Res No 086-20-15526RESOLUTION NO.086-20-15526
A Resolution of the Mayor and City Commission for the City of South Miami,
Florida, placing a question on the ballot for the Tuesday, November % 2020"
national elections, to amend the City Charter, Article II, SECTION 6, subsection
D Voting Procedure, to reduce the number of votes necessary to make land use
and development regulations less restrictive, throughout the City, from 5 to 4
votes.
WHEREAS, currently the City Charter requires five out of five votes to make land use
and development regulations less restrictive in all areas of the City other than in the City's
Commercial Core; and
WHEREAS, due to the current Charter voting requirements that requires five out of five
votes to change land use and development regulations to make them less restrictive, a super
majority of the City Commission (4 out of 5), representing a super majority of the electorate, could
be blocked by one member of the City Commission; and
WHEREAS, a simple majority of three out of five City Commission members can enact
a land use or development regulation that is more restrictive, but once the change has occurred,
the current Charter would require five votes to make that legislation less restrictive in those areas
other than the Commercial Core; and
WHEREAS, the City Commission desires to have a ballot question to amend the City
Charter, Article II, SECTION 6, subsection D Voting Procedure, to determine whether a majority
of the electorate desires to reduce the number of votes of the City Commission, when making land
use and development regulations less restrictive, throughout the entire City, from five votes to four
votes.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH NIIAMI, FLORIDA:
Section 1. A question shall be placed on the ballot for the Tuesday, November 3, 2020
election to submit 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 proposal at the November 3, 2020 national
general elections. 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:
Page 1 of 4
Resolution No. 086-20-15526
Title: Referendum amending Article 11, SECTION 6 D of the City of South Miami Charter.
BALLOT QUESTION:
Should Article II, Section 6 D of the City Charter be amended to change voting
requirements to make land use and development regulations less restrictive Citywide from
a unanimous 5 out of 5 to a supermajority of 4 out of 5 votes.
YES
NO
Ballot Summary: The intent of this charter amendment is to change the number of votes
necessary to make land use and development regulations less restrictive Citywide.
Currently the Charter requires 5 votes, other than for City's Commercial Core where such
a change only requires 4 votes.
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 for used by qualified electors of the City of South Miami
and 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 way 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 or the 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.
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(the underlined text will be added to the existing Charter and the text with a
line striking through the text will be deleted from the existing Charter):
D. Voting Procedure. Voting shall be by roll call. The "yeas" and "nays" shall be
recorded individually in the minutes of each meeting.
Page 2 of 4
Resolution No. 086-20-15526
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. (Amended
2/8/00).
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 that make them less
restrictive .
Aveime, staFfing at US! inegh e.—
Avef me
Except as otherwise provided in this charter, five affirmative votes of the sCity
eCommission shall be are required to approve the actions indicated below:
dwm less r-esWelive unless a lesser- veft is allewed above fer- a spesifie
To issue bonds or borrow money in excess of five percent of the eCity's
current operating budget.
Section 10. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 11. 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 12. 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.
Page 3 of 4
Resolution No. 086-20-15526
PASSED AND ADOPTED this 2151 day of July. 2020.
ATTEST:
�'`p�
CITY e LERK
LANGUAGE, LEGALITY AND
EXECUTION THEREOF,
Page 4 of 4
APPROVED:
MAYOR ,.
COMMISSION VOTE: 3-2
Mayor Philips:
Yea
Vice Mayor Welsh:
Nay
Commissioner Hams:
Nay
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Agenda Item No:6.
City Commission Agenda Item Report
Meeting Date: July 21, 2020
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section:
Subject:
A Resolution of the Mayor and City Commission for the City of South Miami, Florida, placing a question on the
ballot for the Tuesday, November 3, 2020, national elections, to amend the City Charter, Article 11, SECTION 6,
subsection D Voting Procedure, to reduce the number of votes necessary to make land use and development
regulations less restrictive, throughout the City, from 5 to 4 votes. 3/5 (Commissioner Liebman)
Suggested Action:
Attachments:
Reso= _Ballot_Question4vs5forLessRestrictiveCitywide2020j1.docx
MDBR Ad.pdf
Miami Herald Ad.pdf
MIAMI DAILY BUSINESS REVIEW
Pumishee Daily except SaW,day Sunday amd
Legal Holidays
Miami. Karr -0.de Courtly. Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS. Legal Notices of the Miami Daily
Business Review f/k/a Miami Review, a daily (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Miami -Dade County, Florida; that the
attached ropy of advertisement. being a Legal Advertisement
of Notice in the matter of
CITY OF SOUTH MIAMI - VIRTUAL MEETING OF THE CITY
COMMISSION - JUL. 21. 2020
in the XXXX Court.
was published in said newspaper in the issues of
07/10/2020
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CITY OF SOUTH MIAMI, FLORIDA
NOTICE TO THE PUBLIC OF THE VIRTUAL
MEETING OF THE CITY COMMISSION
In accordance with City of South Miami Code, Chapter 286.011, Fla. Stat, and
Executive Order Number 20-69, the City will be holding its City Commission
Meeting VIRTUALLY. The meeting is Scheduled to begin on Tuesday, JuIy21,
2020 at 7-Mia.m_ to consider the following public hearing items:
A Resolution relating to a Variance application to reduce the RS zoning
district spacing requirement for a Pharmacy located at 642D SW 62 Avenue.
Athant further says that the said Miami Daily Business A Resolution relating to a Variance application to reduce the elementary,
Review is a newspaper published at Miami, in said Miami -Dade middle or secondary school spacing requirement for a Pharmacy located
County. Florida and that the said newspaper has herelofore at 6420 SW 62 Avenue.
been continuously published in Said Miami -Dade County. Florida A Resolution relating to a Variance application to allow a drive-in/drive-
each day (except Saturday. Sunday and Legal Holidays) and through for a Pharmacy located at 6420 SW 62 Avenue.
has been entered as second class mail matter at the post
oKax in Miami in said Miami -Dade County. Florida. for a period A Resolution relating to a Special Use application to permit a Pharmacy
of one year next preceding the first publication of the attached at 6420 SW 62 Avenue.
copy of advertisement: And arrant further says that he or she A Resolut'Io of the Ma ❑ a d CI C 1 ' 1 th C f S trillM'
has neither paid nor promised any person, firm or corporation
any discount, rebate. commission or refund for the purpose of
securing this advertisement tot publication in the said
newspaper. i1
Sworn to and subscribed before me this
10 Wy of JU1.y;y�.D. 2020
(SEAL)
GUILLERMO GARCIA personalty on n to me
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EWA Thr, Try Fain fnsurano 80:385-70115
n If ru Omm sslon or a Ity o e laml,
Florida, placing a question on the ballot for the Tuesday, November 3, 2020,
national elections, to amend the City Charter, Article II, SECTION 6,
subsection D Voting Procedure, to reduce the number of voles necessary
to make land use and development regulations less restrictive, throughout
the City, from 5 to 4 votes.
A Resolution of the Mayor and City Commission for the City o1 South Miami,
Florida, placing a question on the ballot for the Tuesday, November 3, 2D20,
national elections, to amend the City Charter, Article V, SECTION 2,
thled'General Elections' Subsection A. titled Time- to change the City's
general election from February to the same time as the national elections
In November.
An Ordnance related to the fee schedule; amending Ordinance 09-2D-2363 to
revise descriptive language, to add new fees, and to delete fees related
to various programs, rentals and memberships.
An Ordinance establishing a moratorium on the payment of outdoor seating
fees pursuant for both new and existing outdoor seating applications
until a date certain.
An Ordinance emending the City of South Miami Land Development Code,
Article V, titled 'PROCEDURES AND APPLICATIONS', Section. 20-5.16,
titled -Unity of tide submittal and procedures.-
0
V it i- I M-eeh'r,3 +he� G�y
C�mm��s
An Ordinance amending the City of South Miami Code of Ordinances,
Chapter 16, titled "PENSIONS" Article II, goad `CITY PENSION PLAN",
Secgon. 16-20., titled 'Board of Trustees. -
The members of the City Commission, the applicant, the applicant's attorney
and witnesses and City staff will participate by video conferencing through
the Zoom platform and members of the public may join the meeting via
Zoom at (httpsJ/zoom.us/i/305663633ti) and participate. If you desire to
Present evidence or you are unable to use Zoom, there are procedures
to follow and other options available including a dedicated phone line
to listen and participate in the meeting and limited public attendance, all
Of which Is set forth in the meeting notice posted at City Hall and at
httPY/wwws04hmiamiggov/560/Pub lo-Meetin s-Notices, Anyone who
wishes to review pending application and supporting documentation in
Person must make an appointment by calling 305-663-6310.
Please note that Govemor DaSartWs Executive Order Number 20.69 suspended
the requirements of Section 166.045, Fla. Stat, that a quormn to be present
in person, and that a local government body meet at a specific public
place. The Executive Order also allows local government bodies to utilize
communications media technology, such as telephonic and video conferwlcing
such as Zoom for meetings of local gwemmem bodies, Note that pursuant to
Florida Statutes 266.0105, a person who decitles to appeal any decision mode
by a Board, Agency or Commission with respect to any matter considered
at its meeting or hearing, a mcani of the proceedings will be required for
said appeal and such person will be required to have a verbatim hanscript
of the proceedings including the testimony and evidence upon which the
appeal is to he based ADA To request a modificall" to a policy, practice
or procedure or to request an auwliary aide or service in order to pertfc.Pate in a
City program, activity or avant, you must oa or before 4:00 p.m. 3 business
days before the meeting (not counting the day of the meeting) deliver your
request to the City Clerk th telephone: 305.722A666 (voice) or 305-442-1600
(1T'/fDD) or by snail a1 6130 Sunset Drive, South Miami, Florida or email
at npayneNscuthmiami0.gov.
Nkenga A Payne, CMC
7/10 City Clerk
20-43/0000477704M
8SE
VQ
CITY OF SOUTH MIAMI, FLORIDA
NOTICE TO THE PUBLIC OF THE VIRTUAL MEETING OF THE
CITY COMMISSION
In accordance with City of South Miami Code, Chapter 286.011, Fla. Stab and Executive Order
Number 20A9, the City will be holding Its City Commission Meeting VIRTUALLY. The meeting
Is scheduled 10 begin an Tuesday. July 21, 2020 at 7:00 n.m, to consider the following public
hearing items
A Resolutlw relating to a Variance application to reduce the AS zoning district spacing
reculremmt -a, a Pharmacy located a16420 SW 62 Avenue.
A Resolution relating to a Variance application to reduce the elementary, middle or
secondary school spacing requirement for a Pharmacy located at 6420 SW 62 Avenue.
A Resolution, relating to a Variance application to allow a ddva4n/drive-4thirough for a
Pharmacy located at 6420 SW 62 Avenue.
A Resolullam relating to a Special Use application to permit a Pharmacy at 6420 SW
62 Avenue.
A Resolution of the Mayor and City Commission for the City of South Miami, Florida, placing
a creation an the ballot for the Tuesday, November 3, 2020, national elections, to amend
the City Chsalar, Article 11, SECTION 6, subsection D Voting Procedure, to reduce the
number of same necessary to make land use and development regulations I .. ...Arteries,
throughout rite City, from 5 to 4 vote..
A Revolution; of the Mayor and City Commission for the City of South Miami, Florida,
placing a m. eon st on the ballot for the Tuesday, November 3, 1120, national elections,
to amend the City Charter, ArOole V, SECTION 2, titled °General Elections" Subsection A.
titled 'Tlm r' to change the City'. general election from February, to fine same time as the
national elections In November.
An Ordinance related to the fee schedule; amending Ordinance 0620-2363 to rests&
descriptive language, to add new fees, and to delete fees related to various programs,
rentals and memberships.
An Ordinance establishing a moratorium on the payment of outdoor seating fees pursuant
for both sea and existing outdoor seating applications until a date Certain.
An Ordinance emending the City of South Miami Land Development Code, Amid. V,
titled "PROCEDURES AND APPLICATIONS", Section. 20.5.16, titled "Unity of title submittal
and proced,rat
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 16, titled
'PENSIONS' Article 11, tilled •CRY PENSION PLAN', Section. 1We
d ed `Board
of Trustee..'
The members of the City Commission, the applicant, the applicant's attorney and witnesses and
City atalf MI aartlGpate by video conferencing through the Zoom platform and members of the
public may to n the meeting via Zoom at (runs /f eem ush/3056636336) and participate. If you
desire to present evidence or you are unable to use Zoom, there are procedures to follow and
other options available Including a dedicated phone line to listen and participate In Ue meeting
and limited Public abendance, all of which Is set forth In the meeting notice posted at City Hall
and at rttE ,yne, sayIh mi mill / I' . Anyone who wishes to review
pending application and supporting documentation In parson must make an appointment by
calling 305E63.6340.
Neese nor Me aommor orients. saecedme eras. Number 20s0 su a coded me requirements d section 165.045,
na. atat--a A Wermm to be pmwm In grown, and that a ideal ommmmenl body meet at a A"hux W Th be. ONm e
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Nkenga A. Payne, CMC
City Clerk
SUXDAY JULY1220;
NUEPMD(OM
MUSEUMS
Frost Science Museum's new exhibit
now open, and it's permanent
BYCONNIEOGLE
agk@mumihvoldrom
This is a tough summer.
Restaurants in Miami -Dade
are limited to outdoor din-
ingamid the COVID-19
epidemic, and movie thea-
ters and other entertain-
ment venues vie closed.
But if you're looking for
kid -friendly entertainment
in a place with no humidity
and nary a mosquito, Frost
Science Museum has you
covered.
The Phillip and Patricia
From: Museum of Science in
Miami opened its new
permanent exhibit last
weekend. Tided "Power of
Science" and the first new
permanent exhibit since
the museum opened three
years ago, the exhibit dis-
plays the potential of sci-
ence wing new technology,
completely t omfomdng
the Ocean Gallery space on
the museum's ground floor.
Alan, there is air condi-
tioning. Do you need to
know more?
Yes? OM Developed in a
partnership with the Uni-
versity of Miami, "Power of
Science" offers interactive
exhibits and rue speci-
mens in four areas: Our
Oceans, Ow Environment,
Our Bodies and Our Uni-
verse.
Speaking of oceans, giant
grouper starts can have a
blast at the museum, tap.
Here are some of the other
exhibits on display:
"Worlds Beyond
Earth": The new Frost
Planetarium show opens
today and is narrated by
Oscar winner Lupita
Nyong'o.
from warn tam see
-SHARKS: On Assignment with Brian Skerry' open at
Museum through August 9.
vVe l Wrr anpNdessamL(gn a4
A green -crowned brilliant
hummingbird and a green
pill viper look eye to eye.
The snake hangs delicately
from a branch as the
hummingbird hovers midair
in attack. The showdown
captures an eternal dance
between predator and prey.
"Rarely Seen": The new
National Geographic photo
show runs through Sept. 7.
"Goliath Grouper
Aquarium Exhibit": Lem
about a really big fish —
really big and the role it
plays in Florida's ecosys-
tem.
"Sharks: On Assign-
ment with Brian Sherry":
More National Geographic
photos from award -winning
photographer Brian Skerry
(through Aug. 9).
"Solar System St Be-
yond": Check out the
musem s north wing for
this journey through the
solar system. Yeah, we
kinda wish we were out
there right about now, too.
For admission to mu-
seum, you most have a
reservation and ticket for a
specific time.
PHILLIP AND PATRICIA
FROST MUSEUM OF
SCIENCE
Where: 1101 Biscayne
Blvd., Miami
Hours: 9:30 a.m: 6 p.m.
"Power of Science"
exhibit opens: Friday
Admission: $22 for
adults and children 3 and
up; kids under 2 and mem-
bers free. Must reserve a
ticket online at
https://www.fwgscience.org/
plan -your -day/
Connie Ogle: 305-376-3649,
idOgfeConnie