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2015-29103 Reso RESOLUTION NO. 2015-29103 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 3, 2015 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(b)(4) SHOULD BE AMENDED TO REQUIRE A 417TH PLANNING BOARD VOTE AND A 718TH VOTE OF THE MIAMI BEACH REDEVELOPMENT AGENCY TO APPROVE THE SALE, EXCHANGE, CONVEYANCE OR LEASE OF 10 YEARS OR LONGER OF PROPERTY OWNED BY THE MIAMI BEACH REDEVELOPMENT AGENCY. 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, 2015, 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 as determined by the Miami-Dade County Election Officials as set forth in the attached Exhibit "A". I 1 To date, the City of Miami Beach has not received from the Miami-Dade County Elections Department the final list of polling places for the City's November 3,2015 Special Election. Accordingly, attached to this Resolution is a list of polling places from the City's November 2014 Special Election, which upon receipt from the County, will be superseded by the Department of Elections' list of polling places for the City's subject November 3, 2015 Special Election, which list of polling places for the City's November 3, 2015 Special Election will be publicly noticed by the City. SECTION 4. Not less than thirty days notice of the adoption of this Resolution and of its provisions calling this Special Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami.Beach. SECTION 5. 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, 2015, 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(b)(4)to Provide for Alienability of Miami Beach Redevelopment Agency ("Agency") Property. Charter Section 1.03(b)(4) requires the sale, exchange, conveyance or lease of ten years or longer of City-owned property (not requiring voter approval or otherwise addressed in City Charter) to be approved by Planning Board's 4/7 vote and City Commission's 6/7 vote. Should Section 1.03(b)(4) be amended to require Planning Board's 4/7 vote and Miami Beach Redevelopment Agency's 7/8 vote to approve sale, exchange, conveyance or lease of ten years or longer of Agency property? YES NO Said Notice shall further set forth the several polling places in the election precincts as established in accordance with Section 3 hereof, and shall further set forth pertinent information regarding eligibility of electors to participate in said elections. 2 SECTION 6. That the official ballot to be used in the Special Election to be held on November 3, 2015, hereby called, shall be in substantially the following form, to-wit: "OFFICIAL BALLOT" Amending Charter Section 1.03(b)(4) to Provide for Alienability of Miami Beach Redevelopment Agency ("Agency") Property. Charter Section 1.03(b)(4) requires the sale, exchange, conveyance or lease of ten years or longer of City-owned property (not requiring voter approval or otherwise addressed in City Charter) to be approved by Planning Board's 4/7 vote and City Commission's 6/7 vote. Should Section 1.03(b)(4) be amended to require Planning Board's 4/7 vote and Miami Beach Redevelopment Agency's 7/8 vote to approve sale, exchange, conveyance or lease of ten years or longer of Agency property? YES NO SECTION 7. The form of the ballots to be used in this Special Election and their preparation shall be in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. SECTION 8. 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. The Miami-Dade County Supervisor of Elections will register voters for this Special Election until 5:00 p.m. on October 5, 2015. All persons eligible to vote at this Special Election must be registered before the time and date set forth herein or have registered previously, as provided by law. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning 3 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. 87th Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 9. 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 10. 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 11. If any section, sentence, clause or phrase of the ballot measure set forth above in this Resolution 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 12. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this 3 / day of , 2015. ATTEST: ;° ;f . if 47 PHILIP L IN's " MAYOR �;. RA-AEL E. RANA.O SCITY CLERK f \ •!��,�►`' �P.• •'''•.. .. r APPROVED AS TO �. _ FORM & LANGUAGE (Sponsored by Commi-=loner � r�. cod" &FOR EXECUTION INCORP )ORATED: _ 3\1,seo, ____ • 1 4'k - City Attorney Dote lor F:\ATTO\TURN\ELECTIONS\Spe 4l�le s,Re rte,F'S `9 3(b)(4)Nov.3,2015.docx . '4n-I' H 6 4 PROPOSED BALLOT TITLE AND BALLOT SUMMARY NOVEMBER 3, 2015 SPECIAL ELECTION PROPOSED BALLOT TITLE AND BALLOT SUMMARY: Amending Charter Section 1.03(b)(4) to Provide for Alienability of Miami Beach Redevelopment Agency ("Agency") Property. Charter Section 1.03(b)(4) requires the sale, exchange, conveyance or lease of ten years or longer of City-owned property (not requiring voter approval or otherwise addressed in City Charter) to be approved by Planning Board's 4/7 vote and City Commission's 6/7 vote. Should Section 1.03(b)(4) be amended to require Planning Board's 4/7 vote and Miami Beach Redevelopment Agency's 7/8 vote to approve sale, exchange, conveyance or lease of ten years or longer of Agency property? YES NO II. 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 73rd Street on the North, Collins Avenue on the East, 72nd Street on the South, and Harding Avenue on the West; and (4) 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 the following properties shall require approval by vote of at least sixty (60) percent of the City's voters voting thereon in a City-wide referendum: (1) 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; (2) Convention Center Campus: All City-owned property, except for the Convention Center and Carl Fisher Club House, located within the Civic and Convention Center District (includes City Hall, 1701 Meridian Street, 555 17th Street, 21st Street Community Center, The Fillmore Miami Beach/Jackie Gleason Theater, and the 17th Street Parking Garage). All local laws, charter provisions and ordinances of the City in conflict with this provision are hereby repealed. This provision shall become effective immediately upon acceptance of the certification of election results by the City Commission. 4. 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, and other than those properties addressed more specifically in this Charter section 1.03) shall, as provided by Ordinance, require approval by a majority 4/7 vote of all members of the Planning Board and 6/7 vote of the City Commission. The sale, exchange, conveyance or lease of ten years or longer of property owned by the Miami Beach Redevelopment Agency (Agency) shall require approval by a majority 4/7 vote of all members of the Planning Board and 7/8 vote of the Agency. 5. 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. 2 (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. (e) Public Street-Ends Bordering GU, GC, or Waterfront Land. The sale, exchange, conveyance, lease, or any other transfer of any City interest in any 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, lease, or any other transfer not exceeding 10% in width of such street-end which advances a significant public purpose, and excluding underground utility easements. F:WTTO\TURN\ELECTIONS\Special Election Charter Sec 1.03(b)(4)Text.docx 3 MIAMI ._ MIAMI BEACH SPECIAL ELECTION NOVEMBER 4, 2014 MIAMI BEACH PRECINCTS LIST PCT Place Name Location PCT Place Name Location 011.0 Biscayne Elementary 800 77m Street 031.0 Miami City Ballet 2200 Liberty Avenue School 013.0 North Shore Branch 7501 Collins Avenue 032.0 Miami Beach Regional 227 22"a Street Library Library 014.0 North Shore Park Youth 501 72"a Street 033.0 Miami Beach Senior 2231 Prairie Avenue Center High School 015.0 Normandy Shores Golf 2401 Biarritz Drive 036.0 Miami Beach Police 999 11m Street Club Athletic League 018.0 Indian Creek Fire Station 6880 Indian Creek 037.0 Miami Beach City Hall 1700 Convention #4 Drive Center Drive 019.0 Normandy Park&Pool 7030 Trouville 038.0 Veterans Foreign War 650 West Avenue Esplanade Post#3559 020.0 Ronald W. Shane Center 6500 Indian Creek 040.0 South Pointe Elementary 1050 411"Street Drive School 022.0 Miami Beach Fire Station 5303 Collins Avenue 041.0 South Shore Community 833 6u1 Street#2 #3 Center 023.0 Miami Beach Fire Station 5303 Collins Avenue 042.0 Feinberg Fisher K-8 601 149" Place #3 Center School 024.0 Nautilus Middle School 4301 N. Michigan 043.0 Miami Beach Police 1100 Washington I Avenue Department Avenue 025.0 St.Johns on the Lake 4760 Pine Tree Drive 044.0 South Pointe Park 1 Washington Methodist Church Community Center Avenue 028.0 Temple Beth Sholom 4144 Chase Avenue - 047.0 Rebecca Towers 200 Alton Road 029.0 North Beach Elementary 4100 Prairie Avenue 048.0 Rebecca Towers 200 Alton Road School 030.0 Miami Beach Botanical 2000 Convention Garden Center Drive Please note that the above list is subject to change, if needed. The voting precincts for the November 4, 2014 City of Miami Beach Special Election shall be as established by the proper and appropriate Miami-Dade County election officials. On Election Day, all electors shall vote at the polling places and the voting precincts in which the official registration books show that said electors reside. Please note that the above list is subject to change. All questions concerning polling places and voting precincts should be directed to Miami-Dade County Elections Department, 2700 NW 87 Avenue, Doral, Florida 33172; Telephone: 305.499.VOTE(8683)or 305.499.8480 TYY. Rafael E.Granado,City Clerk City of Miami Beach EXHIBIT A i AMMO. ��► C I..irumMr I915•2C15 MIAMI.'''+I B E. , H OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM TO: Mayor Philip Levine Members of the City Commission City Manager Jimmy Morales FROM: Raul J. Aguila, City Attorn e c n C��July 31, 2015 SUBJECT: RESOLUTION CALLING FOR A NOVEMBER 3, 2015 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(b)(4) SHOULD BE AMENDED TO REQUIRE A 417TH PLANNING BOARD VOTE AND A 718TH VOTE OF THE MIAMI BEACH REDEVELOPMENT AGENCY TO APPROVE THE SALE, EXCHANGE, CONVEYANCE OR LEASE OF 10 YEARS OR LONGER OF PROPERTY OWNED BY THE MIAMI BEACH REDEVELOPMENT AGENCY. Pursuant to the request of Commissioner Michael Grieco, the attached Resolution has been prepared calling for a City of Miami Beach Special Election to be held on November 3, 2015 for the purpose of submitting to the City's voters the following question: Amending Charter Section 1.03(b)(4) to Provide for Alienability of Miami Beach Redevelopment Agency ("Agency") Property. Charter Section 1.03(b)(4) requires the sale, exchange, conveyance or lease of ten years or longer of City-owned property (not requiring voter approval or otherwise addressed in City Charter) to be approved by Planning Board's 4/7 vote and City Commission's 5/7 vote. Should Section 1.03(b)(4) be amended to require Planning Board's 4/7 vote and Miami Beach Redevelopment Agency's 7/8 vote to approve sale, exchange, conveyance or lease of ten years or longer of Agency property? This proposal seeks to amend Section 1.03(b)(4) of the City's Charter by providing that the sale, exchange, conveyance or lease of ten years or longer of property owned by the Miami Beach Redevelopment Agency (Agency) shall require approval by a majority 4/7 vote of all members of the Planning Board and a 7/8 vote of the Agency. This requirement would be comparable to the provisions in Charter Section 1.03(b)(4) which require a 4/7 vote of all members of the Planning Board and a 6/7 vote of the City Commission to approve the sale, exchange, conveyance or lease of City-owned properties that do not require voter approval and that are not otherwise addressed in Charter Section 1.03. The requisite Agency vote would be Agenda Item R 7 F Date 7-3/-/S- -4 November 3, 2015 Special Election July 31, 2015 Page 2 7/8 due to the fact that the Agency has eight members.' Currently, the City Charter does not address requirements for the alienation of property owned by the Agency; however, the provisions in Chapter 82, Article II, of the City Code, entitled "Sale or Lease of Public Property," have been interpreted to apply to the sale or lease of Agency property and the requirements therein have been utilized when Agency property has been sold or leased. Pursuant to Article II of Chapter 82 of the City Code, the requirements for the sale or lease of City and Agency properties include review by the City's Finance and Citywide Projects Committee and a public hearing; a written analysis by the City's Planning Department for the sale or lease of property for a term of more than ten years; and an advertised public bidding process and an independent appraisal requirement, both of which may be waived upon a determination that the public interest would be served by such waiver. The proposed amendment to Section 1.03(b)(4) would specifically provide for a requirement in the City's Charter of a 4/7 Planning Board vote and a 7/8 Agency vote to approve the sale, exchange, conveyance or lease of ten years or longer of Agency property. Pursuant to directive of the Miami-Dade County Elections Department, the final date by which the City may adopt Resolutions placing ballot measures on the November 3, 2015 ballot is September 4, 2015. Accordingly, this Resolution is timely presented to the City Commission for adoption. F:WTTO\TURN\COMMMEMO\Spec Election Memo Charter Sec. 1.03(b)(4)Nov.3,2015.docx 1 Pursuant to the Third Amendment to the Interlocal Cooperation Agreement between Miami-Dade County, the City of Miami Beach, and the Miami Beach Redevelopment Agency dated January 20, 2015, the membership of the Agency was expanded to include one County Commission member for County Commission District 5 in addition to the seven City Commission members.