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120803 Memo Attachment OFFICE OF THE CITY ATTORNEY '6~ of J/(iomi 1JfOt'h F L o R o A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM FROM: Mayor David Dermer and Members of the City Commission Murray H, Dubbin;\ \ I \ u:~ V City Attorney' ~ it\. \.)"V DATE: December 10, 2003 TO: SUBJECT: R9F REGARDING CHARTER REVIEW BOARD'S PROPOSED AMENDMENT TO THE CITY TO THE CITY CHARTER AND RESOLUTIONS PROPOSING MARCH 9, 2004 CITY OF MIAMI BEACH SPECIAL ELECTION. The Legal Department has drafted and submitted the proposed charter amendment in accordance with the action of the Charter Review Board. However, we have some concerns which are hereafter set forth, The proposed amendment to Section 1.03(c) of the City Charter will expand the current requirement for voter approval prior to any increase in Floor Area Ratio on all applicable properties within the City, This would affect settlements, including, but not limited to, those entered into pursuant to the Bert J. Harris, Jr. Private Property Rights Protection Act ("Harris Act")* and those in other cases which involve the effectuation of their terms through a development agreement. The proposed Charter Amendment would also affect the settlement of other litigation matters concerning civil rights claims against the City, takings or condemnation claims, and the transfer of development rights under current City Code provisions and those anticipated to be proposed by the Planning Department relative to historic districts, To address the foregoing concerns, the City Attorney's Office has added the attached shaded language to the original proposal of the Charter Review Board, which language is thus submitted for your consideration, * Assuming the Harris Act is ultimately upheld by the courts MHD/DJT /bfg f:lattolturnlcommmemolcharter amd!. and 3-9-94 special election-2.doc 1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139 A. Proposed Ballot Question AMENDING CHARTER SECTION 1.03(c) RE: VOTER APPROVAL PRIOR TO FLOOR AREA INCREASE SHALL CHARTER SECTION 1.03(c) REQUIRING VOTER APPROVAL BEFORE FLOOR AREA RATIO MAYBE INCREASED ON PROPERTIES ADJACENT TO SPECIFIED WATERBODIES ("ATLANTIC OCEAN, GOVERNMENT CUT, INDIAN CREEK, OR BISCA YNE SAY") BE AMENDED TO DELETE LANGUAGE REFERENCING SUCH W A TERBODIES, THEREBY EXPANDING THE REQUIREMENT OF VOTER APPROVAL TO ALL APPLICABLE PROPERTY WITHIN CITY LIMITS; EXEMPTING DIVISION OF LOTS, OR THE AGGREGATION OF DEVELOPMENT RIGHTS ON UNIFIED ABUTTING PARCELS (OTHERWISE PERMITTED BY ORDINANCE), AND CERTAIN SETTLEMENTS OR DEVELOPMENT AGREEMENTS. YES NO B. Proposed Text City Charter Section 1.03(c). (c) The floor area ratio of any property or street end within the City of Miami Beach adj aeeHt to the :\tlaRtic Ocean, Gevemmeat Cat, IRdian Creek or Biseayae Bay shall not be increased by zoning, transfer, or any other means from its current zoned floor area ratio as it exists on the date of adoption of this Charter Amendment [November 7, 2001], including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless any such increase in zoned floor area ratio for any such property shall first be approved by a vote of the electors ofthe City of Miami Beach, This provision shall not preclude or otherwise affect the division oflots, or the aggregation of development rights on unified abutting parcels, asmav be permitted bv ordinance. Jrt addition. this provision shall not apply to settlements entered into llUTSuant to the Bert J. Harris. Jr. Private Property Rights Protection Act or to development agreements entered into pursuant to the Florida Local Government Development Agreement Act. This Charter Amendment shall become effective on the day after its approval by the voters of the City of Miami Beach, No rights in derogation of the provisions of this Amendment under any ordinance or any other action of the Miami Beach City Commission between the time this measure is approved by the Miami Beach City Commission for placement on the Ne'lemller a, 2001 i! ballot and the adoption ofthis Amendment shall be enforced against the City of Miami Beach. *** 5 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www,mlamlbeachfl.gov COMMISSION MEMORANDUM To: Mayor David Dermer and Members of the City Commission Date: November 25, 2003 From: Chairman Steve Zack Vlc&-chalr Jonathan Beloff Member of the Board RIcky Arriola Member of the Board Victor Dlaz Member of the Board Honorable Seymour Gelber Member of the Board Larry Herrup Member of the Board Abraham Laeser Appointed by Mayor Dermer Appointed by Commissioner Garcia Appointed by Commissioner Cruz Appointed by Commissioner Bower Appointed by Commissioner Gross Appointed by Commissioner Steinberg Appointed by Commissioner Smith Subject: CHARTER REVIEW BOARD PROPOSED AMENDMENTS TO CITY CHARTER-RESOLUTIONS PROPOSING MARCH 9, 2004 CITY OF MIAMI BEACH SPECIAL ELECTION BACKGROUND: The City of Miami Beach Charter Review Board, pursuant to authority of City Resolution No. 2003-25124, is continuing its review of the City's Charter and Related Special Acts-as a result of this review, the Board held a televised public meeting on November 6, 2003, resulting in the following recommended changes to the City Charter: Zonine Reform - amending City Charter Section 1,03(c) to expand the current requirement of voter approval prior to any increase in floor area ratio on certain waterfront property within the City of Miami Beach to all property within the City; and . Lone Term Economic ImDact - amending Charter Article V' regarding "Budget and Finance" to require that the City Commission consider the long term economic impact (at least 5 years) of legislative acl$ involving the allocation of funds. The Charter Review Board is proposing that the above charter amendments be presented to the voters at the March 9, 2004 election. In order to ensure placement of a measure on the March 9, 2004 ballot, the City Commission must pass a resolution calling for said special election by no later than January 9, 2004- accordingly, inasmuch as there are only two regularly-scheduled City Commission meetings prior to January 9, 2004 (November 25 and December 10), the attached resolutions are presented herein for City Commission review. 1 This proposal was previously presented to the City Commission for its review at its July 30, :; Commission opted to reserve this issue for later consideration, Agenda Item --R~ F- Date-1/-,iS"-03 442 RESOLutION NO. , A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY, MARCH 9, 2004, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY CHARTER SECTION 1.03(c) REQUIRING VOTER APPROVAL BEFORE FLOOR AREA RATIO MAY BE INCREASED ON PROPERTIES ADJACENT TO SPECIFIED W ATERBODIES ("ATLANTIC OCEAN, GOVERNMENT CUT, INDIAN CREEK, OR BISCA YNE BAY") BE AMENDED TO DELETE LANGUAGE REFERENCING SUCHW ATERBODIES, THEREBY EXPANDING THE REQUIREMENT OF VOTER APPROVAL TO ALL PROPERTY WITHIN CITY LIMITS; EXEMPTING THE DIVISION OF LOTS, OR THE AGGREGATION OF DEVELOPMENT RIGHTS ON UNIFIED ABUTTING PARCELS, OTHERWISE PERMITTED BY ORDINANCE. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, March 9, 2004, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with Miami-Dade County's certification of the results of said Special Election being accepted by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated and results duly accepted by said llPpropriate Miami-Dade County Officials. SECTION 3. Said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling places and the voting precincts in which the official registration books show that the said electors reside. A list of 1 443 the voting precincts and the polling places therein (subject to change by the Supervisor of Elections of Miami-Dade County, in accordance with the laws of Florida) is attached hereto as Exhibit A. SECTION 4. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 111 Northwest 1st Street, Floor 19, Miami, Florida 33130; Mailing Address: P.O. Box 012241, Miami, Florida 33101; Telephone: (305) 375-5553. SECTION 5. Not less than thirty days' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made at least once each week for four consecutive weeks next preceding said Special Election. SECTION 6. The notice of election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GWEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WIIL BE HELD IN SAID CITY FROM 7:00 A.M. UNTil. 7:00 P.M. ON THE 9TH DAY OF MARCH, 2004, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: AMENDING CHARTER SECTION 1.03(c) RE: VOTERAPPROV AL PRIOR TO FLOOR AREA INCREASE 2 444 SHALL CHARTER SECTION 1.03(c) REQUIRING VOTER APPROVAL BEFORE FLOOR AREA RATIO MAY BE INCREASED ON PROPERTIES ADJACENT TO SPECIFIED WATERBODIES ("ATLANTIC OCEAN, GOVERNMENT CUT, INDIAN CREEK, OR BISCAYNE BAY") BE AMENDED TO DELETE LANGUAGE REFERENCING SUCH WATERBODIES, THEREBY EXPANDING THE REQUIREMENT OF VOTER APPROVAL TO ALL PROPERTY WITHIN CITY LIMITS; EXEMPTING THE DIVISION OF LOTS, OR THE AGGREGATION OF DEVELOPMENT RIGHTS ON UNIFIED ABUTTING PARCELS, OTHERWISE PERMITTED BY ORDINANCE. YES NO SECTION 7. The official ballot to be used in the Special Election to be held on March 9,2004, hereby called, shall be in substantially the following form, to-wit: OFFICIAL BALLOT THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION, MARCH 9, 2004. NOTICE IS HEREBY GNEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M. ON THE 9TH DAY OF MARCH, 2004, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLWWING QUESTION: AMENDING CHARTER SECTION 1.03(c) RE: VOTERAPPROV AL PRIOR TO FLOOR AREA INCREASE SHALL CHARTER SECTION 1.03(c) REQUIRING VOTER APPROVAL BEFORE FLOOR AREA RATIO MAY BE INCREASED ON PROPERTIES ADJACENT TO SPECIFIED WATERBODIES ("ATLANTIC OCEAN, GOVERNMENT CUT, INDIAN CREEK, OR BISCAYNE BAY") BE AMENDED TO DELETE LANGUAGE REFERENCING SUCH WATERBODIES, THEREBY EXPANDING THE REQUIREMENT OF VOTER APPROVAL TO ALL PROPERTY WITHIN CITY LIMITS; EXEMPTING THE DIVISION OF LOTS, OR THE AGGREGATION OF 3 445 DEVELOPMENT RIGHTS ON UNIFIED ABUTTING PARCELS, OTHERWISE PERMITTED BY ORDINANCE. YES NO SECTION 8. Absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the laws of the State of Florida with respect to absentee voting. SECTION 9. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami -Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 10. If any section, sentence, clause or phrase of the proposed ballot measure is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of said ballot measure. SECTION 11. This resolution shall be effective immediately upon its passage. PASSED and ADOPTED this _ day of .2003. ATI'EST: MAYOR CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION JKOIED F:latto\OW\ELECTlON\RESO\Change ofRun-OlfEleetion Date.doe ~~ 4 446 Proposed Amendment to City Charter Section 1.03(c) for March 9, 2004 Special Election: A. Proposed Ballot Question AMENDING CHARTER SECTION 1.03(c) RE: VOTERAPPROV ALPRIOR TO FLOOR AREA INCREASE SHALL CHARTER SECTION 1.03(c)REQUIRING VOTER APPROVAL BEFORE FLOOR AREA RATIO MAY BE INCREASED ON PROPERTIES ADJACENT TO SPECIFIED WATERBODIES ("ATLANTIC OCEAN, GOVERNMENT CUT, INDIAN CREEK, ORBISCA YNEBA Y") BE AMENDED TO DELETE LANGUAGE REFERENCING SUCH W ATERBODIES, THEREBY EXPANDING THE REQUIREMENT OF VOTER APPROVAL TO ALL PROPERTY WITHIN CITY LIMITS; EXEMPTING THE DMSION OF LOTS, OR THE AGGREGATION OF DEVELOPMENT RIGHTS ON UNIFIED ABUTTING PARCELS, OTHERWISE PERMITTED BY ORDINANCE. YES NO B. Proposed Text City Charter Section 1.03(c). Powers of City. *** ( c) The floor area ratio of any property or street end within the City of Miami Beach adj aeeBt ta the ;\t1.amie Oeeaa, Qe'lefilfReBt C1:it, IntHaB. Creek aT 'BiseaYBe Bay shall not be increased by zoning, transfer, or any other means from its current zoned floor area ratio as it exists on the date of adoption of this Charter Amendment [November 7, 2001], including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless any such increase in zoned floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach. This provision shall not preclude or otherwise affect the division oflots. or the aggregation of development rights on unified abutting parcels. as may be permitted by ordinance. This Charter Amendment shall become effective on the day after its approval by the voters of the City of Miami Beach. No rights in derogation of the provisions of this Amendment under any ordinance or any other action of the Miami Beach City Commission between the time this measure is approved by the Miami Beach City Commission for placement on the Neyember 6,2001 March 9. 2004 ballot and the adoption of this Amendment shall be enforced against the City of Miami Beach, *** 5 447 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY, MARCH 9, 2004, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY CHARTER ARTICLE V REGARDING "BUDGET AND FINANCE" SHOULD BE AMENDED TO REQUIRE THAT THE CITY COMMISSION CONSIDER THE LONG TERM ECONOMIC IMPACT (AT LEAST FIVE YEARS) OF LEGISLATIVE ACTS. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, March 9, 2004, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with Miami-Dade County's certification of the results of said Special Election being accepted by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated and results duly accepted by said appropriate Miami-Dade County Officials. SECTION ,3. Said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling places and the voting precincts in which the official registration books show that the said electors reside. A list of the voting precincts and the polling places therein (subject to change by the Supervisor of Elections of Miami-Dade County, in accordance with the laws of Florida) is attached hereto as Exhibit A. 1 448 SECTION 4. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 111 Northwest 1st Street, Floor 19, Miami, Florida 33130; Mailing Address: P.O, Box 012241, Miami, Florida 33101; Telephone: (305) 375-5553. SECTION 5. Not less than thirty days' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made at least once each week for four consecutive weeks next preceding said Special Election. SECTION 6. The notice of election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GNEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M. ON THE 9TH DAY OF MARCH, 2004, AT WlllCH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: AMENDING CHARTER ARTICLE VTO REomRE ECONOMIC IMPACT STATEMENT SHALL THE MIAMI BEACH CITY CHARTER, ARTICLE V THEREOF REGARDING "BUDGET AND FINANCE", BE AMENDED TO REQmRE THAT THE CITY COMMISSION CONSIDER THE LONG TERM ECONOMIC IMPACT (AT LEAST .FIVE YEARS) OF LEGISLATIVE 2 449 . . , ACTS? YES NO SECTION 7. The official ballot to be used in the Special Election to be held on March 9, 2004, hereby called, shall be in substantially the following form, to-wit: OFFICIAL BALLOT THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION, MARCH 9, 2004. NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M. ON THE 9TH DAY OF MARCH, 2004, AT WInCH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: AMENDING CHARTER ARTICLE VTO REOUIRE ECONOMIC IMPACT STATEMENT SHALL THE MIAMI BEACH CITY CHARTER, ARTICLE V THEREOF REGARDING "BUDGET AND FINANCE", BE AMENDED TO REQUIRE THAT THE CITY COMMISSION CONSIDER THE LONG TERM ECONOMIC IMPACT (AT LEAST FIVE YEARS) OF LEGISLATIVE ACTS? YES NO SECTION 8. Absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the laws of the State of Florida with respect to absentee voting. 3 450 SECTION 9. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 10. If any section, sentence, clause or phrase of the proposed ballot measure is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of said ballot measure. SECTION 11. This resolution shall be effective immediately upon its passage. PASSED and ADOPTED this _ day of . 2003. ATTEST: MAYOR CITY CLERK JKOIED F:Iatto\OLIJ\ELECl10N\RESO\Budget & Finance (Long Tenn Ecoomnic).dDC A.PPROVED AS TO FORM & LANGUAGE & FOR EXEOUTlON ~lli/J~OJ 4 451 Proposed Amendment to City Charter Article V fOf March 9, 2004 Special Election: A. Proposed Ballot Question AMENDING CHARTER ARTICLE V TO REOUIRE ECONOMIC IMPACT STATEMENT SHALL THE MIAMI BEACH CITY CHARTER, ARTICLE V THEREOF REGARDING "BUDGET AND FINANCE", BE AMENDED TO REQUIRE THAT THE CITY COMMISSION CONSIDER THE WNG TERM ECONOMIC IMPACT (AT LEAST FIVE YEARS) OF LEGISLATIVE ACTS. YES NO B. Proposed Text Article V. Budget and Finance. *** Section 5.02 Budget. In accordance with Florida law the City Commission shall adopt an annual budget. The City of Miami Beach shall consider the long-term economic imPact (at least 5 years) OfPfOPOSed le~slative actions. 5 452