51
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
41
42
43
44
45
RESOLUTION NO. _____ _
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., Subsection D. Voting Procedure, to reduce the number of votes necessary to make land use
and development regulations less restrictive for the Madison Square affordable housing project.
WHEREAS, for approximately 20 years the City's Comprehensive Plan has made provisions
for and encouraged the construction of affordable housing in South Miami; and
WHEREAS, it is more likely that increasing density at affordable housing sites will make
construction more affordable and will produces a more viable and cost effective affordable
development; and
WHEREAS, the City Commissioners desire to have a ballot question submitted to the
electorate for a Charter amendment that will make it easier to make land use and development
regulations less restrictive for the 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 shall be placed on the ballot for the Tuesday, November 8, 2016
election to submit to the qualified electors as set forth below.
Section 2. Notice of such election shall be published in accordance with the election laws.
Section 3. The result of such election shall be determined by a majority of the qualified
electors of the City of South Miami voting upon the proposal at the 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 on the 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 requirement
to a majority to enact less restrictive land use and development regulations for
affordable housing in the Community Redevelopment Area on the Madison Square
assemblage, Marshall Williamson tract and lots wholly within the area between the
center line of SW 64 Street and 150 feet immediately north thereof and bound by SW
60 Place and 59 Avenue. .
YES
NO
Page 1 of3
1 Section 4. The form of the ballot shall be in accordance with the requirements of general
2 election laws.
3
4 Section 5. Early voting shall be conducted in accordance with the requirements of general
5 election laws.
6
7 Section 6. Vote-by-mail ballot may be used by qualified electors of the City of South Miami
8 for voting on this question. The form of such absentee ballot shall be in accordance with the
9 requirements prescribed by general election laws.
10
11 Section 7. A sample ballot showing the manner in which the question or proposal aforesaid
12 will appear at this election shall be published and provided in accordance with the applicable
13 provisions of general election laws.
14
15 Section 8. This election on the proposal aforesaid shall be held and conducted in accordance
16 with applicable provisions of the general laws relating to elections and the provisions of the
17 Miami-Dade County Home Rule Charter. The City Manager or the manager's designee, the Finance
18 Director, and the City Clerk are hereby authorized and directed to take all appropriate actions
19 necessary to carry into effect and accomplish the provisions of this resolution.
20
21 Section 9. If the ballot question is answered in the affirmative by the requisite number of
22 voters, Subsection D of SECTION 6. titled "Ordinances" of Article II of the City Charter shall be
23 amended as follows:
24 D. Voting Procedure. Voting shall be by roll call. The "yeas" and "nays" shall
25 be recorded individually in the minutes of each meeting.
26 No Commission member shall be excused from voting as required by law.
27 (Amended 2/8/00)
28 1. Requirements for Adoption. All resolutions or ordinances shall be adopted by
29 no less than three affirmative votes of the City Commission. (Amended 2/8/00).
30 Except as otherwise provided in this Charter, four affirmative votes of the City
31 Commission shall be required in the following instances: (Amended 2/8/00 and
32 11/04/08 & 2/9/1 0)
33 To issue bonds or borrow money
34 To grant, renew or amend any lease or, franchises
35 To transfer title to property
36 To appropriate or expend non-budgeted funds
37 To approve an initiatory ordinance pursuant to Article V
38 2. Except as otherwise provided in this charter, and other than for all amendments
39 to the land use and development regulations, whether more or less restrictive, that
Page 2 of3
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
pertain to the area known as the South Miami Community Redevelopment area, as it
existed on October 25, 2015, and that are being made for the primary purpose of
providing affordable and work force housing on the lots 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 Place and east by 59 A venue, as well as 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 64 th Street, which shall only require three
affirmative votes of the City Commission.
3. five affirmative votes of the e~ity e~ommission shall be required to approve
the actions indicated below:
To amend land use and development regulations in any manner to make them
less restrictive unless a lesser vote is set forth above for a specific locale
or district.
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 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 resolution.
Section 11. Effective Date: This resolution shall become effective immediately upon
adoption by vote of the City Commission and, if approved by the electorate, the amendment to the City
Charter shall become effective ten (10) days following the date of the election held for its approval.
PASSED AND ADOPTED this __ day of _____ , 2016.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page 3 of3
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Harris:
,24SE I I NEIGHBORS I SUNDAY JULY 24 2016
MIAMIHERALD.COM
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Mjami,
Florida will conduct Public Hearing(s) at its regular City Commission meeting
scheduled forTuesday,August 2, 2016, beginning at 7:00 p.m., in the City Commission
Chambers, 6130 Sunset Drive, to consider the following item(s):
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, placing a question on the ballot for Tuesday, November 8, 2016,
Presidential Election, to correct language made obsolete by state law or pre"iolls
charter changes, and to clarifY existing Charter language without change in
function or intent by amending Art. IJ, Sec. 8.A, Art. rn, Sec. 5.E, Art. IV. Sec,
2.B, Art. IV, Sec. Z.e., Art. V, Sec. l.BA-5, Art. V, Sec. 5.B., Art. V, Sec. 6.,
including an effective date for the amendment, and directing the City Clerk to
incorporate the amendment into the Charter and to file the revised charter with
the Florida Department of State; providing ballot language and directing the City
Clerk to take all necessary actions to carry out the provisions of this resolution.
(
" A Resolution of the City of South Miami, Florida, placing a question on thO,
, ballot for Tuesday, November 8, 2016, Presidential Election, to amend the City
Charter, Article II, SECTION 6, subsection D Voting Procedure, to reduce the
. number of votes necessary to make land use and development re,,'ll1ations less
restrictive for the Madison Square atTordable housing project.
A Resolution of the City of South Miami, Florida, placing a non-binding ballot
question on the Tuesday. November 8, 2016, Presidential Election ballot, to
determine whether the voters support the building of a new City Hall, Police
Station and Library using the value of the existing Library andlor City Hall!Police
Station property, and how surplus funds from such a transaction should be spent.
An Ordinance amending Chapter I, Section 1-8 of the City of South Miami's
Code of Ordinances regarding general penalties for offenses.
An Ordinance amending Chapter 5. Article l, Section 5-1 of the City ofSoulh
Miami's Code of Ordinances protecting wild parrots, their nesting trees and
their eggs and establishing criminal penalties and enforcement procedures.
An Ordinance establishing a moratorium on the subdivision of parcels of land
pending the adoption of an an1enciment to the City's Land Development Code,
Section 20-4.2, governing subdivision ofland and buildable sites.
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 advil'cs the public that if a person decides to
appcai any decision made by this Board. Agency or Commission with respect to any matter considered
at its meeting or hearing. he or she \\;Il 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 ba;;:cd.
FROM PAGE 12SE
CALENDAR
Herald Media Company now
present this journalistic chronol~
ogy, which showcases the spirit
and accomplishments of the
Cuban American community. The
permanent exhibition is housed
at the College's National Historic
Landmark Freedom Tower, itself
central to the story of Cubans in
the United States. MDCs Free-
dom Tower was operated by the
u.s. Government as a reception
center for Cuban refugees from
1962 to 1974. The building is
significant because it represents
the important story of the Cuban
exodus to America and resettle-
ment during the Cold War,A
reports the U.S. Department of
the I nterior, which has also called
the Freedom Tower the Ellis
Island of the South.A Though it
operated in that capacity for only
12 years, the building has become
an icon representing the faith
that democracy brought to .
troubled lives, the generosity of
the American people and a
hopeful beginning that assured
thousands a new life in a new
land. July 24 -July 2812 p.m.-5
p.m. Free Miami Dade College -
in varied environments and
locations throughout the China
to reveal the mix of ancient
tradition and modern lifestyle of
its young people, YAA also will
feature several exhibits show-
casing internationally acclaimed
contemporary Chinese artists, Ji
Zhou, Li Hongbo and Yi Zhou, in
addition to artwork from stu-
dents at the Roupu Art Center in
Wuhan, China. July 2411 a.m.-6
p.m.; July 25 -July 28 10 a.m.-5
p.m. $11-$14 Young at Art Mu-
seum 751 SW 121 Ave., Davie.
Cuban Classical Ballet of Miami
School Summer Camp This
intensive Summer program
focuses on the Cuban Classical
Ballet Technique and will include:
Pointe, Variations, Pas de Deux,
Character Dance and more. The
camp concludes with a showcase
performance on Saturday, July
30. July 24 -July 28 9 a.m.-S p.m.
$250 and up Miami Hispanic
Cultural Arts Center 111 SW. Fifth
Ave., Miami.
Exhibit Tours -Creating the
Dream Enjoy a guided tour of
"Creating the Dream: George
Merrick and His Vision for Coral
Gables}," an exhibition about the
Gables' founder and developer
George Merrick. Learn how
Merrick went from thirteen-year
old farmer's son to development
king. This inspiring American
story addresses local history and
urban design. July 241 p.m.
Included in admission Coral
Gables Museum 285 Aragon Ave.,
Coral Gables.
Exile Experience: A Journey to
Freedom "The Exile Experience:
Journey to Freedom" is a pictorial
account of the struggles that the
Cuban exile community has
endured since Fidel Castro's rise
to power, and the successes they
have achieved in the United
States. Having covered the
Cuban exile community and its
struggle for freedom extensively
throughout the years, Miami
Dade College and The Miami SEE CALENDAR, 26SE
The Public is advised that the South A Municipal Advisory Committee (MAC) will be holding a meeting
on Tuesday, July 26, 2016 at 6:30 P.M. at Deerwood Bonita Lakes Park, 14445 SW 122nd Avenue,
Miami,33186.
The MAG will be evaluating the potential incorporation of the area into a separate municipality; it will also
be meeting with staff to discuss the County's concerns regarding any adverse impact to the remaining
unincorporated municipal service area or other regional municipal-type services that could occur due to
any such incorporation.
The MAG area is generally bounded as follows:
NORTHERN MOST BOUNOARY:
SW 120th Street
SOUTHERN MOST BOUNDARY:
SW 232nd Street
EASTERN MOST BOUNDARY:
US 1
WESTERN MOST BOUNOARY:
SW 157th Avenue
(Boundaries only indude areas within
County Commission District 9 for study area)
The public is invited to share its thoughts on incorporation, the proposed boundaries. services it wishes to
see enhanced and any additional information that may assist the MAG in its deliberations.
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday. Sunday and
legal Holidays
Miami. Miami-Dade County. Florida
STATE OFFLORIDA .
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 <!aily (except Saturday. Sunday and
Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being aLegal Advertisement of Notice in the matter of
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI-AUGUST 2,2016
in the XXXX Court,
was published in said newspaper in the issues of
07/22/2016
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
(SEAL)
MARIA MESA personally known to me
RHONDA M PELTIER
MY COMMISSION 1# FF231407
EXPIRES May 17 2019
~lorod.\."IO:n".sc·.i«:.;W-