HomeMy WebLinkAbout2006-3509 Ordinance
ORDINANCE NO. 2006-3509
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, "PUBLIC
PROPERTY," ARTICLE II, "SALE OR LEASE OF PUBLIC PROPERTY,"
SECTIONS 82-36 THROUGH 82-40, TO EXPAND THE APPLICABILITY OF
THE ORDINANCE TO INCLUDE VACATIONS OF ALLEYS AND RIGHTS-
OF-WAY, AND TERMINATIONS OF PUBLIC EASEMENTS ON PRIVATE
PROPERTY, WITH CERTAIN EXCLUSIONS, AND AMENDING THE
PROCEDURES THEREFORE; PROVIDING FOR INCLUSION IN THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Code of the City of Miami Beach provides specific procedures for
the sale or lease of public property in Chapter 82 (the Ordinance); and
WHEREAS, the City Commission believes that the Ordinance should apply to
vacations of alleys, and rights-of-way, and terminations of public easements on private
property, with certain exclusions for grants and/or termination of utility easements; and
WHEREAS, additionally, the City Commission finds that it is in the best interest of
the City to also amend certain procedures therein for approval of leases or sale of public
property.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 82, "Public Property," Article II, "Sale or
Lease of Public Property," Sections 82-36 through 82-40, be amended as follows:
Sec. 82-36. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
City property includes but is not limited to any land, water or air rights.
Lease of city property means any right to lease city property by way of agreement,
irrespective of consideration being paid to the city, and irrespective of the city's also
utilizing or being allowed to utilize the property for any purpose during the term of the
lease. For purposes of this article, the term "lease" shall not include special event permits,
revokable revocable permits~ 9F concession agreements, convention center or T.O.P.A.
use agreements, or leases for a term of not more than one year, including option periods.
Sale of city property means any conveyance, transfer, gift, exchange or other transaction in
which legal title passes from the city to any person or entity, whether or not the city retains
any partial title, interest, reservation, easement, right-of-way, restriction or license in regard
to the property. "Sale" shall include vacations of alleys and riqhts-of-way. and terminations
of public easements on private property (excludinq qrants and/or terminations of utility
easements ).
(Ord. No. 92-2783, 9 1,6-17-92)
Cross references: Definitions generally, 9 1-2.
Sec. 82-37. Hearing.
Prior to the sale and/or lease of city property, the city commission shall have read the title
of the resolution approvinq such sale and/or lease on two separate dates and immediately
followinq the second readinq hold a public hearing, advertised not less than 15 days prior
to the hearing, in order to obtain citizen input into any proposed sale and/or lease.
(Ord. No. 92-2783, 92, 6-17-92)
Sec. 82-38. Analysis.
In order for the city commission and the public to be fully apprised of all conditions relating
to the proposed sale and/or lease of city property, the planning, design and historic
preservation divisions shall prepare an analysis using the following criteria:
(1) Whether or not the proposed use is in keeping with city goals and objectives and
conforms to the city comprehensive plan.
(2) The impact on adjacent property, including the potential positive or negative impacts
such as diminution of open space, increased traffic, noise level or enhanced property
values, improved development patterns and provision of necessary services. Based on the
proposed use of the property, the city shall determine the potential impact of the project on
city utilities and other infrastructure needs and the magnitude of costs associated with
needed infrastructure improvements. Should it become apparent that further evaluation of
traffic impact is needed, the proponent shall be responsible for obtaining a traffic impact
analysis from a reputable traffic engineer.
(3) A determination as to whether or not the proposed use is in keeping with a public
purpose and community needs, such as expanding the city's revenue base, reducing city
costs, creating jobs, creating a significant revenue stream, and improving the community's
overall quality of life.
(4) Determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views or create other environmental intrusions, and
evaluation of the design and aesthetic considerations of the project.
(5) The impact on adjacent properties, whether or not there is adequate parking, street
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and infrastructure needs.
(6) A determination as to whether or not alternatives are available for the proposed
disposition, including assembly of adjacent properties, and whether the project could be
accomplished under a private ownership assembly.
(7) Within the constraints of public objectives, the department should examine financial
issues such as job generation, providing housing opportunities, and the return to the city for
its disposition of property.
(8) Such other issues as the planning, design and historic preservation division may
deem appropriate in analysis of the proposed disposition.
(Ord. No. 92-2783,93,6-17-92)
Sec. 82-39. Advertised public bidding process.
There shall be no sale or lease of city property unless there has been an advertised public
bidding process. In addition, the sale or lease shall comply with all requirements of state,
county and city laws and regulations. For any sale or lease of city property there shall also
be an independent appraisal of the fair market or rental value of the property. The
appraiser must be experienced in determining a reasonable return for projects of a
public/private joint venture nature. Should the purchaser or lessee be unwilling to pay the
cost of such appraisal, then any such cost may be deducted from a bid bond or similar
deposit made in a bid process. The appraisal shall include a determination of the value of
the property based on proposed and possible uses includinq. without limitation. the hiqhest
and best use( s) of the property thereof. by the proposed purchaser or lessee. I n regard to
all leases of more than five years, including option periods, the conditions of this section,
and in regard to leases of five years or less, including option periods, the conditions of this
section, and the public hearinq requirement in section 82-37, may be waived by a five-
sevenths vote of the city commission upon a finding by the city commission that the public
interest would be served by waiving such conditions. In regard to any sale, the conditions
of only this section may be waived upon a five-sevenths vote ofthe city commission upon a
finding by the city commission that the public interest would be served by waiving such
conditions of bidding and/or appraisal for the disposition of the property.
(Ord. No. 92-2783, 94, 6-17-92)
Sec. 82-40. Payment of costs.
All costs associated with the sale or lease procedures addressed in this article shall be, at
the option of the city, paid by the purchaser or lessee.
(Ord. No. 92-2783, 9 5, 6-17-92)
Sees. 82-41--82-70. Reserved.
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SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in
conflict herewith be and the same are hereby repealed.
SECTION 3. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH, FLORIDA.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of
Miami Beach as amended; that the sections of this ordinance may be renumbered or
relettered to accomplish such intention; and that the word ordinance may be changed to
section or other appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 8th
ATTG:r P~cL-
CITY ClERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Date
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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
FROM:
Mayor Dermer and Members of the City Commission
City Manager Jorge M. Gonzalez
Murray H. Dubbin, City Attorney ,
March 8, 2006 ~
Second Reading
Public Hearing
TO:
DATE:
SUBJECT: Amendment to the Shapiro Ordinance
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, "PUBLIC
PROPERTY," ARTICLE II, "SALE OR LEASE OF PUBLIC PROPERTY,"
SECTIONS 82-36 THROUGH 89-40, TO EXPAND THE APPLICABILITY
OF THE ORDINANCE TO INCLUDE VACATIONS OF EASEMENTS,
ALLEYS AND RIGHTS-OF-WAY, OR .^.NY OTHER CONVEYANCE OR
REDUCTION OF THE CITY'S INTEREST IN REAL PROPERTY AND
TERMINATIONS OF PUBLIC EASEMENTS ON PRIVATE PROPERTY.
WITH CERTAIN EXCLUSIONS. AND AMENDING THE PROCEDURES
THEREFORE; PROVIDING FOR INCLUSION IN THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
The attached Ordinance was prepared and placed on the City Commission meeting
agenda of January 11, 2006 at the request of Commissioner Steinberg. His
memorandum, dated December 29, 2005, making that request is attached.
The Commission approved the Ordinance on first reading, but (1) asked that the
Administration and City Attorney's Office meet with Commissioner Steinberg before
second reading to clarify the proposal; and (2) referred it to the land Use and
Development Committee to consider changes to it before second reading.
At the meeting with Commissioner Steinberg, it was agreed that the language originally
drafted, providing for Shapiro Ordinance review for "any other conveyance or reduction
of the City's interest in property" would be omitted, due to the unforeseen circumstances
that could be included within such broad language. The ordinance amendment was
refined to provide that the definition of "Sale" include vacations of alleys and riahts-of-
way. and terminations of public easements on private property (excludino orants and/or
terminations of utility easements), thereby incorporating these additional conveyances
as requiring Shapiro Ordinance review.
Further, as discussed and requested by the Commission on first reading, the hearing
Agenda Item I~ 5 F
Date 3- ~ -0(;;,
Memorandum to the land Use and Development Committee
March 8, 2006
Page 2 of 2
process under the Shapiro Ordinance would be amended to provide for two readings of
a resolution approving sales or leases (as defined, including vacations of alleys, rights-
of-way, and terminations of easements), and then a public hearing following the second
reading. The "Hearing" subsection of the Ordinance with the new language indicated
with underlining is proposed to read: "Prior to the sale and/or lease of city property, the
city commission shall have read the title of the resolution approvino such sale and/or
lease on two separate dates and immediately followino the second readino hold a public
hearing, advertised not less than 15 days prior to the hearing, in order to obtain citizen
input into any proposed sale and/or lease."
The language in the amendment providing for a clarification of the appraisal remains,
including: The appraisal shall include a determination of the value of the property based
on proposed and possible uses thereof by potential purchasers or lessees.
The land Use and Development Committee met on February 28, 2006 to discuss the
Ordinance amendments and passed the amendments on to the City Commission for
consideration.
MHD/GMH
F:\atto\HELG\Ordinances\Shapiro Ordinance\Commission memo.03082006.doc
<e MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
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NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700
Convention Center Drive, Miami Beach, Florida, on Wednesday, March 8, 2006, to consider the following: '
10:15 a.m.
An Drdinance Merging The Retirement System For General Employees Of The City Of Miami Beach With The Retirement System For Unclassified Employees Of The City Of Miami Beach, Thereby
Creating The Miami Beach Employees' Retirement Plan; implementing Provisions Of The 2003-2006 Collective Bargaining Agreement Between The City And The Communications Workers Of
America; Amending Provisions Of The Retirement Plan Applicable To Non-Bargaining Unit And Unclassified Employees; The Changes Will Later Apply To Members Of The American Federation Of
County State And Municipal Employees (AFSCME) And Government Supervisors Association (GSA) Bargaining Units Subject To The Collective Bargaining Process And Upon Ratification Of An
Agreement By Those Units; Providing For Severability; Repealing All Ordinances In Conflict Therewith
Inquiries may be directed to the Labor Relations Department at (305) 673-7009.
10:20 a.m.
An Ordinance Amending Miami Beach City Code Chapter 78, Article II Thereof, Entitled "Empioyee Benefit Plans"; Amending Section 78-81, Entitled "Group Health Insurance," And Section 78-82,
Entitled "Health Maintenance Organization," To Require That Employees Make A One-Time Irrevocable Election To Continue Participating In The City Group Health Insurance Or Health Maintenance
Organization Program Prior To Termination Of Employment To Be Eligible For Such Continued Participation; Providing That Employees Who Participate In The Defined Contribution Retirement
System Must Have Ten Years Of Full-Time City Employment To Be Eligible For Retiree Health Benefits; Providing For Specified City Contributions Toward The Cost Of Retiree Health Coverage For
Employees Hired On Or After The Effective Oate Of This Ordinance; Providing Certain Exceptions; Repealing All Ordinances In Conflict Therewith.
Inquiries may be directed to the Labor Relations Department at (305) 673-7009,
10:25 a.m.
An Ordinance Amending Ordinance NO.789, The Classified Employees Salary Ordinance Of The City Of Miami Beach, Florida, providing For The Group IV Classifications, Those Being The
Classifications Covered By The Communications Workers Of America (CWA), Local 3178, In Accordance With The Negotiated Agreement; There Shall Be No Wage Increase For Fiscal Year 2003/
2004; All CWA Bargaining Unit Employees Shall Be Paid, Prior To Any Other Wage Increase, A One-Time Lump Sum Payment Valued At Three Percent (3%) Of The Employee's Base Pay And His/Her
Regular Pay Enhancements And The Overtime That The Employee Eamed During Fiscal Year 2003/2004 (I.E. Based On The Employee's Extended Pay Plus Overtime, But Not To Include MY Sick
Time Bonus Or Any Differentials Or Allowances); The Above Payment Shall Not Be Pensionable And Shall Not Increase The Employee's Base Pay, Nor Result In Any Adjustment To The Pay Ranges
Contained In The Pay For Performance Plan; Effective In The First Pay Period Ending In October Of 2004, There Shall Be An Across The Board Wage Increase Of Six Percent (6%), Md The Minimum
Md Maximum Of Each Pay Range Will Also Be Increased By Six Percent (6%); The Three Percent (3%) One-Time Lump Sum Payment Referred To Earlier In This Paragraph Shall Not Be Included
In The Calculation Of The Six Percent (6%)Cost Of Living Adjustment (COLA); Effective With The First Pay Period Ending In October Of 2005, There Shall Be An Across The Board Wage Increase Of
Three And One Half Percent (3.5%), And The Minimum And The Maximum Of Each Pay Range Will Also Be Increased By Three And One Half Percent (3.5%); Amending The Salary Ranges Of The
Classifications Specified In The Negotiated Agreement; Creating The Classifications Of Field Inspector I, Field Inspector II,Meter Analyst, Parking Dispatcher, Revenue Processor I And Revenue
Processor II; Deleting The Titles Of Coin Room Money Handler, I.D. Technician I And I.D. Technician II; Deleting The Previous Format Of The CWA Section Of The Ordinance And Replacing It With The
Current Format Of The Other Sections; Repealing All Ordinances In Conflict. .
Inquiries may be directed to the Human Resources Department at (305) 673-7520.
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10:30 a.m,
An Ordinance Amending Chapter 82 Of The City Code, Entitled "Public Property," By Amending Article VI Entitled "Naming Of Public Facilities And Establishments Of Monuments And Memorials,"
By Amending Section 82-501, Entilled "Generally", To Provide That The City Owned Building, Located At 2200 Liberty Avenue, Miami Beach, Florida, Md Housing The Administrative Offices Md
Studio And Teaching Facilities Of The Miami City Ballet, Pursuant To The Lease Agreement Between The City, As Landlord, And Miami City Ballet, Inc. As Tenant, Shall Be Exempt From The
Provisions Of Said Article VI, For So Long As Said City- Owned Building Is Leased To Miami City Ballet, Inc., A Not For Profit Co/poration, Md Used By The Ballet For The Aforestated Purposes And
i In Accordance With The Terms And Conditions Of The Lease Agreement.
Inquiries may be directed to the Finance Department at (305) 673-7466.
10:35 a.m.
M Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations", ArtIcle IV, "Supplementary
District Regulations", Division 3, "Supplementary Use Regulations," By Adding Section 142-1110, Entitled "Mobile Storage Containers", To Regulate Storage Containers.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10:40 a.m.
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, Amending Chapter 82, "Public Property," Article II, "Sale Or Lease Of Public Property," Sections 82-36 Through 89-40, To
Expand The Applicability Of The Ordinance To Include Vacations Of Easements, Alleys, Rights-Of-Way, Or MY Other Conveyance Or Reduction Of The City's Interest In Real Property; Providing For
Inclusion In The Code Of The City Of Miami Beach, Florida. .
Inquiries may be directed to the Planning Department at (305) 673-7550.
10:50 a.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 130, "Off Street Parking", Article \II, "Design Standards", To Modify
The Requirements For Commercial And Residential Uses In Front Of Certain Portions Of A Parking Garage; By Amending Chapter 142, "Zoning Districts And Regulations", Article II, "District
Regulations", By Amending Division 3, "Residential Multifamily Districts", Subdivision II, "RM-l Residential Multifamily Low Intensity", Section 142-156 To Modify The Requirements For New
Construction To Require Residential Uses In Front Of Certain Portions Of A Parking Lot Or Pedestal; By Amending Subdivision IV, "RM-2 Residential Multifamily Medium Intensity", Subdivision V,
"RM-3 Residential Multifamily High Intensity", Division 4, "CD-l Commercial, Low Intensity District", Division 5. "CD-2 Commercial, Medium Intensity District", Division 6, "CD-3 Commercial,
High Intensity District", And Division 13, "MXE Mixed Use Entertainment District", To Add New Sections Specifying Requirements For Residential Uses Or Commercial Space In Front Of Certain
Portions 01 A Parking Lot Or Pedestal; By Amending Division 18, "Performance Standard DIstrict", Section 142-695, To Add New Requirements For Residential Uses Or Commercial Space In Front
Of Certain Portions Of A Parking Lot Or Pedestal.
Inquiries may be directed to the Planning Department at (305) 673-7550.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700
Convention Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office,
1700 Convention Center Drive, 1 st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such .clrcumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the publiC that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at
Its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record Includes the testimony and evidence upon which the appeal Is to be based.
ThIS notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise
allowed by law.
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