10Agenda Item No:10.
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 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. 3/5
(Mayor Stoddard)
Suggested Action:
Attachments:
Resolution ballot question ratification#s.docx
DBR Ad.pdf
MH Ad.pdf
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Page 1 of 5
RESOLUTION NO.___________1
2
A Resolution of the City of South Miami, Florida, ratifying thecorrection to 3
Resolution No. 107-18-15140 for the placing of aquestion on the August 28, 4
2018, primary election ballot seekingvoter approval of an amendment to the 5
City’s Charter, Article II,Section 6D, reducing voting requirements needed to 6
amend landuse and development regulationsincertain commercial, 7
industrial,and mixed-use areas near the South Miami Metrorail Station.8
9
WHEREAS,it is possible to selectively change voting requirements for a portion of the 10
Transit Oriented Development District, the Light Industrial District,and Hometown Overlay 11
District and not change the 5-of-5 voting requirement for all single family residential 12
neighborhoods in the City; and13
14
WHEREAS, businesses located in the Transit Oriented Development District, the Light 15
Industrial District,and Hometown Overlay District generate far more of the City’s revenuesthan 16
all of the single family residential neighborhoodscombined; and17
18
WHEREAS, the City Commissioners desire to have a ballot question submitted to the 19
electorate for a Charter amendment that will encouragepolicies to revitalize theCity’s20
Commercial Core (see Attachment A) located inthe Transit Oriented Development District, the 21
Light Industrial District and the Hometown Overlay Districts; and22
23
WHEREAS, theCity Commission has identified the City’s Transit Oriented Development 24
District, the Light Industrial District and the Hometown Overlay Districtsas the City’s Commercial 25
Core and set the boundaries (Attachment A)of the Commercial Core by Resolution 058-18-26
15091; and27
28
WHEREAS,the City Charter’s use of the phrase “less restrictive” in Article II, section 6D(1) 29
has proven to be confusing, ambiguous, and problematic for the City’s administration of its land 30
use and land development regulations as well as for residents and property owners within the 31
City.32
33
WHEREAS,the election department found that the words “land use/development 34
regulations”are treated by the election department as four word, whereas the word counting 35
program in MS Word program treats them as three words; and36
37
WHEREAS,the title to a ballot question is limited to 15 words and the election 38
department’sword count, based on itsinterpretation of the words “land use/development 39
regulations”,was 16 words; and40
41
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WHEREAS,City, with the advice of its City Attorney, corrected this scrivener’s error by 1
striking the word “all” in the ballot title to reduce the word count to 15 words.2
3
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY 4
OF SOUTH MIAMI,FLORIDA:5
6
Section 1.A question shall be placed on the ballot for the August, 2018 primary election7
to submit a ballot question to the qualified electors as set forth below. 8
9
Section 2.Notice of such election shall be published in accordance with the election laws. 10
11
Section 3. The result of such election shall be determined by a majority of the qualified 12
electors of the City of South Miami voting upon the referendum at the August, 2018 primary 13
election. All qualified electors of the City of South Miami shall be entitled to vote at said election. 14
The question shall appear on the ballot in substantially the followingform: 15
16
TITLE:Establishment of 4/5majority Commission voting requirements forland 17
use/development regulationsin certain areas.18
19
BALLOT QUESTION20
21
Shall Charter Article II, section 6.D.1. (requiring unanimous voting for someland use and 22
development regulations) be amended to enable the City Commission by 4/5 majority 23
vote to change land use and development regulations in certain commercial, industrial, 24
and mixed-use areas near the South Miami Metrorail Station, the “Commercial Core” as 25
further described in Resolution 058-18-15091.26
27
YES _____28
NO _____29
30
Section 4.The form of the ballot shall be in accordance with the requirements of general 31
election laws.32
33
Section 5.Early voting shall be conducted in accordance with the requirements of general 34
election laws.35
36
Section 6. Vote-by-mail ballot may be used by qualified electors of the City of South 37
Miami for voting on this question. The form of such absentee ballot shall be in accordance with 38
the requirements prescribed by general election laws.39
40
3
Page 3 of 5
Section 7. A sample ballot showing the manner in which the question or proposal 1
aforesaid will appear at this election shall be published and provided in accordance with the 2
applicable provisions of general election laws.3
4
Section 8. This election on the proposal aforesaid shall be held and conducted in 5
accordance with applicable provisions of the general laws relating to elections and the provisions 6
of the Miami-Dade County Home Rule Charter. The City Manager or the Manager’s designee, the 7
Finance Director, and the City Clerk are hereby authorized and directed to take all appropriate 8
actions necessary to carry into effect and accomplish the provisions of this resolution. In 9
addition, the City Clerk maymail a copy of this resolution to all of the persons who are registered 10
to vote in the election.11
12
Section 9. If the ballot question is answered in the affirmative by the requisite number 13
of voters, Subsection D of SECTION 6. titled “Ordinances” of Article II of the City Charter shall be 14
amended as follows:15
D. Voting Procedure. Voting shall be by roll call. The “yeas” and “nays” 16
shall be recorded individually in the minutes of each meeting.17
No Commission member shall be excused from voting as required by law. 18
1.Requirements for Adoption.All resolutions or ordinances shall be adopted 19
by no less than three affirmative votes of the City Commission.20
Except as otherwise provided in this Charter, four affirmative votes of the City 21
Commission shall be required in the following instances: 22
To issue bonds or borrow money23
To grant, renew or amend any lease or franchises24
To transfer title to property25
To appropriate or expend non-budgeted funds26
To approve an initiatory ordinance pursuant to Article V27
To amend land use and development regulations in any manner inthe 28
City’s Commercial Core which is defined as the area encompassed by the 29
following roadways: from the point of beginning at SW 62ndAvenue and 30
US1, then north on SW 62nd Avenue to SW 69th Street, then east to SW 31
59th Place, then north to SW 68th Street, then east to SW 57th Avenue,32
thensouth to SW 74th Street, then west to SW 61st Avenue, then west 33
to US1, then southwest on US1 to the point of beginning. 34
Except as otherwise provided in this cCharter, five affirmative votes of the 35
cCity cCommission shall be required to approve the actions indicated below:36
4
Page 4 of 5
To amend land use and development regulations in any manner to make 1
them less restrictive in all areas of the City, other than in the City’s 2
Commercial Core, as defined above.3
To issue bonds or borrow money in excess of five percent of the cCity’s 4
current operating budget.5
6
Section 10. Severability:If any section clause, sentence, or phrase of this resolution is for 7
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 8
not affect the validity of the remaining portions of this resolution.9
10
Section 11. Effective Date: This resolution shall become effective immediately upon 11
adoption by vote of the City Commission and, if approved by the electorate, theamendment to the 12
City Charter shall become effective ten (10) days following the date of the election held for its 13
approval. Upon adoption of this resolution,this resolution shall ratifythe correction toResolution 14
107-18-15140 as submitted to the elections department.15
16
PASSED AND ADOPTED this ____ day of _____________, 2018.17
18
ATTEST:APPROVED:19
20
21
________________________________________________22
CITY CLERK MAYOR23
24
READ AND APPROVED AS TO FORM:COMMISSION VOTE:25
LANGUAGE, LEGALITY AND Mayor Stoddard:26
EXECUTION THEREOF Vice Mayor: Harris27
Commissioner Gil:28
Commissioner Liebman:29
________________________Commissioner Welsh:30
CITY ATTORNEY 31
32
33
34
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Page 5 of 5
1
ATTACHMENT A2
3
6
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 f/k1a Miami Review, a daily (except Saturday,
~unday and Legal Holidays) newspaper, published at Miami
In M\~m\-Dade County, Florida; that the attached copy of
advertisement, being a Legal Advertisement of Notice in the
matter of
NOTICE OF PUBLIC HEARINGS -CITY OF SOUTH MIAMI _
JUNE 19, 2018
in the XXXX Court,
was published in said newspaper in the issues of
06/08/2018
. 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, Florida 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,
Flonda, 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 refund for the purpose of securing this advertisement for
publication in the said newspaper.
8~~a9
(Sl.L) ~
JOHANA OLIVA personally known to me
.. ~;-;E:~··.. BARBARA THOMAS f.r~·'~:~ Commi!Sion # GG 121171
'~~~-s'i t:xpires November 2, 2021 ···.f.i:"(.~~S .... • Shooed ThRi Troy Fain Insurance 800-385-7019
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
'NOi1~E ISHEAEBY glvfl1lfflat.1heOityComm~Qii Of 1h8~~;~~
Miami, Aorida will conduct Public H81U!ngfsl_ ~reguJar Oity COlrtro~n
meeting scheduled for Tuesday, June 19, 2018, b.eglniiiilg lit 7:()Q p.m., lntbe
City Commission Chambers, 6130 SunsetDliv~~fgfI~.~
A Resolution authorizing 1I)e City MllflS;!JeI' to enter Into a mu\ti-year
Inte!locaJ Agreement wit!) 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 sole
source agreement with SUPERlON, LLC the current sole source
vendor for TRAKiT Software Ucense and Services, for the sum of
$33,640.00.ALL interested parties are invited to attend and wDI beh8llld.
A Resolution of the City of South Miami, Aorida, ratifying the
correction to Resolution No_ 107-18-15140 for the placing of a
question on tOe August 28, 2018, primary election ballot seeking
voter approval of an amendment to the City's Charter, Article II,'
SectIon 60, reducing voting requiremen1s needed to amend land
use and development regulations In certain commercial; industrial,
and mlxed-ijS8 areas near1l1e South Miami Metrorall8t!ltlon.
An Ordinance r'8Iatec1 to the fe,e schedule; amending Ordinance
07 -t&o2296 to InCl1!8Se' some fees, toadel newfees,. adtI'to defete some
fees related to the tennis fee schedule at Dante FasceIl Park.
For further infonnation, please contact the City Clerk's Office at
305-663-6340. . .
Maria M. M8fieiIdeZ, CMC . . City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public
that if a person decides to appea\ any decision made by thiS Board, AlJency
or Commission with respect to any matter considered atils meeting or
hearing, he or she will need a record of .the proceedings, and that for SIIch
purpose, affected petson may need to ensuni that a verbatim record of 1I1e
proc;eedings is made which record Includes tile testlinony and evidence
upon which the appeal is to be based_ ''J'
6/8 __ 18-1~ooOO324931M '.
7
8SE SUNDAY JUNE 10 2018NEIGHBORSMIAMIHERALD.COM
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICEISHEREBY given that the City Commission of the City of
South Miami,Floridawill conduct PublicHearing(s)at its regular City
Commission meeting scheduled for Tuesday,June 19,2018,beginning
at 7:00 p.m.,in the City Commission Chambers,6130 SunsetDrive,to
considerthe following item(s):
AResolution authorizing the City Manager to enter into a
multi-year Interlocal Agreement with Miami Dade County for
canal maintenance for the Ludlam Glades and BroadCanals for
an amount not to exceed$220,290 annually.
AResolution authorizingthe CityManager to enter into an sole
source agreement withSUPERION,LLC the current sole source
vendor for TRAKiT Software License and Services,for the sum
of $33,640.00.ALL interestedparties are invited to attend and
will be heard.
AResolution of the City of South Miami,Florida,ratifying the
correctiontoResolution No.107-18-15140 for the placing of a
question on the August 28,2018,primary election ballot seeking
voter approval of an amendment to the City’s Charter,ArticleII,
Section 6D,reducing voting requirements needed to amend land
use and development regulationsincertain commercial,industrial,
and mixed-use areas near the South Miami Metrorail Station.
An Ordinance relatedtothe fee schedule;amending Ordinance
07-18-2296toincrease some fees,to add new fees,and to delete
somefees related to the tennis fee schedule at Dante FascellPark.
ALLinterested parties are invited to attend and will be heard.
For further information,please contactthe City Clerk’s Office at:
305-663-6340.
Maria M.Menendez,CMC
City Clerk
Pursuant to Florida Statutes 286.0105,the Cityhereby advises the public
that if aperson decides to appeal any decision madebythis Board,Agency
or Commission with respect to any matter considered at its meeting or
hearing,he or she will need arecord of the proceedings,and that for such
purpose,affected person may needtoensure that averbatimrecord of the
proceedings is made which record includes the testimony and evidence
upon which the appeal is to be based.
Miami"Dade County Residential HomeSalesSummary
Single Family Homes
Name of County,Municipality,
or CDP*
Closed
Sales
Y/Y %
Chg.
Median Sale
Price
Y/Y %
Chg.
Pct.Of Orig.
List Price
Received
Median Time
to Contract
Months
Supply of
Inventory
Miami$Dade County 3,014 1.5%$318,375 15.8%95.0%58 Days 5.8
Aventura (City)4 #20.0%$868,750 #21.0%89.6%374 Days 12.0
Bal Harbour (Village)0 #100.0%(No Sales)N/A (No Sales)(No Sales)40.0
Bay Harbor Islands (Town)2100.0%$4,200,000 171.0%87.6%366 Days 8.0
Biscayne Park (Village)15 114.3%$475,000 17.3%93.4%121 Days 3.6
Brownsville (CDP)23 #14.8%$149,000 56.8%94.0%64 Days 1.1
Coral Gables (City)96 #17.2%$859,075 #10.9%91.5%122 Days 4.9
Coral Terrace (CDP)30 #21.1%$302,925 #2.0%96.2%91 Days 2.0
Country Club (CDP)14 #22.2%$322,500 #4.9%94.3%56 Days 1.0
Country Walk (CDP)28 #39.1%$325,000 10.2%95.2%62 Days 0.9
Cutler Bay (Town)107 #16.4%$287,000 12.8%95.3%61 Days 1.2
Doral (City)47 27.0%$520,000 20.9%91.4%212 Days 12.5
El Portal (Village)11 57.1%$385,000 #2.0%91.5%126 Days 1.7
Fisher Island (CDP)0N/A (No Sales)N/A (No Sales)(No Sales)0.0
FloridaCity (City)7 #22.2%$135,000 16.4%91.1%110 Days 0.7
Fountainebleau (CDP)7 #58.8%$360,000 32.1%92.1%115 Days 9.3
Gladeview (CDP)15 #6.3%$119,000 47.1%91.1%81 Days 1.0
Glenvar Heights (CDP)13 #18.8%$736,000 #2.5%91.5%139 Days 5.0
Golden Beach (Town)2 #33.3%$3,050,000 #47.0%71.8%378 Days 50.0
Golden Glades (CDP)35 #23.9%$254,375 30.4%95.5%52 Days 1.9
Goulds (CDP)16 #38.5%$230,000 4.8%95.8%76 Days 1.6
Hialeah (City)96 #17.9%$275,000 12.2%95.3%59 Days 1.4
Hialeah Gardens (City)8 #50.0%$283,500 15.5%96.1%41 Days 1.7
Homestead (City)100 #23.7%$227,000 14.9%95.3%76 Days 1.3
Indian Creek (Village)0N/A (No Sales)N/A (No Sales)(No Sales)0.0
Ives Estates (CDP)24 41.2%$289,500 31.6%96.8%83 Days 2.8
Kendale Lakes (CDP)44 37.5%$347,000 1.5%95.0%43 Days 1.4
Kendall (CDP)58 #31.8%$495,000 3.1%92.3%94 Days 2.5
Kendall West (CDP)22 0.0%$342,500 24.5%95.6%70 Days 1.3
Key Biscayne (Village)3 #66.7%$2,300,000 #46.5%84.0%182 Days 31.7
Leisure City (CDP)26 #23.5%$177,500 30.5%96.8%57 Days 1.5
Medley (Town)0 #100.0%(No Sales)N/A (No Sales)(No Sales)0.0
Miami (City)247 1.6%$345,000 15.0%91.9%86 Days 3.7
Miami Beach (City)56 1.8%$1,165,000 #22.3%82.4%192 Days 17.3
Miami Gardens (City)148 #34.5%$220,000 32.5%97.1%45 Days 0.8
Miami Lakes (Town)35 2.9%$435,000 #3.3%95.0%75 Days 2.9
Miami Shores (Village)48 50.0%$531,250 9.5%90.8%134 Days 2.7
Miami Springs (City)10 #68.8%$340,000 #6.2%89.9%57 Days 2.9
Naranja (CDP)10 #9.1%$203,750 #5.2%96.5%70 Days 1.3
North Bay Village (City)1 #83.3%$550,000 2.3%91.7%147 Days 9.6
North Miami (City)63 #10.0%$236,500 10.0%94.5%60 Days 3.2
North Miami Beach (City)32 #40.7%$210,500 7.9%93.9%56 Days 2.6
Ojus (CDP)19 5.6%$535,000 #1.8%90.8%129 Days 8.7
Olympia Heights (CDP)21 0.0%$359,500 20.2%93.8%120 Days 1.2
Opa#locka (City)13 18.2%$120,000 37.3%99.0%11 Days 1.5
Palm Springs North (CDP)716.7%$355,000 31.5%92.3%39 Days 1.3
Palmetto Bay (Village)70 18.6%$548,500 1.6%92.8%123 Days 2.3
Palmetto Estates (CDP)28 0.0%$240,000 6.7%100.0%51 Days 0.2
Pinecrest (Village)49 16.7%$840,000 #30.6%89.7%173 Days 6.2
Pinewood (CDP)12 #52.0%$196,000 43.1%98.4%30 Days 0.7
Princeton (CDP)38 #29.6%$237,000 8.2%97.2%50 Days 1.6
Richmond Heights (CDP)25 56.3%$220,000 18.9%94.0%36 Days 1.0
Richmond West (CDP)46 #41.0%$305,000 12.3%93.8%66 Days 1.1
South Miami (City)19 #32.1%$500,000 17.7%93.3%70 Days 5.1
South Miami Heights (CDP)46 9.5%$240,000 33.3%96.1%53 Days 0.9
Sunny Isles Beach (City)2 #33.3%$2,192,500 37.0%75.0%750 Days 48.0
Sunset (CDP)26 #7.1%$436,250 24.6%93.4%55 Days 1.9
Surfside (Town)814.3%$732,500 17.2%89.3%80 Days 6.3
Sweetwater (City)0 #100.0%(No Sales)N/A (No Sales)(No Sales)1.7
Tamiami (CDP)43 #23.2%$348,500 4.0%96.4%95 Days 1.7
The Crossings (CDP)26 #21.2%$365,000 0.7%94.3%54 Days 1.3
The Hammocks (CDP)52 #24.6%$335,000 10.7%94.6%76 Days 1.5
Three Lakes (CDP)20 #9.1%$329,000 1.5%96.4%87 Days 1.2
University Park (CDP)15 0.0%$360,000 29.2%95.2%67 Days 1.9
Virginia Gardens (Village)40.0%$334,950 #10.9%92.2%30 Days 1.2
West Little River (CDP)30 #30.2%$190,000 58.3%97.5%34 Days 2.0
West Miami (City)70.0%$302,500 #11.8%91.7%28 Days 0.7
*Florida municipalities consist of incorporated cities,towns,and villages.Florida law makes no distinction between these three types.CDPs are unincorporated communities
identified and delineated each decennial U.S.Census for statistical purposes only (so their boundaries have no political meaning).Boundaries used for this report are as of
Municipalities and Census"Designated Places*Q1 2017
Data released on Monday,May 15,2017.Data revised on Monday,January 16,2017.Next quarterly data release is Wednesday,August 9,2017.
identified and delineated each decennial U.S.Census for statistical purposes only (so their boundaries have no political meaning).Boundaries used for this report are as of
Jan.1,2015.
Produced by Florida REALTORS®with data provided by Florida's multiple listing services.Statistics for each month compiled from MLS feeds on the 15th day of the following
month.
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