Res No 120-18-15153RESOLUTION NO. 120-18-15153
A Resolution of the City of South Miami, Florida, ratifying the correction to
Resolution No. 107-18-15140 for the placing of a question on the August 28,
2018, primary election ballot seeking voter approval of an amendment to the
City's Charter, Article II, Section 60, 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, it is possible to selectively change voting requirements for a portion of the
Transit Oriented Development District, the Light Industrial District, and Hometown Overlay
District and not change the 5-of-5 voting requirement for all single family residential
neighborhoods in the City; and
WHEREAS, businesses located in the Transit Oriented Development District, the Light
Industrial District, and Hometown Overlay District generate far more of the City's revenues than
all of the single family residential neighborhoods combined; and
WHEREAS, the City Commissioners desire to have a 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 use of the phrase IIless restrictive" in Article II, section 6D{1}
has proven to be confusing, ambiguous, and problematic for the City's administration of its land
use and land development regulations as well as for residents and property owners within the
City.
WHEREAS, the election department found that the words "land use/development
regulations" are treated by the election department as four word, whereas the word counting
program in MS Word program treats them as three words; and
WHEREAS, the title to a ballot question is limited to 15 words and the election
department's word count, based on its interpretation of the words "land use/development
regulations", was 16 words; and
Page 1 of5
Res. No. 120-18-15153
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 €~ity'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. Upon adoption of this resolution, this resolution shall ratify the correction to Resolution
107-18-15140 as submitted to the elections department.
PASSED AND ADOPTED this 19th day of June, 2018.
ATTEST: APPROVED:
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Harris: Yea
Commissioner Gil: Yea
Commissioner Liebman: Yea
Commissioner Welsh: Yea
Page 4 0[5
Res. No. 120-18-15153
WHEREAS, City, with the advice of its City Attorney, corrected this scrivener's error by
striking the word lIall" in the ballot title to reduce the word count to 15 words.
NOW, THEREFORE, BE IT RESOLVED BYTHE MAYOR AND CITY COMMISSION OFTHE CITY
OF SOUTH MIAMI, 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, 2018 primary
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 following form:
TITLE: Establishment of 4/5 majority Commission voting requirements for land
use/development regulations in certain areas.
BALLOT QUESTION
Shall Charter Article II, section 6.D.1. (requiring unanimous voting for some land use and
development regulations) be amended to enable the City Commission by 4/5 majority
vote to change land use and development regulations in certain commercia" industrial,
and mixed-use areas near the South Miami Metrorail Station, the IICommercial Core" as
further described in Resolution 058-18-15091.
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.
Page 2 of5
Res. No. 120-18-15153
Section 7. A sample ballot showing the manner in which 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
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 orthe Manager's designee, the
Finance Director, and the City Clerk 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 City Clerk may 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 1I0 r dinances" of Article II of the City Charter shall be
amended as follows:
D. Voting Procedure. Voting shall be by roll call. The lIyeas" and IInays"
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 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 SW 62 nd 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.
Except as otherwise provided in this €~harter, five affirmative votes of the
€~ity €~ommission shall be required to approve the actions indicated below:
Page 3 of5
Res. No. 107-18-15140
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City Commission Agenda Item Report
Meeting Date: June 19, 2018
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section: RESOLUTION(S) PUBLIC HEARING(S)
Subject:
A Resolution of the City of South Miami, Florida, ratifying the
correction to Resolution No. 107-18-15140 for the placing of a
question on the August 28, 2018, primary election ballot seeking
voter approval of an amendment to the City's Charter, Article II,
Section 60, 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. 3/5
(Mayor Stoddard)
Suggested Action:
Attachments:
Resolution ballot question ratification#s.docx
DBR Ad.pdf
MH Ad.pdf
Agenda ttem No:1 o.
1
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
JOHANA OLIVA, who on oath says that he or she is the
LEG,AL CLERK, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday
Sund~y and Legal Holidays) newspaper, published at Miam;
in MiamI-Dade ~ounty, Florida; that the attached copy of
advertisement, being a Legal Advertisement of Notice in the ,
matlerof
NOTICE OF PUBLIC HEARINGS -CITY OF SOUTH MIAMI-
JUNE 19, 2018
in the XXXX Court,
was published in said newspaper in the issues of
06/0812018
, A~ant further says that the said Miami Daily BUSiness
ReView IS a newspaper published at Miami, in said Miami-Dad
e County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade
County, :'Orida each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
ma~er at the post Office in Miami in said Miami-Dade County,
Flon~a,. 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
person, firm or corporation any discount, rebate, commission
or ~efu~d. for the purpose of securing this advertisement for
publlcallon In the said newspape r.
. ~~
(SiAL) ~
JOHANA OLIVA personally known to me
!~:tF:~,;--.. 8ARB~RA THOMAS .
:.: ~.: Comral!5lon # GG 121111 \; -:;1 i.llpires November 2. 2021
". • S.ndedThru Troy Fain Insurance8OG-385-7019
CIT¥' OP 88Iint ,MIAMI
NOTICE OF PUIIiJC HIiARlMGs
~D'i1C.E·.~·';"'iJI~.t~1ti.'CJt.·&~_Q!f~:
~. Aorida will condl/Ct Publ/Q ~)i_lbifll#.Ulat .. _.
ml!llfng schedt.dad for TiI!Isday.. June 19. 2018, ~. 6i: .' "fil:1be
CIty CommlssIon CIumtbeIa, 8130 $unut.Qgve,.tn ~,1II,it.,,1!I'BJ.""~
A ResolutIon iutharIzIn9 the CIty ~!II' 11,) en1Bt info a ~
Intedocal AgI88lll\ll1t with MIamI Dade CountY far c:anaJ malidSIlBlice
for the Ludllim Glades arid Broad Canals far 811 amount not to
exceed $220,290 annually.
A ResoIutlDiI authorizing th!I City Manager to enter inID an !IPIe
.source lJIJI'IIIII11ent with SUPER1ON, u.c tIl$ ~ sole source
vendor far 1RAKlT Software Ucense and ~ for the ~ Of '.
$33,640.0D.AI..L.1nte!asIed parties BI8 invited to IIIIIInd ami will be.heI!rd.
A Resolution of the Cit¥ of South MiamI. Acrid&, ratifying the
conaclion to ResoIUIIon No. 107-18-15140 for 1he placing of a
qUBSliOll on II\e August 28. 2018, primary election ballot seeking
voter approval of 811 amendment to the CIty's CharIer, Article II.'
SectIon 6i>. Rlduclng voting faql1irante$ needed to amend land
use and daveIopmarit. ""uIaIIoniIln cartaiII COIIIIIIIIiaiIi lndusbial.
and m~aJ8asA88!"1Ite·So!.IIh MlSmI ~SW/On..
An ~I~ n!Ifded to the fI!;B ilChe4ute; amendirlg ~
07-111"8"10 lncreaa&aoInefees,1D'8dd 1'IIIWfeas..,utlfto derelesome
fees related to the tennis faa schedule at Dante Fascell Park.
For further InfoimaIIon, please contact the CIty OIeJI(s Office at
~ ....
MariaM;~·CMC . .. CiI¥ Qerk .-.'.
Pursuant to FIOrtda St.atutas 286.01os. the CiI¥ hBAIby advises the public
that If a peraan'decIdee to. appeal anydedsiOn I!IIId8 bY thf&BGald. ~
or.·,eommlsalon willi raspBGt to any matter conslifenld at ·iIs· meeting. or
hearing. he or she wDl need a RICIird of um prociI8dIilgS, and 1hat for spch
pwpose. aff8cted p8ISCm may need to ensuni that a verbidIm I8COId of the
proc;eecIlngB Is made which nICOId IRClutles the tes1Iinany and evidence
:,n which the appeal Is bbe based. _18-1~~~_:"l"'.
7
8SE I NEIGHBORS I SUNDAY JUNE 10 1018
MIAMIHERALD.(OM
CITY OF SOUTH MIAMI
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
C01l1mi~sion meeting scheduled for Tucsday, June 19. 201R, heginning
at 7:00 p.m .. in the City Commission Chambers, 6130 Sunset Drive. to
consider the following item(s):
A Resolution authorizing the City Manager to enter into a
multi-year interlocal Agreement with Miami Dade County for
canal maintenance for the Ludlam Glades and Broad Canals for
an amount not to exceed $220.290 annually.
A Resolution authorizing the City Manager to enter into an soh:
source agreement with SIiPERlON. LLe the current sole source
vendof for TRAKiT Software Lil:ense and Servkes. for the sum
of $33.640.00. ALL interested parties are invited to attend amI
will he heard.
A Resolution of the City of South Miami, Florida. ratifying the
correction to Resolution No. 107-1 H-15140 for the placing of a
qucstion on the August 28. 2018. primary election ballot seeking
voter approval of an amendment to the City's Chatter, Article ll.
Section 6D, redul"ing voting requirements needed to amend land
u~e and development regulations in cCl1aincommercial. industrial.
and mixed-use areas ncar the South Miami Metrorail Station.
An Ordinance related to the fee sl:hedule; amending Ordinanl:e
07 -18-2296 to ilKrease some fees. 10 add new fec~, and to delete
some fees I-elaled to the tennis fec schedule at Dante Fascell Park.
ALL iukre~tcd p:mies arc invited to atll'ud and will be heard.
For f1ll1her information. please contact the City Clerk's Orfice at:
305-663-6341 I.
Mm'ia M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public
thaI if a person decides to appeal any decision made by this Board, Agenl:Y
or Commission with respect to any matter considered at its meeting or
he:u'ing, he or she will nl'ed a reeord of the proceedings. and that for slleh
pUIl)()se, affected persoll may need to ensure that a verbatim record of the
proceedings is made which record il1l:Iulies the testimony and evidence
upon which the appeal is to be based.
Miami-Dade County Residential Home Sales Summary
Single Family Homes ~:r-;':,
Municipalities and Census-Oesignated Places· Q12017
Pel. OfOrig. Months
Name of Cuunty, Municipality, Closed YIY" Median Sale Y/Y" List Price Median lime Supply of
~oM~r~~~~;~~:~.dLe~c~.u~.'~r---------3~~;~~~~S---,~~~~~~'--.~~I~:'~~~; __ ~IS~~:~~~· ___ ~R=eC~~~i~~~~~IO~C~:~;I=~:=;~-2ln~y=en~';~i~
AYentura ICity) 4 -20.0% $868,150 -21.0% 89.6% 374Day5 12.0
Bal Harbour (Villagel 0 ·1000% INo Sales) N/A INo Sales) (No Sales) 40.0
Bay Harbor Islands (1 own) 2 100.0% $4,200,000 111 D% 81.6% 366 Days 8,0
8iscayne Park. (Village) 15 114.3% $475,000 11.3% 93.4% 121 Days 3.6
Brownsville (COP) 13 -14.8% $149,000 56.8% 94.0% 64 Days 1.1
Coral Gable!. (City) 96 -17.2% $8S9,07~ ·10.9% 91.5% 112 Days 4.9
Coral Terrace ICOP) 30 ·n.l" $302,925 ·20% 96.2% 91 Days 2'.0
Country Club (COP) 14 -22.2% $32Z.s00 ·4 9% 94.3% 56 Days 1.0
Country Walk ICOP) 28 ~39.1" $325,000 10.2% 95.2% 62 Days 0.9
Cutler Bay (1own) 107 -16.4" $287,000 12'.8% 95.3% 61 Days 1.2
Dotal (City) 47 270% $520,000 20.9% 91.4% 212 Days
£1 PorlallViliage) 11 571% $385,000 ·20% 91.5" 1]6 Days
fisher Island (COP) N/A INa Sales) N/A (No Sales) (No Sales)
Florida City (City) ·22.2% $135,000 16.4% 911% 110 Days
Fountainebleau (COP) 7 -58.8% $360,000 32.1% 92.1" 115 Days
Gladeview (COP) 15 ·6.3% $119.000 47.1% 9].1" 81 DaY'
Glenvar HClgnts (COP) 13 -18.8% $136,000 ·25% 91.5% 139 Days
Golden Beach (Town) 2 -33.3% $3,050,000 ·41.0% 71.8% 318 Days
Golden GladcslCDP) 35 ·23.9% $254,315 30.4% 95.5% 52' Days
Goulds (COP) 16 -38.5% $230,000 4.8% 95.8% 76 Days
!-lialeah (CiIY) 96 ·17.9% $275,000 11.2% 95.3% 59 Days
Hialeah Gardens {City} 8 ·50.0% $283,500 15.5% 96.1% 41 Days
Homestead (City) 100 '23.1% $217,000 14.9% 95.3% 16 Days
Indian Creck. (Village) 0 N/A INa Sales) N/A {No Sales} (No Sales)
Ives [slates (COP) 2" 412% $289,500 31.6% 96.8% 83 Days
(endale Lakes ICoP) A4 375% $347,000 1 !J% 95.0% 43 Days
KendaliICOP) 58 ·31.8% $495,000 3.1% 92.3% 911 Days
(endal! West (COP) n 0.0% $342,500 211.5% 95.6% 70 Days
"ey Biscayn .. (Village) ·66.7% $2,300,000 -46.5% 8t1.0% 182 Days
leisure City (COP) 26 -23.5% $177,500 30.5% 96.8% 51 Days
Medley (Townl 0 ·1000% (No Sales) N/A {No Sales) (NO Sales)
Miami ICity) 147 1.6% $345,000 15.0% 91.9% 86 Days
MiamI Oeac!'! (City) 56 1.8% $1,165,000 ·22.3% 82.1t" 192 Days
MiamI Gardens (City) ]48 ·34.5% $220,000 31.5% 97.1% 45 Days
MiamI lakes (Town) 35 2'.9" $435,000 -33% 95.0% 15 Days
MiamI Shores (Village) 48 50.0% $531,250 9.5% 90.8% 134 Days
MiamI Sprcn8S (City) 10 ·68.8% $340,000 ·62% 89.9% 57 Days
Naranja (COP) 10 ·9.1% $203,750 -52% 96.5% 70 Days
North BayVillagc (City) 1 -83.3% $550,000 2'.3% 91.7% 1(7 Days
North Mia"': (City) 63 ·100% $236,500 100% 94,5" 60 Days
North Mlam· Beach ICity) 32 -110.1% $210,500 79% 93.9% 56 Days
0ius (COP) 19 5.6" $535.000 ·18% 90.8" 129 Days
Olymp,a Ileights (COP) 21 0.0% $359,500 20.2% 93.8% 120 Days
Opa-Iocka (Clly) 13 18 2% $120,000 37.3% 99.0% 11 Days
Palm Springs Nonh (COP) 7 161% $355,000 31.5% 92.3% 39 Days
Palmetto Bay (Village) 70 186% $548,500 1.6% 92.8% 123 Days
Palmetto Estates (COP) 78 00% $240,000 6.1% 100.0% 51 Days
Pinccrest (Village) 49 167% $8tlO,OOO ·30.6% 89.7% 113 Days
Pinewood (COP) 12 ·52.0" $196,000 43.1% 984% 30 Days
Princeton (COP) 38 ·29.6% $237.000 8.2% 97.2% SO Days
Richmond Heights (CDP) 25 563% $220,000 18.9% 94.0% 36 Days
Richmond West (COP) 46 .41.0% $305,000 12.3% 93.8% 66 Days
South Miami (City) 19 ·321K $500,000 17.1% 93.3% 10 Days
South Miami l-leighls(COP) 116 9,5% $240,000 33.3% 96.1% 53 Days
Sunny Isles Beach (Chy) 2 -33.3" $2,192,500 37.0% 75.0% 751) Days
Sunset (CDP) 26 ·7.1% $01136,25024.6% 93.4% 550ay5
Surfside (lOW") 8 143% $732,500 17.:1% 89.3% 80 Days
Sweetwater (City) 0 -1000% (No Sales) N/A (No Sales) (No Sales)
Tamiami (COP) 43 ·23.2% $348,500 4.0% 96.4% 95 Days
The Crossings (COP) 26 ·21.7% $365,000 0.7% 94.3% 54 Days
The Ilammocks (COP) 52 ·24.6% $335,000 10.7% 94.6% 76 Days
Three lal(es (COP) 20 -9.1" $329,000 1.5% 96.4" 81 Days
University Park (COP) 15 0.0% $360,000 29.7% 95.2% 67 Days
Virginia Gardens (Village) 4 0.0% $334,950 ·10.9% 92.2% ]0 Days
West little I{iver ICoP) 30 ·]0.2% $190,000 58.3% 97.S" ]4 Days
Wesl Miami (City) 0.0% $302,500 ·11.8% 91.7% 28 Days
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