07-29-08 Item 261 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
5 CHARTER AMENDMENT; PRESENTING AN INITIATIVE TO
6 AMEND THE VOTING . PROCEDURE TO REQUIRE FIVE
7 AFFIRMATIVE VOTES OF THE CITY COMMISION TO AMEND
8 LAND USE AND DEVELOPMENT REGULATIONS IN ANY
9 MANNER WHICH MAKES THEM LESS RESTRICTIVE TO THE
10 ELECTORATE OF THE CITY AT THE NOVEMBER 4, 2008
11 ELECTION; PROVIDING FOR SEVERABILITY, ORDINANCES IN
12 CONFLICT, AND AN EFFECTIVE DATE.
13
14 WHEREAS, the Mayor and City Commission of the City of South Miami
15 pursuant to the requirements of section 5.03 of the Home Rule Charter of Miami -Dade
16 County and section 166.031, Florida Statutes, the city commission may by ordinance
17 submit to the voters a proposed amendment to its charter and schedule a special election
18 on the question not less than 60 days and not more than 120 days from the date the draft
19 is submitted; and,
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21 WHEREAS, pursuant to section 9 -1.1 of the City of South Miami Code of
22 Ordinances, a public hearing shall be held not less than 60 days before the election and
23 copies of the proposed amendment shall be made available to the public less than 30 days
24 before the election; and,
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26 WHEREAS, the Mayor and City Commission desire to present this ordinance to
27 the regularly scheduled meeting of the City Commission of the City of South Miami on
28 July 22, 2008.
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30 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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33 Section 1. The following question shall be submitted to the electors of the City
34 of South Miami at the next general election:
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36 Title: QUESTION: VOTING PROCEDURE; REQUIREMENTS FOR
37 ADOPTION.
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39 SHALL ARTICLE II, SECTION 6 D.1. OF THE CITY
40 CHARTER, "REQUIREMENTS FOR ADOPTION," BE
41 AMENDED TO PROVIDE:
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EFFECTIVE UPON PASSAGE OF THIS AMENDMENT,
ANY ORDINANCE THAT AMENDS LAND USE AND
DEVELOPMENT REGULATIONS IN ANY MANNER TO
MAKE THEM LESS RESTICTIVE SHALL REQUIRE
FIVE AFFIRMATIVE VOTES OF THE CITY
COMMISSION.
YES
NO
Summary: If the question is approved by a majority of the voters voting at the
November , 2008 election, the Charter of the City of South Miami shall be amended as
follows:
ARTICLE II. City Commission
SECTION 6 D. 1. Requirements for Adoption.
All resolutions or ordinances shall be adopted by the
indicated number of affirmative votes of the city commission.
Except as otherwise provided in this charter, four affirmative
votes of the city commission shall be required to approve the
actions indicated below:
To issue bonds or borrow money.
To apply current land use and development regulations in any
manner to make them less restrictive.
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.
Except as otherwise provided in this charter, five affirmative
votes of the city commission shall be required to approve the
action indicated below.
To amend land use and development regulations in M
manner to make theirs less restrictive.
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Section 2. The regular November election shall be scheduled for November 4,
2008. If a majority of voters voting in the election approve the amendment to the charter,
all provisions of the charter code, the land development code and the code of ordinances
in conflict shall be repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance 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 ordinance.
Section 4. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 6. This ordinance shall be codified and included in the Code of
Ordinances.
Section 7. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this day of , 2008.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
1- \'��Z�SiI��
MAYOR
1St Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Beckman:
Commissioner Palmer:
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ASOMM
Y�
Cliry OF SOUTH MIAMI
NOTICE OF PUBLIC. HEARING
NOTICE IS HEREBY given, that the City Commission of the City of South
Miami, Florida will conduct Public Hearings at its regularcity commission i
meeting scheduled for Tuesday; July 29,'2008 beginning at 7:30 p,m. in
the City Commission Chambers,_6130 Sunset Drive; Sto -cons ider the°
@following items «0 `Y :-k »'"fit- i
a - AN ORDINANCE.OF THE, MAY OR AND CITY COMMISSION i
OF THE CITY; OF-, SOUTH MIAMI, FLORIDA, RELATING TO
REQUEST`-'TO ,AMEND- .L-AND-�= DEVELOPMENT ., CODE i
SECTION 20- 3.3(E) ENTITLED 'OUTDOOR SEATING /DINING
FOR. ,ALL .COMMERCIAL PROPERTIES, , EXCEPT FOR
'PROPERTIES 1N`THE` RO RESIDENTIAL OFFICE : :REQUIREMENTS" ZONING
- " DISTRICT. "'_IN ORDER_TO'AMEND'THE� , �
AND STANDARDS' APPLICABLE° TO OUTDOOR • SEATING t
FOR RESTAURANTS; DELETING REPETITIVE`SECTION 20=
.7.29 ENTITLED "OUTDOOR SEATING /DINING USES AND.
AREAS "; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES-,.;:IN CON_FLICT;,a'.AND PROVIDING `
. AN..s-',I
EFFECTIVE DATE: ° Ail a `
t,,
AN:ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA,- RELATING TO A
CHARTER AMENDMENT; PRESENTING "AN4NITfATIVE TO
THE- ELECTORATE OF THE CITY AT HE NOVEMBER 4,
. 2008 ELECTION, TO AMEND THE VOTING PROCEDURE TO
REQUIRE- FIVE AFFIRMATIVE VOTES ' OF 'THE CITY
e COMMISSION TO MAKE LAND USE AND DEVELOPMENT
-
REGULATIONS IN ANY MANNER LESS RESTRICTIVE,
PROVIDING .,FOR, SEVERABILITY, ORDINANCES IN
`CONFLICT AND AN EFFECTIVE DATE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION;
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
CHARTER AMENDMENT; PRESENTING AN INITIATIVE TO
°THE,ELECTORATE'OF;THE CITY AT THE NOVEMBER 4,
2008CELECTION, JO ..AMEND VOTING PROCEDURE TO,, 1.
REQUIRE FIVE AFFIRMATIVE VOTES OF ' THE 'CITY
COMMISSION IN ORDER TO 'ISSUE BONDS OR BORROW
MONEYIN EXCESS' OF FIVE PERCENT OF •THE CITY'S
" OPERATING; BUDGET; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND .CITY COMMISSION
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
OF.
AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER
BE CONS STENTTWI H2 S
THE CITY(CH(AR(TER ARTICLRETO
SECTIONS 5.B, AND 6 13(3); AND EDITING THE ORDINANCE
TO CORRECT SCRIVENERS ERRORS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, :AND AN
EFFECTIVE DATE. "
..,AN ORDINANCE OF.THE MAYOR AND CITY COMMISSION
OF THE,CITY: OF SOUTH MIAMI, FLORIDA, RELATING TO
AMENDING THE CITY;S,CODE OF ORDINANCES CHAPTER
2'; ARTICLE 11, SECTIONS 2 -6, 2 -7.1, 2- 10(d); AND 2- 15, °IN OR-
DER,TO;BRING .THE. CODE, UP TO DATE, AND TO BE_s
CONSISTENT WITH THE CITY'S CHARTER ARTICLE III,
SECTION 1; AND,EDITINGTHE ORDINANCE TO.,CORRECT
SCRIVENERS ERRORS; PROVIDING ,FOR "SEVERABILITY, `,
ORDINANCES IN CONFLICT, AND AN EFF ECTIVE DATE '4'
AN ORDINANCE' OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF, SOUTH. MIAMI, FLORIDA, RELATING TO
AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER
2, ARTICLE III "BOARDS AND COMMISSIONS,", SECTIONS 2- d
r '121,= 2-22 AND 2 -23, IN ORDER TO BRING THE CODE.URTO
- ..:DATE, AND, 7011 BE. CONSISTENT WITH THE CITY'S
CHARTER ARTICLE 11, SECTION 8 C; AND EDITING THE .
%-ORDINANCE . �TO v CORRECT SCRIVENERS; ERRORS;.;
PROVIDING FOR SEVERABILITY, 'ORDINANCES ; "IN
it I N
CONFLICT, AND AN EFFECTIVE DATE.' `'
l ANY: ORDINANCE'OF,THE- MAYOR.AND,CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
AMENDING THE CITY'S•CODE OF ORDINANCES CHAPTER
9, "ELECTIONS," SECTIONS 9-1, 9 -1.1., 9-2,9-3,9-6,9-7,9-8,
AND. 9P IN ORDER TO BRING THE CODE UP TO DATE,
AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTI .. _.
'' .1'ICLE'V: AND WITH FLORIDA STATUTES CHAPTER 101; AND
a •:af EDITING .THE ORDINANCE TO CORRECT SCRIVENERS
w ERRORS; PROVIDING "FOR SEVERABILITY, ORDINANCES e
,;,,_:-IN CONFL• ICT,.AND AN EFFECTIVE DATE. ;
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
�.. > THE CITY. OF, SOUTH. RELATING TO THE
s ISSUANCE' OF,, A, CERTIFICATE OF APPROPRIATENESS
PURSUANT, TO.;SECTION; 20- 5.19(E)(3) OF THE LAND
DEVELOPMENT CODE TO PERMIT WALL SIGNAGE ON A
DESIGNATED HISTORIC COMMERCIAL BUILDING LOCATED '
AT 5900 SUNSET DRIVE (AMSTER BUILDINGS); PROVIDING
AN EFFECTIVE DATE. ,
If you have any inquiries on the above items please contact the City
Clerk's office at: 305 663 6340
ALL interested parties are invited to attend and will be heard.
w City Clerk .
Pursuant to Florida Statutes 286.0105, the City hereby advises the public,
that if,a person decides`to appeal any decision made by this. Board,.
Agency or. Commission with respect ,to any matter considered at its
' _.meeting or hearing, he or she will need a record of the proceedings, and
that for such purpose, affected person may need to ensure that a verbatim
record of the proceedings is made which'record jncludes the testimony
and evidence upon which the appeal is to be based.
7/18 08- 3- 120/1053396M
Ate: On: 07/24/2008 ® Advertiser: CITY OF SOUTH MIAMI
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COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On Tuesday. July 29.2(a. beginning at 7:0^0 p.m., in the City Cofmiresim
Chanbem, 6130 Sunset Drk, the City Commission mill had Public Hearings to
consider the f 1mving items:
ATN ORDINANCE RELATING TOREDUESTTO .fiMEND LAND DEVELOPMENT
CODE SECTION 20- 3.3(E) ENTITLED -OLRDOOR SEATINCI)INING FOR
ALL COMMERML PROPERTIES, EXCEPT FOR PROPERTIES IN THE
RO RESIDENTiA1. OFFICE ZONING DISTRICT.' IN ORDER TO AMEND
THE REOUIREMENTTS AND STANDARDS APPLICABLE TO OUTDOOR
SEATING FOR RESTAURANTS: DELETRIG REPETITIVE SECTION
20 -72.8 EkTiTLED 'OLTDODDR SEATIRGIDINIRG USES AND AREAS'.
AN ORDINANCE RELATING TO A CHARTER AMENDMENT; PRESENTING
AN INITIATIVE TO THE ELECTORATE OF THE CITY AT THE NOVEMBER a.
2008 ELECTION, TO AMEND THE VOTING PROCEDURE TO REQUIRE FIVE
AFFIRMATNE VOTES OF THE CITY COMMISSION TO MANE LAND LSE
AND DEVELOPMENT REGULATIONS IN ANY MANNER LESS RESTRICTIVE.
AN OWWARCE RELATING TO A CHARTER AMENDMENT;
PRESENTING AN INITIATIVE TO THE ELECTORATE OF THE CTTY
AT THE NOVEMBER k, 2008 ELECTION, TO AMEND VOTING
PROCEDURE TO REQUIRE FIVE AFFIRMATIVE VOTES OF THE CITY
COMMISSION IN DRDER TO ISSUE BONDS OR BORROW MONEY
IN EXCESS OF FIVE PERCENT OF THE CITY'S OPERATING BUDGET.
AN ORDINANCE RELATING TO AMENDLHG THE CRY'S CODE
OF ORDINANCES CHAPTER 2, ARTICLE 1, SECTION 2 -2.1
(D} AND IMAl)(k), IN ORDER TO BE CONSISTENT WITH THE
CTn"S CHARTER ARTICLE IL SECTIONS 5 B. AND 6 [Aft AND
EDITING THE ORDINANCE TO CORRECT SCRNENIM PHONE
AN ORDINANCE RELATING TO AMENDING THE CITY S CODE OF
ORDIALANCES CHAPTER 2, ARTICLE 8, SECTIONS 2.6, 2 -7.1. 2- 10(d1,
AND 2.15, IN ORDER To BRING THE CODE UP TO DATE, AND TO BE
CDNSIST£NT WITH THE CIYS CHARTER ARTICLE 111, SEC TM 1;
AND EDITING THE DRDINANCE TO CORRECT SGRIVEHERS ERRORS.
AN ORDNANCE RELATING TO AMENDING THE CRY'S CODE OF
ORDINANCES CHAPTER 2, ARTICLE III 'BOARDS A140 COMMISSIONS,-
SECT9)NS2-21,2-ZZ.At4D 2- 25 ,IJORDERTOBRtN(,THECODEUPTODATE,
ANDTO BE CONSISNENTWITHTHE CITY S CHARTERAAICLE I, SECTION
8 C; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS.
AN ORDINANCE RELATING TO AMENDING THE CITY S CODE OF
ORDINANCES CHAPTER 9, 'ELECTIONS; SECTIONS a -1,
9 -2, 9.3, 9-6, 9-7, 9-8. AND .9-10. IN ORDER TO BRING THE CODE
UP TO DATE, AND TO BE CONSISTENT WITH THE CRY'S CHAPTER
ARTICLE V. AND WITH FLORIDA STATUTES CHAPTER 101; AND
EDITING THE ORDINANCE TO CORRECT SCRNI3NTLLS ERRORS.
A RESOWT10N RELATING TO THE ISSUANCE OF A CERTIFICATE
OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.19iE)
(3) OF TVA LA1J0 DEVELOPMENT CODE TO PERMIT WALL
SIGNAGE ON A DESGNATED HISTORIC COMMERCIAL BUILDING
LOCATED AT 5900 SUNSET DRIVE (AMSTER BIN DINGS).
If you have any inquiries on the &we hems please contact the City Clerk's office
at 305- 6GZ63d0.
ALL intefeded.pwtias are Inviled to attend and wi0 be hoaTd.
Maria M. Menendez, CMC
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