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2012-27963 Reso RESOLUTION NO .1 2012 -27963 A RESOLUTION CALLING FOR A NOVEMBER 6, 2012 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER THE MIAMI BEACH CITY CHARTER SECTION 1.06 SHOULD BE CREATED TO REQUIRE THAT ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 OF THE CITY CODE ( "HISTORIC PRESERVATION BOARD "), OR TO CHAPTER 118, ARTICLE X, DIVISIONS 1 -4 ( "HISTORIC PRESERVATION "), THAT REDUCES THE POWERS AND DUTIES OF THE BOARD, OR CREATES LESS STRINGENT HISTORIC PRESERVATION STANDARDS OR REGULATIONS, SHALL, BEFORE BECOMING EFFECTIVE, BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? 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 6, 2012, 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, 2700 N.W. 87 Avenue, Doral, Florida 33172; Telephone: (305) 499 -VOTE (8683). 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 §50.031 and §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 6 DAY OF NOVEMBER, 2012, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: VOTER APPROVAL REQUIRED TO REDUCE HISTORIC PRESERVATION BOARD POWERS AND DUTIES OR HISTORIC PRESERVATION STANDARDS. SHALL CHARTER SECTION 1.06 BE AMENDED TO REQUIRE THAT ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 ( " HISTORIC PRESERVATION BOARD ") OR TO CHAPTER 118, ARTICLE X, DIVISIONS 1 -4 ( " HISTORIC PRESERVATION ") OF THE CITY CODE, WHICH REDUCES THE POWERS AND DUTIES OF THE BOARD, OR CREATES LESS STRINGENT HISTORIC PRESERVATION STANDARDS OR REGULATIONS, SHALL, BEFORE BECOMING EFFECTIVE, BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? YES NO SECTION 7. That the official ballot to be used in the Special Election to be held on November 6, 2012, hereby called, shall be in substantially the following form, to -wit: 2 "OFFICIAL BALLOT" VOTER APPROVAL REQUIRED TO REDUCE HISTORIC PRESERVATION BOARD POWERS AND DUTIES OR HISTORIC PRESERVATION STANDARDS. SHALL CHARTER SECTION 1.06 BE AMENDED TO REQUIRE THAT ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 ( "HISTORIC PRESERVATION BOARD"), OR TO CHAPTER 118, ARTICLE X, DIVISIONS 1 -4 ( "HISTORIC PRESERVATION "), OF THE CITY CODE, WHICH REDUCES THE POWERS AND DUTIES OF THE BOARD, OR CREATES LESS STRINGENT' HISTORIC PRESERVATION STANDARDS OR REGULATIONS, SHALL, BEFORE BECOMING EFFECTIVE, BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? 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 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 18th day Jul , 2012. ATTEST: Jorge R. Exposito - — �- Vice -Mayor F ) O, I Y CLERK APPROVED AS TO ��'•'' FORM & LANGUAGE :y & FOR EXEC TI N { Pr ay_ 1 Matti Herrera Bower) RATED: 7C i Attorney ate K 012\7- 16 - -12\ lot Question - Historic Preservation Reso (7- 18 -12) REV3.doc 0 NCH ` 3 PROPOSED BALLOT TITLE AND BALLOT SUMMARY NOVEMBER 6, 2012 SPECIAL ELECTION I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY: VOTER APPROVAL REQUIRED TO REDUCE HISTORIC PRESERVATION BOARD POWERS AND DUTIES OR HISTORIC PRESERVATION STANDARDS. SHALL CHARTER SECTION 1.06 BE AMENDED TO REQUIRE THAT, ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 ( "HISTORIC PRESERVATION BOARD "), OR TO CHAPTER 118, ARTICLE X, DIVISIONS 1 -4 ( "HISTORIC PRESERVATION "), OF THE CODE, WHICH REDUCES THE POWERS AND DUTIES OF THE BOARD, OR CREATES LESS STRINGENT HISTORIC PRESERVATION STANDARDS OR REGULATIONS, SHALL, BEFORE BECOMING EFFECTIVE, BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? YES NO II. PROPOSED CHARTER TEXT: Sec. 1.06. Public vote required prior to enacting reduced powers and duties for Historic Preservation Board, or less stringent historic preservation standards or regulations. Any change to City Code Chapter 118, Article II, Division 4, "Historic Preservation Board," or City Code Chapter 118, Article X, Divisions 1 -4, "Historic Preservation," which, whether through amendment, exemption, repeal, or otherwise, reduces the powers and duties of the City's Historic Preservation Board, or creates less stringent historic preservation standards or regulations, shall, before becoming effective be approved by a majority of the voters in a Citywide referendum. T:WGENDA\2012 \7 -18 -12 \Election Proposed Ballot Question and Text (2012) - Historic Preservation (7- 18 -12) REV3.doc COMMISSION ITEM SUMMARY Condensed Title: A Resolution calling for a November, 6, 2012 special election, for the purpose of submitting to the electorate of the City of Miami Beach, Florida a question asking whether the. Miami Beach City Charter section 1.06 should be created to require that any change to Chapter 118, Article II, Division 4 of the City Code ( "Historic Preservation Board "), or to Chapter 118, Article X, Divisions 1 -4 ( "Historic Preservation "), that reduces the powers and duties of the board, or creates less stringent Historic Preservation standards or regulations, shall, before becoming effective, be approved by a majority of voters in a Citywide election? A Resolution calling for a November 6,'2012 special election, for the purpose of submitting to the electorate of the City of Miami Beach; Florida a question asking whether Miami Beach City Charter section 1.03 should be amended to require that any change to the city's land development regulations that allows increased maximum building heights in local historic districts shall, before becoming effective, be approved by a majority of voters in a Citywide election? Key Intended Outcome Supported: Maintain strong Development Management Policies Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Whether to Adopt the Resolutions? Item Summa /Recommendation: The proposed Charter amendments will require that any ordinance amendment to the LDR's that either reduce the powers and duties of the Historic Preservation Board or that create less stringent historic preservation standards or regulations or that increase the maximum building height in local historic districts must first be approved by a majority of votes in a Citywide election. ADOPT THE RESOLUTIONS. Advisory Board Recommendation: Joint Neighborhoods / Community Affairs & Land Use and Development Committees Financial Information: Source of Amount Account Funds: 2 3 OBPI Total .Financial Impact Summary: City Clerk's Office Legislative Tracking: Jorge Gomez, ext. 6150 Sign-Offs: :Department Director , Ass1W ity Manager City Manager JGG 4Y14 KGB TAAGENDA\2012 \7 -18 -12 \Height and HP Ballot Questions Summary.docx AGENDA ITEM MIAMBEACH DATE 7 -1 g -/ z MIAMI.BEACH COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager DATE: July 18, 2012 SUBJECT: A RESOLUTION CALLING FOR A NOVEMBER 6, 2012 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA _A QUESTION ASKING WHETHER THE MIAMI BEACH CITY CHARTER SECTION 1.06 SHOULD BE CREATED TO REQUIRE THAT ANY CHANGE TO CHAPTER 118, ARTICLE II, DIVISION 4 OF THE CITY CODE ( "HISTORIC PRESERVATION BOARD "), OR TO CHAPTER 118, ARTICLE X, DIVISIONS 1 -4 ( " HISTORIC PRESERVATION "), THAT REDUCES THE POWERS AND DUTIES OF . THE BOARD, OR CREATES LESS STRINGENT HISTORIC PRESERVATION STANDARDS OR REGULATIONS, SHALL, BEFORE BECOMING EFFECTIVE, BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? - A RESOLUTION CALLING FOR A NOVEMBER 6, 2012.SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER MIAMI BEACH CITY CHARTER SECTION 1.03 SHOULD BE AMENDED TO REQUIRE THAT ANY CHANGE TO THE CITY'S LAND DEVELOPMENT REGULATIONS THAT ALLOWS INCREASED MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL, BEFORE BECOMING EFFECTIVE, BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? ADMINISTRATION RECOMMENDATION Adopt the resolutions and refer. the attached ordinance to the Planning Board with a review, by the Historic Preservation Board prior to City Commission First Reading. BACKGROUND The proposed amendment was originally referred to a joint : meeting of the Neighborhoods /Community Affairs and Land Use Committees by the City Commission on June 1, 2011, at the request of Mayor Bower. The Joint Committee met on July 7, 2011 and considered two specific charter amendments requiring voter approval before allowing increased_ building heights or enacting less stringent standards for historic preservation. After discussing the' issues, the Joint Committee passed a motion, by acclimation, moving the item to the full Commission without a recommendation. Memorandum to the City Commission on Height and HP Ballot Questions July 18, 2012 Page 2 of 4 On July 13, 2011, the City Commission discussed the ballot questions relating to the two charter amendments and voted to defer the matter to the June 2012 Commission Meeting. Furthermore, Mayor Bower requested that the Land Use and Development Committee and the Neighborhood /Community Affairs Committee discuss, the proposed charter amendments no.later than May 2012 in order for the item to be ready for presentation at the June 2012 Commission meeting. At the December 14,, 2011 City Commission meeting, Mayor Bower referred to the Land Use and Development Committee and Neighborhoods /Community Affairs Committee the two proposed charter amendments that would strengthen the existing protections for Historic Preservation In Miami Beach. At the same meeting, Commissioner Wolfson also r referred to the Land Use and Development Committee a proposal to put the Historic Preservation Board enabling language in the charter to protect the composition and existence of our city's preservation mechanism. At the March 27, 2012 Neighborhood /Community Affairs Committee (NCAC) meeting, the Committee moved to recommend the charter amendment dealing with the City's Historic Preservation process to the full City Commission for its consideration and vote on whether to place it on the August The motion also included that the. charter amendment dealing with heights return to Committee for further discussion in April. The Committee also requested that an ordinance amendment be prepared that would deal with the Board member. categories stipulating which ones the Commission. would determine would be required to formally constitute the Board and changes thereto would trigger the Charter provision of referendum. At the March 28, 2012 Land Use and Development Committee (LUDC) meeting, the Committee also moved to recommend the charter amendment dealing with Historic Preservation to the full City Commission and return to Committee in April; with further discussion on the charter amendment dealing with heights. Both Committees requested that the charter amendment dealing with heights be . presented as a series of alternatives for consideration by the LUDC and NCAC and if possible, conduct it as a joint meeting of both Committees. At a joint meeting of the Neighorhood /Comm unity Affairs and Land Use and Development Committees on April 24, 2012, the Committees recommended the subject ballot question dealing with heights for consideration by the City Commission. At the June 13, 1012 Land Use and Development Committee meeting, the item was not reached. At the May 9, 2012 City Commission meeting, a discussion regarding a possible charter amendment restricting the manner in which changes to current Land Use Regulations can be made was referred to the Land Use and Development Committee. Memorandum to the City Commission on Height and HP Ballot Questions July 18, 2012 Page 3 of 4 ANALYSIS The first proposed charter amendment; drafted in consultation with the City Attorney's Office addresses both the requests made by Mayor Bower and Commissioner Wolfson to protect the City's Historic Preservation processes. 1.` Historic Preservation Regulations CHARTER AMENDMENT REQUIRING VOTER APPROVAL ' BEFORE ENACTING LESS STRINGENT STANDARDS FOR HISTORIC PRESERVATION. SHALL THE CHARTER BE AMENDED. TO REQUIRE THAT, AFTER NOVEMBER 7, 2012, BEFORE BECOMING EFFECTIVE, ANY CHANGE TO CHAPTER 118, ARTICLE 11, DIVISION 4 OF THE CITY CODE ( "HISTORIC PRESERVATION BOARD "), OR TO CHAPTER 118, ARTICLE X, DIVISIONS 1 -4, OF THE CODE ('HISTORIC PRESERVATION "), WHICH REDUCES THE POWERS AND DUTIES OF THE BOARD, OR CREATES LESS STRINGENT HISTORIC PRESERVATION STANDARDS OR REGULATIONS, FIRST - BE APPROVED BY A MAJORITY OF - VOTERS . IN A CITYWIDE ELECTION? As discussed in Committee, this Charter amendment, not unlike the Charter provision that 'deals with the ethics ordinance, will require that any future amendment to the Land Development regulations that diminishes the powers and duties of the Historic Preservation Board or creates a less stringent historic preservation standard or regulation must be approved by referendum before it can become effective. These standards and regulations are contained in Chapter 118, Article X, Divisions I through 4 and include the intent and purpose of the Board, the Board's review of projects, the regulations pertaining to the issuance of Certificate of Appropriateness for demolition and the Boards' process for designation among others. This Charter amendment does not include' Division 5 of Article X that deals with the Single Family Ad Valorem Tax Exemption provision of the Code. This Charter provision also applies to Chapter 118, Article 11, Division 4 which include the HPB's authority, powers and duties, membership, etc. With respect to the Board membership, both NCAC and LUDC discussed the composition of the Board and if changing the membership of the Board would be considered a less stringent modification. After much discussion, Mayor Bower requested that an ordinance amendment be prepared that would define which of the 6 membership categories, if amended, would trigger the referendum. The draft Ordinance is attached and the Administration is seeking policy direction on which of the categories should be designated as "charter" .members. The second proposed charter amendment, prepared after the original referral on June 1, Was refined by the Mayor's Office in consultation with the City Attorney's Office to focus on the issue of increases to the height regulations. Memorandum to the City Commission on Height and HP Ballot Questions July 18, 2012 Page of 4 2. Height Restrictions CHARTER AMENDMENT REQUIRING VOTER APPROVAL BEFORE ALLOWING INCREASED BUILDING HEIGHTS, EXCEPT FOR CITY PROPERTY. SHALL THE CHARTER BE AMENDED SO THAT, BEFORE BECOMING EFFECTIVE, ANY CHANGE TO THE CITY'S LAND DEVELOPMENT REGULATIONS THAT ALLOWS INCREASED MAXIMUM BUILDING HEIGHTS IN LOCAL HISTORIC DISTRICTS SHALL FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE ELECTION? After discussion by both the_ LUDC and NCAC, this proposed Charter amendment was modified to deal with increases in height regulations within the City's local historic districts. This amendment would require a referendum for any proposed ordinance that would increase the maximum building height regulations for those districts within a local historic district. As discussed in Committee this would not apply to amendments that deal with the various height exemptions for those structures that may exceed the maximum building heights like chimneys, wind turbines, rooftop mechanical rooms, etc. This proposed, Charter amendment would also not apply to other height modifications that do not .change a district's maximum building heights. CONCLUSION The Administration recommends adoption of the resolutions and requests that the City Commission refer the draft ordinance amendment dealing with the Historic Preservation Board member categories and amendments thereto that trigger the referendum, to the Planning board for their required review. The Administration would also recommend that such proposed ordinance be also reviewed by the Historic Preservation Board for their comments. The deadline for placing ballot questions on the November 6, 2012, general election is July 24, 2012. KGB /J TAAGENDA\2012 \7 -18 -12 \Height and HP Ballot Questions City Commn mem 7- 18- 12.docx