20160511 AM2MIAMI BEACH
Gity Commission Meeting
ADDENDUM MATERIAL2
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
May 11,2016
Mayor Philip Levine
Commissioner John Elizabeth AlemSn
Commissioner Ricky Arriola
Comm issioner Kristen Rosen Gonzalez
Commissioner Michael Grieco
Commissioner Joy Malakoff
Com missioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visff us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Ghapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Gommittee, or any personnel as defined in the subject Code
sections. Gopies of the City Gode sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
ADDENDUM AGENDA
RgT Discussion Regarding A City Employee Healthy Cafeteria.
(Sponsored by Mayor Philip Levine)
(There is no backup material for this item)
RgU Discuss Alternative Drafts Of Proposed Amendments To Charter Section 1 .03(b), Regarding
A Public Vote On The Sale, Exchange, Conveyance Or Lease Of Ten Years Or Longer Of
City Park, Recreation Or Waterfront Property.
(Sponsored by Commissioner Michael Grieco)
1 The sponsor of the addendum agenda item deems that such item either constitutes a public emergency affecting life, health,
property, or public safety and should be considered immediately; or does not constitute a public emergency, but should be
considered immediately. See MiamiBeach Code Sec.2-12 (c)(3).
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Granado, Rafael
From:
Sent:
lo:
Subject:
Attachments:
Grieco, Michael
Saturday, May 07 ,2016 8:52 AM
Granado, Rafael; Morales, Jimmy
Fwd: Sec. 1.03(b) Charter Amendment Drafts
PARKS IV, 5.1 1.16.docx; ATT00001.htm; PARKS V. 5.11.16.docx; ATT00002.htm
Attached are alternative drafts of Charter amendments together with revised transmittal memos:
L The first draft would present to the city commission two options for expanding voter
requirements for the sale, exchange, conveyance, or lease of ten or more years of city park,
recreation or waterfront property :
. The first option, an increaseto 600/o voter approval, except retaining the 5}Yomajority
vote requirement for city property adjacent to waterways other than Government Cut,
Biscayne Bay, Indian Creek or the Atlantic Ocean;. The second option, adding that in addition to citywide 50+o voter approval 50+% of
voters residing in precincts within a mile of the property concerned must also approve.
II. The second draft proposes only the second option: adding 50+oh approval of neighboring
residents.
[Note that there is language in the City Code equating "waterways" with "waterfront" as a
definition. I.e., I believe the city attomey would likely interpret Section 1.03(b) of the Charter to
include city-owned property adjacent to waterways within the requirement for a vote on city-
owned "waterfront" property.]
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MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jlmmy Morales, City ManagerFROM: Michael Grieco, CommissionerDATE: May 7,2016
SUBJECT: Agenda ltem for May 1 1, 2016 City Commission Meeting
Please place on the May 11,2016 City Commission Agenda as a Supplemental item the attached draft of
a proposed amendment to Section 1.03(b) of the City Charter regarding a public vote on the sale,
exchange, conveyance or lease of ten years or longer of city park, recreation, or waterfront property.
I am submitting this item at the request of a resident who recommends this should be addressed in
conjunction with other agenda items designed to facilitate and make financially feasible the
implementation of the city's Light Rail/Modern Streetcar system.
Specifically, Agenda ltem C4D refers to a"proposed transfer of air rights from the Citf' atthe Miami
Beach Marina, 300 Alton Road, and Agenda ltem R9J is a referralto the Land Use Committee and the
Planning Board of a proposed "redevelopment' of the Miami Beach Marina "and assoc iated legislative
changes".
Your memorandum, ltem R9G on the May 11 Agenda, advises that your administration is pursuing, as
d19c1ed by the City Commission, implementation of the streetcar system "via a Public-Private painership
(P3f', anticipating "the execution of the Comprehensive agreement and financial close by early 2017,
with completion of construction by 2020."
Attorneys representing prospective developers of the city-owned Miami Beach Marina site have been
actively seeking the support of residents for plans described as two 350-foot high towers (200-feet above
current zoning), an increase in floor area ratio (FAR) and a contribution of $100 million to a city fund
dedicated to Light Rail Transit/Transit Facilities; recently, April 19, Attorneys Jeffrey Bercow as well as
Michael Larkin registered as lobbyists for developer Fort Partners, LLC on this matter: [Bercow, Disc. Amt:
$625'00/hr 2016-04-19 Foft Partners, LLC Land use and zoning issues related to 300 Alton Road Land use ind zoning issues
related to 300 Alton Road" (from Lobbyist Log).1
I am hearing concerns expressed that the logic of selling or leasing the city's property rights/air rights on
Bayfront or oceanfront property such as the Marina, could extend thereafter to other city waterfront, parks
or recreation property. I recognize that a compelling case can be made to monetize the value of the city's
property rights for a compelling public purpose, such as that represented by a Public-Private partnership
to implement the Miami Beach Light Rail TransiUstreetcar system, thus I am not unduly concerned about
extending to the voters the right of concurrence for such properties.
The attached options would increase to 60% the voter approval requirement for City-owned park and
recreation property, and waterfront property adjacent to Biscayne Bay, Governmeni Cut, lndian Creek or
the Atlantic Ocean, or in the alternative, retain the current 5Oo/o+ voter approval and add that such a vote
must also receive approval from 50%+ of voters residing in precincts within a mile of the park, recreation,
or waterfront property concerned.
MIAMIBEACH
Commissioner Michael Grieco
OFFICE OF MAYOR AND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7102 I Fax: 305-673-7096 i www. miamibeachft.qov
ATTACHMENT
Option I
4
CHARTER OF THE CITY OF MIAMI BEACH
ARTICLE I. CORPORATE EXISTENCE, FORM OF GOVERNMENT, BOUNDARY AND
POWER
OPTION A.
Sec. 1.03. - Powers of city.
(a) General. The City shall have all governmental, corporate, and proprietary powers to enable it to
conduct municipal government, perform municipal functions, and render municipal services, and may
exercise any power for municipal purposes except as expressly prohibited by law or this Charter.
(b) Alienability of property.
l. The only limitation concerning alienability of City-owned park, recreation or waterfront
property is the restriction ofthe sale, exchange, conveyance or lease often (10) years or longer
(including option periods) of park or recreation plepefry, or waterfront property adjacent to
Biscayne Bay. Govemment Cut. Indian Creek or the Atlantic Ocean . in whole or in part. in the
City of Miami Beach, unless such sale, exchange, conveyance or lease is approved by a+ajeri+y
vote of at least sixty (60) percent of the City's voters voting thereon in a City-
wide referendum, and for City-owned property adjacent to other waterways. by a majorit), of the
City's voters voting thereon in a City-wide referendum. This provision shall be liberally construed
in favor of the preservation of all park, recreation and waterfront lands.
OPTION B.
Sec. 1.03. - Powers of city.
(a) General. The City shall have all governmental, corporate, and proprietary powers to enable it to
conduct municipal govemment, perform municipal functions, and render municipal services, and may
exercise any power for municipal purposes except as expressly prohibited by law or this Charter.
(b) Alienability of property.
l. The only limitation concerning alienability of City-owned park, recreation or waterfront
property is the restriction ofthe sale, exchange, conveyance or lease often (10) years or longer
(including option periods) of park, recreation, or waterfront property. in whole or in part. in the
City of Miami Beach, unless such sale, exchange, conveyance or lease is approved by a majority
vote of the voters in a City-wide referendum provided that a majority of voters residing in voting
precincts any part of which is within one mile of the propert), concerned approve. This provision
shall be liberally construed in favor of the preservation of all park, recreation and waterfront lands.
5
MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy Morales, City ManagerFROM: Michael Grieco, CommissionerDATE: May 7,2016
SUBJECT: Agenda ltem for May 1 1, 2016 City Commission Meeting
Please place on the May 11, 2016 City Commission Agenda as a Supplemental item the attached draft of
a proposed amendment to Section 1.03(b) of the City Charter regarding a public vote on the sale,
exchange, conveyance or lease of ten years or longer of city park, recreation, or waterfront property.
I am submitting this item at the request of a resident who recommends this should be addressed in
conjunction with other agenda items designed to facilitate and make financially feasible the
implementation of the city's Light Rail/Modern Streetcar system.
Specifically, Agenda ltem C4D refers to a"proposed transfer of air rights from the Citf' atthe Miami
Beach Marina, 300 Alton Road, and Agenda ltem RgJ is a referral to the Land Use Committee and the
Planning Board of a propos ed " redevelopment' of the Miami Beach Marina "and assoc iated legistative
changes".
Your memorandum, ltem R9G on the May 11 Agenda, advises that your administration is pursuing, as
directed by the City Commission, implementation of the streetcar system "via a Public-Private Paftnership
(P3)", anticipating "the execution of the Comprehensive agreement and financial close by early 2017,
with completion of construction by 2020."
Attorneys representing prospective developers of the city-owned Miami Beach Marina site have been
actively seeking the support of residents for plans described as two 350-foot high towers (200-feet above
current zoning), an increase in floor area ratio (FAR) and a contribution of $100 million to a city fund
dedicated to Light Rail TransiUTransit Facilities; recently, April 19, Attorneys Jeffrey Bercow as well as
Michael Larkin registered as lobbyists for developer Fort Partners, LLC on this matter: [Bercow, Disc. Amt:
$625.00/hr 20t6-04-19 Fort Paftners, LLC Land use and zoning issues related to 300 Alton Road Land use and zoning issues
related to 300 Alton Road" (from Lobbyist Log).1
I am hearing concerns expressed that the logic of selling or leasing the city's property rights/air rights on
Bayfront or oceanfront property such as the Marina, could extend thereafter to other city waterfront, parks
or recreation property. I recognize that a compelling case can be made to monetize the value of the city's
property rights for a compelling public purpose, such as that represented by a Public-Private Partnership
to implement the Miami Beach Light Rail TransiVstreetcar system, thus I am not unduly concerned about
extending to voters residing in precincts within a mile of such properties the right of concurrence for such
properties.
The attached proposed Charter amendment would retain the current 5Oo/o+ voter approval required
citywide for such and add that such a vote must also receive approval from 50%+ of voters residing in
precincts within a mile of the park, recreation, or waterfront property concerned.
MIAMIBEACH
Commissioner Michael Grieco
OFFICE OF MAYOR AND COMMISSION
'1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7102 I Fax 305-673-7096 / www. miamibeachft.qov
ATTACHMENT
Option ll
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CHARTER OF THE CITY OF MIAMI BEACH
ARTICLE I. CORPORATE EXISTENCE, FORM OF GOVERNMENT, BOUNDARY AND
POWER
Sec. 1.03. - Powers of city.
(a) General. The City shall have all governmental, corporate, and proprietary powers to enable it to
conduct municipal government, perform municipal functions, and render municipal services, and may
exercise any power for municipal purposes except as expressly prohibited by law or this Charter.
(b) Alienobility of property.
l. The only limitation concerning alienability of City-owned park, recreation or waterfront
property is the restriction ofthe sale, exchange, conveyance or lease often (10) years or longer
(including option periods) of park, recreation, or waterfront property. in whole or in part. in the
City of Miami Beach, unless such sale, exchange, conveyance or lease is approved by a majority
vote of the voters in a City-wide referendum provided that a majority of voters residing in voting
precincts any part of which is within one mile of the propert), concerned approve. This provision
shall be liberally construed in favor of the preservation of all park, recreation and waterfront lands.
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