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HomeMy WebLinkAbout2006-26381 Reso RESOLUTION NO. 2006-26381 A RESOLUTION OF THE MA YORAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE CERTIFICATE OF THE RESULTS OF THE NOVEMBER 7,2006 SPECIAL ELECTION (RE: BALLOT QUESTIONS) FOR THE CITY OF MIAMI BEACH, AND DECLARING RESULTS THEREOF. WHEREAS, the Certification of the results ofthe City of Miami Beach Special Election (re: ballot questions) have been received and are attached hereto as Composite Exhibit "A" and are incorporated herein; and WHEREAS, said Certification reflects that: Question "A" as set forth below was approved by the electorate of the City of Miami Beach I; Question "B" as set forth below was approved by the electorate ofthe City of Miami Beach; and Question "C" as set forth below was approved by the electorate of the City of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that having canvassed the returns ofthe November 7,2006 Special Election (re: ballot questions) ofthe City of Miami Beach, it hereby adopts the certificate as to the results of said Special Election and it is hereby ordered that the Certificate of Election and this Resolution be recorded in the minutes of the meeting as a permanent record of the results of said Election; and be it further resolved that as a result of the City of Miami Beach November 7, 2006 Special Election, the votes upon the questions presented reflect the following results: I The three ballot questions have been lettered "A"; "B"; and "C"; for ease of reference herein only and were not so lettered on the ballot. Qu estion "A": PUBLIC VOTE PRIOR TO TRANSFER OF CITY INTEREST IN PUBLIC BEACH RIGHT OF WAYS SHALL MIAMI BEACH CITY CHARTER SECTION 1.03 BE AMENDED TO REQUIRE VOTER APPROV AL PRIOR TO THE SALE, EXCHANGE, CONVEYANCE, LEASE, OR OTHER TRANSFER OF ANY CITY INTEREST IN PUBLIC BEACH RIGHT OF WAYS (EXTENDING EASTWARD FROM COLLINS AVENUE/OCEAN DRIVE TO THE EROSION CONTROL LINE), EXCLUDING PERMITS OF NO GREATER THAN ONE YEAR, AND EXCLUDING THE SALE, EXCHANGE, CONVEYANCE, LEASE OR OTHER TRANSFERS NOT EXCEEDING 10% IN WIDTH OF SUCH PUBLIC BEACH RIGHT OF WAYS? 12,148 YES 2, 7 11 NO Question "B": BOARD OF ADJUSTMENT: CHANGING TERMS OF OFFICE SHALL THE CITY OF MIAMI BEACH'S RELATED SPECIAL ACTS BE AMENDED TO PROVIDE THAT COMMENCING WITH TERMS BEGINNING ON OR AFTER JANUARY 1, 2007, BOARD OF ADJUSTMENT MEMBERS' TERMS SHALL BE CHANGED FROM ONE YEAR TO TWO YEAR STAGGERED TERMS? 8,685 YES 5,131 NO 2 Question "C": BOARD OF ADJUSTMENT: RESTRICTING CERTAIN HEIGHT VARIANCES AND STORY (FLOOR) VARIANCES SHALL THE CITY'S RELATED SPECIAL ACTS, SECTION 2 REGARDING "BOARD OF ADJUSTMENT" BE AMENDED TO PROHIBIT THE BOARD FROM GRANTING ANY HEIGHT V ARIANCE GREATER THAN 3 FEET OR ANY VARIANCE FROM A PROPERTY'S ALLOWABLE NUMBER OF STORIES (FLOORS)? 9,577 YES 4,877 NO BE IT FURTHER RESOLVED AND DETERMINED that Question "A" was approved , Question "B" was approved and Question "C" was approved PASSED and ADOPTED this 8th day of November, 2006. ATTEST: htM6 f~L CITY CLERK Robert Parcher ~ ".-.,. i :..__ -, ", " "';-, "-.""P . ~,~ ''\.:2- -...-......."........- VICE-MAYOR Simon Cruz APPROVED AS TO FORM & lANGUAGE & FOR eCUTlON J.e1rlL o e JO/sc F:\attoIOLIJIELECTION\RESOIRESUL T SP ELECT NOV 2006.doc 3 OFFICE OF THE CITY ATTORNEY ~of~1lmM F L o R D A JOSE SMITH City Attorney Telephone: Facsimile: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM DATE: NOVEMBER 8,2006 TO: MAYOR DAVID DERMER MEMBERS OF THE CITY COMMISSION CITY MANAGER JORGE GO LEZ FROM: JOSE SMITH CITY ATTORN SUBJECT: CITY RESOLUTION ACCEPTING RESULTS OF THE NOVEMBER 7, 2006 SPECIAL ELECTION (RE: BALLOT QUESTIONS) AND DECLARING ELECTION RESULTS Attached hereto is a Resolution1 adopting the Certificate ofthe Results ofthe November 7,2006 Miami Beach Special Election (re: ballot questions) for the City of Miami Beach, and declaring election results. The passage ofthis Resolution effectively concludes acceptance of election returns for the City of Miami Beach's November 7,2006 Special Election (re: ballot questions). , JO/sc F:\attoIOLIJ\ELECTIONIRESO\CMEMOIResults of Sp Elect - Nov 2006,doc 1 Upon receipt and finalization on November 8, 2006 ofthe Certification of Election Results, same shall be attached to the Resolution. Agenda Item 1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Date R7A /{-<6 -oG ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Fiorida 33139, www.miamibeochfl.gov CITY CLERK'S OFFICE Tel: 305-673-7411 , Fax 305-673-7254 November 8, 2006 COpy Honorable Harvey Ruvin CLERK OF THE CIRCUIT AND COUNTY COURT MIAMI-DADE COUNTY, FLORIDA Miami-Dade County Courthouse 73 West Flagler Street, Suite # 242 Miami, Florida 33130 Honorable Clerk Ruvin: ~ oA v.t1 Pursuant to Miami-Dade County Code, Section 5:03(b) all municipal charters, amendments thereto, and repeals thereof shall be filed with the Clerk of the Circuit Court. On November 7, 2006, the electors of the City of Miami Beach approved an amendment to Miami Beach City Charter Section 1.03. Attached are the official results of said elections and the text of the amendment. Should you have any questions, please contact me at 305-673-7411 or via email at RParcher@miamibeachfl.gov. Best regards, U~6 fAAL~ Robert E. Parcher City Clerk c Jorge M. Gonzalez, City Manager, Jose Smith, City Attorney Attachments F\CLER\HA TL\Letters\Transmittal\Letter to the Clerk of the Court re Ballot Questions approved doc \lVe are comrnired to pr,-}viding excellent sen':ice and sofety jo 0/1 who live, ,.\'or~, end ,DiO~' ir, Ou! vibrc,"1t, tropical. hls'otic communi,\' PROPOSED BALLOT QUESTION AND TEXT - NOVEMBER 7,2006 SPECIAL ELECTION I. PROPOSED BALLOT QUESTION PUBLIC VOTE PRIOR TO TRANSFER OF CITY INTEREST IN PUBLIC BEACH RIGHT OF WAYS SHALL MIAMI BEACH CITY CHARTER SECTION 1.03 BE AMENDED TO REQUIRE VOTER APPROVAL PRIOR TO THE SALE, EXCH~~GE, CONVEYANCE, LEASE, OR OTHER TRANSFER OF ANY CITY INTEREST IN PUBLIC BEACH RIGHT OF WAYS (EXTENDING EASTWARD FROM COLLINS AVENUE/OCEAN DRIVE TO THE EROSION CONTROL LINE), EXCLUDING PERMITS OF NO GREATER THAN ONE YEAR, AND EXCLUDING THE SALE, EXCHANGE, C01\TVEY ANCE, LEASE OR OTHER TRANSFERS NOT EXCEEDING 10% IN WIDTH OF SUCH PUBLIC BEACH RIGHT OF WAYS? II. PROPOSED CHARTER TEXT Sec. 1.03. POWERS OF CITY. (a) General. The City shall have all governmental, corporate, and proprietary powers to enable it to conduct municipal government, 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. 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 A venue 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, 218t 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; (4) 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 right of ways - see (d) hereinbelow) 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, 200lJ, 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. @ Public Beach Right of Ways. 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 maiority 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. JO/sc F:\atto\OLlJ\pub bch right of way 5-11-Q6.doc PROPOSED BALLOT QUESTION AND TEXT - NOVEMBER 7,2006 SPECIAL ELECTION I. PROPOSED BALLOT QUESTION BOARD OF ADJUSTMENT: CHANGING TERMS OF OFFICE SHALL THE CITY OF MIAMI BEACH'S RELATED SPECIAL ACTS BE AMENDED TO PROVIDE THAT COMMENCING WITH TERMS BEGINNING ON OR AFTER JANUARY 1,2007, BOARD OF ADJUSTMENT MEMBERS' TERMS SHALL BE CHANGED FROM ONE YEAR TO TWO YEAR STAGGERED TERMS? YES NO II. PROPOSED RELATED SPECIAL ACTS TEXT Sec. 2. Appointment, composition and duties of board of adjustment. The board of adjustment shall consist of seven voting members. The members shall consist of the following: One member shall be appointed from one of the following professions or callings: Law, architecture, engineering, real estate development, certified public accounting, financial consultation, and general business. The members representing the professions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida; the memberrepresenting general business shall be of responsible standing in the community, and each member shall be bound by the requirements of the Conflict of Interest Ordinance of the city and shall be subject to removal from office for the violation of the terms thereof. No member shall have any financial or other interest in any matter coming before the board. Commencing with terms beginning on or after January 1.2007, members shall be appointed for a term of one year two year staggered term by a five-sevenths vote of the city commission. Members of the board of adjustment must be either residents or have their principal place of business in Miami Beach; provided, however, that this amendment shall not affect the term of existing members of the board of adjustment. 5 Such board of adjustment shall hear and decide appeals from, and review, any order, requirements, decision or determination made by an administrative official charged with the enforcement of the Zoning Ordinance of the City of Miami Beach. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of said Zoning Ordinance, the board of adjustment shall have the power in passing upon appeals, to vary or modify any regulations or provisions of such ordinance relating to the use, construction, or alteration of buildings or structures, or the use ofland, so that the spirit of the Zoning Ordinance shall be observed, public safety and welfare secured, and substantial justice done. In no case shall the board have any power to amend the Zoning Ordinance with reference to the use of land, or jurisdiction over any request for variance which shall constitute an amendment to the Zoning Ordinance as to the use ofland. The board shall fix a reasonable time for the hearing of any matter before it and shall give due notice thereof to the parties. Upon the hearing, any person may appear in person or by agent or by attorney. The board may require that all testimony given before it shall be under oath. Any order or decision ofthe board of adjustment shall require an affirmative five-sevenths vote of the board. The decision of the board of adjustment shall be final and there shall be no further review thereof except by resort to a court of competent jurisdiction by petition for writ of certiorari. All variance requests shall be first submitted to the city attorney for a determination whether the requested variance is properly such, and does not constitute a change or amendment to the Zoning Ordinance. The jurisdiction ofthe board of adjustment shall not attach unless and until the board has before it a written certificate ofthe city attorney that the subject matter ofthe request is properly before the board. The separate written recommendations of the planning and zoning director and of the public works director shall be before the board prior to its consideration of any matter before it. (Laws of Fla., 1923, Ch. 9837, 9 7; election of 5-29-62; election of 11-5-68; election of 4-23-70; election of 3-8-77; election of 11-1-77; Res. No. 2003-25391, election of 11-4-03) III. PROPOSED CHARTER TEXT Sec. 8.09 Removal or Replacement of Board of Adjustment Members. Commencing with terms beginning on or after, January 1, 2007, any member of the Board of Adjustment shall be subject to summary removal or replacement from office for any reason at the will of the City Commission bv a five-sevenths vote. F:\atlo\OLIJ\ELECTION\RESO\Brd of Adj Tenns and Member Status.doc 6 PROPOSED BALLOT QUESTION AND TEXT - NOVEMBER 7, 2006 SPECIAL ELECTION I. PROPOSED BALLOT QUESTION BOARD OF ADJUSTMENT: RESTRICTING CERTAIN HEIGHT VARIANCES AND STORY (FLOOR) VARIANCES SHALL THE CITY'S RELATED SPECIAL ACTS, SECTION 2 REGARDING "BOARD OF ADJUSTMENT" BE AMENDED TO PROHIBIT THE BOARD FROM GRANTING ANY HEIGHT VARIANCE GREA TER THAN 3 FEET OR ANY VARIANCE FROM A PROPERTY'S ALLOWABLE NUMBER OF STORIES (FLOORS)? II. PROPOSED RELATED SPECIAL ACTS TEXT Sec. 2. Appointment, composition and duties of board of adjustment. The board of adjustment shall consist of seven voting members. The members shall consist of the following: One member shall be appointed from one of the following professions or callings: Law, architecture, engineering, real estate development, certified public accounting, financial consultation, and general business. The members representing the professions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida; the member representing general business shall be of responsible standing in the community, and each member shall be bound by the requirements of the Conflict of Interest Ordinance of the city and shall be subject to removal from office for the violation of the terms thereof. No member shall have any financial or other interest in any matter coming before the board. Members shall be appointed for a term of one year by a five-sevenths vote of the city commission. Members of the board of adjustment must be either residents or have their principal place of business in Miami Beach; provided, however, that this amendment shall not affect the term of existing members of the board of adj ustment. Such board of adjustment shall hear and decide appeals from, and review, any order, requirements, decision or determination made by an administrative official charged with the enforcement of the Zoning Ordinance of the City of Miami Beach. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of said Zoning Ordinance, the board of adjustment shall have the power in passing upon appeals, to vary or modify any regulations or provisions of such ordinance relating to the use, construction, or alteration of buildings or structures, or the use ofland, so that the spirit of the Zoning Ordinance shall be observed, public safety and welfare secured, and substantialjustice done. In no case shall the board have any power to amend the Zoning Ordinance with reference to the use of land, or jurisdiction over any request for variance which shall constitute an amendment to the Zoning Ordinance as to the use of land, nor shall the board have power to grant a height variance greater than 3 feet or any variance from a property's allowable number of stories 5 (floors). The board shall fix a reasonable time for the hearing of any matter before it and shall give due notice thereof to the parties. Upon the hearing, any person may appear in person or by agent or by attorney. The board may require that all testimony given before it shall be under oath. Any order or decision of the board of adjustment shall require an affinnative five-sevenths vote of the board. The decision of the board of adjustment shall be final, and there shall be no further review thereof except by resort to a court of competent jurisdiction by petition for writ of certiorari. All variance requests shall be first submitted to the city attorney for a determination whether the requested variance is properly such, and does not constitute a change or amendment to the Zoning Ordinance. The jurisdiction of the board of adjustment shall not attach unless and until the board has before it a written certificate ofthe city attorney that the subject matter ofthe request is properly before the board. The separate written recommendations ofthe planning and zoning director and ofthe public works director shall be before the board prior to its consideration of any matter before it. (Laws of Fla., 1923, ch. 9837, ~ 7; election of 5-29-62; election of1l-5-68; election of4-23-70; election of3-8-77; election of 11-1-77; Res. No. 2003-25391, election of 11-4-03) F:\alto\OLIJIELECfIONIRESOlBrd of Adj Height & Floor Variances.doc 6 ** Unofficial ** Question No. 1 PUBLIC VOTE PRIOR TO TRANSFER OF CITY INTEREST IN PUBLIC BEACH RIGHT OF WAYS Shall Miami Beach City Charter Section 1.03 be amended to require voter approval prior to the sale, exchange, conveyance, lease, or other transfer of any city interest in public beach right of ways (extending eastward from Collins Avenue/Ocean Drive to the erosion control line), excluding permits of no greater than one year, and excluding the sale, exchange, conveyance, lease or other transfers not exceeding 10% in width of such public beach right of ways? YES 12,148 votes NO 2,711 votes Question No. 2 BOARD OF ADJUSTl\IENT: CHANGING TERl\'1S OF OFFICE Shall the City of Miami Beach's Related Special Acts be amended to provide that commencing with terms beginning on or after January 1,2007, Board of Adjustment members' terms shall be changed from one year to two year staggered terms? YES 8,685 votes NO 5,131 votes Question No. 3 BOARD OF ADJUSTMENT: RESTRICTING CERTAIN HEIGHT VARIANCES AND STORY (FLOOR) VARIANCES Shall the City's Related Special Acts, Section 2 regarding "Board of Adjustment" be amended to prohibit the board from granting any height variance greater than 3 feet or any variance from a property's allowable number of stories (floors)? YES NO 9")577 votes 4,877 votes ** Unofficial ** MIAMI-DADE COUNTY CANVASSING BOARD: s~. County Court Judge SHELLEY J. KRAVITZ, Chairperson Date Election Certified: November 7,2006