161 ORDINANCE NO. _____ _
2
3 An Ordinance amending 20-6.1(A)(3)(a) (i), (ii) and (iii) of the land
4 development code to reduce the number of votes required to pass, on first
5 reading, ordinances and resolutions that r~quire iWo readings.
6
7 WHEREAS, many ordinances and some resolutions require two readings with a public
8 hearing at the second reading; and
9
10 WHEREAS, the City Charter and many ordinances require a super majority or five votes
11 for the enactment of some ordinances but do not specifically require that the ordinance be passed
12 on first reading with a super majority vote; and
13
14 WHEREAS, the City Commission could benefit from public comments before an
15 ordinance is enacted and before it is rejected on first reading by the Commission; and
16
17 WHEREAS, many times the City Commission is deprived of the benefit of public
18 comments because the ordinance dies at first reading, before the public is allowed to comment on
19 the proposed ordinance; and
20
21 WHEREAS, there is no charter provision that prohibits the passage of an ordinance that
22 requires a super majority vote, on second reading, from being passed on first reading by a simple
23 majority vote; and
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
27
28 Section 1. Section 20-6.1, (A) City Commission, is hereby amended to read as follows:.
29 (3) Procedures.
30 (a) Voting. A!l.QIQilli!1~
31 ~fullr~~~~oLr£lli~~~nill~
32 reading by a majority vote.
33 i. Except for those items listed in (ii) and (iii) below, not less than
34 three (3) affirmative votes of the city commission shall be required to
35 approve pass or enact an agenda items.
36 ii. With the exception set forth below in (iii) ... four (4) affirmative
37 votes of the city commission shall be required te for final approveal of a
38 change to the adopted Comprehensive Plan, a rezoning when a properly
39 'mitten protest is filed, a variance, a special use, a special exception, or a
40 planned unit development.
41 111. Five (5) affirmative votes of the city commission shall be required
42 to enact an amendment to land use and development regulations in any
43 manner to make them less restrictive.
44
45
46 Section 2. Codification. The provisions of this ordinance shall become and be made
47 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
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ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
that give the appearance of being in conflict when the two ordinances can be ha..rmonized or
when only a portion of the ordinance in conflict needs to be repealed to harmonize the
ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
to harmonize the two ordinances shall be repealed.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of _____ , 2014.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page 2 of 1
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
MIAMI HERALD MiamiHerald.com
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida
will conduct Public Hcaring(s) at its rcgular City Commission meeting scheduled for
Tuesday. October 21, 2014 beginning at 7:00 p.m., in the City Commission Chambers,
6130 Sunset Drivc, to considcr the following item(s):
An Ordinance of the City of South Miami, Florida, authorizing a Franchise Agreement
with Miami-Dade County to provide County Solid Waste Management Services.
An Ordinance amending Chapter 2, Article I, Sec. 2-2.1 (K), titled "Decorum" of the
City of South Miami's Code of Ordinances.
(
An Ordinance amending 20-6.I(A)(3)(a) (i), (ii) and (iii) of the land development)
code to reduce the number of votes required to pass, on first reading, ordinances and
resolutions that require two readings.
ALL interested parties arc invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that jf 3 person decides to appeal any decision
m;tdc hy 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 indudes the testimony and evidence upon which the appeal is to be based.
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SE SUNDAY, OCTOBER 12, 2014 I 19SE
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
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/kla 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 -OCTOBER 21, 2014
in the XXXX Court,
was published in said newspaper in the issues of
10/10/2014
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 aid nor r iss erson, firm or corporation
~ ~~,~i~or~ d~b~~
securing this vertisement fo ublic ion in the said
newspaper.
(SEAL)
MARIA MESA personally known to me
o. V. FERBEYRE
Notary Public -State of Florida
My Comm. Expires Jul 9, 2018
Commission # FF 102821
MIAMI HERALD I MiamiHerald.com
NEIGHBORS CALENDAR
• CALENDAR, FROM 26SE
Social Club, TI919 SW 56th St" Ken-
dall. Adults $10, 6-20 years of age $5,
children under 6 free, active military
in uniform free. 305-553-8587.
Old Time Dance: Kick up your heels
like it's 1891. Dance contras, circles,
squares and waltzes to traditional
American music. Picnics welcome;
no pets.
6:30 p.m. Oct. 26. The Barnacle
Historic State Park, 3485 Main Hwy.,
Coconut Grove. $10. free for kids 9
and under. 305-442-6866.
wwwIheBarnacle.org.
Powerumba Halloween Party: We
would like to invite you to celebrate
such a spooky night.. Powerumba
style!
Special Performances by: Bliss
Band, Powerumba Crew.
Costume Competition: Winner
gets one free month of unlimited
classes!
Get one free drink with admission.
9:30 p.m. Oct. 31. Powerumba
Fitness, 16TI7 Biscayne Blvd" North
Miami.
Reformation Day Faire: Travel back
in time as the Fellowship Hall is
transformed into Wittenberg Germa-
ny, 1517. Experience town life as it
was then: the food, shops, music,
and people.
12 p.m. Nov. 2. Kendall Pres-
byterian Church, 8485 SW TIlth St"
Kendall. Free. 305-271-5262.
www.kendallpres.org.
Saint Jude's Festival & Feast Day:
October 25th to October 28th, 2014
Saturday -12 noon to 1 am; Sunday
-12 noon to TI pm; Monday -12 noon
to 10 pm; Tuesday -12 noon to 10 pm.
12 p.m. Oct. 26. st. Jude Melkite
Catholic Church, 126 SE 15th Rd.,
Coral Way. Free Admission (live
entertainment cover charge of
$10/person only on Saturday from 6
pm to Midnight). 305-856-1500.
Taking Back Our Community
through Restorative Justice Practic-
es-YES WE CAN!: This training is Part
1 of 3 sessions. Part 1, Introduction of
the Restorative Justice (RJ) Model
demonstrating how we can take
back our community.
2 p.m. Oct. 28. Center for Family
and Child Enrichment, 1825 NW 167th
St., Parkview.
Temple Judea Children's Activities:
Join CGM for a P J Library Event at
Books & Books at 10:30, followed by
a special, lpm kids tour of our
Temple Judea Exhibit.
1 p.m. Oct. 26. Coral Gables Mu-
seum, 285 Aragon Ave" Coral Gables.
Free with museum admission of
$7-5.305-910-3996.
The Fantastic Party 2014 Halloween
Bash!:
4 p.m. Oct. 30. Fantastic Party
Palace, 14401 NE 20th Ln., Central
North Miami.
The Rocky Horror Picture Show: A
loving couple, a few lost monsters
and a sweet transvestite from
transsexual Transylvania sing and
dance through a campy, sloppy
salute to horror movies and sexual
liberation. Bring your sense of
humor. And wear your fishnets.
TI:30 p.m. Oct. 31. Actors' Play-
house at the Miracle Theatre, 280
Miracle Mile, Coral Gables. Free.
305-444-9293.
www.actorsplayhouse.org/.
Trivia Tuesdays at Elwoods: Held
every second, fourth and fifth
Tuesday. Includes prizes.
8 p.m. Oct. 28. Elwoods Gastro
Pub,188 NE Third Ave" Downtown
Miami. Free.
Waterway Canoe Tour: RSVP in
advance and enjoy a guided exhibit
tour followed by MDC EcoAd-
ventures and CGM-staff lead canoe
tour of Coral Gables waterways.
9 a.m. Oct. 26. Coral Gables
Museum, 285 Aragon Ave., Coral
Gables. $40 must rsvp.
305-910-3996.
coralgablesmuseum.org.
Wayside'S Western Fiesta: On
Friday, October 31st Wayside Baptist
Church will host its annual Halloween
alternative event--the Western
Fiesta! Activities will be held indoors
and outdoors.
5:30 p.m. Oct. 31. Wayside Baptist
Church, 7701 SW 98th St., Kendall.
Free. 305-595-6550.
Wine and Conversation with Master
• TURN TO CALENDAR, 42SE
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that thc City Commission of the City of South Miami, Florida
will conduct Public Hearing(s) at its regular City Commission meeting scheduled for
Thursday, November 6, 2014 beginning at 7:00 p.m., in the City Commission Chambers. 6130
Sunset Drive, to consider the following item(s):
A Resolution relating to a request for a variance from Section 20-3.5(E) of the Land
Development Code to allow a front setback of 7 feet 6 inches where a minimum of
25 feet is required, for a one-story addition to a single family residence located at 6001
SW 65 Avenue, South Miami, Florida, within the RS-3 zoning district.
An Ordinance amending Chapter 2, Article I, Sec. 2-2.1 (K), titled "Decorum" of the City
of South Miami's Code of Ordinances.
(
An Ordinancc amending 20-6. I (A)(3)(a) (i), (ii) and (iii) of the land development codc to)
reducc thc numbcr ofvotcs rcquired to pass, on first reading, ordinances and resolutions
, that require two readings.
NOTICE IS ALSO HEREBY given that the first regular meeting date for November has been
officially movcd from Tuesday, November 4, to Thursday November 6 2014.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
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 ufthe 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.
SE SUNDAY, OCTOBER 26, 2014 I 33SE
An Open Letter to the Citizens of Cutler Bay
from Steve Zarzecki, a citizen of Cutler Bay
Friends and Neighbors,
We are indeed blessed to live in
a country where we are free to
form our own personal opinions
-and to freely express them
under protection of the First
Amendment of the Constitution,
I have been asked many times
during this election cycle who
I am going to vote for and why.
I have refrained from making
a decision until after the
Cutler Bay Candidate Forums.
Unfortunately, only one
mayoral candidate was willing
to participate in the forums.
Art Nanni attended the forums,
answered questions from the
voters, stated his vision for the
Town, discussed concerns and
issues, and outlined his solutions
for those concerns, Mr. Nanni
expressed disappointment
that he was unable to openly
debate his no-show opponent,
Peggy Bell, regarding her
record. It seems she did not
want to talk about her record.
And I understand that -it is a
dismal litany of sponsoring and
voting for resident-unfriendly
ordinances.
Mr. Nanni's opponent has
instead chosen to run a campaign
isolated from the voters. She is
using ads and brochures with
the same old political one-liners
and sound bites -no substance
and no solutions.
Mr, Nanni has a long history
of public service here in Cutler
Bay, has reached out to and
engaged the residents, and has
demonstrated his Willingness
to listen to and represent all the
citizens of Cutler Bay.
From what I have seen, this is
not the case with his opponent.
She is intolerant of anyone
who does not agree with
her, and only listens to those
who say what she wants to
hear. She attacks those who
disagree with her. As I see
it, if elected, she will govern
as an oligarchic "ruler"
favoring those who support
her (including a lobbyist
who serves as her campaign
"consultant") rather than serve
as an elected representative for
all the citizens of Cutler Bay.
I prefer a representative of and
for all the citizens.
I will vote for Art Nanni for
Mayor of Cutler Bay.
In the race for Council Seat
One, Ed Wolmers has a long
history of civic involvement
and service to our community.
His opponent, the incumbent,
does not, is a "no-show", and
is a "me-too" on the CounciL
For 4 years Seat One has been
effectively an empty chair,
depriving the citizens of a fifth
independent, communicative,
and intelligent councilmember.
It's time to change that.
I will vote for Ed Wolmers for
Council Seat One,
Steve Zarzecki
Cutler Bay
pd. pol. adl-: paid/or solely by Sieve ZarzecJd, 9640 Martinique Drive, Cutler BaJ~ 33189, Florida as an independent
expenditure. This ad not approved by any candidate.
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
MARIA MESA. who on oath says that he or she is the
LEGAL CLERK. Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; thatthe attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING 11/6/2014
in the XXXX Court,
was published in said newspaper in the issues of
1.0/24/2014
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 ro . erson, firm or corporation
any disco ate mml or refu for the purpose
of s ring this a ertisement for blicati n in the said
wspaper.
(SEAL)
MARIA MESA personally known to me
)