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Res No 107-18-15140
RESOLUTION NO.107-18-15140 A Resolution of the City of South Miami,Florida,amending Resolution No. 094-18-15127,and 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 amend land use and development regulations in certain commercial,industrial,and mixed-use areas near the South Miami Metrorail Station. WHEREAS,itispossibletoselectivelychangevoting requirements fora portion of the Transit Oriented Development District,the Light IndustrialDistrict,and Hometown Overlay District and not change the 5-of-5voting requirement forallsinglefamily residential neighborhoods in the City;and WHEREAS,businesses located in the Transit Oriented Development District,the Light IndustrialDistrict,and Hometown OverlayDistrict generate far more of the City's revenues than allof the single family residential neighborhoods combined;and WHEREAS,the City Commissioners desire to havea ballot question submitted to the electorate for a Charter amendment that will encourage policies to revitalize the City's Commercial Core (see Attachment A)located in the Transit Oriented Development District,the Light Industrial District and the Hometown Overlay Districts;and WHEREAS,the City Commission has identified the City's Transit Oriented Development District,the Light Industrial District and the Hometown Overlay Districts as the City's Commercial Core and set the boundaries (Attachment A)of the Commercial Core by Resolution 058-18- 15091;and WHEREAS,the City Charter's useof the phrase "less restrictive"in Article II,section 6D(1) has proven to be confusing,ambiguous,and problematic for the City's administration of itsland use and land development regulations aswellas for residents and property owners within the City. NOW,THEREFORE,BEIT RESOLVED BYTHE MAYOR AND CITY COMMISSION OFTHECITY OF SOUTH MIAMI,FLORIDA: Section 1.A question shallbe 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 shallbe published in accordance with the election laws. Section 3.The result of such election shallbe determined bya majority of the qualified electors of the Cityof South Miami voting upon the referendum at the August,2018 primary election.All qualified electors of the Cityof South Miamishallbe entitled to vote at said election. The question shall appear on the ballot in substantially the followingform: Res.No.107-18-15140 TITLE:Establishment of 4/5 majority Commission voting requirements forland use/development regulations in certain areas. BALLOT QUESTION Shall Charter Article II,section 6.D.I.(requiring unanimous voting for some landuse and development regulations)be amended to enable the City Commissionby 4/5 majority vote to change landuse and development regulations in certain commercial,industrial, and mixed-use areas near the South Miami Metrorail Station,the "Commercial Core"as further described in Resolution 058-18-15091. YES NO Section 4.The form of the ballot shallbein accordance with the requirements of general election laws. Section 5.Early voting shallbe conducted in accordance with the requirements of general election laws. Section 6.Vote-by-mail ballot may be used by qualified electors of the Cityof South Miami for voting on this question.The form ofsuch absentee ballot shall be in accordance with the requirements prescribed by general election laws. Section 7.A sample ballot showing the manner in which the question or proposal aforesaid will appear at this election shallbe 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 accordance with applicable provisions of the general laws relating to elections and the provisions of the Miami-Dade County Home Rule Charter.TheCity Manager or the Manager's designee,the Finance Director,and the CityClerk are hereby authorized and directed to take all appropriate actions necessary to carry into effect and accomplish the provisions of this resolution.In addition,the CityClerkmaymaila copy of this resolution to allof 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 Dof SECTION 6.titled "Ordinances"ofArticle II of the City Charter shallbe amended as follows: Page2 of 5 Res.No.107-18-15140 D.Voting Procedure.Votingshallbebyrollcall.The "yeas"and "nays" shallbe recorded individually in the minutes of each meeting. No Commission member shallbe excused from voting as required bylaw. 1.Requirements for Adoption.All resolutions or ordinances shall be adopted byno less than three affirmative votes of the City Commission. Exceptas otherwise provided in this Charter,four affirmative votes of the City Commission shallbe 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 ArticleV To amend land use and development regulations in any manner in the City's Commercial Core which is defined as the area encompassed by the following roadways:from the point of beginning at SW 62nd Avenue and US1,then north on SW62nd Avenue to SW 69th Street,then east to SW 59th Place,then north to SW 68th Street,then east to SW 57th Avenue, then south to SW 74th Street,then west to SW 61st Avenue,then west to US1,then southwest on US1 to the point of beginning. Exceptas otherwise providedinthis eCharter,five affirmative votes of the eCity eCommission shallbe required to approve the actions indicated below: To amend landuse and development regulations in any manner to make them less restrictive inall areas of the City,other than in the City's Commercial Core,as defined above. Toissue bonds or borrow money inexcessoffive percent of the eCity's current operating budget. Section 10.Severability:If anysectionclause,sentence,orphrase ofthisresolutionisfor anyreasonheldinvalidorunconstitutionalbyacourt of competentjurisdiction,theholdingshall not affect the validity of the remaining portions of this resolution. Section 11,Effective Date:This resolution shall become effective immediately upon adoptionbyvote of theCity Commission and,if approvedbytheelectorate,the amendment tothe CityChartershallbecomeeffectiveten (10)daysfollowingthedate of theelectionheldforits approval,when effective,this resolution shallsupersede Resolution 094-18-15127. Page 3 of5 Res.No.107-18-15140 PASSED AND ADOPTED this 5 th day of June _,2018. ATTEST: 1•Aie^e^u^_jZ-, CITY CLERK READ AND APPROVED AS TO FORM: LANGUAGE,LEGALITY AND EXECUTION THEREOF s"s~?p^>^y<=%£:.~/-~i^y CITY ATTORNEY 1AYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor:Harris Commissioner Gil: Commissioner Liebman: Commissioner Welsh: Page 4 of5 Res.No.107-18-15140 South Miami Bird Road Kendall Drive ATTACHMENT A «3 itp Commercial Core SW 68th St WIS ,s,SW69th&,,,,.,S ••••••• •:.-..•|••II •I •'.-•••••• A ft tdWflBffl ••.'Q .** •.••' 0 9 p%- AUC SliftWt PL«*?4 •• tng £\_?J 9jig •••• ^ 9 ^CD Tennis Pt*« » SW 74th St 85 ,.,-.. Page 5 of5 Agenda Item No:15. City Commission Agenda item Report Meeting Date:June 5,2018 Submitted by:Thomas Pepe Submitting Department:City Attorney Item Type:Resolution AgendaSection:RESOLUTION(S)PUBLIC HEARING(S) Subject: AResolutionoftheCityof South Miami,Florida,amendingResolutionNo.094-18-15127,andplacinga questionontheAugust28,2018,primary election ballot seekingvoterapprovalofan amendment totheCity's Charter,Article II,Section6D,reducingvoting requirements needed to amend land use and development regulations in certaincommercial,industrial,andmixed-use areas neartheSouth Miami Metrorail Station. 3/5 (Mayor Stoddard) Suggested Action: Attachments: Resolution ballot question revisionCArevCompared.docx Miami Herald Advertisement.pdf MDBR Advertisement.pdf 937 S!MM,^.*MaK*WIWWIi***MW^^r3KJiH-MU\talr"m-^^»liA SUNDAY MAY 272018 MIAMIHERALD.COM FR0IV1PACiE14$E Free.786-650-2073 or www.seminoletheatre.org. ReggaeFestival:Family- friendly reggae and soca festival includes perform ances by Kingston dance- hall superstars Mavado, Aidonia and Konshens, plusGhost,Ding Dong, Masicka,Capleton and others; 2p.m.,Bayfront Park Amphitheatrer,301Bis- cayneBlvd.,Miami.$45- $135;kids under 12free with adult,www.bestofthe bestconcert.com. Monday,May28 Sgt.LaDavid T.Johnson Memorial Day Breakfast: The city of Miami Gar dens is hosting a free breakfast from 9-11 a.m. atthe Betty T.Ferguson Recreational Complex, 3000 NW 199th St.,to honor those who have died in service to the nation.The breakfast is named for Johnson,the soldier from Miami Gar dens who died inNigerin an ambush last October. RSVP required.Goto memorialdayinthegardens 2018.eventbrite.com or call 305-914-9070. Miami Shores Memorial Day ceremony:Michael Shepherd,a West Point grad who served asa cavalry squadron platoon leader in Afghanistan,will speakattheMiamiShores Memorial Day ceremony at9a.m.Shepherd,an EagleScoutwho grew up inthe village,will pay tribute to LaDavid John son,the Army sergeant from Miami Gardens killed in an ambush in Niger.The ceremony isat Memorial Park,Northeast 94th Street and Second Avenue.Free. Coral Gables Memorial Day ceremony:9 a.m., War Memorial Youth Center,405 University Dr.,Coral Gables.Free. 305-460-5600. Historic Miami Cemetery Memorial Day tour:Pay tribute to the dozens of hometown soldiers who were killed in action and one merchant marine who diedwhenhisship,"The James Sprunt,"was sunk off the coast of Cuba in 1943.Two tours are pro vided;9-11:30 a.m.,City of Miami Cemetery,1800 NE Second Ave.,Miami. Free.786-999-2658. Remembering Our He roes:The Greater Miami Chamber of Commerce's Military Affairs Commit tee commemorates the U.S.entrance into World War I.Events include a wreath-laying ceremony, a color guard parade and special remarks byMaj. Gen.David G.Bellon, commander of the U.S Marine Corps Forces, South.10 a.m.Monday; Woodlawn Park Ceme tery,3260 SW Eighth St., Miami.Free. Surfside Memorial Day ceremony:Event includes presentation ofcolors, Scouttroopsandspecial guests.Light refreshments provided;10 a.m.,Veter ans Park,8791 Collins Ave.,Surfside.Free.For more information,call 305-866-3635 or visit www.townof surfsidefl.gov. Davie Memorial Day parade and ceremony: Parade begins at 10:30 a.m.and steps offat the Davie Fire administration building,6905 Orange Dr.,and ends attheBer geron Rodeo Grounds, 4271 Davie Rd.The cere mony after the parade begins at 11 a.m.in the Rodeo Arena.Free.954- NEIGHBORS 21SE 778-0599 or https://smcc.us/ CityofHialeahMemorial Day Ceremony:10a.m., Triangle ParkatPalm Avenue and Okeechobee Road.Free.305-883- 5820. Miami Beach Police De partment's Memorial Day ceremony:3:15 p.m., MBPD Headquarters, 1100 Washington Ave., Miami Beach.Free.305- 673-7901. Pembroke Pines Memo rialDay ceremony:In cludes a presentation of colors,guest speakers and a wreath-placing;9 a.m., Fletcher Park,7900 John sonSt.,Pembroke Pines. Free.954-392-2116 or http://www.ppines.com/ 325/Special-Events. Sunrise Memorial Day service:The ceremony includes a wreath-placing, speakers,music,light refreshments and the presentation of colors;9 a.m.,Sunrise Civic Center Amphitheater,10610 West Oakland Park Blvd., Sunrise.Free.954-746- 3670or https://bit.ly/ 2IHMz2S. Plantation Memorial Day ceremony:9:30 a.m., Plantation Veterans Me morial Park,1776 Lauder dale West Dr.,Plantation. Free,https://www.face book.com/events/ 185527385421965/. PAMM Memorial Day BBQ:Held on the water front terrace.Catch a live performance by garage rock band SunGhosts,plus food and refreshments for sale,art-making with PAMM teaching artists, and a special appearance by Coast Guard AirSta tion Miami;1 p.m.,Perez Art Museum,1103Bis- cayneBlvd.,Miami-$16. http://pamm.org/ memorialdayl8?mc cid =9ab8631584&mc_eid= 8ddf2a46dd. CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY giventhattheCity Commission ofthe CityofSouthMiami,FloridawillconductPublic Hearing(s)atits regularCity Commission meeting scheduled for Tuesday,June5, 2018,beginning at7:00 p.m.,intheCity Commission Chambers, 6130 Sunset Drive,to consider the following item(s): AResolutionauthorizingtheCityManagertoenterintoa multi-year InterlocalAgreement withMiamiDadeCountyfor canal maintenance for the Ludlam Glades and Broad Canals foran amount notto exceed $220,290 annually. AResolution authorizing theCityManagertoenterintoa multi-year contract for citywide SIP phone service with Windstream foratotaltermnotto exceed three (3)consecutive years. AResolutionoftheCityofSouthMiami,Florida,amending ResolutionNo.094-18-15127,andplacingaquestionon theAugust28,2018,primaryelectionballot seeking voter approvalofan amendment totheCity's Charter,Article IL Section6D,reducingvotingrequirementsneededtoamend lauduseand development regulations incertain commercial, industrial,andmixed-useareasneartheSouthMiami Metrorail Station. AResolution authorizing theCityManagertoenterinto multi-year contracts for emergency debris removal and disposal services for total term notto exceed five (5) consecutive years. ALL interested parlies are invited to attend and will be heard. For further infonnation,please contact theCityClerk's Office at: 305-663-6340. Maria M.Menendez,CMC City Clerk PursuanttoFloridaStatutes 286.0105,theCityherebyadvises die public that ifa person decides to appeal any decision made by this Board,Agencyor Commission withrespecttoanymatterconsideredat itsmeetingor hearing,heorshewillneedarecordofthe proceedings, andthatforsuch purpose,affected person may need to ensure thata verbatimrecordofthe proceedings ismade whicii recordincludesthe testimonyandevidenceuponwhichtheappealistobebased. 943 MIAMI DAILY BUSINESS REVIEW PublishedDaily except Saturday,Sundayand Legal Holidays Miami,Miami-Dade County,Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Beforetheundersignedauthoritypersonally appeared JOHANA OUVA,whoonoath says thatheorsheisthe LEGAL CLERK.LegalNoticesofthe Miami DailyBusiness Review f/k/a Miami Review,a daily (exceptSaturday, SundayandLegalHolidays)newspaper,publishedat Miami in Miami-Dade County,Florida;thattheattachedcopyof advertisement,beingaLegal Advertisement ofNoticeinthe matter of NOTICE OF PUBLIC HEARINGS -CITY OF SOUTH MIAMI- JUNE 5,2018 in the XXXX Court, was published in said newspaper in the issues of 05/25/2018 Affiant furthersaysthatthesaidMiamiDailyBusiness Reviewisa newspaper published atMiami,in said Miami-Dad eCounty,Floridaandthatthesaid newspaper has heretofore been continuously published in said Miami-Dade County,Floridaeachday(exceptSaturday,Sundayand LegalHolidays)and has been entered as second class mail matteratthepostofficeinMiamiinsaidMiami-DadeCounty, Florida,foraperiodofoneyearnextprecedingthefirst publicationofthe attached copyof advertisement;andaffiant furthersaysthatheorshehasneitherpaidnorpromisedany person,firmor corporation any discount,rebate,commission orrefundforthe purpose ofsecuringthis advertisement for publication inthesaid newspaper. NOTICE IS HEREBY giventhattteGfry .Gommissjqn of the,City ofSouth Miami, Florida will conductPublic Hearing(s)atitsregularCityCommissionmeeting scheduled for Tuesday,June 5,2016,beginning at 7:00 p.m.,in the City Commission Chambers,6130 Sunset Drive,to considerthefcllowmg itemisy. A Resolution .authorizing the City Managertoenter into.a ihulti-year Interlocal Agreement with Miami DadeCountyforcanalmaintenancetor the:Ludlam Glades and Broad Canals foran amount ridffS exceed $220,290 annually, A Resolution authorizing theCityManagerto.enterintoa multi-year contractforcitywideSIPphoneservice with VWndstream foratotal termnotto exceed three (3)consecutive years. A Resolution ofthe City ofSouth Miami,Florida,amending Resolution tio.094--18-15127,and placinga question ontheAugust28,2018,v primary election ballot seekingvoter approval ofanamendmenttothe City's Charter,Article II,Section6D,reducing voting-requirements needed to amendlanduseand development regulations incertain• -commercial,industrial,andmixed-use areas nearthe South Miami Mstosrall Station; A Resolution authorizing the City Manager toenter into multi-year "contracts.foremergency debris removal anddisposalservicesfor totaltermhotto exceed five ©consecutive years. ALL interestedparties;arsmvited to attendand.will be-heard. Far further Information,please cor^^ :~*'306-663-6340.-*^"""°'-->.---------= .Maria M.Menendez,CMC CityCterk Pursuant to Florida Statutes 266.0105,the City hereby advises tte public that if a person decides to appeal any decision made by .this'Board,Agency or Commission with respect to arty matter consideredatits meeting or hearing,he or she will need a reportl ofthe proceedings,and that for such purpose,affected person may need to ensure thai a verbatim record efthe proceedings Is made which record includes 1he testimony and evidence upon whleh theappealIsto be based. 5725 18-85/0000321568M 944