R9N-Discuss- Proposed Ballot Question - City Property Valuation - Fair Market Vab MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner
DATE: June 4th, 2014
SUBJECT: Agenda item for June 1 1th ,2014 City Commission Meeting
Please place on the June 111h, 2014 City Commission Meeting, a
discussion regarding proposed ballot question "City Property Valuation -
Fair Market Value".
Attached please find proposed ballot language and proposed amended
City Charler text prepared by the City Attorney's office.
Commissioner Tobin respectfully requests a 9am time certain for this item.
lf you have any questions please do not hesitate to call our office.
Best Regards,
Dessiree Kane
on behalf of Commissioner Ed Tobin
Asenda nem R?il
oate 6-//-//987
CITY OF MIAMI BEACH CHARTER SECTION 1.03:
PROPOSED BALLOT QUESTION AND AMENDED CITY CHARTERTEXT
NOVEMBER 4,2014 SPECIAL ELECTION.
I. PROPOSED BALLOT QUESTION:
City Charter Section 1.03:
Citv Property Valuation--Fair Market Value.
Shall City Charter section 1.03 goveming "Powers of City" be amended to require that the sale, exchange,
conveyance, transfer, or lease often years or longer ofany City-owned real property interest be at no less than'fair market value, subject to waiver of said requirement by a seven-sevenths vote of the City Commission
finding such waiver to be in the public interest, following a duly noticed public hearing thereon?
Yes
No
II. PROPOSED AMENDED CITY CHARTER TEXT:
City of Miami Beach Charter:
. Sec. 1.0.1. Powers of eCity.
(a) General. The City shall have all governmental, corporate, and proprietary powers to enable it to conduct
municipal govemment, perform municipal functions, and render municipal services, and may exercise any
power for municipal purposes except as expressly prohibited by law or this Charter.
(b) Alienability of property.
l 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: (l) 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, 2lst 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 (a)
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, l6th Street on the South, and
W'est 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: (L) 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
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and Convention Center District (includes City Hall, 1701 Meridian Street, 555 lTth 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 often years or longer ofall remaining City-owned property
(other than public beach rights-of-way (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
417 vote of all members of the Planning Board and 6/7 vote of the City Commission.
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 14,2OO4; 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 ofas ofJanuary 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 ofadoption of
this Charter Amendment [November 7,20011, 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 pennitted 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 Cityvide referendum, excluding permits
of no greater than one year, and excluding the sale, exchange, conveyance, lease or any other transfer not
exceeding llYo in width of such public beach right-of-way.
($ 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 IJse",
"Go1f 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 l0o/o in width ofsuch street-
end which advances a significant public purpose, and excluding underground utility easements.
(fl Yaluing the sale, exchanpe, conveyance. transfer. or lease of ten years or longer, of a CiN real oropertv
lzferesl. The sale. exchange. conveyance. ffansfer. or lease of ten lr'ears or longer. of any City-owned real
propertv interest inclusive of but not limited to those enumerated in this section shall be at no less than fair
market value as provided bv Ordinance. The cpnditions of this subsection may be waived bv a seven-sevenths
vote of the City Commission followine a dulv notiged public hearine thereon. upon a findins by the City
Commission that the public interest would be served bv waivins such condition.
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