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6Agenda Item No:6. City Commission Agenda Item Report Meeting Date: May 15, 2018 Submitted by: Thomas Pepe Submitting Department: Item Type: Resolution Agenda Section: RESOLUTION(S) PUBLIC HEARING(S) Subject: A Resolution of the City of South Miami, Florida, placing a question on the August 28, 2018, primary election ballot seeking voter approval of an amendment to the City’s Charter, Article II, Section 6D, reducing voting requirements needed to make land use and development regulations less restrictive in certain areas of the City. 3/5 (City Commission) Suggested Action: Attachments: Reso- Charter Amend Ballot Question Less Restrictive vote 2018 v4.docx ads.pdf 84 RESOLUTIONNO. _________________ A Resolution of the City of South Miami, Florida, placing a question on the August 28, 2018, primary election ballot seeking voter approval of an amendment to the City’s Charter, Article II, Section 6D, reducing voting requirements needed to make land use and development regulations less restrictive in certain areas of the City. WHEREAS,it is possible to selectively change voting requirements for a portion of the Transit Oriented Development District,the Light Industrial District,and Hometown Overlay Districtand not change the 5-of-5 voting requirement for all single family residential neighborhoods in the City. This area is depicted in Attachment A of this Resolution; and WHEREAS, businesseslocated in the Transit Oriented Development District, the Light Industrial District,and Hometown Overlay District generate far more of the City’s revenuesthan all of the single family residential neighborhoodscombined; and WHEREAS, the City Commissioners desire to have a ballot question submitted to the electorate for a Charter amendment that will facilitate changes to land use and development regulations (to makethemless restrictive) to encourage policies to revitalize theCity’s Commercial Core located inthe Transit Oriented Development District, theLight Industrial District and the Hometown Overlay Districts. WHEREAS, theCity Commission has identified the City’s Transit Oriented Development District, the Light Industrial District and the Hometown Overlay Districtsas the City’s Commercial Core andset the boundaries of the Commercial Core by Resolution 058-18-15091 and limited it to the area bounded by the following streets: SW 62nd Ave,beginning at US1,to SW 69th St, east to SW 59th Pl, north to SW 68th St, east to SW 57th Ave, south to SW 74th St, west to SW 61st Ave, west to US1, southwest to the point of beginning. NOW, THEREFORE, BE IT RESOLVEDBY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTHMIAMI, FLORIDA: Section 1.A question shall be placed on the ballot for the August, 2018 primary election to submit a ballot question 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 referendum at the August, 2018primary election. 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 followingform: TITLE:Charter Amendmentestablishing 4/5 Commission voting requirements forless restrictiveland use and development regulations. [Option (a)[Word count 15]] 85 Page 2 of 5 BALLOT QUESTION[Option 1]: Shall the City Charter be amended to help revitalize South Miami’s “Commercial Core”, consisting of commercial, industrial, and mixed-use areas near the South Miami Metrorail Station between SW 62nd Ave and Red Road, as described in Resolution 058-18-15091, by onlyrequiring a 4/5 vote of the City Commission to approve less restrictive land use and development regulations in the City’s Commercial Core? [word count 57][word count 62 with highlighted text] YES _____ NO _____ BALLOT QUESTION[Option 2]: Shall the City Charter be amended toenablerevitalizationofthe following commercial/industrial/mixed-use area to allowless restrictiveland use and development regulations by a 4/5 voteof the CityCommission: SW 62nd Avenuefrom US1 to SW 69th Street, east to SW 59th Place, north to SW 68th Street, east to SW 57th Avenue, south to SW 74th Street, west to SW 61st Avenue, west to US1, southwest to origin? [Word count 71] YES _____ NO _____ BALLOT QUESTION[Option 3]: Shall the City Charter be amended toenablerevitalizationof the City’s “Commercial Core” by allowingthe Commission to makeland use and development regulationsless restrictive, by a 4/5 vote,in areasencompassed by: SW 62nd Avenuefrom US1 to SW 69th Street, east to SW 59th Place, north to SW 68th Street, east to SW 57th Avenue, south to SW 74th Street, west to SW 61st Avenue, west to US1, southwest to origin? [Word count 75] YES _____ NO _____ BALLOT QUESTION[Option 4]: Shall the City Charterbe amended toenable revitalization ofthe City’s “Commercial Core,”encompassed bySW 62nd Avenuefrom US1 to SW 69th Street, east to SW 59th Place, north to SW 68th Street, east to SW 57th Avenue, south to SW 74th Street, west to SW 61st Avenue, west to US1, southwest to origin, by enablingthe City Commission by a 4/5 vote to makeland use and development regulationsless restrictive? 86 Page 3 of 5 [Word count 74] YES _____ NO _____ BALLOT QUESTION[Option 5]: Shall the City Charter be amended to help revitalize South Miami’s “Commercial Core”, consisting of commercial, industrial, and mixed-use areas near the South Miami Metrorail Station between SW 62nd Ave and Red Road, as described in Resolution 058- 18-15091, byrequiring a 4/5 vote of the City Commission to approveless restrictive land use and development regulations? [word count 57] YES _____ NO _____ BALLOT QUESTION[Option 6]: Shall Charter Article II, section 6.D.1. (requiring unanimous (5/5)voting for someland use and development regulations) be amended to enable the City Commission by a 4/5 vote to make land use and development regulations less restrictive in certain commercial, industrial, and mixed-use areas, near the South Miami Metrorail Station, as further described in Resolution 058-18-15091. [word count 57] YES _____ NO _____ Section 4.The form of the ballot shall be in accordance with the requirements of general election laws. Section 5.Early voting shall be conducted in accordance with the requirements of general election laws. Section 6. Vote-by-mail ballot may be used by qualified electors of the City of South Miami for voting on this question. The form of such absentee ballot shall be in accordance with the requirements prescribed by general election laws. Section 7. A sample ballot showing the manner inwhich the question or proposal aforesaid will appear at this election shall be published and provided in accordance with the applicable provisions of general election laws. Section 8. This election on the proposal aforesaid shall be held and conducted in 87 Page 4 of 5 accordance with applicable provisions of the general laws relating to elections and the provisions of the Miami-Dade County Home Rule Charter. The City Manager or the Manager’s designee, the Finance Director, and the City Clerk are hereby authorized anddirected to take all appropriate actions necessary to carry into effect and accomplish the provisions of this resolution. In addition, the City Clerk shall mail a copy of this resolution to all of the persons who are registered to vote in the election. Section 9. If the ballot question is answered in the affirmative by the 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 rollcall. 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. 1.Requirements for Adoption. All resolutions or ordinances shall be adopted by no less than three affirmative votes of the City Commission. Except as otherwise provided in this Charter, four affirmative votes of the City Commission shall be required in the 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 To amend land use and development regulations in any manner to make them less restrictiveinthe City’s Commercial Core which is defined as the area encompassed by the following roadways: from the point of beginning at SW 62ndAvenue and US1, then northon SW 62nd Avenue to SW 69th Street, then east to SW 59th Place, then north to SW 68th Street, theneast to SW 57th Avenue,thensouth to SW 74th Street, then west to SW 61st Avenue, then west to US1, then southwest on US1 to the point of beginning. Except as otherwise provided in this cCharter, five affirmative votes of the cCity cCommissionshall be required to approve the actions indicated below: To amend land use and development regulations in any manner to make them less restrictive in all areas of the City, other than in the City’s Commercial Core, as defined above. To issue bonds or borrow money in excess of five percent of the cCity’s current operating budget. 88 Page 5 of 5 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, theamendment to the City Charter shall become effective ten (10) days following the date of the election held for its approval. PASSED AND ADOPTEDthis____ day of _____________, 2018. ATTEST:APPROVED: ________________________________________________ CITY CLERK MAYOR READ AND APPROVED AS TO FORM:COMMISSION VOTE: LANGUAGE, LEGALITY AND Mayor Stoddard: EXECUTION THEREOF Vice Mayor: Harris Commissioner Gil: Commissioner Liebman: ________________________Commissioner Welsh: CITY ATTORNEY 89 22SE SUNDAY MAY62018NEIGHBORSMIAMIHERALD.COM Florida Highway Patrol traffic homicide investiga- tors have not yet conclud- ed their probe into aMarch 5crash in Islamorada that claimed the lives of four Spanish tourists on U.S.1. Charges are pending against Carlos Manso Blan- co,31,inthe crash in which FHP investigators say he hit the women's 2018 Nissan Rogue with his Isuzu truck as the car was attempting to make a left-hand turn in the north- bound lane at mile marker 80 on the northern end of Tea Table Bridge. Manso Blanco could not be reached for comment. Lt.Kathleen McKinney, FHP sub-district comman- der in the Keys,said traffic homicide investigators could take another 30 days before they complete their report,although McKinney said she doesn't anticipate it will take that long. "After they do,they will consult with the state at- torney's office before they file any charges,"McKin- ney said. Killed in the crash that afternoon were Margarita Cortés-Pardo,31,from Illes Balears,Spain;María Ló- pez-Bermejo Rosselló,31, from Mallorca,Spain;Te- resa Sánchez Quetglas,30, also from Mallorca;and Ana Gaitán Díaz,31,from Cordoba,Spain.The young women were vacationing in South Florida and the Keys. Cortés-Pardo was behind the wheel when the Isuzu rear-ended the Rogue, pushing it into the south- bound lane.The passenger side of the vehicle was placed directly in the path of a2016Allegro motor home driven by Daniel Pinkerton,62,of Alaska. The women were likely wearing seat belts,but troopers say the impact from the Allegro was so intense that nothing would have saved them.First responders worked the scene for most of the day under the impression that there were three bodies inside the Rogue.It wasn't until hours later when firefighters cut the vehicle open that the fourth victim was discovered. The two-mile stretch of highway —from mile marker 78 to 80 —isa frequent area for crashes because it is apopular recreation spot for fishing, swimming,picnicking and putting boats in the water. Monroe County Sheriff Rick Ramsay lobbied the Florida Department of Transportation to lower the speed limit there from 55 mph to 45 mph following the March 5crash. Earlier last week,FDOT turned down the request outright,but compromised after Ramsay protested the decision directly to Jim Wolfe,district secretary for South Florida and the Keys.By the end of May, the new speed limit will be 50 mph. FLORIDAKEYS Whythe driver in acrash that killed four Keys touristshas not been charge d BY DAVID GOODHUE dgoodhue@flkeysnews.comCITYOFSOUTHMIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami,Florida will conduct Public Hearing(s)at its regular City Commission meeting scheduled for Tuesday,May 15,2018,beginning at 7:00 p.m.,in the City Commission Chambers,6130 Sunset Drive,to consider the following item(s): AResolution of the City of South Miami,Florida,placing a question on the August 28,2018,primary election ballot seeking voter approval of an amendment to the City’s Charter,Article II, Section 6D,reducing voting requirements needed to make land use and development regulations less restrictive in certain areas of the City. An Ordinance amending the City of South Miami Land Development Code,Chapter 20,Article IV,Section 20-4.5.1 G to provide for voluntary off-site tree mitigation. An Ordinance to protect the residential neighborhoods that abut the NR zoned districts from noise generated from outdoor seating/ dining by amending Section 20-3.3 (E)of the City of South Miami Land Development Code regarding outdoor dining. 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 aperson 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 arecord 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. 90 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 KESHA BASSUE.whoon oath says that heor she is the LEGALCLERK,Legal Notices oftheMiamiDaily Business Review f/k/aMiami Review,adaily (except Saturday, Sunday andLegalHolidays)newspaper,published atMiami in Miami-Dade County,Florida;thatthe attached copyof advertisement,being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI-MAY15,201E in the XXXX Court. was published in said newspaper inthe issues of 05/04/2018 Affiant further says that the said MiamiDaily Business Review isa newspaper published atMiami,in said Miami-Dad e County,Floridaandthatthe said newspaper has heretofore been continuously published insaid Miami-Dade County,Florida each day (except Saturday,Sunday and Legal Holidays)and has been entered as second class mail matter atthepostoffice in Miamiinsaid Miami-Dade County, Florida,foraperiodofone year next preceding thefirst publication ofthe attached copy of advertisement;and affiant further says thatheor she has neither paidnor promised any person,firm or corporation any discount,rebate,commission or refund forthe purpose of securing this advertisement for publication in the said newspaper (SEAL) KESHA BASSUE personally knowntome {4»"-%,BARBARATHOMAS i'f'&Vi Commission #GG121171 R is expires November 2,2021 I ended Thru Troy Fain Insurance 800-385-70191 ------••'-• ©ow ©if ©©im™mmm MOTTD©!©IF tPPLMJ©KM/MM NOTICE ISHEREBY given thattheCity Commission oftheCityofSouth Miami, Florida will conduct PublicHearing(s)atitsregularCityCommissionmeeting scheduled for Tuesday,May15,2018,beginningat7:00p.m.,intheCity Commission Chambers,6130 Sunset Drive,toconsiderthefollowing item(s): A Resolution oftheCityof South Miami,Florida,placing a question ontheAugust28,2018,primary election ballot seekingvoterapprovalof an amendment totheCity's Charter,Article II,Section 6D,reducing voting requirements neededtomakelanduseand development regulationslessrestrictivein certain areasofthe City. An Ordinance amending theCityofSouthMiamiLand Development Code,Chapter20,Article IV,Section 20-4.5.1 6toprovideforvoluntary off-site tree mitigation. An Ordinance to protect the residential neighborhoods that abut the NRzoneddistrictsfromnoise generated from outdoor seating/dining by amending Section20-3.3(E)oftheCityof South MiamiLand Development Code regarding outdoor dining. ALL interested parties are inviied to attend andwillbe heard. For further information,please contact theCity Clerk's Office at: 305-663-6340. Maria M.Menendez,CMC City Clerk PursuanttoFlorida Statutes 286.0105,theCityhereby advises thepublic thatifaperson decides toappealanydecisionmadebythisBoard,Agency orCommissionwith respect toanymatter considered atitsmeetingor hearing,heor she willneeda record ofthe proceedings,andthatforsuch purpose,affected person may need to ensure thata verbatim record ofthe proceedings ismadewhich record includesthe testimony andevidence uponwhich the appeal istobe based. 5/4 18-91/0000316411M 91