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09-16-08 Item 6o� sour, � l � South M iami ` l ? �{k-1Lmenea GR; IIJcORPORATED 1927 OFFICE OF THE CITY (MANAGER CITY OF SOUTH MIAMI � � � LoR�� INTER - OFFICE MEMORANDUM zoos To: The Honorable Mayor, Vice Mayor and City Commissioners From: Jay Beckman, City Colrlmissioner Via: Maria M. Menendez, City Clerk Date: July 22, 2008 SUBJECT: ITEM No. AN ORDINANCE. OF TIDE 1NIAYOR AND CITY COl«SSION OF THE CITY OF SOUTH AHAAH, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE III "BOARDS AND COTVEMSSIONS," 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 WAMy DocumentsVesolutions\Memo Ordinance.Code amend ch 2. art HI.doc 1 ORDINANCE NO. 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 5 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 6 AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, 7 ARTICLE III "BOARDS AND COMMISSIONS," SECTIONS 2 -21, 2 -22, 8 AND 2 -23, IN ORDER TO BRING THE CODE UP TO DATE, AND TO 9 BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE II, 10 SECTION 8 C; AND EDITING THE ORDINANCE TO CORRECT 11 SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY, 12 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 13 14 WHEREAS, the City's current Code of Ordinances provides procedures for the 15 departments and administrative service of the City; and, 16 17 WHEREAS, the Mayor and City Con nission desire to amend its code in order to 18 bring it up to date; and 19 20 WHEREAS, the Mayor and City Corrunission. desire to airnend its code in order to 21 be consistent with the City's Charter Article II, Section 8 C. 22 23 WHEREAS ', - tie-Personnel Board -was abolished by ordinance no. '05 =08 =1940; - - 24 dated February 5, 2008; and 25 26 WHEREAS, the Code Enforcement Board was abolished by ordinance no. 6 -03- 27 1790, dated March 18, 2003, and a Special Master was created at that time; and 28 29 WHEREAS, the Planning Board is a mandatory board as provided in the City's 30 Charter Article II, Section 8 C, and that the board's functions and responsibilities are 31 provided-in the City's Land Development Code. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that: 35 36 Section 1. Chapter 2, Article III of the City's Code of Ordinances, entitled 37 Boards and Cormnissions, Sections 2 -21, 2 -22, and 2 -23 of the Code of Ordinances of the 38 City of South Miaini is being amended as follows: 30 40 ARTICLE III. BOARDS AND COA0 ISSIONS* COMMITTEESY 41 42 Sec. 2 -21. ; appointee's term ef effiee. Appointments; Mandatory Board. 43 Additions shown by underlining and deletions shown by evef Page 1 of 3 13 The Mayor, with the advice and consent of the Commission mgy appoint Boards 14 or Cointnittees to serve the City at the pleasure of the Commission for the purposes 15,, defined by the Coni nission. 16 17 (a) For any Board or Coniinittee hereinafter established by ordinance, the 18 Commission, but not by way of limitation, shall provide for the following_ i 19 .20 (1) number of members 21 (2) tenn of members 22 (3) quorum for-meetings 23 (4) duties of boards and conunittees 24 (5) presentation of actions of the board or committee to City Commission 25 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. 29 3d 32 33 , fanefiefts and duties as 34 , 35 h 3 37 38 See. 2 -23. Planning and og board. 39 4Q The planning aad zening board shall have the composition, functions and duties as i y, '7 n n this .,, ,� 41 provided by [fen er] AA le `o, - Chapte 20 E) his Cede ^and as ^l�ztcr ae , affiended e 42 ^1,.,nae here fte the City's Land Development Code Article VI, 20 -6.1 (B). m Additions shown by underlinin i and deletions shown by evef - Page 2 of 3 Thief-- nt,nll l,o the fe liewi beards i tha issie , 2 ig aad vr„Fna s eitry- 3 (1) D. ,-s..an land c-F t 1..,.,, -d. 4 (1) P 1,,,-, r, ; ,, g and z,,.-, ; ,, .,- 1-....,,-,1 6 7 (2) Cede efif feerentbeard. 8 9 All for- the ten-a and have appekatees shall SeFve appeifAed ufAil a sueeesser shall 10 been Appeintments fef terms be feF the appeifited aad qualified. urex-pir-ed shall 11 the tefm has beefi remainder ef and ufAil a suesessef appeinted wid qualified. 12 13 The Mayor, with the advice and consent of the Commission mgy appoint Boards 14 or Cointnittees to serve the City at the pleasure of the Commission for the purposes 15,, defined by the Coni nission. 16 17 (a) For any Board or Coniinittee hereinafter established by ordinance, the 18 Commission, but not by way of limitation, shall provide for the following_ i 19 .20 (1) number of members 21 (2) tenn of members 22 (3) quorum for-meetings 23 (4) duties of boards and conunittees 24 (5) presentation of actions of the board or committee to City Commission 25 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. 29 3d 32 33 , fanefiefts and duties as 34 , 35 h 3 37 38 See. 2 -23. Planning and og board. 39 4Q The planning aad zening board shall have the composition, functions and duties as i y, '7 n n this .,, ,� 41 provided by [fen er] AA le `o, - Chapte 20 E) his Cede ^and as ^l�ztcr ae , affiended e 42 ^1,.,nae here fte the City's Land Development Code Article VI, 20 -6.1 (B). m Additions shown by underlinin i and deletions shown by evef - 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 WAMy Documents\resofutions \Ordinance code updatin .g.Ch 2 Art HI.doc MAYOR 1st Reading — 2nd Reading — COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: Additions shown by underlining and deletions shown by even g. Page 3 of 3 AR:'1='1CLE 11 (Cent'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 218100) 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 (3O) -days after such occurrence, it shall be the duty of the Mayor to appoint a - succes -sor -. 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 ARTICLE 11(Cani'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 shall 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, rehabi.litat.ion,. 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. Investigations 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 CM CHARTER AMENDED 2114/66 20 -6.1 ( SOUTH AfIA-MI LAND DEVELOPMENT CODE (b) Public Hearings. i. 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, is 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 si-- (6) months for the date established for the -prior hearing at the request of-the - majority of the commission. (f) FiF13m1al 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 Boded. =(� 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. u. 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 seEai'�"�e_m n�regudlar Meetings need not be held if there are. no scheduled agen eetings 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 sere- ices.. 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 (z) 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) Procedureg. (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 (f) 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. iii 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 YIIANi CODE § 2 -21 (f) Records retention schedule. The state General Records Schedule for State and Local Government Agencies (schedule GSI) 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 ofn.ce. (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. ARTTCLE ffi. BOARDS AND COMMSSIONS* See. 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 � board. (3) Code en% meat board. f 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. II, § 1, 11- 17 -53; Ord. No. 397, § 2, 2- 18 -58; Ord. No. 415, 8- 19 -58; Ord. No. 44-5, § 1, 4- 19 -60; Ord. No. 1280, § 1, 8 -4-87) *-Cross reference— lademnification of members of boards, § 2 -4.6. Supp. No. 53 14 § 2 -22 ADMLYISTRATION AND CITY GOVERNMENT § 2 -24 See. 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. INTO. 279, Art. II, § 2, 11- 17 -53) Crass reference— Personnel board, § I6A-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. Mo. 279, Art. II, § 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 -laws 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 affirn 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 OU14TY 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 8/512008 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. Sworn to and subscribed befor me this 25 day of JULY , A.D. 2008 (SEAL) V. PEREZ personally known to me � ����yyQ Notary Publk Stale of Flonda ` Cheryl }I Mam-er My Commas;c:� UU793490 ~ +'}or w°` ExpirsG7n F. 0 ?2 CITY OF SOUTH MIAMI... NOTICE OF PUBLIC ii ARIHG NOTICE IS HEREEIYyjven Ihat :the.City Commission of the City of South Miami. Florida w con ill duct Public- Hearings at its regular City Commission meeting scheduled for Tuesday, August S. 2008 beginning at 7:30 p.m, in the ;City Commission'Chambers,. 6130 Sunset Drive. to "consider the followingilems, W. AN ORDINANCE :OF -THE' MAYOR AND.CITY COMMISSION OF THE CITY OF., :SOUTH MIAMI, FLORIDA, RELATING TO ' .THE LAND DEVELOPMENT' CODE- REMOVING FROM THE LAND DEVELOPMENT =CODE SECTION,20 -0.4(G) ENTITLED "JOINT: USE SPACES_ VIA, SPECIAL' PARKING PERMIT"; REMOVING FROM THE' LAND DEVELOPMENT CODE SECTION . '20-4.4(H) ,ENTITLED- "METRO -RAIL. USAGE - CONSIDERATION VIA SPECIAL PARKING PERMIT -; AMENDING „SECSION_,,20.7.6. ENTITLED,, -4 .'PARKING' IN ORDER TO . MODIFY REGULATIONS :;,PERTAINING TO BONUSES AND != PARK1'NG- REDUCTIONS.- -W'�THE -SR - (HD.OV.)'.vSPECIALTY .RETAIL '(HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; :,AMENDING .SECTION 20 -676 ENTITLEp,'BONUS ALLOCATIONS- IN ORDER TO ELIMINATE :PARKING'` REDUCTIONS:AND;- PARKING BONUSES” FOR.DEVELOPPJIENT- IN THE 'TODD'- TRANSIT ORIENTED DEVELOPMENT DISTRICT ZONING DISTRICT; - PROVIDING. " FOR SEVERA.BILITY, ORDINANCES AN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. j _ AN ORDINANCE .OF THE MAYOR :AND„CITY COMMISSION OF THE CITY _OE 50UTH MI Wil, FLORIDA, RELATING TO ' AN AMENDMENT OFTHE 2007 2008 BUDGET; APPROVING ,,.,., ...,no wr _ ":Yuc;ccrnMMFNn.oTIONS'OF.THE CITY MANAGER'_TO:% INCREASE. - %] L uKK=NI - ,cuur -�uuo BUDGET;: FOR' >THE INCURRENCE OF PRIOR YEAR:EXPEN- DITUF2ES iN THE'CURRENT- FISCAL 'YEAR'S BUDGET, AS SET.FORTH 1N:THE ATTACHED ITEMIZED;: LIST ARE .AMOUNTS COMMITTED ANDFUNDED:_ BUT NOT EXPEND- ED IN -.SHE FISCAL YEAR: - 2006- 2007,.'AND AUTHORIZING THE ;CfTY! MANAGER. TAKE SUCH MEASURES AS NECESSARY 'TO: ACCOMPLISH THOSE : TRANSFERS;. PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. i - 'o :,AN ORDINANCE OF-THE MAYOR AND CITY COMMISSION . OF THE CITY OF SOUTFt MIAMI; FLORIDA; RELATING TO. AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER. ' 2r- ARTICLEXSECTION :2- 2.1'(B) AND (M)(1)(k), IN ORDER:'. 'TO BE CONSISTENT WITH THE CrPrS CHARTER ARTICLE 11, SECTIONS 5 B, AND 6 B(3); AND EDITING THE. - ORDINANCE TO CORRECT SCRIVENERS "ERRORS; PROVIDING'FOR SEVERABILITY, ORDINANCES_ IN CON- _ ._FLICT,ANDANEFFECTIVEDATE. . AN ORDINANCE OF THE MAYOR AND CITY COMMISSI OF THE.CITY OF SOUTH MIAMI, FLORIDA, RELATING AMENDING THE CrrY'S CODE OF ORDINANCES CHAPT 2, ARTICLE II, SECTIONS 2.6,' 2 -7.1, 2- 10(d), AND 2 -15, ORDER TO BRING THE CODE UP TO DATE. AND TO CONSISTENT WITH THE CITY'S CHARTER ARTICLE SECTION 1; AND EDITING THE ORDINANCE TO CORRE SCRIVENERS ERRORS; PROVIDING FOR SEVERABILI ORDINANCES IN CONFLICT.;ANDAN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSI OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING AMENDING THE CITY'S CODE OF ORDINANCES CHAPI 2. ARTICLE, III "BOARDS:AND .CO_MMISSIONS;'; -_SECTIC 2 -21, 2 -22, ANC 2,23, IN ORDER TO BRING THE `CODE .:TO 'DATE:AND' "TO'BE?CONSISTENP WITH THE.GIl CHARTER ARTICLE 11 SECTION -6 C:,AND,- EDITING._ ORDINANCE = CORRECT�:r SCRIVENERS. '.ERRO PROVIDING''_FDR: SEVERABIUTY:; ;ORDINANCES" CONFLICT AND AN.EFFECTIVE DATE AN ORDINANCE OF Tll` MIU OR AND CITY COMMISS OF THE_CITY:;OF: SOUTF;'I:: MIAMI;FLORIDA�RE6ATING AMENDING THE CITY'$. CODE OF ORDINANCES CHAP' 9. "ELECTIONS,; SECTION §,i9 ?1;41.1_; ARTICLE V. AND WITH :FLORIDA STATUTES 1 AND EDITING THE ORDINANCE TO CORRE ERS ERRORS; :.P.ROVIDING, : FOR S A RESOU OF THE ( THE ISSL COMMISE RELATING NESS PURSUANT TO- SECTION.20>5..19 {E$3) OF THE L DEVELIOPMENYCODE TO PERMIT-INALC StGNAGE C - DESIGNATED `..HISTORIC .; COMMERCIAL . BUILC LOCATED AT 5900 SUNSET. DRIVE`(Atv1STER BUILDIN PROVIDING AN EFFECTIVE DATE. , If you have any inquiries on the above items please cdntacl Clerk's officeat: 305 - 663-63.40,:_....' -: . - ',.-i;' +' "" ) ALL interested parbeS are i nvited t6 attend grid will be heard' ' Maria M. Menendez "City 'Clerk Pursuant to Florida St. alutes:.286.0105,' the £ity'hereby adi public that if a person. decides "to, appeal any decision mad. Board, Agency or Commission with'respect to any halter cons its meeting or hearing, he or . she will need a record of the "proc and that for such purpose, .affected person may need Ioegst verbatim record of the proceedings' is. made wIlich ilreccirtf incl testimony and evidence u_ pon which the appeal is to be based. 7125. ... .. .. 06 :3057/1! M �> s:- a.rrr. -4:30 p.m. daily (gardens open until 5:30 p.m., house until 5 p.m.) except Christmas.Day; 3251 S. Miarrii Ave:, Miami. $12 adults, $9 Miami - Dade adult residents, $5 kids 6'12,$4 Miami -Dade kids, free for kids 5 and . under: 305- 250 -9133 or vizcayamu- seum.org. World Chess Hall of Fame: The offi- cial hall of both the World and U.S. Chess. Federation. Championships, tournaments and.feld -trips are held often. A chess club is held Thursday nights. Participation in the Second Sunday Tournament is encouraged; 13755 $W 119th Ave:; West Kendall;. $5 adults, $3 children 12 and under.: 786- 242 -4255. - I COURTESY-.NOTICE ' CITY OF 80UTH MIAMI FLORIDAi----1. On Tu$sday, August 5, 2008, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission.will hold Public ..Hearings to ;consider the'. following perils; j :AN ORDINANCE RELATING.TO THE LAND�DEVELOPMENT CODE; REMOVING FROM THE: LAND DEVELOPMENT CODE SECTION 20- 4.4(G) ENTITLED. "JOINT. . .USE SPACES VIA SPECIAL PARKING PERMIT"; REMOVING FROM THE•LAND.' DEVELOPMENT. CODE. -st ION.26- 4.4(H) ENTITLED' "METRO =RAIL U.SAGE::. . CONSIDERATION VIA SPECIAL' PARKING PERMIT .``AMENDING - -SECTION 2D -7:6 ENTITLED " PARKING" IN ORDER TO MODIFY REGULATIONS PERTAINING TO BONUSES AND PARKINGAEDUCTIONSIMTHE "$R(HD OVj ;SPECIALTY_ RETAIL - (HOMETOWN - DISTRICT. OVERLAY) ZONItyG QISTRICT;; °AMENDING SECTION 20 -8.10 ENTITLED "BONUS ALLOCATIONS" IN ORDER TO ELIMINATE PARKING REDUCTIONS AND PARKING BONUSESTOR DEVELOPMENT IN THE 'TODD" TRANSIT ORIENTED DEVELOPMENT DISTRICT ZONING DISTRICT !' AN ORDINANCE RELATING TO AN AMENDMENT:OF -THE 2007.2008. BUDGET; 1. APPROVING AND ADOPTING THE RECOMMENDATIONS' OF THE CITY MANAGER TO INCREASE_THE_CURRENT 2007 -2008 BUDGET,,:FOR•THE INCURRENCE, OF PRIOR YEAR EXPENMURES IN THE CURRENT';FI$CAL' YEAR'S: BUDGET, ASSET' FORTH :IN "THE ATTAQHED ITEMizff is' * RE ' :. AMOUNTS GOMMITTED.AND FUNDED, BUT NOT EXPENDED IN THEFISCAL YEAR 2006 -2007, AND AUTHORI,7JNG THE CITY MANAGER_ TO -TAKE SUCH MEASURES AS NECESSARY TO ACCOMPLISH THOSE TRANSFERS AN ORDINANCE RELATING TO AMENDING THE CITY' ;S CODE OF ORDINANCES CHAPTER 2, ARTICLE I, SECTION 2 -2.1 (6) AND (0)(1)(k), IN ORDER -TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE II, SECTIONS 5 B., AND 6. - B(3); AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS. AN ORDINANCE RELATING TO AMENDINGTHE CITY'S CODE ORORJAIANCES CHAPTER 2, ARTICLE II, SECTIONS 2 6, 2 J.1, 2 -1 b(d), AND- 2i5f1N_ORDER ,TO BRING THE CODE UP TO BATE, AND TO. BE CONSISTENT W(TH THE`.° . CITY'S CHARTER ARTICLE III,;'SECTION 1; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS. AN ORDINANCE 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; EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS." 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, 9 -8, AND 9 -10, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE-CONSISTENT WITH THE CITY S CHARTER ARTICLE V. AND WITH FLORIDA.. STATUTES CHAPTER 101; AND EDITING THE ORDINANCE.TO CORRECT SCRIVENERS ERRORS. A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.190(3) OF THE LAND DEVELOPMENT CODE TO..PERMIT WALL SIGNAGE -ON. A. DESIGNATED HISTORIC COMMERCIAL. BUILDING LOCATED At 5900 SUNSET:2E- (AMSTER BUILDINGS). If you have any inquiries on the above. items please contact. the City Clerk's office at: 305-663-6340. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CIVIC City Clerk .. Pursuant to Florida Statutes 286.0105, the City hereby advises the public that If a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter consider etl at its meeting or hearing, he or she vnll need a record of the proceedings, and that for such purpose, affected person may need to ensure that - a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based.: - - - C 0 I° J v. L w x .. 0 Z E: 0 E ►a MIAMI -DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miamt. Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF IJIIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, 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 tire matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR AUGUST 19, 2008 in the XXXX Court, was published in said newspaper in the issues of 06/08/2008 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 a rtisement ublication in the said newspaper. Sworn to and subscribed before me this day of 5' , A.D. 6 (SEAL) O.V. FERBEYRE personally known to me i � A4ARIA1. MESA t' MY COtdMI5SI0N @ 00750170 '- , ��y ; E);P1RE5: Mardl4, 2012 - "'S'r,'r..s:�' tmnrw nvv uw:,n rd r wdaM,nan CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City. Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled forTuesday, August 19, 2006 beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to - consider the following items: - - - AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH, MIAMI, FLORIDA, RELATING TO REQUEST TO AMEND LAND DEVELOPMENT CODE . SECTION 20- 3.3(E) ENTITLED "OUTDOOR SEATING/ DINING FOR ALL COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING DISTRICT.". IN ORDER TO AMEND THE REQUIRE- MENTS AND STANDARDS APPLICABLE TO OUTDOOR SEATING FOR RESTAURANTS; DELETING REPETITIVE SECTION 204.29 ENTITLED "OUTDOOR SEATING /DINING USES AND AREAS "; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN 'CONFLICT; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY -OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI. LAND DEVELOPMENT CODE SECTION 20 -4.4 (A) ENTITLED -OFF- STREET PARKING REQUIRE- MENTS' ..IN ORDER TO MODIFY THE PROVISIONS ' ALLOWING == FOR � `ADJACENT ON- STREET PARKING 'SPACES ,TO, BE COUNTED AS REQUIRED PARKING; -REMOVING THE PROVISIONS ALLOWING FOR ON- STREET PARKING SPACES TO BE CREDITED TO OTHER NEARBY PROPER - TIES; :.AND' PROVIDING FOR AN ANNUAL FEE TO BE ASSESSED. FOR COUNTING ON- STREET SPACES AS REQUIRED. SPACES; PROVIDING FOR SEVERABILITY. ORDINANCES- IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 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 THREE ADDITIONAL CONTROLLED PARKING RESIDENTIAL ZONES; PROVID- ING 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 I, SECTION 2 -2.1 (B) AND (M)(1)(k), IN ORDER TO BE CONSISTENT-WITH THE CITY'S CHARTER ARTICLE 11, SECTIONS 5 B. AND 6 B(3); 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 COMMISS OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING AMENDING THE CITY'S CODE OF ORDINANCES CHAP' 2, ARTICLE II, SECTIONS 2-6, 2 -7.1., 2- 10(d), AND 2 -15 ORDER TO BRING THE CODE UP TO DATE, AND TO CONSISTENT WITH THE CITY'S CHARTER ARTICLE SECTION 1; AND EDITING THE ORDINANCE TO CORRI SCRIVENERS ERRORS; PROVIDING FOR SEVERABIL ORDINANCES IN CQNFLICT, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISS OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING AMENDING THE CITY'S CODE' OF ORDINANCES CHAP - 2, ARTICLE III "BOARDS AND COMMISSIONS, SECTION. 21, 2 -22, AND 2 -23, IN ORDER TO BRING THE CODE OF DATE, AND TO BE CONSISTENT- WITH THE Cl, CHARTER ARTICLE 11, SECTION B C; AND EDITING ' .ORDINANCE TO CORRECT SCRIVENERS ERRC PROVIDING FOR SEVERABILITY, ORDINANCES CONFLICT, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISS OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING AMENDING THE CITY'S CODE OF ORDINANCES CHAP' 9. "ELECTIONS," SECTIONS 0, 9-1.1_9-2,9-3.9-6,9-7 , AND 9 -10, IN ORDER TO BRING. THE CODE UP TO DP AND TO BE CONSISTENT WITH THE CITY'S CHARTER TICLE V. AND WITH FLORIDA STATUTES CHAPTER AND EDITING THE ORDINANCE TO CORRECT SCRIV ERS ERRORS; PROVIDING FOR SEVERABIL ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISS OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING THE ISSUANCE OF A CERTIFICATE OF APPROPRII NESS PURSUANT TO SECTION 2D- 5.19(E)(3) OF THE Li DEVELOPMENT CODE TO PERMIT WALL SIGNAGE C DESIGNATED HISTORIC COMMERCIAL .BUILD LOCATED AT 5712 SUNSET DRIVE (CROSSRO, BUILDING); PROVIDING AN EFFECTIVE DATE. If you have any inquiries on the above items please contact Clerk's office al: 305- 663 -6340 - .. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, C City Clerk Pursuant to Florida Statutes 2B6.0105, the City hereby ad, public that if a person decides to appeal any decision mad. Board, Agency or Commission with respect to any matter con= - its meeting or hearing, he or she will need a record of the pror and that for such purpose, affected person may need to ensr verbatim record of the proceedings is made which record Intl testimony and evidence upon which the appeal is to be based. 818 08- 3 -5011- School Bully Buster Child Safety Pro- Tea in Metro Northwest Extends gram: Features self- defense tech - Hours: The operating hours for Team niques and avoidance strategies that Metro Northwest Office are 9 a.m. to help elementary age students under- 7 p.m. on Tuesdays, cash is not .. stand the effects of bullying; 5:15 to accepted for any transactions, fees 6:45 p.m. Monday; Anta's Fitness and. must be paid with a check ormoney Self Defense, 10721 NW 58th St., Doral; free. 305- 599 -36.49 or antak- o TURN TO CALENDAR, 46 ungfu.co m. COURTESY. NOVICE < - CITY ®F. SOUTH MIAMI .FLORIDA On Tuesday, August 19, 2008; beginning at 7:30 `p.m., in he City Commission Chambers,' 6130.Sunse-t, Drive, the City. Commission will hold Public Hearings_ to consider the following items: AN ORDINANCE RELATING TO A REQUEST T.O. AMEND LAND DEVELOPMENT CODE SECTION 20- 3.3(E) ENTITLED "OUTDOOR SEATING/DINING FOR ALL . COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL OFFICE. ZONING DISTRICT" IN ORDER TO AMEND THE REQUREMENTS AND STANDARDS APPLICABLE -' T0. OUTDOOR . SEATING FOR.: RESTAURANTS; DELETING REPETITIVE. SECTION 20 -7.29 ENTITLED. "OUTDOOR SEATING/ DINING USES AND AREAS ". AN ORDINANCE AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION ,20 -4 :4 (A) ENTITLED "OFF- STREET PARKING REQUIREMENTS- IN ORDER.J0 MODIFY THE PROVISIONS ALLOWING`FOR.- ADJACENT OWSTREET PARKING SPACES TO. BE COUNTED;AS REQUIREDPARKING; G THE PROVISIONS = ALLOWING FOR ON- STREET : PARKING'` SPACES TO BE ,CREDITED -TO. . NEARBY PROPERTIES; AND PROVIDING F.OR AN ANNUAL TD. BE ASSESSED FOR COUNTING ON- STREET SPACES AS REQUIRED AN "ORDINANCE AMENDING THE SOUTH MIAMI CODE OF ORDINANCES BY AMENDING SECTION 15799, ENTITLED CONTROLLED PARKING RESIDENTIAL ZONES; TO • DESIGNATE THREE ADDITIONAL CONTROLLED PARKING RESIDENTIAL ZONES. AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, 'ARTICLE (, SECTION 2 -2.1 (B) AND .(M)(1)(k); IN ORDER TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE LI, SECTIONS 5 B, AND .6 B(3) ; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS. AN ORDINANCE AMENDING THE CITY'S CODEtOF ORDINANCES CHAPTER 2, ARTICLE ll, SECTIONS 2 -6, 2 -71, 2 -10(d), AND 2 -15,, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE III, SECTION. 1; AND EDITING THE '-ORDINANCE TO .CORRECT SCRIVENERS ERRORS. AN ,:0 DINANCE 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. AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES: CHAPTER 9, "ELECTIONS," SECTIONS 9-1.19-1.1., 9 =21 9- 3.9- 6,.9 -7; 9 -8; AND 9 -10, IN ORDER TO BRING THE CODE UP TO DATE,AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE V. AND WITH FLORIDA STATUTES CHAPTER 101; AND EDITING THE ORDINANCE TO CORRECT'SCRIVENERS ERRORS; A. RESOLUTION RELATING TO THE` ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5:19(E)(3j OF THE LAND DEVELOP MENTCODETOPERMITWALLS IGNAGEONADESIGNATEDHISTORIC .. COMMERCIAL BUILDING LOCATED AT 5712 SUNSET DRIVE (CROSSROADS.. BUILDING). If you: have any inquiries on the above items please contact-the City Clerk's office' at: 305-663-6340. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CIVIC . ... City Clerk - Pursuant to Florida stabiles 286.0105, the'City hereby advises the public that if a person Aecides to appeal any . decision made by, this. Board, Agency-or Commission with respect to,any.matler..considered of its meeting or hearing; he or she- ill need a record of the: proceedings, and that for such purpdse affected - person may heed to ensure that a verbatim record of the proceedings is made va vch record includes the tesOmony'and evidence upon which the appeal is to be based - - --tml OD O O N O_ t- ? a r a o . v x Q W S .. t—, z E 0 n7 , METRO & STATE V CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, September 16, 2008 beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider the following items: AN ORDINANCE RELATING Td AMENDING T'HE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE I, SECTION 2 -2.1 (B) AND (M)(1)(k), IN ORDER TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE II, 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 ORDINANCES CHAPTER 2, ARTICLE 11, SECTIONS 2 -6, 2 -7.1, 2 -1 Old), AND 2 -15, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE III, SECTION 1; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS. j� AN ORDINANCE RELATING TOAMENDINGTHE 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. 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, 9 -8, AND 9 -10, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE V. AND WITH FLORIDA STATUTES CHAPTER 101; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS. A ORDINANCE RELATING TO AMENDMENT OF 2007 -2008 FISCAL YEAR BUDGET; APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER LINE ITEMS AS SET FORTH IN THE ATTACHED ITEMIZED LIST WITHIN EACH CITY DEPARTMENT PURSUANT TO ARTICLE IV F(1) OF THE CITY CHARTER FOR THE BUDGET YEAR ENDING SEPTEMBER 30, 2008, AND TO INCREASE THE CURRENT YEAR BUDGET FOR DEBT SERVICE AND CAPITAL IMPROVEMENTS (GARAGE LOAN) NOT INCLUDED IN THE FINALADOPTED BUDGET, BUT INCURRED IN THE CURRENTYEAR; AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS ARE NECESSARY. AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO REMOVE SECTIONS 20 -4.5 (H), (1), (J), (K), (L), (M) AND (N) FROM ARTICLE IV, SECTION 20 -4.5 ENTITLED LANDSCAPING REQUIREMENTS IN ORDER TO PROVIDE FORA NEW SECTION 20 -4.12 EMiTLED TREE PROTECTION; CONTAINING INTENT, DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL; PROVIDING FOR TREE MITIGATION AND PROTECTION, APPEALS, ENFORCEMENT, PENALTIES AND REMEDIES; PROVIDING FORA REPEAL PROVISION AND A SEVEPABILRY CLAUSE. AN ORDINANCE RELATING TO NOISE, AMENDING ARTICLE III, SECTION 15 -91, OF THE CODE OF ORDINANCES; CHANGING THE DATE AND TIME WHEN CONSTRUCTION NOISE IS PERMITTED. AN ORDINANCE RELATING TO THE PERMIT FEUFEE SCHEDULE; AMENDING ORDINANCE 32 -01 -1763 AND 15 -04 -1822 AS AMENDED BY ORDINANCES TO, INCREASING SOME PERMIT FEE,ADDING NEW FEES AND DELETING SOME FEES FROM THE SCHEDULE. AN ORDINANCE RELATING TO THE CODE OF ORDINANCE; AMENDING SECTION' 2- 2.1(A) ENTITLED "RULES OF PROCEDURE FOR CITY COMMISSION MEETINGS", TO ALLOW FOR MEETING TIME LIMITS. A RESOLUTION RELATING TO A REQUEST PURSUANTTO SECTION 20- 3.4(B)(19) OFTHE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL FOR A SMALL RESTAURANT TO BE LOCATED AT 5800 SW 73" STREET WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN, DISTRICT OVERLAY) ZONING DISTRICT ON PROPERTY LEGALLY DESCRIBED AS LOTS 46 AND 47 LESS THE WEST 60 FEET, 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. If you have any inquiries on the above items please contact the City Clerk's office at: 305 - 663 -6340 ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which tit. appeal is to be based. D1 SATURDAY, SEPTEMBER 6, 2008 1 56 relating to the Social and Economic Development Council • Ordinance amending Section 10 -33.02 of the Code of Miami -Dade County; pertaining to the Community Small Business Enterprise (CSBE) program for the purchase of construction services; providing for enforcement and penalties for failure to satisfy an approved CSBE make -up plan; amending Section 8cc of the Code of Miami -Dade County • Ordinance amending Ordinance No. 07 -129 to transfer eight percent local business tax revenues to the Beacon Council from the Office of Community and Economic Development; amending Section 8a -171.2 of the Code of Miami Dade County, Florida relating to local business tax • Ordinance amending Ordinance No. 07 -129. relating, to the transfer of eight percent local business tax revenues from Office of Community and Economic Development to Metro -Miami Action Plan Trust; providing such percentage shall be allocated by the Beacon Council to, Metro -Miami Action Plan. Trust • Resolution approving application of Excel Transportation, Inc. to modify Certificate of Transportation No. 123 to provide Jitney Service as a passenger motor carrier Transit Committee (TC) of Wednesday, September 10,2008, at 2:00 PM • Ordinance relating to seaport safety; amending Sections 28a -6.4 and 28a -6.6 of the Code of Miami -Dade County; requiring the Port Director to consider a stevedore applicant's work- related safety record in issuing stevedore licenses and permits; authorizing the Port Director to suspend or revoke stevedore. licenses and permits based on the stevedore's work- related safety record; creating Section 28a -6.7; requiring stevedore license and permit holders to report. work-related accidents, injuries, deaths and regulatory actions to the Director • Ordinance amending Section 30 -388.2 of the Code of Miami -Dade County, providing that consistent with state law'parking charges maybe imposed on vehicles displaying a disabled parking permit or license tag at any County Airport or Seaport undet specified circumstances, but that such charges may not be imposed for certain vehicles as defined in such state law Airport and Tourism Committee (ATC) of Thursday; September 11, 2008, at 9:30 ArA • Ordinance amending Section 30 -388.2 of the Code of Miami -Dade County; providing that consistent with state law parking charges may be imposed on vehicles displaying a disabled parking permit or license tag at any County Airport or Seaport under specified circumstances, but that such charges may not be imposed for certain_ vefiicles as defined in such state law • Ordinance creating Aircraft Noise Abatement Advisory Board for Miami International Airport; providing membership, purpose, procedures, powers and duties • Ordinance creating Miami International Airport Neighborhood Relations Committee; providing purpose, membership, procedure, powers and duties, Staff Health and Public Safety Committee (HPSC) of Thursday, September 11, 2008, at 2:00 PM • Ordinance pertaining to animals; creating Section 5 -21 and amending Section 8cc -10 of the Code of Miami-Dade County; regulating the tethering of dogs; providing authority for enforcement by civil penalty All interested - parties may appear and be heard at the time and place specified. A person who decides to appeal• any decision made by any board, agency, or commission wHh respect to any matter considered at its meeting or hearing, will need a record of proceedings. Such persons may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is to be based. Miami -Dade County provides equal access and equal opportunity and does not discriminate on the basis of disability in its programs or services. For material in alternate format, a sign language interpreter or other accommodation, please call 305- 375 -3943. HARVEY RUVIN, CLERK KAY SULLIVAN, DEPUTY CLERK