Loading...
12-16-08 Item 22sourf, a _ South Miami IWCORPORATED •� CITY OF SOUTH MIAMI �C 11927 OFFICE OF THE CITY MANAGER _ INTER- OFFICE MEMORANDUM zoos To': The Honorable Mayor, Vice Mayor and City Commissioners From: Jay Beckman, City Commissioner Via: Maria M. Menendez, City Clerk Date: I'Dat July 22, 2008 ITEM No. SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COM1MSSION OF THE CITY OF SOUTH M ANH, FLORIDA, RELATING TO MUENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE I, SECTION 2 -2.1 (B) AND (MV)(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; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. STAFF'S OBSERVATIONS _:_In.r_eviewing the.Code.of Ordinances, we have, found_ some discrepancies with regard o.tbe:City's Charter, as indicated on page 1; in addition, some language has been incorporated in order to be consistent with the Charter, as indicated by the underlined language on page 2. 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 34 -35, and 39; 2) Page 2; lines 2 -5, 7 -8, 20 and 26 -32; Copies of the particular sections of the Code and Charter are attached as backup for reference. Documentation: Draft Ordinance Code of Ordinances Sec. 2 -2.1 Charter Art. II, Sec. 5 WAMy DocumentsVesolutionsNemo Ordinance.Code amend ch 2 art I.doc I ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMIS SION OF 5 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 6 AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, 7 ARTICLE I, SECTION 2 -2.1 (B) AND (M)(1)(k), IN ORDER TO BE 8 CONSISTENT WITH THE CITY'S CHARTER ARTICLE II, SECTIONS 9 5 B, AND 6 B(3); AND EDITING THE ORDINANCE TO CORRECT 10 SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY, 11 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City's current Code of Ordinances provides procedures for 14 calling regular, special and workshop meetings and provides for agendas for such 15 meetings; and, 16 17 WHEREAS, the Mayor and City Com rnission desire to amend its code to be 18 consistent with the language contained in the City's Charter Article II, Section 5 B; and 19 20 WHEREAS, the Mayor and City Commission desire to amend its code to be 21 consistent with the language contained in the City's Charter Article II, Section 6 B(3). 22 23 NOW, THEREFORE, BE IT ORDAINED-- BY THE MAYOR AND CITY 24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that: 25 2 Section 1. Chapter 2, Article I, Section 2 -2.1 of the Code of Ordinances of the 27 City of South Miami is-entitled "Rules of Procedure of City Commission. Section B of 28 section 2 -2.1 is being amended as follows: 29 30 Sec. 2 -2.1. Rules of procedure of city commission .3 l' 32 (B) SPECIAL MEETING; WORKSHOP MEETING. A special meeting or a 33 workshop meeting of the city commission may be called by the mayor 34 whenever in his opinion the public business may require it, or whenever tie 35 () three (3) or more members of the city commission request a special or 36 workshop meeting. Whenever a special or workshop meeting shall be called 37 by the mayor, a notice in writing signed by the mayor shall be served on the 38 city clerk, and whenever a special or workshop meeting shall be called by 39 twe -(2) three 3 or more members of the city, commission, notice in writing 40 signed by such commission members shall be served in writing upon the city 41 clerk. The clerk shall forthwith serve either verbal or written notice upon 42 each member of the ' d1y commission, the mayor, the city manager and the 43 city attorney, stating the date and hour of the meeting, and the purpose for Additions shown by underlining and deletions shown by evef b Page 1 of 3 I which such meeting is called, and no other business shall be transacted at 2 that meeting other than that for which the meeting was called. The 24 -hour 3 time limit may be waived in time of public emergency affecting life health 4 property or safety_ The clerk, in the notice of a special meeting, shall allow 5 at leas t not less than twenty -four (24) hours to elapse between the call of the 6 meeting and the date and hour of the meeting. A copy of said notice is to be 7 posted in a prominent and conspicuous place in the city hall at not less 8 than twenty -four (24) hours prior to such meeting. The minutes of each 9 special meeting shall show the manner and method by which notice of such 10 special meeting was given, or shall show a waiver of notice. All special 11 meetings shall be open to the public and shall be held in the city hail. For the 12 purposes of this paragraph, the leaving of a copy of notice at the residence of 13 the mayor or any commissioner shall constitute service on such mayor and 14 commissioner. 15 16 (M) ORDINANCES, RESOLUTIONS, MOTIONS AND CONTRACT: 17 18 (1) Preparation and presentation of ordinances and resolutions. 19 20 (k) Where state law required one or more public hearings be held 21 prior to any action being taken by the commission on any 22 ordinances or resolutions, then in that event, the notice -23 requirements shall be inet -prior to the first reading and all persons 24 interested in such ordinances or resolutions shall have an 25 opportunity to be heard prior to any action being taken thereon by 26 the commission at such public hearing. Or-diaa-Hees shall be read in 27 Each ordinance shall be read by 28 only the title at both first and second readings and shall be 29 considered at no less than two meetings of the Coininission unless 30 declared emergency. If an ordinance is materially amended upon 31 the final readin, an additional reading shall be required at a 32 subsequent meeting of the Coininission. 33 34 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any 35 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 36 shall not affect the validity of the remaining portions of this ordinance. 37 38 Section 3. All ordinances or parts of ordinances in conflict with the provisions 39 of this ordinance are repealed. 40 41 Section 4. This ordinance shall be codified and included in the Code of 42 Ordinances. 43 Additions shown by underlining and deletions shown by ev., , b' 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 Section 5. This ordinance shall take effect unmediately upon enactment. PASSED AND ADOPTED this day of , 2008. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY WAMy DocumentsVeso]utions\0rdinance code updating ch 2 art I.doc APPROVED: MAYOR 1St Reading — 2nd Reading — COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palliser: Commissioner Beckinan: Additions shown by underlining and deletions shown by evef tgib. Page 3 of 3 § 2 -2 SOUTH MLOff CODE § 2 -2.1 The above named council- manager charter shall be that under which all the municipal fiuictions of the government of the City of South Miami shall be conducted and the old charter as amgDiled in July 1950 shall thereafter be held for naught and shall have no force -and effect. All ordinances and resolutions adopted and passed in proper form by the mayor and the city council [commission] prior to the final adoption of this section are hereby declared to be in full force and effect and are valid and effective as if the same were individually and collectively passed and adopted under the pro- vision of this aforesaid passed and adopted council- manager charter. (Ord. No. 277, §§ 1--4, 10- 14 -53)' Sec. 2 -2.1. Rules of procedure of city commission. The following rules of procedure shall govern all meetings of the city commission, namely: (A) REGULAR MEETING. The city commission shall hold regular meetings at 7:30 p.m., on the first and third Tuesdays of each month with the exception of the months of June and July. The city commi sion shall hold regular meetings at 7:30 p.m. on the first and second Tuesdays of June and the last two (2) Tuesdays of July. When the day set for any regular meeting falls on a day designated by law as a legal, public, national or religious holiday, such meeting shall be held on the next succeeding day follow- ing such holiday. Regular meetings may be otherwise postponed, canceled or reset only by resolution adopted at a regular meeting of a majority of the entire membership of the commission. All regular meetings shall be held in the - commission chambers located in the city hall. No meeting of the city commission shall extend later than 11:00 p.m., except upon the affirmative vote of a majority of members present at the meeting. Any and all items not considered by this limitation time period will be deferred to the next regular scheduled commission meeting. (B) SPECIAL MEETING; WORKSHOP MEETING. A special meeting or a workshop meeting of the city commission Supp. No. 62 4.2 4, - = x" 4 2 -2.1 ADA'FLYISTRATION AND CITY GOYERNT LENT § 2.2.1 may be called by the mayor whenever in his opinion the public business may require it, or whenever two (2) mem- Supp. No. 60 5 § 2-2.1 ADMIMM RATION AND CITY GOVERNMENT 92-2.1 hers of the commission request a special or workshop meet- ing. Whenever a special or workshop meeting shall be called by the mayor, a notice in writing signed by the mayor shall be served on the city clerk, and whenever a special or workshop meeting shall be called by two,�g ort�� more members of the city commission, notice in writing v signed by such commission members shall be served in writing upon the city clerk. The clerk shall forthwith.serve _. either verbal or written notice upon each member of the commission, the mayor, the city manager and the city attorney, stating the date and hour of the meeting, and the purpose for which such .meeting is called, and no other business shall be transacted at that meeting. The clerk, in the notice of a special meeting, shall allow at least twenty- four (24) hours to elapse between the call of the meeting and the date and hour of the meeting. A copy of said notice is to be posted in a prominent and conspicuous place in the city hall at least twenty -four (24) hours prior to such meet- ing. The minutes of each special meeting shall show the manner and method by which notice of such special meet- ing was given, or shall show a waiver of notice. All special meetings shall be open to the public and shall be held in the city hall. For the purposes of this paragraph, the leav- ing of a copy of notice at the residence of the mayor or any commissioner shall constitute service on such mayor and commissioner. (C) AGENDA. There shall be an official agenda for every meet- ing of the commission which shall determine the order of business conducted at the meeting. The commission shall not take action upon any matter or item or business which is not listed upon the official agenda without approval of at least three (3) commissioners present at such regular meet- ing. Th-e agenda shall be prepared by the clerk in appro- priate form approved by the commission. Matters may be placed on the agenda by the mayor, city manager, any commissioner, and the city attorney. A copy of the agenda shall be delivered to each commissioner, the mayor, city manager, and the city attorney seventy -two (72) hours prior to any regularly scheduled meeting, and twenty -four (24) hours prior to any special or workshop meeting. No busi- Supp. No. 44 6.1 ARTICLE 11(Caut'd) shall, by majority vote, appoint additional interim Commission members and shall schedule a special election to be held no less than 30 days nor more than 60 days after the loss of a quorum to fill any vacancy that exists for more than nine months prior to the next general election. 6. In the event that all members of the City Commission are removed by death, resignation, suspension, removal, or forfeiture of office, the Governor of the State of Florida shall appoint an interim City Commission and* the City Clerk shall schedule a special election to be held not less that 30 days nor more than 60 days after the occurrence of the last vacancy to fill all vacancies that exist for more than nine months prior to the next general election. (Amended 2/8/00) SECTION 5. Heetings A. Attendance. All meetings of the City Commission shall be public. P. Special Keetings. Special meetings may be held upon call by the Mayor or three or more Commissioners. Written notice of the meeting shall be delivered to the members of the Commission by the City Clerk not less than 24 hours the meeting is held. - No business -shall be transacted at any special meeting other than that for which the meeting.was called. The 24 -hour time limit may be waived in time of public emergency affecting life, health, property or safety. (Amended 2/8/00) 4 C. Regular Meetings. The Commission shall meet regularly at such times and places as may be prescribed by its rules but not less frequently than twice each month. D. Procedure. The Commission shall fix its rules of procedure and order of business or, in the absence of applicable rules, it shall follow Robert's Rules of Order (Revised). F. Record. The Commission shall keep a permanent written public record of its proceedings. F. Quorum. Four members of the Commission shall constitute a quorum for a regular meeting and three members shall constitute a quorum for a special meeting. 9 ( SOUTH MIAMI CITY CHARTER AMENDED 2114106 ARTICLE E0 (Cant9d) (2) Public Hearings. The public hearing shall follow the introduction of the ordinance and publication by at least ten (10) days prior to the public hearing and may held separately or in conjunction with the regular City Commission meeting. All interested persons shall have an opportunity to be heard. (3) Readings. Each ordinance shall be read by only the title at both first and second readings and shall be considered at no less than two meetings of the Commission unless declared emergency. If an ordinance is materially amended upon the second reading, a third reading shall be required at a subsequent meeting of the Commission. (Amended 2/94) C. Effective Date. Except as otherwise provided in this Charter, every adopted ordinance shall .become effective at the expiration of ten (10) days after adoption of any other date specified therein. D. Voting Procedure. Voting shall be by roll call. The "yeas" and "nays" shall .be recorded individually in the minutes of each meeting. No Commission member shall be excused from voting as required by law. (Amended 2/8/00) 1. Requirements for Adop Lion. All resolutions or .ordinances shall be adopted by no less than three affirmative votes of the City Commission. (Amended 2/8/00) Except as otherwise provided in this Charter, four affirmative votes of the City Commission shall be required in the following instances: (Amended 2/8/00) To issue bonds or borrow money To grant, renew or amend any lease or franchises To transfer title to property To liberalize land use and development regulations To appropriate or expend non - budgeted funds To approve an initiatory ordinance pursuant to Article V 2. Emergency Ordinances. To meet a public emergency affecting life, safety, health, property or the public peace, the Commission may adopt one or more emergency ordinances, but an emergency ordinance may not grant, renew or extend a franchise or authorize the borrowing of money except as provided in this 11 SOUTH MAMI CITY CIiARTER AMENDED 2/14/06 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. Swom to and subscribed befor me this 25 day of JULY , A.D. 2008 (SEAL) V. PEREZ personally known to me Notary Publii Slate of Flonda Cheryl H Mam:er „ ® e My Commjsslwe OD793490 V.oF Expires 07!1 FIn' 2 CITYOF SOUTH MIAMI. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that lhe.Cily Commission of the City of South Miami: "Florida : will conduct Public -: Hearings at its regular City Commission meeting scheduled for Tuesday, August 5, 2008 beginning at 730 p.m. in the City Commission'Chambers,. 6130 Sunset Drive, to considerthe followingilems . 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 DEVELOP b4ENT;CODE$ECTION204.4(G) ENTITLED -JOINTLSESPACES,:VIA; .SPECIAL- PARKING PERMIT"; REMOVING FROM'I -THE • LAND DEVELOPMENT CODE SECTION .'20A.4(H) ,ENTITLED., 'METRO -RAIL. USAGE - CONSIDERATIC)N. VIA SPECIAL "? PARKING '. PERMIT"; ` AMENDING- ENT ITLED;,. _-PARKING' IN ORDER." TO MODIFY:. REGULATIONS -::PERTAINING TO BONWSES'-- AND,..ePARKIlJG- REDUCTIONS:[BJ' =THE 'SR (HD -OV)- SPECIALTY - RETAIL (HOMETOWN DISTRICT OVERLAY. ZONING.' DISTRICT; ;,AMENDING SECTION . 20 -8:10 ENTITLED BONUS ALLOCATIONS- INORDER TO ELIMINATE :PARKING" REDUCTIONS `? AND: PARKING BONUSES` FOR`,DEVELOPMENT IN THE-TODD TRANSIT '. ORIENTED DEVELOPMENT DISTRICT ZONING. DISTRICT; PROVIDING. FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE.. j _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY�OF.SOUTH MIAMI, .FLORIDA, RELATING TO AN AMENDMEW QFTHL 2007- 2008.8UDGET; APPROVING ANO ADOPTING „THE', RECOMMENDATI.ONS.OF. THE CITY n•n non r_ .Tn e1A1rRPACF =THF ":CIIRRFNT= :2007 -2008 iduusitl rum I nc trvwrsnnrvuc yr rn,vr. , r..,r..,...� .-,.- DITUF2ES IN THECURRENT- FISCAL YEAR'S BUDGET, AS SET "FORTH ,iHE. ATTACHED ITEMIZED:. LIST ARE AMOUNTS COMMITTED AND'FUNDED;_ BUT NOT EXPEND- ED IM sT.HE, FISCAL YEAR> ?006 - 2007,'. AND AUTHORIZING THE :CITY,.i MANAGER T.O TAKE "SUCH .MEASURES AS NECE §SARY` -'TO %ACCOMPLISH THOSE TRANSFERS; PROVIDING : FOR SEVERABILITY: ORDINANCES IN •- CONFLICT, AND AN EFFECTIVE DATE. - i °­AN .ORDINANCE OF -THE MAYOR AND CITY COMMISSION . OF THE bITY OF SOUTH MIAMI; FLORIDA, RELATING TO AMENDING THE cn-rs CODE OF.ORDINANCES CHAPTER ' =2 ",.ARTICLE :1,SECTION -2= 2.1'(8) 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 SEVERABILrrY, ORDINANCES. IN CON- . FLICT, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSIOI OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TI AMENDING THE CITY'S CODE OF ORDINANCES CHAPTEI 2. ARTICLE "II, "SECTIONS 2.6,-2 -7.1, 2- 10(d), AND 2 -15, 'II ORDER TO BRING THE CODE UP TO DATE, AND TO B CONSISTENT WITH THE CITY'S CHARTER ARTICLE 11 SECTION 1; AND EDITING THE ORDINANCE TO CORREC SCRIVENERS ERRORS; PROVIDING FOR SEVERABILIr ORDINANCES IN.CONFLICT;ANDAN EFFECTIVE DATE. AN ORDINANCE' OF THE MAYOR AND CITY COMMISSIO OF THE CITY OF SOUTH MIAMI. FLORIDA. RELATING T AMENDING THE CITY'S CODE OF ORDINANCES CHAPTE 2, ARTICLE III " BOARDS -AND: COMMISS10NS; j,$ECTION 2 -21. 2 -22, AND 2 -23, IN ORDER TO- BF21NG THE -CODE U .TO'•.DATE:_AND.'TO BE "CONS ISTENT- 'WITW'"THE,CITY PROVIDING '' FOR,. SEVERABILITY;; -.ORDINA.NCES :; CONFLICT AN AN D EFFECTIVE DATE AN ORDINANCE OFTHE�MAYOR AND CITY COMMISSIC -OF 7HE <CI'fY OF $0UTH::MIAMI' FLORIDA, RELATING T AMENDING THE CfTY,.;S CODE OF ORDINANCES CHAPTE 9, " ELECTIONS ,-SECTIONS 9=1 9= 1.1:;9 -2, &3, 9-6,9-7.4- AND,_9 -10, IN ORDER TO BRING.1HE;CODE.UP.:TO DAT AND TO BE 'CONSISTENT'wITH -THE CITY'S`CHARTE ARTICLE V. AND WITH'FLORIDA STATUTES CHAPTER 1C AND EDITING THE 'ORDINANCE TO CORRECT. SCRIVE ERS: ERRORS; :.PROVIDING- -FOR SEVERABILIT A RESOLUTION "OF THE" MAYOR MI AND CITY COMSSIC OF THE CltYbF SOUTH ^MIAMI- -FLORIDA RELATING l THE ISSUANCE:,OF'A ;:CERTIFICATE ^OF APPROPRIAT NESS PURSUANT TO SECTION.20.5.19(E)(3) OF THE.LAt DEVELOPMENT;CODE ' fC)'PERMIT WALL' SIGNAGE ON -DESIGNATED. BUILDR LOCATED AT Sjk 8UNSET.DRIVE'(AMSTER BUILDING: PROVIDING AN EFFECTIVE DATE If you have any mqudie§ on'the above items please contact tl Clerk's office at: 305- 663 - 6340. " ALL interested parties are Invited to attend and will be'heard. Mari M. Menendez, C ity Clerk Pursuant to Florida. Statutes' = 286.0105,` the :City hereby'advis public that if a person decides log appeal any. dedision made I Board, Agency or Commission with iespe'ct to any matter consid, its meeting or hearing, he or she will need a record of the "procet and that for such purpose, affected person may need to ehs'ure verbatim record of the pioceedings-Is made wfiich Fecord incluc testimony and evidence upon which the appeal is to be based. ' 7/25. ... .. 08 -371 5 7105 ARC> a.m.-4:30 p.m. daily (gardens open cial hall of both the World and U.S. _j until 5:30 p.m., house until 5 p.m.) Chess Federation. Champi6hships, except Christmas Day; 3251 S. Miami toum6Me'nts and fielcl-trfps are held -Ave:, Miami. $12 adults, $9 Miami- often. A chess C166 is held Thursday LX11, Dade adult residents, $5 kids 6-12, $4 nights. Participation*in the Second Miami-Dade kids, free for kids 5and Sunday Tournament is encouraged; . under: 305-250-9133 or vizcay6mu- 137 $W119thAvO ' 55 Ave.; We . st'Kendall- seum. org. I- $Saclulis, $3 children 12 and under. World Chess Hill of Fame: The offi- 786-:242-4255. LU COURTESY NOTICE.'.. CITY OF SOUTH MIAMI,- FLORIDA, On Tuesday, August 5, 2008 beginning at 7:30 p.m., in the City Co mmission'Chambers, 6130 Sunset Drive, the City. Commission will hold Public Hearings to :consider the following items: Z AN ORDINANCE RELATING TO. THE LAND DEVEL 6PMENT C_O-Df�- REMOVING FROM THE. LAND DEVELOPMENT. CODE S . ECTION 20= 4,4(G) 1 I E T . N ­ ITLED . "JOINT . , 1 -USE SPACES VIA SPECIAL PARKING PERMIT"; REMOVING FROM THE LMIJ; DEVELOPMENT _CODE. SIECTIOW20-4.4jH METRO<RAIL USAGE CONSIDERATION VIA-: SPECIAL !P'ARKING.PERMI-P'.;'-AMtNDING-SEbTION 20 -7.6 ENTITLED "PARKING" IN ORDER TO MODIFY REGULATIONS PERTAINING TO BONUSES AND:OARRING REDUCTIONS IN :THE PSR(Hb-.bv)" SPECIALTY RETAIL (HOMETOWN DI STRICT .OVERLAY) zoNiNG :DIST R ICT',A- MENDING SECTION 20-8.lOtNfiTLED+'BONOSALLOOAnbNSqiNORbERTOEUMIN4TE :: PARKING REDUCTIONS AND PAFkINGbONUSE$_FOR DEVELOPME NT IN THE " TODD" TRANSIT ORIENTED DEVELOPMENT DISTRICT ZONING DISTRICT. AN ORDINANCE REI�-TiNdTb I AMENDMENT . MENDMENTOFTHE'2007-2008 BUDGET, APPROVING AND THE RECOMMENDATIONS OF THE, Cii� MANAGER JO INCREASE—THE .2007-2008 BUDGET, FOR . THE _INCURRENCE - OF PRIOR YEAR ES IN N THE CURRENT ;FISCAL- YEAR'S -BUDGET, ASSET FORTH IN -MEAnAdHEb ITEMIZED LIST. ARE . . AMOUNTS COMMITTED. AND FUNDED, BUT NOT EXPENDED IN THE F`ISCAL YEAR .2006 -2007; AND - AUTHORIZING THE- CITY MANAGER TO-TAKE SUCH MEASURES AS NECESSARY TO ACCOMPLISH , - THOSETRAN$FERS...* AN ORDINANCE RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES - CHAPTER 2, ARTICLE 1, SECTION 2-2.f(B) AN IN ORDER -70 BE CONSISTENT WITH THE CITY CHARTER ARTICLE 11, SECTIONS 5 B, AND 6 B(3); AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS. AN ORDINANCE RELATING To AM.EN;DIN'*G.TH' _� E CITY'S CODE OF-OR N � 5 ANCES CHAPTER 2, ARTICLE 11, SECTIONS 2-6, 2-7.1, 2- 10(d), _'AND_i-J�j_h _' ' JO BRING THE CODE UP TO -ORDER DATE, AND TO. BE CONSISTLNT,W- --- - WITH 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 C.OMMISSIONS,".SECP2 ONS.-21, 2722, AND 2-23, IN ORDER TO BRING THE CODE 1. UP TO . DATE AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE 11, SECTION 8 C; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS: AN ORDINAN.CE RELATING TO AMENDING THEbnYS 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 20-5.19(E)(3) OF THE LAND DEVELOPMENT CODE TO..PERMIT WALL: SIGNAGE -ON A DESIGNATED -HISTORIC COMMERCIAL BUILDING LOCATED AT., 59bb suNsE!;2BLVE- (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 h4d. Maria M. Menendez, CME; 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 As 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 verbatim record of the proceedings is made which record includes the testimony and evidence upon which the. appeal is to be based. 0 .21 E 10 E lu n LL MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday. Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -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 Nofice in the matter of CITY OF SOUTH MIAIAI PUBLIC HEARING FOR AUGUST 19, 2008 in the XXXX Court, was published in said newspaper in the issues of 08/08/2008 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 rtisement ublication in the said newspaper. a Sworn to and subscribed before me this day of S A -D. B (SEAL) O.V. FERBEYRE personally known to me ,••M;'�Y �= MARIA 1. MESA ;"' �`;° MY COMMISSION tl DD 750170 - - EXPIRES:Maro14,2012 i'.f,'� �; ° °: 6mJed mN Notary P�h!'r. Undemmms MR 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 19,200B 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 20 -7.29 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 AlJ EFFECTIVE DATE. AN OR 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 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: PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSIC OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING T AMENDING THE CITY'S CODE OF ORDINANCES CHAPTE 2, ARTICLE 11, SECTIONS 2 -6, 2 -7.1., 2- 10(d), AND 2 -15, ORDER TO BRING THE CODE UP TO DATE, AND TO I CONSISTENT WITH THE CITY'S CHARTER ARTICLE I SECTION 1; AND EDITING THE ORDINANCE TO CORRE( SCRIVENERS ERRORS; PROVIDING FOR SEVERABILIT ORDINANCES IN CONFLICT, ANDAN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSIC OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING 1 AMENDING THE CITY'S CODE OF ORDINANCES CHAPTE .2. ARTICLE Ill "BOARDS AND COMMISSIONS, :SECTIONS 21, 2 -22, AND 2 -23, IN ORDER TO BRING THE CODE UP 1 DATE, AND TO BE CONSISTENT WITH THE CITI CHARTER ARTICLE II, SECTION 6 C; AND EDITING TI. ORDINANCE TO CORRECT SCRIVENERS ERROF PROVIDING FOR SEVERABILITY, ORDINANCES CONFLICT, ANDAN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSIC OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING 1, AMENDING THE CITY'S CODE OF ORDINANCES CHAPTE 9, "ELECTIONS,- SECTIONS 9-1, 9-1.1_9-2.9-3, 9i-6,9-7.9- AND 9 -10, IN ORDER TO BRING THE CODE UP TO CAT AND TO BE CONSISTENT WITH THE CITY'S CHARTER A TICLE V. AND WITH FLORIDA STATUTES CHAPTER 1C AND EDITING THE ORDINANCE TO CORRECT SCRIVE ERS ERRORS; PROVIDING FOR SEVERABILIT ORDINANCES IN CONFLICT, ANDAN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSK OF THE CITY. OF SOUTH MIAMI, FLORIDA RELATING.- THE ISSUANCE OF A CERTIFICATE OF APPROPRIAT NESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAf DEVELOPMENT CODE TO PERMIT WALL SIGNAGE ON DESIGNATED HISTORIC COMMERCIAL 1.BUILDif LOCATED AT 5712 SUNSET DRIVE (CROSSROAI BUILDING); PROVIDING AN EFFECTIVE DATE...` . If you have any inquiries on the above items please contact 11 Clerk's office at: 305- 663 -6340 ... ALL interested parties are invited to attend and will be heard. Maria M. Menendez, Ch City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advi: public that if a person decides to appeal any decision made Board, Agency or Commission with respect to any matter consic its meeting or hearing, he or she will need a record of the proce and that for such purpose, affected person may need to ensure verbatim record of the proceedings is made which record inclu testimony and evidence upon which the appeal is to be based. 818 08- 3- 50110E School Bully Buster Child Safety Pro- Team 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 or money Self Defense, 10721 NW 58th $t., Doral; free. 305- 599 -36.49 or antak- ungfu.com. -TURN TO CALENDAR, 46 o° s 8 i; I COURTESY: NOTICE ' CITY OF SOUTH MIAMI; FLORIDA . On Tuesday, August 19, 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 items: - AN ORDINANCE RELATING TO A REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20- 3.3(E) ENTITLED "OUTDOOR SEATING/DINING FOR ALL COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTIES INTHERO'RESIDENTIAL . OFFICE ZONING DISTRICT' IN ORDERTO AMEND THE REQUIREMENTS AND STANDARDS APPLICABLE TO 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. TO MODIFY THE PROVISIONS ALLOWING ' "FOR: ADJACENT ON-STREET_ PARKING SPACES TO BE .COUNTED'; AS REQUIRED', PARKING; . THE PROVISIONS-ALLOWING FOR ON- STREET PARKING-SPACES TO RE :.CREDITED _T0 _ .'. OTHER NEARBY PROPERTIES; AND PROVIDING FOR Ali ANNUAL `FEE TO_BE AS_ SES_ SED FOR COUNTING ON- STREET SPACES AS.REQUIRED SPACES. - AN ORDINANCE 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. AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2; ARTICLE I, SECTION 2.2.1 (B) AND (M)(1)(k)j. IN ORDER TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE 11, SECTIONS 5 B, AND .6 6(3); AND, EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS. AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE 11, SECTIONS 2 -6, 2 -7.1, 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 111, SECTION- 1; AND EDITING THE ORDINANCE TO .CORRECT SCRIVENERS'ERRORS. . AN ORDINANCE 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 11, 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, 9 -1.1., 9 -2, 9 -3, 9-6,9-719-8- 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 -5A 9(E)(3) OF THE LAND DEVELOPMENT CODE TO PERMIT WALL SIGNAGE ON A DESIGNATED HISTORIC 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, CMC City Clerk Pursuant to Florida Slatutes 286.0105, the City hereby advises the public that'd a person decides to appeal any decision made by this- EOard, Agency or Commission with respect to, any, matter.considered at.ifs meeting or.. hearing, he or she will need a record of the proceedings, and that for such purpose; affecled.per - may_need' to ensure that a verbatim record of the proceedings is made which record includes the testimdny and evidence upon which the appeal is to be based -- - ,. o 0 N _O V) a o . z. 0 a W .. S : . S a f- _ .. y1� 0 m z.. E. 0 v . E. AR