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12-16-08 Item 23To: From: Via: Bate: SUBJECT: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM The Honorable Mayor, Vice Mayor and City Conunissioners Jay Beckinan, City Commissioner Maria M. Menendez, City Clerk July 22, 2008 South Miami All- America City I 110, 2001 aI'T'EM 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 II, SECTIONS 2 -6, 2 -7.1, 2- 10(d), AND 2 -15, IN ORDER TO BRING TAE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CI'T'Y' S CHARTER ARTICLE III, SECTION 1; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. STAFF'S OBSERVATIONS In reviewing the Code of Ordinances, we have found some discrepancies between the "Code of Ordinances and the City's Charter. In addition, besides deleting archaic language, additional Ianguage has been incorporated in order to be consistent with the Charter, as indicated on page 1, line 36 where we have deleted the word "judges" and replaced it with "city manager ". The City of South Miami has not have a court for the past thirty some years. 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 33, and 36; 2) Page 2, lines 1, 4, 15, 22, 24, 29. 37 and 42; 3) Page 3, lines 4, 9 -10, and 12. Copies of the particular sections of the Code and Charter are attached as backup for reference. Documentation: Draft Ordinance Charter Art. III, See. 1 Code of Ordinances Sec. 2 -6m 2 -7.1, 2- 10(d), and 2 -15 WAMy DocumentsVesolutionsWlemo Ordinance.Code amend ch 2 art II.doc I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE 5 CITY'S CODE OF ORDINANCES CHAPTER 2, ARTICLE II, SECTIONS 2 -6, 6 2 -7.1, 2- 10(d), AND 2 -15, IN ORDER TO BRING THE CODE UP TO DATE, 7 AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE III, 8 SECTION l; AND EDITING THE ORDINANCE TO CORRECT 9 SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY, ORDINANCES 10 IN CONFLICT, AND AN EFFECTIVE DATE. 11 12 WHEREAS, the City's current Code of Ordinances provides procedures for the 13 departments and administrative service of the City; and, 14 15 WHEREAS, the Mayor and City Commission desire to amend its code in order to 16 bring it up to date; and 17 18 WHEREAS, the Mayor and City Commission desire to amend its code in order to 19 be consistent with the City's Charter Article III, Section 1. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that: 23: 24 Section 1. Chapter 2, Article II of the City's Code of Ordinances, entitled 25, Departments, Sections 2 -6, 2 -7.1, 2- 10(d), and 2 -15 of the Code of Ordinances of the 2q City of South Miami is being amended as follows: 27 28 See. 2 -6 Department heads; selection, qualifications, removal, compensation and 2S term of office. 3 31 All department heads except city attorneys, city clerk, and eity ju4ge-, shall be 321 appointed by the city manager for indefinite terms. They shall be appointed on the basis 31 of ability to perform the duties of the position held and may be removed by the city 31 manager. Appointment of the city attorneys, city clerk and judges city manager shall be 35 by the city commission, as set forth in the charter. 3 37 Compensation of all department heads shall be fixed by the pay scale adopted by 38 the city commission. 3� 40 Sec. 2 -7.1. Supervision, duties of inspeetien station and parking control division. 41 42 The kispeetien stafien and P arking control division shall be under the direct 43 control of the city manager and shall have the following duties: Additions shown by underlining and deletions shown by eversti Page 1 of 3 1 eity's motor 3 4 (a) Installation, repair and service of parking meters. 5 6 (b) Nonexclusive enforcement of ordinances and regulations relating to inspection 7 and parking of motor vehicles. 8 See. 2 -10. Legal department; functions and duties. 1� 11 The legal department shall consist of a city attorney and and 12 such assistant city attorneys as may be necessary; the asseei&te assistant city attorney to 13 serve in the absence of the city attorney. 14 15 The legal department shall perform the following functions: 16 17 (a) Represent the city in all matters in which the city has an interest coming 18 before any court or tribunal, except in such cases as other arrangements may 19 be specifically made by the city esuneil commission. 20 21 (b) Advise the eeuneil commission, manager, and department heads. in all cases 22 when legal opinion is required and requested. 23 _ 24 (c) Draft all deeds, leases, contracts, and other legal instruments as required. 25 Repfesefit the J i vui4 27 (d� Perform all other related functions as required. 28 2� Sec. 2 -15. Records department; functions and duties. 30 31 The records department, directed by the city clerk, shall perform the following 32 duties: 33 34 (a) Prepare, maintain, publish and index all proceedings of the city eeuffeil 35 commission. 36 37 (b) Arrange for all elections and maintain all election records. 38 39 (e) Act as supet:-,,iser eff°gistra ii. 40 41 (c) File and preserve, as required, all contracts, bonds, oaths of office, and other 42 documents. Additions shown by underlining and deletions shown by es#ticrng 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 38 39 40 (d) File, preserve, and codify all ordinances and Fesel t ; file and preserve all resolutions. (e) Shall have authority to administer oaths. and issue wafrants rror- the u est a (f) Shall act as the Records Management Liaison Officer (RMLO) of the City. (g) Perform all other related functions as required by the city eettneit commission. 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: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: • •; l st Reading — 2nd Reading — COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: Additions shown by underlining and deletions shown by ^-l:- _'__:..a. Page 3 of 3 ARTICLE 11(Cont'd) fails to obey a lawful order issued in 'the exercise of these powers by the Commission shall be guilty of a misdemeanor and punishable by a fine of not more than $500.00 or by imprisonment for not more than six-months, or both. SECTION 10. Civil Service / Kerit System The City Commission shall establish a civil service system or a merit system covering and embracing the salaried employees of the. City of South Miami, except where in conflict with any other provisions of this Charter. SECTION 11. Departments Except as may be otherwise provided by statute or this Charter, the Commission shall establish, by ordinance, such departments of the City as it deems necessary or advisable and prescribe the functions of all departments, and duties, authorities and responsibilities of the department heads. (Amended 2/8/00) ARTICLE III THE CITY KWA.GER SECTION 1. Appointment The City Commission shall appoint a City Manager by the affirmative vote of a majority of the members of the City Commission. SECTION 2. Qualifications The Manager shall be appointed solely on the basis of his or her executive and administrative qualifications with specific reference to his or her professional training and experience in municipal government. He or she shall be a graduate of a recognized school of. government or have experience equivalent thereto. SECTION 3. Removal The City Commission may remove the City Manager from office by affirmative vote of a majority of all of its members, with or without cause. If his or her removal is without cause, the City 15 SOUTH MIAMI CITY CHARTER AMENDED 2/14/06 § 2 -6 SOUTH NMAIff CODE § 2 -7 the duties of the position held and may be removed by the ci manager. Appointment of the city attorneys, city clerk an shall be by the city commission, as set forth in the charter. Compensation of all department heads shall be fitted by the pay scale adopted by the city commission. (Ord. No. 404, § 3, 4 -1 -58) See. 2 -7. Administration department; functions and du- ties. The administration department shall operate directly under the supervision of the city manager and shall consist of the following divisions and duties: (a) Code enforcement division, which shall provide\ field enforcement of all zoning codes and ordinances. (b) .... Personnel division. shall act as secretary to the personnel board, hire all help, keep all employee records on employ- ment, vacations and' sick leave, handle all matters per- taining to group insurance and retirement funds; and any other duties related to personnel records. (c). The city manager shall establish fees to be charged for the furnishing of copies. of city records and documents. The city manager shall establish fees to be charged for partic- ipation in city, sponsored programs, including but not limited, to those conducted by the recreational depart menu; a different schedule of fees may be established for nonresidents of the city. Where services are performed by the city and a fee not established by the commission, the city manager shall establish such fee. A list of all fees and charges established by the city manager shall be on file with the city clerk together with all amendments and changes thereto and available for public inspection. All fees and charges established pursuant hereto shall be predicated upon the actual cost to the city and subject to review by the city commission. Supp. No. 60 10 A- 0", L)'/', f ( LI L_ <11Z. § 2 -7 ADAI iISTRATION INvD CITY GOVERNMENT § 2 -8 (d) The administration department shall perform such other functions as required by city commission. (Ord. No. 40.4, § 4, 4 -1 -58; Ord. No. 538, 6- 14 -66; Ord. No. 1800, § 1, 6- 17 -03) Amendxaeat note—Ord- No. 538 purported to amend § 2 -7 by adding subsections (c) and (d), however, in effect, said ordmmce added a new subsection (c) and redesignated former subsection (c) as subsection (d). See. 2-7.1. Supervision., duties of s e inn -sta it and �J parking control division. The._inspectian- statitan and parking control division shall be under the direct control of the city manager and shall have the following duties. (a) Operation of the, city's motor �yehicle inspection station and issuance of motor vehicle inspection ertificates. (b) Installation, repair and service of parking meters. (c) Nonexclusive enforcement of ordinances 'and regulations relating to inspection and parking of motor vehicles. ( Ord. No. 462, 10 -3 -61) .4.mendnaent note -Ord. No.162 amend.edthis Code to add an § 2 -7A The editors have redesignated said section as § 2 -7.1 above to conform to the format of t1-iis code. Sec. 2 -8. Finance department. The finance department shall be under the supervision of the director of finance and shall have the following duties: (a) 'Auditing division. (1) Auditing of all receipts and expenditures. (2) Keeping of all accounts of the city and- issuing such reports as required by the city manager. (3) The director of finance shall countersign all checks, after verification of availability of funds. (b) Treasury division, under the immediate supervision of the city manager, shall perform the following functions: (1) Maintain custody of all city funds, investments and securities, including the deposit, withdrawal and recording thereof. Supp. No. 60 11 ORDINANCE 462 ORDINANCE, OF THE CITY OF SOUTH MIAMI, FLORIDA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SOUTH MIAMI, FLORIDA, BE AMENDED BY ADDING A SECTION TO THE NUMBERED 2 -7A THEREBY CREATING INSPECTION STATION AND PARKING CONTROL DIVISION: ESTABLISHING DUTIES AND REBPONSIBILITIES. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SOUTH MIAMI, FLORIDA: That the Code of Ordinances of the City of South Miami, Florida is hereby amended by adding Section 2 -7A to said Code; said section to read as follows: 2 -7A The Inspection Station and Parking Control Division shall be under the direct control of the City Manager and shall have the following duties: 1. Operation of the City's Motor Vehicle inspection station and issuance of motor vehicle inspection certificates. 2. Installation.; repair and service of parking meters. 3. Non - exclusive enforcement of ordinances and regulations relating to inspection and parking of motor vehicles. PASSED AND ADOPTED THIS 3rd DAY OF October A.D. 1951. Presiding Officer, City Council ATTEST: City Clerk § 2 -10 41)1.I1NISTIiATION AND CITY GOVERNMENT . § 2 -12 The legal department shall perform the following functions: (a) Represent the city in all matters in which the city has an interest coming before any court or tribunal, except in such cases as other arrangements may be specifically made by the city council. (b) Advise the council, manager, and department heads in all cases when legal opinion is required and requested. (c) Draft all deeds, leases, contracts, and other legal instru- ments as required. (d) Represent the city in all sessions of the municipal court. (e) Perform all other related functions as required. (Ord. No. 404, § 3, 4 -1 -58) Cross reference —Office of associate cciiy attorney created, duty and compen- sation of associate city attorney § 2-4.1. See. 2 -11. ldeservecL Editor's note— Section 2 of Ord - No. 1636, adopted 'Alay 6, 1997, deleted § 2 -11 in its entirety. Formerly, § 2 -11 pertained to the municipal court department and derived from Ord. No. 404, adopted April 1, 1958. See. 2 -12. Police clepartment; functions and duties. The police department, under the supervision of the police chief, shall have the following functions: (a) Enforce the laws and ordinances. (b) Prevent crime and iaiatain peace and order. (c) Protect lives and property from malicious damage and injury. (d) Operate and maintain all city parking meters. (e) Operate all city owned and operated parking lots. (f) Maintain and care for all property assigned to the police department. (g) Prosecute all violations within its jurisdiction. (h) Prepare and maintain all records required by law and the city manager. Supp. No. 60 12.1 2-14 A-DhfL\- ISTRATION AND CITY GOVERNMENT S 2.15 a l�1 Construct and maintain all storm servers or other surface water drainage systems built on city property. (c) Maintain all city owned buildings. (d) Operate the central repair and maintenance garage. (e) Construct and maintain all city parks and playgrounds. M Collect and dispose of all garbage and trash as required in Chapter 11 of the City Code. (g) Maintain all property and equipment assigned to this department. (h) Prepare and maintain all records pertaining to this de- partment, as required by the city manager. (i) Perform all other functions as required by the city man- ager. (j) Provide landscape maintenance for city rights -of -way, Swale areas, and all other public properties. (Ord. No. 404, § 3, 471 758; Ord. No. 775, § 1, 4 -3 -73; Ord. No. 946, § -1, 7- 19 -77; Ord. No. 1806, § 3; 6- 17 -03) Sec. 2 -15. Records d.epaAment; functions and duties. The records department, directed by the city clerk, shall perform the following duties: (a) Prepare, maintain, publish and index all proceedings of the city council. (b) Arrange for all elections and maintain all election records. (c) Act as supervisor of registration. (d) File and preserve, as required, all contracts, bonds, oaths of office, and other documents. (e) Shall be clerk of the municipal court. (f) File, preserve, and codify all ordinances and resolutions. (g) Shall have authority to administer oaths and issue war- rants for the arrest of persons violating ordinances of the city. Supp. No. 60 12.3 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida FATE OF FLORIDA DUNTY 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. Sworn to and subscribed befor me this 25 day of JULY , A.D. 2008 �zl (SEAL) V. PEREZ personally known to me v Notary Publh: Scala of Flonda Cheryl H Mam:er " " MyC .rm'., ,, D0793490 �'r or n °� Expires G7!15!i012 M: CITY OO SOUTH MIAMI. NOTICE OF PUBLIC HEARING NOTICE IS 6ERE6Y9111en that ihe.Cily Commission of the City of South Miami: Florida _wilI. 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'thambers, 6130 Sunset Drive, to consider.the following items,. +s -,v' AN ORDINANCE : bF- THR.MAYOR-AND.CITy COMMISSION.:... ' OF THE CIT.y OF SOUTH MIAMI, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE7REMOVING FROM THE LAND OEVELOP.IIAENT.CODE SECTION, 204.4(G) ENTITLED "JOINT :USE_-SPAGES, VIA.SPECIAL`PARKING PERMIT°; REMOVING FROM THE:'LAND DEVELOPMENT CODE SECTION .'20- 4.A(H) ,ENTITLED. "METRO -RAIL. USAGE - CONSIDERATION. VIA SPECIAL ;'PARKING PERMIT"; AMENDING,, SECTION- 7,6..ENTITLED-,_ PARKING" IN ORDER TO.. MODIFY ,REGULATIONS ;PERTAINING TO BONUSES - :AND'.- PARKING' REDUCTIONS;7, 114 THE 'SR (HD- O.V.)"sSPECiALTY�' RETAIL .(HOMETOWN DISTRICT OVERLAY) .ZONING. DISTRICT; AMENDING .SECTION . 20 -8:10 ENTITLED-"BONUS ALLOCATIONS- IN ORDER TO ELIMINATE :t?ARKING;i" REDUCTIONS AND; -- PARKING BONUSES FOR:DE'VELOPMENT. 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_OFSOUTH MIAMI, FLORIDA;'RELATING TO AN AMENDMENT OFTHE 2007-2008 BUDGET; APPROVING ., AND:ADOPTI "' 'J'HE RECOMMENDATIONS OF:THE CITY MANAGER TO INCREASE;. THE -. f CURRENr�_2007 -2008 BUDGET; FORTHEINCURRENCEOF PRIOR YEAR .EXPEN - , DITURES -IN THE - CURRENT:. FISCAL YEAR'S BUDGET, AS SET ' FORTH' iN' THE' ATTACHED ITEMIZED:: LIST ARE AMOUNTS COMMITTED AND FUNDED BUT NOT EXPEND - . ` - ED IN THE.FISCAL .YEARS 2006- 2007}.'AND. AUTHORIZING- THE -CITY '.MANAGER -TOaTAKE-SUCH .MEASURES AS NECESI5RY''TO=.ACCOMPLISH THOSE TRANSFERS; 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; REIAYING TO AMENDING THE CITY'S CODE OF. ORDINANCES CHAPTER . ' 2,: ARTIC1_E;) „SECTION:2- 2.1'(B) AND (M)(1)(k), IN ORDER:'.. *70 BE CONSISTENT WITH THE CrTY'S CHARTER ARTICLE 11, SECTIONS 5 B. AND 6 B(3); AND EDITING THE - ORDINANCE TO CORRECT SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY, ORDINANCES, IN CON- _ _ FUCT, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSIOt OF THETCITY OF SOUTH MIAMI, FLORIDA. RELATING T( -AMENDING THE CITY'S CODE OF ORDINANCES CHAPTEF 2, ARTICLE 11, SECTIONS 2- 6,'2 -7.1, 2- 10(d), AND 2.15, It ORDER TO BRING THE CODE UP TO DATE, AND TO BI CONSISTENT WITH THE CITY'S CHARTER ARTICLE If SECTION 1; AND EDITING THE ORDINANCE TO CORREC' SCRIVENERS ERRORS; PROVIDING FOR SEVERABILM ORDINANCES IN CONFLICT;, AND AN EPFECTI VE 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 PROVIDING FOR .:SEVERABILITY;;IORDINANCES"':I CONFLICT, AND AN EFFECTI VE DATE AN ORDINANCE 691fllt MAYOR'AND CITY COMMISSIO -OF_ THECITY OF;S..OUTH:MIAMI :FLORID&,REI-ATING:T ARTICLE V. AND WITH - FLORIDA STATUTES CHAPTER 10 AND EDITING THE ORDINANCE TO CORRECT.SCRIVEI ERS : ERRORS; .PROVIDING: FOR SEVERABILIT ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE.. A RESOLUTION OF T1jE;NIAYOR AND CITY COMMISSIC OF THE C114fbf OUT1i,MIAMI; FLORIDA RELATING T THE ISSUANCEOF 'ACERTIFICATE ^OF APPROPRIAT NESS PURSUANT TO SECTION:20.5.19(E)(3) OF THE LAP, DEVELOPMENT” TO PEEFMIT- .WALL SIGNAGE ON - DESIGNATED -.�_.: HISTORIC r,r COMMERCIAL _ � BUILDIP, LOCATED AT 5g - SUNSET.:DR.IVE (AMSTER BUILDING! PROVIDINGAN EFFECTIVE DATE If you have any inquiries on'Lhe above items please contact 0 Clerk's office al: 305 -663 - 63.40.,,`. ALL interested paNes are invded to attend and will be heard.' Marla M. Menendez, C :`'City Clerk Pursuant to Florida Statutes; 286.0105,` the.City'hereby�advisi public that if a person decides lo. appeal, any decision made I Board, Agency or'Comrriission with'resped to any matter consde its meeting or hearing, he _or.she will need a record of the'procee and that for such purpose,' affected person may need to ensure verbatim record of the proceedings is made which 'record includ testimony and evidence upon which the appeal is to be based. ' 7125. .... 06;3- .157/_jD5: TV a.m.-4:30 p.m. daily (gardens open until 5:30 p.m., house until 5 p.m.) except Christmas. Day; ,3251 S. Miami Ave., Miami. $12 adults $9 Miami- Dade adult residents, i5 kid., 6-12, $4 M6mi-Dacle* kids, free for kids, 5 and - under- 305-250-9133 or vizcaya I mu- seum.org. World Chess hall of Fame: The offi- cial hall of both the World and U.S. Chess F'OeFation. Champio*nships, tournaments and field trips are held often. A Chess CiU6 is held Thursday nights. Partic-ipation'in the Second Sunday Tournament is.encour-aged; 13755 $W 119th Ave.-, West . Kendall'. $5 adults, $3 Children 12 and under. 786_242-4255. COURTESY NOTICE ... CITY OF-SOUTH MIAMI, :FLORIDA ...::-.:-.'.---..-. On Tuesclay, August 5, 2008 , beginning at 7:30 P.m., in the C ity,Commission Cham ers, 6130 Sunset Drive, the City. Co mmission.-will hold Publiq,&arings to c6nsider the' following items: AN ORDINANCE. RELATING TO THE LAND DEVELOPMENT CODE; REMOVING-1 FROM THE. LAND DEVELOPMENT CODE SECTION 20- 4,4(G) ENTITLED .'JOINT .USE SPACES VIA SPECIAL PARKING PERMIT; REMOVING FROM THE LA . NU DEVELOPMENT CODE SECTION 264A(k)'ENT[TI_b "METRO RAIL; USAGE ...' I CONSIDERATION VIA q ,PERMIT"; AMENDING -SECTION _._ 26-7.6 MT1 TLED"PARKING" IN ORDEB TO MODIFY REGULATIONS PERTAINING TO BONUSES AND PARKING REDUCTIONS RETAIL (H omtTbm DISTRICT :OVERLAY) . 4ZONING. DISTRICT, . AMENDING: SECTION 20-8.10 ENTITLED ':-BONUS ALLOCATIONS' IN ORDER t ELIMINATE ' PARKING REDUCTIONS AND PARKING BONUSES_1F6RDEVLOPMt ­ NT IN THE "TODD" TRANSIT ORIENTEDDEVELoPmENT DISTRICT 20 NING - DISTRICT. m AN ORDINANCE RELATING N TO A AMENDMENT OFTHE-2bl)7-2006 BUDGET. APPROVING AND %ADOPTING THE RECOMMENDATIONS CI T( OF THE . Y MANAGER -TO PRIOINtREASE-THE "CURREN INCURRENCE.- OF 'R YEAR '. Ex T,2007*-2008 BUDGET jOR THE PENDITURES IN THE.'6RRERT_.:FJSCAL YEAR'S BUDGET. ASSET SET FORTH :IN THE ATTACHED ITEMIZED -LIST. ARE - AMOUNTS COMMITTED. AND FUNDED, BUT NOT EXPENDED IN THE tFISCAL YEAR k06-2007, AND - AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS . NECESSARY TO ACCOMPLIS THOS I E TRANSFERS I . H AN ORDINANCE RELATING T0­AMENDING THE CITY'S CODE OF ORDINANCES - - CHAPTER 2, ARTICLE 1, SECTION 2-2.*1:(B)'AND IN. O-RDE.9-TO-H CONSISTENT WITH THE CITY'S CHARTER ARTICLE11, SECTIONS 5 B, AND 6 - B(3); AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS. d AN ORDINANCE RELATING To AMENDINGTHE CITY'S CODE OF 0 NANCES CHAPTER 2, ARTICLE'll, SECTIONS 2-6,2-7.1, 2-10(d), AND - i-4-5-71NADER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WF_rH___THE ­ CITY'S CHARTER ARTICLE III, SECTION 1; AND EDITING THE OR I DINANCE TO CORRECT SCRIVENERS ERRORS. AN ORDINANCE RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES 7 CHAPTER 9, ARTICLE III 'BOARDS. AND. COMMISSIONS;;" SECTIONS .2-21, TO 2-22, AND 2-23, IN ORDER TO BRING THE CODE UP 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,'"ELEcTibN.S," SECTIONS 9-1,9-1-1.,�9-2,9-3,9-6, T-7,9-8, AND 9-10, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT wrrH 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.. 000 SUNSEL2.R. (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, CMC C4 Clerk Pursuant to Florida statutes 286.0 105' the City hereby advises the public that 9 a person decides to appeal any decision made by this Board, Agency or Commission with respectio any matter considered atmits meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected peisbn may head to ensure that .a re verbatim record of the proceedings is made which record includes the testimony and evidence upon which the.- appeal is to be based. co C> CD LLI E cc .; , 17 0 z. 0 E 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 Noiice in the 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 09108/20D8 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 S A.D. 8 (SEAL) O.V. FERBEYRE personally known to me FE=`�-0:1 A 007501704,2012 Undemdlors �.. �. 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, 2DOB 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-- 40O1"'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 DESIGNATETHREE 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 1, 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, AIJD 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 E CONSISTENT WITH THE CITY'S CHARTER ARTICLE I SECTION 1; AND EDITING THE ORDINANCE TO.CORREC SCRIVENERS ERRORS; PROVIDING FOR SEVERABILIT ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. -.AN ORDINANCE OF THE MAYOR AND CITY COMMISSIC OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING I AMENDING THE CITY'S CODE OF ORDINANCES CHAPTE 2, ARTICLE III "BOARDS AND COMMISSIONS; SECTIONS 21, 2 -22, AND 2 -23; IN ORDER TO BRING THE CODE UP l DATE, AND TO BE CONSISTENT WITH THE CITY CHARTER ARTICLE II, SECTION 8 C; AND EDITING TF ORDINANCE TO CORRECT SCRIVENERS ERROR PROVIDING FOR SEVERABILITY, ORDINANCES 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 9, "ELECTIONS,- SECTIONS 9-.1,9-1.1..9-2,9-3,9-6,9-7,9- AND 9 -10, IN ORDER TO BRING. THE CODE UP TO DAT AND TO BE CONSISTENT WITH THE CITY'S CHARTER A! TICLE V. AND WITH FLORIDA STATUTES CHAPTER 10 AND EDITING THE ORDINANCE TO CORRECT SCRIVEI ERS ERRORS; PROVIDING FOR SEVERABILIT ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSIC 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 LAh DEVELOPMENT CODE TO PERMIT WALL SIGNAGE ON DESIGNATED HISTORIC COMMERCIAL BUILDIIN LOCATED AT 5712 SUNSET DRIVE (CROSSROAL BUILDING); PROVIDING AN EFFECTIVE DATE. If you have any inquiries on the above items please contact lF Clerk's office at: 305- 663 -6340 ... ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CM City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advis public that H a person decides to appeal any decision made Board, Agency or Commission with respect 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 ensure verbatim record of the proceedings is made which record incluc testimony and evidence upon which the appeal is to be based. 818 - 08- 3- 5D/106 1 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 NVV 58th S;t., Doral; free. 305 -599 -3649 or antak- ungfu.com. _TURN TO CALENDAR, 46 � S COURTESY NOTICE CITY OF SOUTH MIAMI; FLORIDA On Tuesday, August 19, 2008, beginning st'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 IN THE RO RESIDENTIAL OFFICE ZONING DISTRICT" IN ORDERTO AMEND THE REQUIREMENTS 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 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 BE`. CREDITED . TO OTHER,. NEARBY PROPERTIES; AND PROVIDING FOR AN ANNUAL FEE TO BE ASSESSED 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 1, SECTION 22.1 (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 AMENDING THE CITY S CODE, OF ORDINANCES CHAPTER 2, ' ARTICLE II, 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 III, 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 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, 9 -1.1:, 9 -2, 9 -31 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 CORRECTSCRIVENERS 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 SIGNAGEONA 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. i r Pursuant to Florida Statutes 266.0105, the City hereby advises the public that if a person decides to appeal any decision madepy.this,Board, Agency'or Commission with respect to any matter.considered af.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 the appeal is to be based &Qa 0 0 N O_ f- a r 0 z. . V 0 J Q W -: - E - Q F IU as Z E 0 v .; E U) E9