFYING 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 COMMITTEE, 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 (Mayor Russell) Moved by Commissioner Sherar, seconded Commissioner Wiscombe, the motion to approve this item passed by a 5-0 vote. Commissioner Wiscombe: yea; Commissioner Sherar: yea; Commissioner Birts-Cooper: yea; Vice Mayor Palmer: yea; Mayor Russell: yea. 25-05-1847 7/26/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CODE OF ORDINANCES, CHAPTER 7, BUILDINGS; BY ADDING SECTIONS 7-13, SITE DEBRIS AND 7-14, HURRICANE PROTECTION; PROVIDING FOR SEVERABILITY, PROVIDING FOR ORDINANCES IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner Sherar, seconded Commissioner Wiscombe, the motion to approve this item passed by a 5-0 vote. Commissioner Wiscombe: yea; Commissioner Sherar: yea; Commissioner Birts-Cooper: yea; Vice Mayor Palmer: yea; Mayor Russell: yea. 26-05-1848 8/2/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AMENDING THE CITY OF SOUTH MIAMI CODE OF ORDINANCES, BY REVISING CHAPTER 11 (GARBAGE & TRASH), SECTION 11-21(B) ENTITLED “EXTENT OF SERVICE AND POINTS OF COLLECTION – DOMESTIC TRASH” IN ORDER TO ALLOW THE PLACEMENT OF LAWN ORD. NO. ADOPTION DESCRIPTION 2005 ORDINANCE Page 9 of 15 INDEX AND YARD CLIPPINGS AT THE CURB FOR COLLECTION MORE THAN TWENTY-FOUR (24) HOURS PRIOR TO THE SCHEDULED PICKUP DAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Approved w/amendments on 2nd reading 6/07/05; deferred 7/19/05) (Commissioners Sherar and Wiscombe) Moved by Commissioner Sherar, seconded by Vice Mayor Palmer, the motion to approve this item passed by a 3-2 vote. Commissioner Wiscombe: yea; Commissioner Sherar: yea; Commissioner Birts-Cooper: yea; Vice Mayor Palmer: nay; Mayor Russell: nay. 27-05-1849 8/16/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CREATING SECTION 20-3.6(S) OF THE CITY’S LAND DEVELOPMENT CODE RELATING TO STORAGE OF RECREATIONAL VEHICLES IN ORDER TO FURTHER REGULATE ACCESSORY STORAGE OF SAME; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Vice Mayor Palmer, seconded by Commissioners Wiscombe and Birts- Cooper, the motion to approve this item as amended passed by a 5-0 vote. Commissioner Wiscombe: yea; Commissioner Sherar: yea; Commissioner Birts- Cooper: yea; Vice Mayor Palmer: yea; Mayor Russell: yea. 28-05-1850 8/16/05 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 THE AMSTER PROPERTIES (AKA DORN BROTHERS’ BUILDINGS), LOCATED AT 5900-5904 SUNSET DRIVE AS AN HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP-OV) OVER THE EXISTING ZONING USE DISTRICT FOR THE PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner Sherar, seconded by Commissioner Wiscombe and Vice Mayor Palmer, the motion to approve this item passed by a 5-0 vote. Commissioner Wiscombe: yea; Commissioner Sherar: yea; Commissioner Birts- Cooper: yea; Vice Mayor Palmer: yea; Mayor Russell: yea. 29-05-1851 8/16/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ESTABLISHING GUIDELINES FOR NAMING CITY PROPERTY AND ROADWAYS WITHIN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 3/5 (Commissioner Sherar) Moved by Commissioner Sherar, seconded by Commissioner Birts-Cooper, the motion to approve this item passed by a 4-0 vote. Commissioner Wiscombe: ORD. NO. ADOPTION DESCRIPTION 2005 ORDINANCE Page 10 of 15 INDEX yea; Commissioner Sherar: yea; Commissioner Birts-Cooper: yea; Vice Mayor Palmer: yea; Mayor Russell: Absent 30-05-1852 8/30/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DECLARING A WEATHER EMERGENCY PURSUANT TO SECTIONS 14.05 AND 14.12 OF ORDINANCE NO. 11-93-1539; GIVING THE CITY MANAGER THE NECESSARY AUTHORITY AND DIRECTING HER TO TAKE ALL NECESSARY AND APPROPRIATE ACTIONS TO PREPARE FOR AND RESPOND TO HURRICANE KATRINA; PROVIDING FOR SEVERABILITY, PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 4/5 (City Manager) Moved by Mayor Russell, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 4-0 vote. Commissioner Wiscombe: yea; Commissioner Sherar: yea; Commissioner Birts-Cooper: yea; Vice Mayor Palmer: Absent; Mayor Russell: yea. 31-05-1853 8/30/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PAYMENT OF EXPENDITURES INCURRED DURING A WEATHER EMERGENCY RESULTING FROM HURRICANE KATRINA; PROVIDING THE CITY MANAGER THE NECESSARY AUTHORITY TO USE UP TO $500,000 FROM CITY CASH RESERVE FOR RELATED EMERGENCY EXPENSES; AND AUTHORIZING THE CITY MANAGER TO APPLY FOR ANY AVAILABLE ASSISTANCE TO REIMBURSE THE CITY FOR THE FUNDS EXPENDED; PROVIDING FOR SEVERABILITY, PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 4/5 (City Manager) Moved by Mayor Russell, seconded by Commissioner Birts-Cooper, the motion to approve this item passed by a 5-0 vote. Commissioner Wiscombe: yea; Commissioner Sherar: yea; Commissioner Birts-Cooper: yea; Vice Mayor Palmer: yea; Mayor Russell: yea. 32-05-1854 9/6/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20-3.6 (H) (2) (c) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO MODIFY THE REQUIRED MINIMUM 60% OPEN AREA ON THE TOP TWO (2) FEET OF FENCES ADJACENT TO A RIGHT- OF-WAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. (Deferred 8/16/05) 3/5 (Commissioner Sherar) Moved by Commissioner Sherar, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 5-0 vote. Commissioner Wiscombe: yea; Commissioner Sherar: yea; Commissioner Birts-Cooper: yea; Vice Mayor Palmer: yea; Mayor Russell: yea. 33-05-1855 9/27/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, LEVYING THE ORD. NO. ADOPTION DESCRIPTION 2005 ORDINANCE Page 11 of 15 INDEX MILLAGE OF 7.213 6.681 WHICH EXCEEDS THE ROLLBACK RATE BY 16.92 8.3% AND RESULTING IN 0% INCREASE 7.38% DECREASE IN PROPERTY TAX RATE IN THE CITY OF SOUTH MIAMI, FLORIDA, FOR THE FISCAL YEAR 2005/2006; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 3/5 Moved by Commissioner Wiscombe, seconded by Vice Mayor Palmer the motion to approve this item as amended passed by a 5-0 vote. Commissioner Wiscombe: Yea; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Vice Mayor Palmer: Yea; Mayor Russell: Yea. (City Manager) 34-05-1856 9/27/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, ADOPTING A BUDGET OF $15,579,507 $15,224,464 AND PAY PLAN FOR THE 2005/2006 FISCAL YEAR; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 3/5 Moved by Commissioner Wiscombe, seconded by Vice Mayor Palmer and Commissioner Sherar, the motion to approve this item as amended passed by a 5-0 vote. Commissioner Wiscombe: Yea; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Vice Mayor Palmer: Yea; Mayor Russell: Yea. (City Manager) 35-05-1857 10/10/05 AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PAYMENT OF EXPENDITURES INCURRED DURING WEATHER EMERGENCY RESULTING FROM HURRICANE KATRINA; PROVIDING THE CITY MANAGER THE NECESSARY AUTHORITY TO USE AN ADDITIONAL $900,000 FROM THE CITY’S CASH RESERVE FOR RELATED EMERGENCY EXPENSES; AND AUTHORIZING THE CITY MANAGER TO APPLY FOR ANY AVAILABLE ASSISTANCE TO REIMBURSE THE CITY FOR THE FUNDS EXPENDED; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. 4/5 (City Manager) Moved by Mayor Russell, seconded by Commissioner Sherar, the motion to approve this item passed by a 5-0 vote. Commissioner Wiscombe: Yea; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Vice Mayor Palmer: Yea; Mayor Russell: Yea. 36-05-1858 10/18/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A 36-MONTH COPIER LEASE AGREEMENT WITH BARLOP BUSINESS SYSTEMS AND ITS LEASING COMPANY BANC OF AMERICA LEASING, IN THE AMOUNT OF $29,600.00 PLUS OVERAGES PER YEAR FOR THE NEXT THREE YEARS; CHARGING THE DISBURSEMENTS TO ACCOUNT NUMBER 001-1320-513.4710 TITLED “PRINTING/BINDING/PHOTOCOPY”; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (City Manager) ORD. NO. ADOPTION DESCRIPTION 2005 ORDINANCE Page 12 of 15 INDEX Moved by Commissioner Sherar, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 4-0 vote. Commissioner Wiscombe: Out of the Room; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Vice Mayor Palmer: Yea; Mayor Russell: Yea. 37-05-1859 10/26/05 AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DECLARING A WEATHER EMERGENCY PURSUANT TO SECTIONS 14.05 AND 14.12 OF ORDINANCE NO. 11-93- 1539; GIVING THE CITY MANAGER THE NECESSARY AUTHORITY AND DIRECTING HER TO TAKE ALL NECESSARY AND APPROPRIATE ACTIONS TO PREPARE FOR AND RESPOND TO HURRICANE WILMA; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 4/5 (City Manager) Moved by Mayor Russell, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 5-0 vote. Commissioner Wiscombe: Yea; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Vice Mayor Palmer: Yea; Mayor Russell: Yea. 38-05-1860 10/26/05 AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PAYMENT OF EXPENDITURES INCURRED DURING A WEATHER EMERGENCY RESULTING FROM HURRICANE WILMA; PROVIDING THE CITY MANAGER THE AUTHORITY TO USE EXISTING CASH RESERVES FOR RELATED EMERGENCY EXPENSES; AND AUTHORIZING THE CITY MANAGER TO APPLY FOR ANY AVAILABLE ASSISTANCE TO REIMBURSE THE CITY FOR THE FUNDS EXPENDED; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 4/5 (City Manager) Moved by Commissioner Sherar, seconded by Commissioners Wiscombe and Birts-Cooper, the motion to approve this item passed by a 5-0 vote. Commissioner Wiscombe: Yea; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Vice Mayor Palmer: Yea; Mayor Russell: Yea. 39-05-1861 11/1/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, CREATING CHAPTER 21, POWER OF EMINENT DOMAIN, TO ADD THE PROVISION ENTITLED “USE OF POWER OF EMINENT DOMAIN” WHICH WILL PREVENT FUTURE CITY COMMISSIONS FROM AUTHORIZING THE FILING OF EMINENT DOMAIN LAWSUITS WHEN THE END RESULT OF SUCH ACTION WOULD BE TO SELL THE PROPERTY TO PRIVATE PARTIES; PROVIDING FOR CODIFICATION, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 3/5 (Commissioner Wiscombe) Moved by Commissioner Wiscombe, seconded Commissioner Birts-Cooper, the motion to approve this item as amended passed by a 5-0 vote. Commissioner Wiscombe: Yea; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Vice Mayor Palmer: Yea; Mayor Russell: Yea. 40-05-1862 11/15/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF ORD. NO. ADOPTION DESCRIPTION 2005 ORDINANCE Page 13 of 15 INDEX THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE A 2006 REAR STEER LOADER (KNUCKLE-BOOM CRANE/LOADER), A 2006 26-CUBIC YARD TRASH TRUCK AND A 2005 UTILITY TRUCK, AT A TOTAL COST OF $225,376.09 WITH THE FIRST YEAR’S INSTALLMENT PAYMENT OF FIVE PAYMENTS NOT TO EXCEED $45,075.22 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT LEASE PURCHASE – TRUCKS ACCOUNT NUMBERS 001-1720-534-4455 AND 111-1730-541-4455; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner Sherar, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 4-0 vote. Commissioner Wiscombe: Out of the Room; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Vice Mayor Palmer: Yea; Mayor Russell: Yea. 41-05-1863 11/15/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE YEAR AGREEMENT WITH THYSSENKRUPP ELEVATOR CORP. FOR MAINTENANCE OF ELEVATORS FOR THE AMOUNT OF $20,100 WITH THE FY 2005-06 SERVICE FEE OF $4,020 TO BE CHARGED TO PUBLIC WORKS DEPARTMENT ACCOUNT NUMBER 001-1710- 519-4670; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Vice Mayor Palmer, seconded by Commissioner Sherar, the motion to approve this item passed by a 4-0 vote. Commissioner Wiscombe: Out of the Room; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Vice Mayor Palmer: Yea; Mayor Russell: Yea. 42-05-1864 11/15/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO GARBAGE AND TRASH; AMENDING SECTION 11-23(a) OF THE CODE OF ORDINANCES ENTITLED “REFUSE COLLECTION FEE SCHEDULE; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Vice Mayor Palmer, seconded by Commissioner Birts-Cooper, the motion to approve this item as amended passed by a 5-0 vote. Commissioner Wiscombe: Yea; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Vice Mayor Palmer: Yea; Mayor Russell: Yea. 43-05-1865 12/06/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE YEAR 2006 GENERAL ELECTION OF THE MAYOR AND CITY COMMISSIONERS FOR GROUPS, I AND IV; 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 ORD. NO. ADOPTION DESCRIPTION 2005 ORDINANCE Page 14 of 15 INDEX CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Mayor Russell) Moved by Commissioner Sherar, seconded by Commissioner Birts-Cooper, the motion to approve this item passed by a 4-0 vote. Commissioner Wiscombe: Yea; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Vice Mayor Palmer: Absent; Mayor Russell: Yea. 44-05-1866 12/06/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE YEAR CONTRACT WITH KOCH FINANCIAL CORPORATION IN THE AMOUNT OF $97,643.24 IN ORDER TO FINANCE THE PURCHASE OF A CITY-WIDE COMPUTER SYSTEM SOFTWARE UPGRADE FROM SUNGARD HTE SOFTWARE AND TECHNOLOGY SOLUTION; CHARGING MONTHLY PAYMENTS IN THE AMOUNT OF $2,712.31 TO THE MIS MAINTENANCE-INTERNET SOFTWARE ACCOUNT NUMBER 001.1340.513.4634; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner Sherar, seconded by Commissioner Birts-Cooper, the motion to approve this item passed by a 4-0 vote. Commissioner Wiscombe: Yea; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Vice Mayor Palmer: Absent; Mayor Russell: Yea. 45-05-1867 12/06/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE EIGHT 2006 FORD CROWN VICTORIA POLICE PURSUIT VEHICLES; CHARGING FIVE ANNUAL PAYMENTS IN AN AMOUNT NOT TO EXCEED $40,827.21 PER YEAR AND ONE PAYMENT OF $659.75 FOR DOCUMENTARY STAMPS IN THE FIRST YEAR TO BE CHARGED TO THE POLICE DEPARTMENT’S PURCHASE/LEASE-POLICE VEHICLES ACCOUNT NUMBER 001.1910.521.4450; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Commissioner Sherar, seconded by Commissioner Wiscombe, the motion to approve this item passed by a 4-0 vote. Commissioner Wiscombe: Yea; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Vice Mayor Palmer: Absent; Mayor Russell: Yea. 40-05-1862 12/20/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE A 2006 REAR STEER LOADER (KNUCKLE-BOOM CRANE/LOADER), A 2006 26-CUBIC YARD TRASH TRUCK AND A 2005 UTILITY TRUCK, AT A TOTAL COST OF $226,916.68 WITH THE FIRST YEAR’S INSTALLMENT PAYMENT OF FIVE PAYMENTS NOT TO EXCEED $45,383.34 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT LEASE PURCHASE – TRUCKS ACCOUNT NUMBERS 001-1720-534-4455 AND 111-1730-541-4455; PROVIDING FOR SEVERABILITY, ORDINANCES IN ORD. NO. ADOPTION DESCRIPTION 2005 ORDINANCE Page 15 of 15 INDEX CONFLICT, AND AN EFFECTIVE DATE. 3/5 (City Manager) (3rd reading) Moved by Commissioner Sherar, seconded by Vice Mayor Palmer, the motion to approve this item passed by a 4-0 vote. Commissioner Wiscombe: Absent; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Vice Mayor Palmer: Yea; Mayor Russell: Yea. 46-05-1868 12/20/05 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN, PROVIDING FOR COMPLIANCE WITH CHAPTER 2004-21, LAWS OF FLORIDA AND AMENDED SECTION 185.05(6) OF THE FLORIDA STATUTES, TO PROVIDE THAT PARTICIPANTS MAY AUTHORIZE DIRECT THIRD PARTY PAYMENTS AS A DEDUCTION FROM NET BENEFITS FOR SPECIFIC PURPOSES; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (City Manager) Moved by Vice Mayor Palmer, seconded by Commissioners Sherar and Birts- Cooper, the motion to approve this item passed by a 4-0 vote. Commissioner Wiscombe: Absent; Commissioner Birts-Cooper: Yea; Commissioner Sherar: Yea; Vice Mayor Palmer: Yea; Mayor Russell: Yea.