Res No 148-16-14703RESOLUTION NO.1 48-1 6-1 4703
A Resolution of the City of South Miami,Florida,placing a question on the ballot for
Tuesday,November 8,2016,Presidential Election,to amend the City Charter,Article II,
Section 6.D,to allow three affirmative votes of the City Commission to make land use and
development regulations less restrictive for Marshall Williamson/Madison Square Projects
and certain properties in the surrounding area if purchased by the City or the Community
Redevelopment Agency.
WHEREAS,for approximately 20yearsthe City's Comprehensive Plan hasmade
provisionsforand encouraged the construction of affordable housing inSouthMiami;and
WHEREAS,itismorelikely that increasing density at affordable housing siteswillmake
construction more affordable andwill produces amoreviableandcost effective affordable
development;and
WHEREAS,theCity Commissioners desire to have a ballot question submitted tothe
electorate fora Charter amendment that will make it easier to make land use and development
regulations less restrictive forthe Madison Square project.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.A question shallbe placed onthe ballot for the Tuesday,November 8,2016
election to submit tothe qualified electors assetforth below.
Section 2.Notice of such election shallbe published in accordance with the election
laws.
Section 3.The result of such election shallbe determined bya majority ofthe qualified
electors of theCity of South Miami voting upon the proposal atthe national presidential election
on November 8,2016.All qualified electors of the City of South Miami shall be entitled to vote at
said election.The question shall appear onthe ballot in substantially the following form:
Title:Charter amendment reducing the voting requirement for certain affordable housing.
BALLOT QUESTION:
Shall Article II,Section 6 of the Charter be amended to reduce the voting
requirements to four affirmative votes of the City Commission to enact less
restrictive land useand development regulations for affordable and workforce
housing perUS HUD Standards intheCommunity Redevelopment Area onthe
Madison Square assemblage,Marshall Williamson tractandcertain properties in
the surrounding area if purchased bytheCityorthe Community Redevelopment
Agency.
Page 1 of3
Res.No.148-16-14703
YES
NO
Section 4.Theform of the ballot shallbein accordance with the requirements of general
election laws.
Section 5.Earlyvotingshallbeconductedinaccordancewiththerequirements of general
election laws.
Section 6.Vote-by-mail ballot maybe used by qualified electors of theCity of South
Miamifor voting onthis question.Theform of such absentee ballot shallbein accordance withthe
requirements prescribed bygeneral election laws.
Section 7.Asampleballotshowingthemannerinwhichthequestionorproposalaforesaid
willappearatthiselectionshallbepublishedandprovidedinaccordancewiththeapplicable
provisions of general election laws.
Section 8.This election onthe proposal aforesaid shallbeheldand conducted in
accordancewithapplicableprovisions of thegenerallawsrelatingtoelectionsandtheprovisions
of the Miami-Dade County Home Rule Charter.TheCity Manager orthe manager's designee,the
Finance Director,andthe City Clerk are hereby authorized and directed to take all appropriate
actions necessary to carry into effect and accomplish the provisions of this resolution.
Section 9.If the ballot question is answered inthe affirmative bythe requisite number of
voters,Subsection D of SECTION 6.titled "Ordinances"of Article II of the City Charter shall be
amended as follows:
D.Voting Procedure.Voting shall be by roll call.The "yeas"and "nays"
shall be recorded individually inthe minutes of each meeting.
No Commission member shallbe excused from voting as required bylaw.
(Amended 2/8/00)
L Requirements for Adoption.All resolutions or ordinances shallbe adopted
bynoless than three affirmative votes of theCity Commission.Except as
otherwise provided inthis Charter,four affirmative votes of theCity Commission
shall be required inthe following instances:
To issue bonds or borrow money
To grant,renew or amend any lease or franchises
To transfer title to property
To appropriate or expend non-budgeted funds
To approve an initiatory ordinance pursuant to Article V
Page 2 of 3
Res.No.148-16-14703
2.Exceptasotherwiseprovidedinthischarter,in order to make landuseand
developmentregulations,lessrestrictive,in theareaknownastheSouthMiami
Community Redevelopment area,asitexistedon October 25,2015,andthatarebeing
madeforthe primary purpose of providingaffordableandworkforce housing onthelots
that are wholly within the area between the center line of SW 64 Street and 150 feet
immediately north thereof and bound on the west by SW 60 Avenue and east by 59
Avenue,and the assemblage of lots known as Madison Square and Marshall Williamson,
as they existed on October 25,2015,and which are located just south of 64th Streets and
certain properties inthe surrounding areathatabutthose properties if purchased bytheCity
orthe Community Redevelopment Agency solely forthe construction of affordable or
workforce housing,shall only require four affirmative votes of the City Commission.
3.Except as otherwise provided in the Charter,five affirmative votes of
the eCity eCommission shallbe required to approve the actions indicated below:
To amend land useand development regulations inany manner to make
them less restrictive unless a lesser vote is allowed as specified above.
To issue bonds or borrow money in excess of five percent of the city's
current operating budget.
Section 10.Severability:If any section clause,sentence,or phrase of this resolution is
foranyreasonheld invalid or unconstitutional byacourt of competent jurisdiction,theholding
shallnot affect the validity of the remaining portions of this resolution.
Section 11.Effective Date:This resolution shallbecomeeffective immediately upon
adoptionbyvote of theCity Commission and,if approved bythe electorate,the amendment tothe
CityChartershall become effective ten (10)daysfollowingthedate of the election heldforits
approval.
PASSED AND ADOPTED this 8th day of August 2016.
•TEST:APPROVED:
CITY CLE
READ AND
LAN'
VED AS TO FORM:
Page 3 of3
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Harris:
3-2
Yea
Yea
Nay
Yea
Nay
THURSDAY AUGUST 4 2016
MIAMIHERALD.COM NEIGHBORS
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that theCity Commission of the
CityofSouth Miami,FloridawillconductPublicHearing(s)
ataSpecialCity Commission meeting scheduled forMonday,
August8,2016,beginningat6:30p.m.,intheCityCommission
Chambers,6130SunsetDrive,to consider thefollowingitem(s):
A Resolution of theCity of South Miami,Florida,placinga
questionontheballot forTuesday,November 8,2016,Presidential
Election,toamendtheCity Charter,Article II,Section 6.D,so
four affirmativevotes of the City Commission canadoptless
restrictive landuseand development regulations foranarea
boundedby:SW 62nd AvenueontheweststartingatUSl;north
toSW 69th Street,easttoSW 58th Place,north toSW 68,h Street,
east toSW57thAvenue;south toSW 74th Street,westtoSW 61st
Avenue,westto USl,then back tothebeginning.
f A Resolution of the City of South Miami,Florida,placing a^
question onthe ballot for Tuesday,November 8,2016,Presidential
Election,toamendtheCity Charter,Article II,Section 6.D,to
allow three affirmative votes of theCity Commission tomake
landuseanddevelopment regulations less restrictive forMarshall
Williamson/Madison Square Projects and certain properties in
the surrounding area if purchased bytheCityortheCommunity
Redevelopment Agency.
ALLinterestedpartiesareinvitedtoattendandwillbe
heard.
Forfurther information,please contact theCity Clerk's
Office at:305-663-6340.
Maria M.Menendez,CMC
City Clerk
Pursuant lo Florida Statutes 286.0105.theCityherebyadvisesthepublic thai if a
person decidestoappealanydecision made bythis Board,AgencyorCommission
withrespecttoanymatterconsideredatits meeting orhearing,heorshewillneed
a record of the proceedings,andthatforsuchpurpose,affected person may need
toensurethata verbatim record of the proceedings ismadewhichrecord includes
the testimony and evidence upon which theappealistobebased.
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NOTICE OF PUBLIC HEARING
CITYOF SOUTH MIAMI-AUGUST 8,2016
in the XXXX Court,
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