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2003-25441 ResoRESOLUTION NO. 2003-25441 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 THE ATLANTIC OCEAN, GOVERNMENT CUT, INDIAN CREEK, OR BISCAYNE BAY, BE EXPANDED TO APPLY 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), AND SETTLEMENT OF CLAIMS THE CITY HAS NOTICE OF AS OF DECEMBER 10, 2003. 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. 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 foims 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 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 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: VOTER APPROVAL 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 THE ATLANTIC OCEAN, GOVERNMENT CUT, INDIAN CREEK, OR BISCAYNE BAY, BE EXPANDED TO APPLY 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), AND SETTLEMENT OF CLAIMS THE CITY HAS NOTICE OF AS OF DECEMBER 10, 2003? 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 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: VOTER APPROVAL 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 THE ATLANTIC OCEAN, GOVERNMENT CUT, INDIAN CREEK, OR BISCAYNE BAY, BE EXPANDED TO APPLY 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), AND SETTLEMENT OF CLAIMS THE CITY HAS NOTICE OF AS OF DECEMBER 10, 2003? YES NO SECTION 8. Absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of thc 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 .10th day ~, 2003. k~ ' MAYOR ATTEST: CITY CLEm4 F:xatto\OLi jX, ELECTiON%RE SO~FI oor Area Ratio Referendum (3) Rev. 12-9-03.doc 4 APPROVED A~ TO FORM & L.ANGUAG~ & FOR EXEGUTIOII CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 F~ www.miamibeachfl.gov ~ To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Chairman Steve Zack Vice-Chair Jonathan Beloff Member of the Board Ricky Arriola Member of the Board Victor Diaz Member of the Board Honorable Seymour Gelber Member of the Board Larry Herrup Member of the Board Abraham Laeser Date: December 10, 2003 Appointed by Mayor Dermer Appointed by Commissioner Gamia Appointed by Commissioner Cruz Appointed by Commissioner Bower Appointed by Commissioner Gross Appointed by Commissioner Steinberg Appointed by Commissioner Smith 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 onNovember 6, 2003, resulting in the following recommended changes to the City Charter: * Zonin~ Reform - amending City Charter Section 1.03 (c) to expand the current requirement of voter approval prior to any increase in floor arearatio on certain water[ront property within the City of Miami Beach to all property within the City; and * Lon.q Term Economic Impact- amending Charter V~ regarding"Budget and Finance" to require that the City Commission consider the long term economic impact (at least 5 years) of legislative acts involving the allocation of funds. At the July 30, 2003 City Commission Meeting, the following issues were presented to the City Commission by the Charter Review Board for consideration. The City Commission did not place these issues on the November 4 ballot and indicated that these issues might be considered for a future ballot after the November 4, 2003 Special Election. The issues are: 1) Amending Charter Bill of Rights, re: "Natural Resources & Scenic Beaut,j'; 2) Amending Charter .§4.02 (i), by deleting requirement for City Attorney approval of City Manager's contract negotiations; and 3) Amending Related Special Acts do delete Article II "Public Library" and Article III "Municipal Projects", as obsolete and redundant. 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 is only one regularly-scheduled City Commission meeting prior to January 9, 2004 (December 10), the attached resolutions are presented herein for City Commission Review. ~ This proposal was previously presentedto the City Commission for its review at its July 30, 2003 Commission Meeting; the City Commission opted to reserve this issue for later consideration. Agenda Item /~ ~'~-~" Date /.Z ~/¢~P/~ T:~AGENDA~2003\decl003\regular\Charter Review Board Resolutions.doc MURRAY H. DUBBIN City Attorney OFFICE OF THE CITY ATTORNEY Telephone: Telecopy: (305) 673-747O (305) 673-7002 TO: FROM: SUBJECT: COMMISSION MEMORANDUM DATE: December 10, 2003 Mayor David Dermer and Members of the City Commission Murray H. DubbinAI ] ~ City Attorney ' ~ ~ 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:\atto\tum\commmemo\charter amdt. and 3-9-94 special election-2.doc 1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Date: December 10, 2003 Chairman Steve Zack Vice-Chair Jonathan Beloff Member of the Board Ricky Arriola Member of the Board Victor Diaz Member of the Board Honorable Seymour Gelber Member of the Board Larry Herrup Member of the Board Abraham Laeser CHARTER REVIEW BOARD - MONDAY, DECEMBER 8, 2003 MEETING - REPLACEMENT RESOLUTIONS The Charter Review Board met on Monday, December 8, 2003, and discussed, in part, amendments to City Charter Sections 1.03(b) (requiring voter approval prior to disposal of City-owned park, recreation, or waterfront property) and 1.03(c) (requiring voter approval prior to increase in floor area ratio of certain waterfront properties). In order to reflect the Board's actions of December 8, 2003, the attached resolution shall substitute as the recommendation of the Charter Review Board regarding Agenda Item R9C and Charter section 1.03(c). The Board's proposed amendments to City Charter Section 1.03(b) are in the process of being prepared and will be distributed at the December 10, 2003 City Commission meeting. City Clerk's Office T:~AGENDA~003~decl003~'egular~Charter Review Board 1.03.doc 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 MAY BE INCREASED ON PROPERTIES ADJACENT TO THE ATLANTIC OCEAN, GOVERNMENT CUT, INDIAN CREEK, OR BISCAYNE BAY, BE EXPANDED TO APPLY 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), AND SETTLEMENT OF CLAIMS THE CITY HAS NOTICE OF AS OF DECEMBER 10, 2003? 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 adjacent-rathe ~t~_,;c c, .... r._ ........ , ~,., T.,~;~ ,~-~ ~- D; ...... ~" 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 of lots, or the a~gre~ation 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 Beach C~ty Commission for placement on ................. .vv ~ a measure is approved by the Miami ' · · ,~.~ x~ ..... ~.~ ~ ,mn~ ballot and the adoption of this Amendment shall be enforced against the City of Miami Beach.