15Agenda Item No:15.
City Commission Agenda Item Report
Meeting Date: June 5, 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, 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.
3/5
(Mayor Stoddard)
Suggested Action:
Attachments:
Resolution ballot question revisionCArevCompared.docx
Miami Herald Advertisement.pdf
MDBR Advertisement.pdf
937
RESOLUTION NO. _________________1
2
A Resolution of the City of South Miami, Florida, amending Resolution No. 3
094-18-15127, and placing a question on the August 28, 2018, primary 4
election ballot seeking voter approval of an amendment to the City’s Charter, 5
Article II, Section 6D, reducing voting requirements needed to amendland 6
use and development regulations in certain commercial, industrial, and 7
mixed-use areas near the South Miami Metrorail Station.8
9
10
WHEREAS,it is possible to selectively change voting requirements for a portion of the 11
Transit Oriented Development District, the Light Industrial District,and Hometown Overlay 12
District and not change the 5-of-5 voting requirement for all single family residential 13
neighborhoods in the City; and14
15
WHEREAS, businesses located in the Transit Oriented Development District, the Light 16
Industrial District,and Hometown Overlay District generate far more of the City’s revenuesthan 17
all of the single family residential neighborhoodscombined; and18
19
WHEREAS, the City Commissioners desire to have a ballot question submitted to the 20
electorate for a Charter amendment that will encouragepolicies to revitalize theCity’s21
Commercial Core (see Attachment A) located inthe Transit Oriented Development District, the 22
Light Industrial District and the Hometown Overlay Districts.23
24
WHEREAS, theCity Commission has identified the City’s Transit Oriented Development 25
District, the Light Industrial District and the Hometown Overlay Districtsas the City’s Commercial 26
Core and set the boundaries (Attachment A)of the Commercial Core by Resolution 058-18-27
15091.28
29
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY 30
OF SOUTH MIAMI, FLORIDA:31
32
Section 1.A question shall be placed on the ballot for the August, 2018 primary election33
to submit a ballot question to the qualified electors as set forth below. 34
35
Section 2.Notice of such election shall be published in accordance with the election laws. 36
37
Section 3. The result of such election shall be determined by a majority of the qualified 38
electors of the City of South Miami voting upon the referendum at the August, 2018 primary 39
election. All qualified electors of the City of South Miami shall be entitled to vote at said election. 40
The question shall appear on the ballot in substantially the followingform: 41
42
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Page 2 of 5
1
TITLE:Establishment of 4/5majority Commission voting requirements for all land 2
use/development regulationsin certain areas.3
4
BALLOT QUESTION5
6
Shall Charter Article II, section 6.D.1. (requiring unanimous voting for someland use and 7
development regulations) be amended to enable the City Commission by 4/5 majority 8
vote to change land use and development regulations in certain commercial, industrial, 9
and mixed-use areas near the South Miami Metrorail Station, the “Commercial Core” as 10
further described in Resolution 058-18-15091.11
12
YES _____13
NO _____14
15
Section 4.The form of the ballot shall be in accordance with the requirements of general 16
election laws.17
18
Section 5.Early voting shall be conducted in accordance with the requirements of general 19
election laws.20
21
Section 6. Vote-by-mail ballot may be used by qualified electors of the City of South 22
Miami for voting on this question. The form of such absentee ballot shall be in accordance with 23
the requirements prescribed by general election laws.24
25
Section 7. A sample ballot showing the manner in which the question or proposal 26
aforesaid will appear at this election shall be published and provided in accordance with the 27
applicable provisions of general election laws.28
29
Section 8. This election on the proposal aforesaid shall be held and conducted in 30
accordance with applicable provisions of the general laws relating to elections and the provisions 31
of the Miami-Dade County Home Rule Charter. The City Manager or the Manager’s designee, the 32
Finance Director, and the City Clerk are hereby authorized and directed to take all appropriate 33
actions necessary to carry into effect and accomplish the provisions of this resolution. In 34
addition, the City Clerk maymail a copy of this resolution to all of the persons who are registered 35
to vote in the election.36
37
Section 9. If the ballot question is answered in the affirmative by the requisite number 38
of voters, Subsection D of SECTION 6. titled “Ordinances” of Article II of the City Charter shall be 39
amended as follows:40
939
Page 3 of 5
D. Voting Procedure. Voting shall be by roll call. The “yeas” and “nays” 1
shall be recorded individually in the minutes of each meeting.2
No Commission member shall be excused from voting as required by law. 3
1.Requirements for Adoption. All resolutions or ordinances shall be adopted 4
by no less than three affirmative votes of the City Commission.5
Except as otherwise provided in this Charter, four affirmative votes of the City 6
Commission shall be required in the following instances: 7
To issue bonds or borrow money8
To grant, renew or amend any lease or franchises9
To transfer title to property10
To appropriate or expend non-budgeted funds11
To approve an initiatory ordinance pursuant to Article V12
To amend land use and development regulations in any manner inthe 13
City’s Commercial Core which is defined as the area encompassed by the 14
following roadways: from the point of beginning at SW 62ndAvenue and 15
US1, then north on SW 62nd Avenue to SW 69th Street, then east to SW 16
59th Place, then north to SW 68th Street, then east to SW 57th Avenue,17
thensouth to SW 74th Street, then west to SW 61st Avenue, then west 18
to US1, then southwest on US1 to the point of beginning. 19
Except as otherwise provided in this cCharter, five affirmative votes of the 20
cCity cCommission shall be required to approve the actions indicated below:21
To amend land use and development regulations in any manner to make 22
them less restrictive in all areas of the City, other than in the City’s 23
Commercial Core, as defined above.24
To issue bonds or borrow money in excess of five percent of the cCity’s 25
current operating budget.26
27
Section 10. Severability:If any section clause, sentence, or phrase of this resolution is for 28
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 29
not affect the validity of the remaining portions of this resolution.30
31
Section 11. Effective Date: This resolution shall become effective immediately upon 32
adoption by vote of the City Commission and, if approved by the electorate, theamendment to the 33
City Charter shall become effective ten (10) days following the date of the election held for its 34
approval, when effective, this resolution shall supersede Resolution 094-18-15127.35
36
940
Page 4 of 5
PASSED AND ADOPTED this ____ day of _____________, 2018.1
2
ATTEST:APPROVED:3
4
5
________________________________________________6
CITY CLERK MAYOR7
8
READ AND APPROVED AS TO FORM:COMMISSION VOTE:9
LANGUAGE, LEGALITY AND Mayor Stoddard:10
EXECUTION THEREOF Vice Mayor: Harris11
Commissioner Gil:12
Commissioner Liebman:13
________________________Commissioner Welsh:14
CITY ATTORNEY 15
16
17
18
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Page 5 of 5
1
ATTACHMENT A2
3
942
SUNDAY MAY272018 NEIGHBORS 21SE
MIAMIHERALD.COM
CITYOFSOUTH MIAMI
COURTESY NOTICE
NOTICEISHEREBY given that the City Commission of the
City of South Miami,Florida will conduct Public Hearing(s)at its
regular City Commissionmeeting scheduled for Tuesday,June 5,
2018,beginning at 7:00 p.m.,in the City Commission Chambers,
6130 Sunset Drive,to consider the following item(s):
AResolution authorizing the City Manager to enter into a
multi-year Interlocal Agreement with Miami Dade Countyfor
canal maintenance for the Ludlam Glades and Broad Canals
for an amount not to exceed $220,290 annually.
AResolutionauthorizing the City Manager to enter into a
multi-yearcontract for citywide SIP phone servicewith
Windstream for atotaltermnot to exceedthree(3)consecutive
years.
AResolution of the City of South Miami,Florida,amending
Resolution No.094-18-15127,and placing aquestion 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 regulations in certain commercial,
industrial,and mixed-use areas near the South Miami
Metrorail Station.
AResolution authorizing the City Manager to enter into
multi-year contracts for emergency debris removal and
disposal services for total term not to exceed five (5)
consecutive years.
ALL interested 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 City hereby 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 theproceedings,
and that for such purpose,affected personmay need to ensure that a
verbatim record of the proceedingsismade which record includes the
testimony and evidence upon which the appeal is to be based.
Free.786-650-2073or
www.seminoletheatre.org.
ReggaeFestival:Family-
friendly reggae and soca
festival includes perform-
ances by Kingston dance-
hall superstars Mavado,
Aidonia and Konshens,
plus Ghost,Ding Dong,
Masicka,Capleton and
others;
2p.m.,Bayfront Park
Amphitheatrer,301 Bis-
cayne Blvd.,Miami.$45-
$135;kids under 12 free
with adult.www.bestofthe
bestconcert.com.
Monday,May28
Sgt.LaDavid T.Johnson
Memorial DayBreakfast:
The city of Miami Gar-
dens is hosting afree
breakfast from 9-11 a.m.
at the 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 in Niger in
an ambush last October.
RSVP required.Go to
memorialdayinthegardens
2018.eventbrite.com or
call 305-914-9070.
Miami Shores Memorial
Dayceremony:Michael
Shepherd,aWest Point
grad who served as a
cavalry squadron platoon
leader in Afghanistan,will
speak at the Miami Shores
Memorial Day ceremony
at 9a.m.Shepherd,an
Eagle Scout who grew up
in the village,will pay
tribute to LaDavid John-
son,the Army sergeant
from Miami Gardens
killed in an ambush in
Niger.The ceremony is at
Memorial Park,Northeast
94th Street and Second
Avenue.Free.
Coral Gables Memorial
Dayceremony:9a.m.,
War Memorial Youth
Center,405University
Dr.,Coral Gables.Free.
305-460-5600.
Historic Miami Cemetery
Memorial Daytour:Pay
tribute to the dozens of
hometown soldiers who
were killed in action and
one merchant marine who
died when his ship,“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.
RememberingOur 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,
acolor guard parade and
special remarks by Maj.
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 of colors,
Scout troops and special
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 off at the
Davie Fire administration
building,6905 Orange
Dr.,and ends at the Ber-
geron Rodeo Grounds,
4271 Davie Rd.The cere-
mony after the parade
begins at 11 a.m.in the
Rodeo Arena.Free.954-
778-0599 or
https://smcc.us/
City of Hialeah Memorial
DayCeremony:10 a.m.,
Triangle Park at Palm
Avenue and Okeechobee
Road.Free.305 -883-
5820.
Miami Beach Police De-
partment’sMemorial
Dayceremony:3:15 p.m.,
MBPD Headquarters,
1100 Washington Ave.,
Miami Beach.Free.305 -
673-7901.
PembrokePines Memo-
rial Dayceremony:In-
cludes apresentation of
colors,guest speakers and
awreath-placing;9a.m.,
Fletcher Park,7900 John-
son St.,Pembroke Pines.
Free.954-392-2116 or
http://www.ppines.com/
325/Special-Events.
SunriseMemorial Day
service:The ceremony
includes awreath-placing,
speakers,music,light
refreshments and the
presentation of colors;9
a.m.,Sunrise Civic Center
Amphitheater,10610
West Oakland Park Blvd.,
Sunrise.Free.954-74 6-
3670orhttps://bit.ly/
2IHMz2S.
Plantation Memorial Day
ceremony:9:30 a.m.,
Plantation Veterans Me-
morial Park,17 76 Lauder-
dale West Dr.,Plantation.
Free.https://www.face
book.com/events/
18552 7385421965/.
PA MM Memorial Day
BBQ:Held on the water-
front terrace.Catch alive
performance by garage
rock band SunGhosts,plus
food and refreshments for
sale,art-making with
PAMM teaching artists,
and aspecial appearance
by Coast Guard Air Sta-
tion Miami;1p.m.,Pérez
Art Museum,1103 Bis-
cayne Blvd.,Miami.$16.
http://pamm.org/
memorialday18?mc_cid
=9ab8631584 &mc_eid=
8ddf2a46dd.
FROM PAGE 14 SE
HOLIDAY
943
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
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review flkla Miami Review, a daily (except Saturday,
Sunday and Legal Holidays) newspaper, published at Miami
in Miami·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 5,2018
in the XXXX Court,
was published in said newspaper in the issues of
05/2512018
Affiant 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 seid 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
person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for
publication in the seid newspaper.
JOHANA OLIVA personally known to me
.... ~i.~ BARBARA THOMAS f.'f'''/Ji'\"l Comlllission # GG 121171 '1Q{"i I:ltpires November 2, 2021 '"4.p.f..~~ B,Aded TIuu Troy Fain Inswance 800-385-7019
CITY OF SOUTH MIAMI
~~OncE~'OF1IiJiqJlf1f"'IIl.--
NOTICE IS HERE8.Y given1!I8Ulie Ci1J CiIm~n of 1fIe. enr· of Souttl ~.
F1or1C1a will oondLict PooRe Hearing(s) at its regular City Commission meeting
acheciIuled for Tuesday, June S. 20111; beginning at' 7l0.D p.m.. io U1e. CIty
Commission Chambers. 6130 Sunset Drive, to collSldettbefolIOWlngb.ern{s):
A ResoIutlonau1hG~11J the City .. ~ tQ enter Int(I a muJtf-Year
Inte/Ioc;aI Agreement wi1h Miami Dade CoUJdy for canal miIi!\tljnal\Ce for
theLudr.tn Gladu and Broad Can. for anamGunt.rtE/f to·8XG8(Id
$220.2SQ anmually.
A Rtsolution .au1h~ng 1he Gi\Y Manager to em. Into a !ftU~
. COI\1JaCI: for·Qitywide SIP phon!! service with WInds1ream for a total
tenn not to exceed three (3) consewtIve years. .
A ResolUtion of 1he City of Sou1h MIainJ. FlorIda, amending Resolution
.No, ~18·15121. and plaalnga questiqn on1heAu;.ust 28, l!O:t8,
primary election ballot seekIitg .vo1er approval of an amendment t(J 1he
Clty's Charter. ArtIcle II. Section 6D, reducing I{9ting regu.irements
Reedl!d1O amend JamI·useand develQPlTlenl reguietionsiR ~
conimerelal. Jnduatriet. and mlx8d-use __ IlIIIU'the South· M~i
.MetnQII ~n;
A Resolution au1horizIng the City Manager to enter Into muJti..year
~ foI: ~cr debli$ ramel/aI'and ~ 1S8IYi. for
totIiI term not to 8XCeJd1ive (5) c:otiHCLi1Ive yellllf. •
AIl.lntereSted.par:Ii~~itMted;tQ·.~·I\1d.VllUbe-heatd,
_~~a1!on.~~~·~th.~~J!Y!!",!:Qffl~~. =~,
Maria M. Menendez, CMC
. CltyCterk
Pursuant to Florida Statutes 286.0105,. the CIty heJeby adii1ses the public
1hat if is person decides to I!PpeaI any decision made by. ,Iii$' ~ ~
or Commission wi1h respeCt to any matter consldeRldat ffs meeting or
hearirtg.he or she WIll ABed·"l'efOfU Dltl\e 1I~1np, 8Rtil1hfit. fGr -.
PUrpae..atfBcled .penlGR·I11Il)l'1'HI8d tf).8J1$D8 thal'uerbdm ~. efi 1ll8
ProCeecnrtP ·Is made WbiGlr:JaQORJ ·fmlIud6llUle teatInionY IiI'Ii!f evIcIenCe
upB'II wtlieb theappealls tGblrbaslld, . . ... . .
~5____ ~ _ _ __ __ _ _______ 18-8610000321568M
944