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2009-27134 ResoRESOLUTION NO. 2009-L7134 A RESOLUTION CALLING FORA NOVEMBER 3, 2009 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER MIAMI BEACH CITY CHARTER SECTION 1.03 SHOULD BE AMENDED TO REQUIRE UNANIMOUS APPROVAL OF VOTING CITY COMMISSIONERS OR VOTER APPROVAL PRIOR TO THE SALE, EXCHANGE, CONVEYANCE, LEASE, OR OTHER TRANSFER OF ANY CITY INTEREST IN ANY PUBLIC STREET-ENDS BORDERING LAND DESIGNATED "GOVERNMENT USE," "GOLF COURSE," OR WATERFRONT LAND, EXCLUDING A SALE, EXCHANGE, CONVEYANCE, LEASE OR OTHER TRANSFER NOT TO EXCEED 10% IN WIDTH OF SUCH STREET-END WHICH ADVANCES A SIGNIFICANT PUBLIC PURPOSE AND EXCLUDING UNDERGROUND UTILITY EASEMENTS. 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, November 3, 2009, 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 acceptance of the certification of the results of said Special Election to be performed 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. SECTION 3. That the 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. 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, Suite 112, Miami, Florida 33130; Mailing Address: P.O. Box 521550. Doral; Florida 33152-1550; 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 in accordance with the provisions of §100.342. Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. 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 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 3RD DAY OF NOVEMBER, 2009, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: CITY CO:~'lN'1ISS10N±~'O'I'E12 APPROVAL: LEASEIDISPOSAL OF PUBLIC STREET-F,NDS BORDF.RFNG GU/GC/WA'I'E12FR0\"I' LAND SHALL CFLaI('1'ER SECTION L03 BE ANiEXnfin TO REQUIRE I:NANINIOI?S APPROVAL OF VO'T'ING CITY COhLVIISSIONERS OR VOTER AYY120VAL Y1210R TO THE SALE, EXCII:INGE, CONVF.YANCF., LF.:1SE, OR OTITER TRANSFER OF ANY CITY IN'I'F:RES'I' IN i'UBL1C S'I'REE1'-ENllS BOI2llERING LAND DESIGNATED "GOVERN~IF.NT I?SE," "GOLF CO(IRSF.," OR R'ATF.RFRON'f I:ANn, I:XCLCDL\'C: A SALE, EXCHANGE, CONVEYAlYCE, LEASE OR OTHER TRANSFER NOT TO EXCEED 10"/~ IN R'IDTIF OF SL?C.'H STREF:F-F:ND ~i'HICH ADVANCES :~ SIGNIFICANT PI:BLIC PI:RPOSE, AND F.XC.Li:niNG UNllERC;ROUNll U"I'IL1TY EASEMENTS? YES NO SECTION 7. That the official ballot to be used in the Special Election to be held on November 3, 2009, hereby called, shall be in substantially the following form. to-wit: "OFFICIAL BALLOT" fa~l'l'CONIb~llSSIONIV(ITGRAPPROVAi.: LEASE/llISPOS~LOF'POBLIC STREET-):\DS BORllERING CU/GC/W':1TF.RFRON'1' LANll SHALL CEL~RTER SF.CTiON 1.113 BE AMENDED TO RF.QOIRE UNANIMOUS APPROVAL OF VOTING CITY COh'LLIISSIONT•.RS OR VOTER AYI'ROVAL PRIOR TO TIIF. S.ALF., EXCHANGE, COXVEYANCF., LEASE, OR OTHER T1tANSFER OF' A\Y CITY IN'I'EI2ES'1' IN PUBLIC STRF.F.T-ENDS BO12llER1NG LAND DESIGN:1TF.D `GOVEI2N~IENT i:SE,' •`GO1:F COUILSE,' OR WATERFRONT LAND, EXCLIaiNG A SALE, EXCHANGE, CONVIa'ANCE, LEASE OR OTHER TR:1NSFRK NOT 1'O EXCEEll IU'%, I\ WIDTH OF SUCH S'1'12EET-END WIIIC'Ii ADVANCES A SIGNIFICANT PUBLIC PI:RPOSF., A\D EXCLUllING I:NDERGROI?ND L?'1'ILI'I'Y EASEMENTS? YES NO SECTION 8. That the 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 respectto 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 orfirms, 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 noway affect the validity of the remaining portions of said ballot measure. SECTION 11. This resolution shall be effective immediately upon its passage. 2009-27134 PASSED and ADOPTED this 15th day of July , 2009. ATTEST: MAT I HERRE~2A BOWER MAYOR A //. ~~~~~~~~~ ~~~~~t ROBERT PARCHER CITY CLERK (Requested by Vice-Mayor Victor M. Diaz and recommended by Land Use & Development Committee i^i?~JV, ~ (,F,.t~GliliGE & FOic EXECf1TiCN J 1S 4 ~' r Porrccl' D o F:~a-W'ALL:ELECTION'.RESO'.Ch1 i~35llCelOnA'-'oatl~at tlGG OFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower Members of the City Commission City Manager Jorge M. Gonzalez FROM: Jose Smith~u~ ~~ ~ _ City Attorney DATE: July 15, 2009 SUBJECT: A RESOLUTION CALLING FORA NOVEMBER 3, 2009 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER MIAMI BEACH CITY CHARTER SECTION 1.03 SHOULD BE AMENDED TO REQUIRE CITY COMMISSION'S UNANIMOUS (717} APPROVAL PRIOR TO THE SALE, EXCHANGE, CONVEYANCE, LEASE, OR OTHER TRANSFERS OF ANY CITY INTEREST IN ANY PUBLIC STREET-END BORDERING LAND DESIGNATED "GOVERNMENT USE," "GOLF COURSE," OR WATERFRONT LAND, WITH THE SOLE EXCEPTION OF A SALE, EXCHANGE, CONVEYANCE, LEASE OR OTHER TRANSFER NOT TO EXCEED 10% IN WIDTH OF SUCH STREET-END WHICH ADVANCES A SIGNIFICANT PUBLIC PURPOSE. Pursuant to the request of Vice-Mayor Victor M. Diaz, and as recommended by the Land Use & Development Committee at its July 1, 2009 meeting, the attached Resolution has been drafted calling for a November 3, 2009 Special Election to consider the following ballot question amending the Miami Beach City Charter: SHALL CITY CHARTER SECTION 1.03 BE AMENDED TO REQUIRE CITY COMMISSION'S UNANIMOUS (7/7} APPROVAL PRIOR TO THE SALE, EXCHANGE. CONVEYANCE, LEASE. OR OTHER TRANSFERS OF ANY CITY INTEREST IN ANY PUBLIC STREET-END BORDERING LAND DESIGNATED 'GOVERNMENT USE." "GOLF COURSE," OR WATERFRONT LAND, WITH THE SOLE EXCEPTION OF A SALE, EXCHANGE, CONVEYANCE, LEASE OR OTHER TRANSFER NOT TO EXCEED 10% IN WIDTH OF SUCH STREET- END WHICH ADVANCES A SIGNIFICANT PUBLIC PURPOSE? The attached Resolution is in proper form and is thus ready for the City Commission's review. Agenda item R7F Fralto'ALIJtELECTIONtRESOtCMEMOIChi 03 StendsnovballotDiaz.doo Date 7-I S•-O~ Convention Center Parking Lots: All City-owned surface parking lots located in the Civic and Convention Center District, generally bounded by Lincoln Lane on the South, Washington Avenue on the East, Meridian Avenue on the West and Dade Boulevard on the North; and (5) Lincoln Road Parking Lots: All City-owned surface parking lots in the vicinity of Lincoln Road located within the area bounded by 17th Street on the North, Euclid Avenue on the East. 16th Street on the South, and West Avenue on the West. 3. The sale, exchange, conveyance or lease of ten years or longer of all remaining City-owned property (other than public beach rights-of-way -- see (d) herein below) shall, as provided by Ordinance, require approval by a majority (417) vote of all members of the Planning Board and five-sevenths vote of all members of the City Commission. 4. The terms of this Charter section shall not apply to any valid written contractual commitments or bids or bonded indebtedness, which commitments. bids or indebtedness existed prior to January 14, 2004; nor shall this Charter section apply to any City property which is the subject of a settlements of a claim which the City had notice of as of January 14, 2004. (c) The floor area ratio of any property or street end within the City of Miami Beach 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. The provision shall not preclude or otherwise affect the division of lots, or the aggregation of development rights on unified abutting parcels, as may be permitted by ordinance. In addition, this provision shall not apply to settlements of any claims the City has notice of as of December 10, 2003. 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 a ballot and the adoption of this Amendment shall be enforced against the City of Miami Beach. (d) Public Beach Rights-of--Way. The sale, exchange, conveyance, lease: or any other transfer of any City interest in a public beach right-of-way (extending eastward from Collins Avenue/Ocean Drive to the erosion control line) shall require approval by a majority vote of the voters in a Citywide referendum, excluding permits of no greater than one year, and excluding the sale, exchange. conveyance, lease or any other transfer not exceeding 10% in width of such public beach right-of-way. fe) Public Street-Ends Bordering GU, GC or Waterfront Land. The sale, exchange, conveyance, lease, or anv other transfer of anv City interest in anv public street-end bordering on land designated "Government Use", "Golf Course" or Waterfront land, shall require either the unanimous approval of those members of the City Commission with power to vote or approval by a majority vote of the voters in a Citywide referendum, excluding a sale, exchange, conveyance, (ease, or any other transfer not exceeding 10% in width of such street-end which advances a significant public purpose, and excluding underground utility easements. priatvi•.OI J I'•,f'LF.C'n0\'•RFtif Y.lT7E\f0'•.eY 1 [V <I:n3>\~ovQall°: Cliaz Qu:3lion :mil lrsldi~ PROPOSED BALLOT QUESTION AND TEXT - NOVEMBER 3, 2009 SPECIAL ELECTION 1. PROPOSED BALLOT QUESTION: CITY COI\1~IISSION/VOTF.R APPROVAL: LL•'ASE/nISP04AL OF PUBLIC' S"I'IiEL'T-ENDS BORDF.RLNG GU/GC./~b':~TF.RFRON'I' L.aNU SHALL CE1:IRTF.R SEC'1'lON 1.03 BE :1NIFNDEn 'TO REQUIRF. UN.4\IDfOUS Al'1'ROV:1L OF VOTLNG Cl'1'Y C0~9MISSiONERS Oli VOTER APPROVAL YRIOR TO TLiF SALE, EXCH:INGF., CO!V~'EYANCE, LEASE, OR OTHER TRANSFER OF ANY CI"I'Y INTEREST IN PUBLIC S'1'I2FF.T-F.Nns BORllERING LANs nF.SIGNA'I'Ell "GOYERN11~7F.N"T L?SE," "GOLF COURSE," OR W'ATF.RFRONT LANll, EXCLUDING A SALE, EXCII:1NC,F„ CON~'E:YANCE, LEASE OR OTHER 'TRANSFER NOT TO E\CEEll 10%, IN WIDTH OF SUCH STREET-ENn ~4'HK'H AllVANCT•.S :1 SIGN'IFIC:~N'I' PIIBLiC PLT2POSE, ANn F.XCLUll1NG UNDERGROUN'U L-TILI'1'Y EASEMENTS? NO 11. PROPOSED CHARTER TEXT: Sec. 1.03. Powers of city. (b) Alienability of property. 1. The only limitation concerning alienability of City-owned park, recreation or waterfront property is the restriction of the sale, exchange, conveyance or lease of ten (10) years or longer (including option periods) of park, recreation, or waterfront property 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. This provision shall be liberally construed in favor of the preservation of all park, recreation and waterfront lands. 2. The sale, exchange, conveyance or lease of ten years or longer of the following properties shall also require approval by a majority vote of the voters in a City-wide referendum: (1)Lots West of the North Shore Open Space Park: All City-owned property bounded by 87th Street on the North, Collins Avenue on the East. 79th Street on the South, and Collins Court on the West; (2) Cultural Campus: All City-owned property bounded by 22nd Street on the North, Park Avenue on the West, 21st Street on the South, and Miami Beach Drive on the East: (3) 72nd Street Parking Lot: The City-owned surface parking lot bounded by 73 rd Street on the North, Collins Avenue on the East, 72nd Street on the South, and Harding Avenue on the West: (4)