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08-05-08 Item 22oe 'v v ' `t South Miami H 'y All- America City INCORPORATED • CITY OF SOUTH MIAMI I 1927 ti p OFFICE OF THE CITY MANAGER o � INTER - OFFICE MEMORANDUM zoos To: The Honorable Mayor, Vice Mayor and City Commissioners Frown: Jay Beckman, City Commissioner Via: Maria M. Menendez, City Clerk ;44b Date: July 22, 2008 ITEM No. SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMIVIISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE III "BOARDS AND COMMISSIONS," SECTIONS 2 -21, 2 -22, AND 2 -23, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE II, SECTION 8 C; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. STAFF'S OBSERVATIONS In reviewing Article III the Code of Ordinances, besides deleting archaic language, additional language has been incorporated in order to be consistent with the Charter. (See summary below). Both Commissioner Beckman and the City Attorney have reviewed the proposed amendments. The following is a summary of the main proposed amendments: 1) Page 1, lines 40 -42; 2) Page 2, lines 1 -41; Copies of the particular sections of the Code and Charter are attached as backup for reference. Documentation: Draft Ordinance Charter Art. H, Sec. 8 Land Development Code Art. VI Code of Ordinances Sec. 2 -21, 2 -22, 2 -23 W:Ny DocumentsVesolutionsWemo Ordinance..Code amend ch 2 art IlLdoc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 34 46 4�4 43 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE III "BOARDS AND COMMISSIONS," SECTIONS 2 -21, 2 -22, AND 2 -23, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE II, SECTION 8 C; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the City's current Code of Ordinances provides procedures for the departments and administrative service of the City; and, WHEREAS, the Mayor and City Commission desire to amend its code in order to bring it up to date; and WHEREAS, the Mayor and City Commission desire to amend its code in order to be consistent with the City's Charter Article II, Section 8 C. WHEREAS, the Personnel Board was abolished by ordinance no. 05 -08 -1940, dated February 5, 2008; and WHEREAS, the Code Enforcement Board was abolished by ordinance no. 6 -03- 1790, dated March 18, 2003, and a Special Master was created at that time; and WHEREAS, the Planning Board is a mandatory board as provided in the City's Charter Article II, Section 8 C, and that the board's functions and responsibilities are provided -in the City's Land Development Code. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that: Section 1. Chapter 2, Article III of the City's Code of Ordinances, entitled Boards and Commissions, Sections 2 -21, 2 -22, and 2 -23 of the Code of Ordinances of the City of South Miami is being amended as follows: ARTICLE III. BOARDS AND * COMMITTEES* Sec. 2 -21. . Appointments, Mandatory Board. Additions shown by underlining and deletions shown by ovefstfikiHg. Page 1 of 3 There shall be the following beards and n the nits . I 1 L1LL L 2 1 3 (1) Per -se ae and , rit beard. 4 5 (1) UI&,-,r,ing and zenihg bear-d. 6 7 (2) merle enfefeementbeafd. 8 9 All appeintees shall sef-,�e f6r- the tefm appointed aiid, until a sueeesser- shall have 10 11 r-emainder- of the tefm and until a sueeessef has, been appeinted and qualified-. 12 1 The Mayor, with the advice and consent of the Commission mqy appoint Boards l or Committees to serve the City at the pleasure of the Commission for the purposes 15 defined by the Commission. l� - 17 (a) For any Board or Committee hereinafter established by ordinance the 18 Commission, but not by way of limitation, shall provide for the following: 19 20 (1) number of members 21 (2) term of members 22 (3) quorum for meetings 23 (4) duties of boards and committees 24 (5) presentation of actions of the board or cominittee to City Commission 21 26 (b) Mandatory Board: There shall at all times be a Planning Board composed of 27 residents of South Miami whose members shall be appointed as established 28 herein. 2S.J 3C 31 See. 22. Personnel and ...ems board. 32 3 , 3 , 3 hem Sec. 2 -23. Planning and zoning board. 400 The planning and enin g board shall have the composition, functions and duties as 4 provided by [fewer ] Affiele V, Chaptef 20 - efthis Cede and as al-tered, ame-n-d-ed OF 42 ehan e h ereafter the City's Land Development Code Article VI, 20 -6.1 (B). 41 Additions shown by underlining and deletions shown by ever- . Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall be codified and included in the Code of Ordinances. Section 5. This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED this day of , 2008. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY W:\My Documents\resolutions \Ordinance code updating.Ch 2 Art III.doc MAYOR 1St Reading — 2" d Reading — COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: Additions shown by underlinin s? and deletions shown by eyeforb. Page 3 of 3 AR'T'ICLE II (Cont'd) duties as may be required of him or her by Ordinance or Resolution of the Commission or by this Charter. 3. A City Clerk and such deputies that may be necessary, who shall give notice and attend all Commission meetings, keep the minutes and records of all of the proceedings of the Commission, preserve all books, papers and writing of all kinds committed to his or her care during his or her tenure; keep the corporate seal of the City and affix the seal when lawfully directed; administer oaths; have charge of the conduct of municipal elections; act as Supervisor of Registration; and perform such other duties as shall be required by this Charter or by General Laws of the State of Florida unless restricted by the Home Rule Amendment provisions of Miami -Dade Dade County. (Amended 2/8/00) B. Compensation The salaries and expense accounts of all officers shall be prescribed by ordinance and fixed in the annual budget. C. Vacancies The City Commission shall have power in the absence, sickness or disqualification of any of these officers to appoint a successor and should the Commission not do so within thirty (30) days after such occurrence, it shall be the duty of trie Mayor to appoint a successor. SECTION 8. Boards and-Committees A. Appointments The Mayor, with the advice and consent of the Commission may appoint Boards or Committees to serve the City at the pleasure of the Commission for the purposes defined by the Commission. B. Ordinance Provisions For any Board or Committee hereinafter established by ordinance, the Commission, but not by way of limitation, shall provide for the following: (1) number of members (2) term of members (3) quorum for meetings (4) duties of boards and committees (5) presentation of actions of the to City Commission (2/8/00) 13 board or committee SOUTH MIAMI CITY CHARTER AMENDED 2/14/06 AR'T'ICLE II (Cont'd) C. Mandatory Board There shall, at all times, be a Planning Board composed of residents of South Miami whose members shall be appointed by the Mayor with the advice and consent of the Commission. No duly elected official, officer or employee of the City shall be an appointee hereunder. Notwithstanding any other provision of Article II, but not by way of limitation, the ordinance creating this Board shall contain the following provisions: 1. The Planning Board shall be a continuous body and shall be composed of seven (7) members. A quorum for its meeting sha•11 consist of five (5) members. The Board shall investigate and recommend to the Commission such changes in the boundaries of the various use districts, zoning regulations, use of land and type of construction, locations and use of all structures on any valid appointment submitted to it. In arriving at its recommendations, the Board shall consider, but not by way of limitation, the character of the area, the suitability of particular uses, the conservation of the property values and the direction of building development. In addition, the Board shall investigate and make recommendations to the Commission on matters affecting redevelopment, rehabilitation, conservation and renewal progress toward the alleviation of a slum or blighted areas and such other conditions as may injuriously affect the City. 2. Any recommendations of the Board which affect use of land or structures or concern redevelopment, rehabilitation, conservation or renewal shall not be adopted by the City Commission until a public hearing thereon. No application for zoning changes shall be filed in the name of the City without prior approval of the City Commission. There shall be no change in zoning or any amendment to the zoning laws unless proposals for such changes have first been received by the Planning Board. SECTION 9. Inves tiga tion.s Notwithstanding any other provisions of this Charter, the Commission or its authorized representative or representatives may make investigation into the affairs of this City and the conduct of any City department, Board, Officer or Agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who 14 SOUTH MIAMI CITY CHARTER AMENDED 2/14/06 20 -6.1 ( SOUTH MIAMI LAND DEVELOPMENT CODE (b) Public Hearings. The city commission shall hold public hearings when amending the adopted Comprehensive Plan, amending the text of this Code, rezoning, approving special uses, granting variances and permitting nonconforming uses. All other items shall not require a public hearing for commission action. ii. Actions upon site plans, variances, administrative appeals, planned unit developments, nonconforming uses and special uses shall be by resolution. - All other actions shall be by ordinance. (c) The city commission may defer action on any application or other matter before it, for cause, for a reasonable period of time. (d) The city commission may refer a matter back to the planning board or the environmental review and preservation board for further consideration and recommendation. (e) When any request requiring a public hearing before the planning board has been acted upon by the commission and denied or failed to pass, such proposed change, in the same or similar form shall not be reconsidered by the commission for a period of at least one (1) year following the date of such action (removed: when denied without prejudice) except in which case reconsideration is possible after six (6) months for the date established for the prior hearing at the request of the majority of the commission. (f) Financial Interest. i. Any member of the city commission who has a special financial interest, direct or indirect, in any matter shall make that interest known and shall abstain from participation therein in any manner. ii. Willful failure to disclose such financial interest shall constitute malfea- sance in office and shall render the action voidable by the city commission. ((B')) Planning Board. (� 1) Establishment and Membership. (a) There is hereby created a local planning agency to be known as the South Miami Planning Board. (b) The board shall be comprised of seven (7) members who reside in the city. i. Members of the board shall be appointed by the mayor, with the advice and consent of the city commission. ii. Planning board members shall be appointed as follows: four (4) Planning Board members shall be appointed for a term of one (1) year and three (3) members shall be appointed for a term of two (2) years, and all successor members shall be appointed for a two (2) year terms. iii. Vacancies shall be filled for the remainder of any unexpired terms. Supp. No. 10 134 ADMINISTRATION AND ENFORCEMENT 20 -6.1 iv. Any member of the board shall automatically be removed for missing three (3) regular meetings in a row or five (5) meetings in a twelve (12) month period.. V. The director of building and zoning shall keep a record of meetings missed and advise the city commission and the member being removed that such member has been automatically removed. (2) Organization. (a) The board organization, procedures, meeting notice and meeting conduct shall be in accordance with bylaws adopted by the board. Supp. No. 10 134.1 ADMINISTRATION AND ENFORCEMENT 20 -6.1 (b) The board shall elect from its membership a chairman and vice- chairman for one (1) year non - successive terms. i. The chairman shall normally preside at all meetings of the board. ii. In the absence of the chairman, the vice- chairman shall preside. (c) A temporary chairman may be elected at any meeting when both the chairman and vice- chairman are absent. (d) The Planning Board shall hold regular meetings at 7:30 p.m., on the second and last Tuesday of each month with the exception of the months of June and July. The Planning Board shall hold one (1) regular meeting at 7:30 p.m. on th third Tuesday of June an se�iems�.r�egpuilarMeetings need not be held if ere are. no scheduled agen meetings shall be held at City Hall. (e) The Chairperson or the Planning and Zoning Director shall have the authority to call a special meeting due to circumstances which prevent a regularly scheduled meeting from being held and provided that notice of the meeting is given to the City Commission, Board members, applicants, and posted at City Hall not less than three (3) working days prior to the meeting date. (3) Powers and Duties. (a) The board shall have all such powers and duties as are granted and conferred by state law and this Code. (b) The board shall have the authority to investigate and recommend to the city commission such changes in the boundaries of the various use districts, zoning regulations, use of land and type of construction, locations and use of all structures on any valid application submitted to it. i. In arriving at its recommendations, the board shall consider factors includ- ing, but not limited to: neighborhood character, suitability of particular uses, conservation of property values, the city's adopted Comprehensive Plan and availability of adequate public facilities and services. ii. The board shall investigate and make recommendations to the city commis- sion on matters affecting redevelopment, rehabilitation, conservation and renewal progress toward the alleviation of slum and blight areas and such other conditions as may injuriously affect the city. (c) The board shall review and make recommendations on all applications for a change in zoning district boundaries. (d) The board shall periodically review and make recommendations relating to the provisions of this Code, including the district map, and shall offer recommenda- tions to the city commission as to the sufficiency thereof in implementing the city's adopted Comprehensive Plan. (e) Reserved. Supp. No. 9 135 20 -6.1 SOUTH MIAMI LAND DEVELOPMENT CODE (fl The board shall review and make recommendations relating to the determination and continuance of nonconforming uses. (g) The board shall review and make recommendations on all applications for special uses as permitted in this Code; such recommendations being made only after it has been determined that all established special requirements have been met and that the use will not create any incompatible relationships with other uses in the area in which it is to be located. (h) The board shall review and make recommendations on all applications for variances from the requirements of this Code for yard setbacks, lot size, lot coverage, building height, fences and walls, impervious coverage, off - street parking, open space, signs and landscaping. Recommendations for a variance shall be made only when necessary to relieve particular hardships or extraordi- nary conditions relating to a specific property, and when the strict application of a particular regulation would result in peculiar and exceptional hardship upon the owner of such property as distinguished from reasons of convenience, profit or caprice. (4) Procedures. (a) Quorum and voting. i. A quorum shall be five (5) members ii. A majority vote of the members present shall be required to pass upon any matter on which the board is required to act under this Code. iii. Recommendations on all items before the board shall be transmitted to the city commission within forty -five (45) calendar days of the time that the item first appears on a regularly scheduled board agenda. If the board has not reached a decision on the item before it during said period, then the item shall be transmitted forthwith to the city commission with a 'No Comment" recommendation. (b) The board shall keep a permanent record of all proceedings before it, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board and shall be a public record. (c) Meetings of the board shall be public and notification of such meetings shall be in accordance with city ordinances and state law. (d) All board actions shall be by motion. (e) All matters brought before the board shall be accompanied by a staff report which shall include basic facts. Supp. No. 9 136 ADMINISTRATION AND ENFORCEMENT 20 -6.1 (fl Financial interest. i. Any member of the board who has a special financial interest, direct or indirect, in any matter shall make that interest known and shall abstain from participation therein in any manner. ii. Willful failure to disclose such financial interest shall constitute malfea- sance in office and shall render the action voidable by the city commission. (C) Environmental Review and Preservation Board. (1) Establishment and Membership. (a) An environmental review and preservation board is hereby created which shall consist of nine (9) members who reside or work in the city, except as provided in ii. below. i. The mayor, with the advice and consent of the city commission, shall appoint the members of the board. ii. Board membership shall include at least one (1) registered landscape architect licensed to practice in the State of Florida. If it is determined by the City Commission that the position of landscape architect cannot be filled by a qualified individual who resides or works in the City, the residency requirement may be waived by the Commission and the position of land- scape architect may be filled by a qualified individual who does not reside or work in the City. in Board membership shall include two (2), but no more than four (4), architects licensed to practice in the State of Florida. iv. Members of the environmental review and preservation board may not work for the City or be employed by any company that has contracts with the City. V. Members shall serve for a term of two (2) years. (b) Any member of the board shall be automatically removed for missing three (3) regular meetings in a row or five (5) meetings in a twelve (12) month period. i. The Planning and Zoning Director shall keep a record of meetings missed. ii. The Planning and Zoning Director shall advise the City Commission and the member being removed that such member has been automatically removed. (2) Organization. (a) Meetings. i. The board shall hold two (2) regular meetings each month, on the first and third Tuesday of each month. ii. Meetings shall not be held if no plans, specifications or items are submitted for review. iii. Agendas of all meetings shall be posted at City Hall not less than three (3) working days prior to any meetings. Supp. No. 9 137 § 2 -18 SOUTH MIAMI CODE § 2 -21 (f) Records retention schedule. The state General Records Schedule for State and Local Government Agencies (schedule GS1) is hereby adopted. The retention and destruction of public records as provided in subsections (a) through (e) of this section 2 -18 are to be controlled and governed by that "Records Retention Schedule," a copy of which is on file in the city clerk's office. (g) Official custodian. The city clerk shall be the custodian of the "Records Retention Schedule," and shall ascertain that all actions taken under the provisions of section 2 -18 conform to the provisions of the "Records Retention Schedule." (Ord. No. 519, § 1, 4 -5 -65; Ord. No. 967, §§ 1, 2, 10 -4-77; Ord. No. 1709, § 1, 4- 11 -00) Sees. 2 -19, 2 -20. Reserved. ARTICLE M. BOARDS AND C01�MSS) ONS* i Sec. 2 -21. Designated; appointee's term of office. There shall be the following boards and commissions in the city: (1) Personnel and merit board. (2) Planning an4 Bening board. .* �- - ��'" 3 Code enfo merit board. M' All appointees shall serve for the term appointed and until a successor shall have been appointed and qualified. Appointments for unexpired terms shall be for the remainder of the term and until a successor has been appointed and qualified. (Ord. No. 279, Art. H, § 1, 11- 17 -53; Ord. No. 397, § 2, 2- 18 -58; Ord. No. 415, 8- 19 -58; Ord. No. 445, § 1, 4- 19 -60; Ord. No. 1280, § 1, 8 -4 -87) *Cross reference — Indemnification of members of boards, § 2-4.6. Supp. No. 58 14 § 2-22 ADA'IDTISTRATION AND CITY GOVERNMENT § 2 -24 Sec. 2 -22. Personnel and merit board. The personnel and merit board shall have the composition, functions and duties as [formerly] provided by Article VII of Chapter 8 and as altered, amended or changed hereafter. (Ord. No. 279, Art. II, § 2, 11- 17 -53) C� Cross reference — Personnel board, § 16A-6. Sec. 2 -23. Planning and zoning board. The planning and zoning board shall have the composition, functions and duties as provided by [former] Article V, Chapter 20 of this Code and as altered, amended or changed hereafter. (Ord. No. 279, Art. TI, § 3, 11- 17 -53; Ord. No. 397, § 3, 2- 18 -58) Sec. 2 -24. Special master. (a) Pursuant to the constitutional home rule powers granted to municipalities by the Florida constitution, and F.S. ch. 166 and § 162.22, the city creates the position of special master for the city .to enforce the occupational license, building, zoning, sign, and other related codes and ordinances of the city. and all ordinances of Miami -Dade County and statutes of the state that the city is authorized to enforce. (b) All procedure and conduct of hearings shall be as provided in section 2 -25 of this code. The city attorney shall serve as counsel to the city in the defense of appeals to the special master. The city attorney shall have the power, upon approval by the city commission, to initiate civil actions for declaratory and injunctive relief, and orders to compel, and to commence any other action to enforce civil fines, correction orders and orders of the special master, and to compromise and settle fines and penalties. (c) The special master shall have the powers to: (1) Adopt by -laves and rules of procedure. (2) Hear de novo appeals by alleged violators from civil citations; affirm in whole or in part, or reverse, the charge of violation; and affirm or modify the order of corrections and fine levied in the citation. (3) Subpoena and swear witnesses. Supp. No. 60 14.1 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida 'TATE OF FLORIDA :OUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR 8/5/2008 in the XXXX Court, was published in said newspaper in the issues of 07/25/2008 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. -r... _-Z). Swom to and subscribed befor a this 25 day of JULY , A.D. 2008 (SEAL) V. PEREZ personally known to me �.� < ,� Notary Public 6tale nl Fldnoa + Cheryl H Mam:er 4"+ 0fr6sP Exp1res0711 S.*012 CITY,OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY ,giv_enthat the Ctly Commission of:the City of South Miami - Florida `Wil conduct Public--Hearings at 'its'regular City Commission meeting scheduled for Tuesday, August 5, 2008 beginning at 7:30 p.m, in the -City: Commission Chambers, 6130 Sunset Drive, to consider the followmgdems" y �� n� "' "'. ' H' ' L AN ORDINANCE OF:THE' MAYOR.-AND CITY.00MMISSION. x OF THE'CITY.OF.,.SOUTH MIAMI, FLORIDA,: RELATING T.0 ':THE LAND DEVELOPMENT CODE REMOVING FROM THE LAND DEVELOPMENT .CODESECTION,20 -A.4(G)ENTITLED t - "JOINT '!USE: SPACES, VIA SPECIAL'PARKING PERMIT"; REMOVING FROM' THE LAND D VELOPMEt4T CODE SECTION .`20- 41A(H) ,ENTITLED . "METRO - RAIL. USAGE - CONSIDERATION. VIA SPECIAL ` "PARKING: PERMIT"; AMENDING, ";SECTION.�20 -7.6 ENTITLED; :PARKING' IN. ORDER .TO MODIFY_ _ REGULAti6NS' PERTAINING TO BONUSES - AND PARKING `RED_UCTIONS`,:iIN ^THE -"SR ( HD. OV). _;,SPECIALTY�'.RETAIL'(HOMETOWN DISTRICT OVERLAY,) ZONING:'.'DISTRICT; :,AMENDING .SECTION . 20-6.16 'ENTITLED.. BONUS ALLOCATIONS IN ORDER TO . ELIMII'NATE- `PARKINCr`' REDUCTIONS ANOAIPARKING BONUSES FOR; DEVELOPMENT N THE�'TODD "- •TRANSIT ORIENTED DEVELOPMENT DISTRICT ZONING DISTRICT; PROVIDING - FOR SEVERABILITY, ORDINANCES .IN.I CONFLICT, AND PROVIDINGANEFFECTIVE DATE. I AN ORDINANCE OF THE MAYOR AND CITY,CMI OMSSION OF THE:CITY.&F,SOUTH MIAMijLORIDA; RELATING TO I AN AMENDMENT OF THE 2007- 2008.BUDGET; APPROVING .I AND ADOPTING . l-it RECOMMENDATIONS-OF;.THE CITY, MANAGERyTO'INCREASE .THE `DURRENT ";2007 -2008 BUDGET; FbRhTHE INCURRENCE OF. PRIOR .YEAR.EXPEN- DITURES: IN THE. CURREl ff FISCAL YEAR'S BUDGET, AS . SET FORTH IN THE 'ATTACHED' ITEMIZED:: LIST ARE - - AMOUNT,S,COMMITTEDAND FUNDED.. BUT NOT EXPEND- - ED IN T,H; FISCAL ^YEARS 200E: 2007„ AND AUTHORIZING THE CITYMANAGER'rTO:;:TAKE'SUCH MEASURES AS NECESSARY -TO ACCOMPLISH THOSE TRANSFERS;. ' PROVIDING..'FOR SEVERABILITY: ORDINANCES IN .CONFLICT; ANDAN EFFECTIVE DATE. ,­AN ORDINANCE OF ;THE MAYOR AND CITY COMMISSION OF'THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2,: ARTICLE: 1 „SECTION 22.1'(6) AND (M)(1)(k), IN ORDER TO BE CONSISTENT WITH THE CRY'S CHARTER ARTICLE II, SECTIONS 5 B, AND 6 B(3); AND EDITING THE. ORDINANCE TO CORRECT SCRIVENERS' ERRORS; PROVIDING FOR SEVERABILITY, ORDINANCES. IN CON- _ .: E0CT, AND AN EFFECTIVE DATE. .AN ORDINANCE OF THE MAYOR AND CITY COMMISSION 'OF THECITY OF SOUTH MIAMI: FLORIDA, - RELATING TO - AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE 11, SECTIONS 2-6,72-7.1, 2- 10(d), ;AND 2.15; tN ORDER-TO BRING THE CODE UP TOOATE,'AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE III, SECTION 1; AND EDITING.THE ORDINANCE TO CORRECT SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY, ORDINANCES.IN CONFLICT`, AND AN EFFECTIVE DATE. �. AN ORDINANCE OF. THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S. CODE OF ORDINANCES CHAPTER 2,^ ARTICLE�III ; "BOARDS�AND.COMMISSION&", ,SEOT.IONS 2 21. 2 -22 AND 2 -23 IN ORDER TO RING THE CODE UP TOibATE AND -TO BE CONSISTENT WITH'fHES.CLTY'S CHARTER ARTICLE -II SECTION 8 C AND EDITING THE ORDINANCE ;.lb. "CORRECT^ SCRIVENERS”. `-,ERRORS: PROVIDING - FOR, -; SEVERABILITY oa O'RDINANCES 1N CONFLICT ANANEDFFECTIVEDATE AN ORDINANCE `OF,THE MAYOR'AND CItY.COMMISSION OF THE CITY-- OF�SOUTH MIAMI,;FLORIDA REhATiNG TO AME j ' *G HE CIT,)' S CODE OF ORDINANCES CHAPTER 9, "ELECTIONS; SECTIONS'8 -1'9 1 1c; `9 -2, 9 -3, 9 6; 9 7, 9 8, ARTICLE V. AND WITH'FLORIDA STATUTES CHAPTER 101; AND EDITING THE ORDINANCE TO CORRECT. SCRIVEN• ERS l ERRORS;. :.PROVIDING: FOR SEVERABILITY ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE..; - A RESOLUTION ..OFTHE MAYOR AND1CITY COMMISSIOl' OF THE CITY OF SOUSI 4AMI; FLORIDA RELATING TC THE ISSUANCErOF :AI;CERTIFICATE ^OF,APPROPRIATE NESS PURSUANT TO SEC.TION.20= 5.19(Ex3) OF THE.LANE .. DEVELOPMENTjCOOETO`PERMIT-WALL SIGNAGE ON F _DESIGNATED',: ;HISTORIC .' COMMERCIAL ,' BUILDING LOCATED AT 5900 SUNSET!.DRIVE',(AMST,ER BUILDINGS) PROVIDING ANEFFECTIVEPATE. If you have any Inquiries on'the above items - please contact the Clerk's office al 305-663-6340, _ ALL interested parties are inyi d to attend and will be heard. MadaM Menendez,CN _C66leik Pursuant to Florida ^Sfaldies 286.0105,- the City "hereby advised public that If a. persogWdecides4o; appeal any: decision made by Board, Agency cr Commission with respect to any matter consider Its meeting or hearing,, he, or.she will need a record of the proceed and that for such purpose affected person may need.to ensure tl verbatim record of the proceedings'is made v�rhich record Include testimony and evidence u_ pon which the appeal Is to be based. '.., 7/25. . , . , ,.... . -. . _ . . _ 08-3 -,1571 jD571 AR.. ,fir.. i =T >v 1 a.m. -.4:30 p.m. daily (gardens open_ cial hall of both the World and U. t' until 5:30'p m:, house until 5 p rp) Chess Federation Chainptonshi,ps except Christmas. Day; 3251 S Miami tournaments end field trips are held g i Ave., Miami $12 adults; $9 Miamr often` A chess club Is held Thursday f. - ( ,7 - f Dade adult residents, $5 kids &12 $4 nights Participation in the Second T �; Miami --Dzi&kids, fre`e.for kids 5 and -: ' Sunday Tournamentiisenco'uraged under. 305-250-9133 or'vizcayamu 13755 $W 119th Ave West Kendall r seum.org Lk.': $5'adults, $3 children 12.and under World Chess Hall of Fame: The offs 786 =242 4255.-- ;',` Y j COURTESY NOTICE k F I CITYOF.SOUTH MIAMI;`FLORIDA i 7� . ; . I _ Z On Tuesday,* August 5 2008 beginning at 7:30 p m in the City Commission Chambers E 6130,S 'unset Drive; the Ctty. Commission will hold Public °Hearings to' consider the a °; l following items { k r d AN ORDINANCE RELATING.TO THE LAND DEVELOPMENT'CODE, REMOVING is FROM THE,LAND DEVELOPMENTCODE SECTION 20 4:4(G) ENTITLED JOINT 'F ro USE SPACES,VIA SPECIAL PARKING PERMIT";'REMOVING FROM THE LANDS g, ' DEVELOPMENT CODE SECTION.20?4.4(H)' ENTITLED "METRO RAIL'e- USAGE; . j .CONSIDERATION' VW SPECIAL PARKING PERMIT" AMENDING- SECTION W 20- 7.6ENTITLED PARKING INORDERTOMODIF�REGULATIONSPERTAINING TO BONUSES"AND PARKING •REDUCTIONSIN-TH'E:"SR(HD 01' -SPECIALTYF : , r RETAIL (HOMETOWN DISTRICT OVERLA ZONl�NG DISTRICT..AMENDING �.. , , _ SECTION P6 -8.10 ENTITLED f30NUS ALLOCATIONS IN ORDER TO ELIMINATE ; ; •Y PARKING REDUCTIONS AND PARKING BONUSES FOR DEVELOPMENT IN THE 1 '' 'TODD TRANSIT ORIENTED DEVELOPMENT DISTRICT ZONING DISTRICT AN ORDINANCE RELATING TO AN AMENDMENT OF THE -2007 2006 BUDGET APPROVING AND °ADOPTING THE RECOMMENDATIONS OF THE' CffY:° i ' S I MANAGER -T.0 INCREASE THE CURRENT 20072008 BUDGET ,FOR THE:' INCURRENCE <OF PRIOR ,YEAR EOENDITURES IN THE'`CURRENT FJSCAL x a I `- YEAR3_BUDGET AS SET FORTH'IN THE'Afbd4D IT.EMIZEU'LIST ARE !S AMOUNTS GOMMITTED,AND FUNDED BUT -NOT EXPENDED IN THE:FISCAL YEAR 2006 -2007 AND:AUTHORIZING THE_ CITY' MANAGER TO TAKE SUCH MEASURES A_ S NECESSARY TO ACCOMPLISHT.HOSE TRANSFERS' t +. i AN ORDINANCE RELATING TO AMENDING THE CITY S CODE OF ORDINANCES CHAPTER 2; ARTICLE .I, SECTION 2 =21 (B) AND (NO(1)(k),IN ORDER TO BE' 4 ± CONSISTENT WITH THE CITY'S CHARTER ARTICLE.[], SECTIONS 5 B, AND 6 B(3); AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS AN ORDINANCE RELATING TO AMENDING THE CITY S CODE OF ORJD NANCES P r t :? • CHAPTER 2, ARTICLE If,�SECTI0NS2 6, 2 7.1;.2 10(q''AND 2.35�lN_ORDER 1� ,i .T0 BRING THE CODE UP TO DATE, AND JO BE CONSISTEI;fG,WITH �a� . • .. < CITY'S CHARTER ARTICLE III SECTION 1 AND EDITING THE ORDINANCE TO .3 ' CORRECT SCRIVENERS ERRORS';`,' AN ORDINANCE RELATING TO AMENDING THE CITY SCODE OF- ORDINANCES < f _CHAPTER 2' ARTICLE . III ' ".BOARDS. AND:COMMISSIONS ° SECTIONS 2-21 .I 2722, AND 2 -23, IN ORDER TO.BR•ING,THE CODE UP TO DATE „AND TO BE D r l CONSISTENT -WITH THE - CITY'S CHARTER ARTICLE [[; •SECTION 8 C; AND" EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS” 1 ,� - •. AN ORDINANCE RELATING TO AMENDING THE'CITY S CODE OF ORDINANCES CHAPTER 9, "ELECTIONS," SECTIONS 9 -1, 9 -1.1.9 2; 9 =3 9- 6,.9- 7,19 -8, AND Y r: I 9-10- IN ORDER TO BRING THE CODE UP TO DATE :AND TO BE CONSISTENT , J WITH' THE CITY'S CHARTER - ARTICLE V. -AND WITH FLORIDA; STATUTES •CHAPTER.101; AND EDITING THE ORDINANCE:TO .CORRECT SCRIVENERS ERRORS I 3' A RESOLUTION' RELATING TO THE ISSUANCE OF :A - CERTIFICATE OF ' r I APPROPRIATENESS .PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND {. - DEVELOPMENT. CODE TO •P•ERMIT :WALL: SIGNAGE'-ON °A" DESIGNATED.. V, HISTORIC `COMMERCIAL' BUILDING` LOCATED AT 5900' SUNSET E, (AMSTER BUILDINGS). . - tix 3 i. If you have any inquires -on the above .items please contact the City, Clerks office at 305 - 663 -6340. - j . I ALL interested parties are Invited to attend and will be heard,Y s I Mana M "Menendez, CMC 4 f �'CtyClerks`i s t Pursuant to Florida Statutes 286 0105, the City hereby advises the pubric that if aperson decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or healing, he or she will need a record of the proceedings „and that for such purpose, affeaed.perSOn may need to ensure that I .a verbatim record ofihe proceedings is made which record includes the testimony ;and evidence'upon which the. appeafis to be based. 1 ., -. rrp�-•,y +s,r:.. T•,`? ., +{ ' _ Zvi::' _ {