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2016-085-2984 - Language Approval for Ballot Amend. Sec. 9.6 of Charter RESOLUTION NO. 2016-85-2984 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING LANGUAGE IN SUBSTANTIAL FORM TO BE PLACED ON THE BALLOT TO AMEND SECTION 9.6 OF THE CITY OF MIAMI GARDENS' CHARTER; AUTHORIZING THE CITY TO RESOLVE THE PENDING LITIGATION WITH MIAMI DADE COUNTY RELATING TO SECTION 9.6 OF THE CITY'S CHARTER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens was incorporated on May 13, 2003, and WHEREAS, as a condition of incorporation, Miami Dade County included "Special Conditions" in the City's Charter, and WHEREAS, these "Special Conditions" are outlined in Article IX of the City's Charter, and the City does not have the authority to opt out of these conditions, and WHEREAS, Section 9.6 of the Charter relates to building and zoning regulations for the "Stadium Properties," and WHEREAS, the City and Miami Dade County are in disagreement as to the interpretation of Section 9.6, and WHEREAS, it is the City's position that as of December 31, 2012, all zoning and building jurisdiction vested in the City of Miami Gardens, and WHEREAS, Miami Dade County disagrees with the City's interpretation and asserts that the County continue to maintain both zoning and building jurisdiction over the property at issue regardless of the December 31. 2012 date, and WHEREAS, the City has attempted to resolve this matter with Miami Dade County, without success, and so on July 2, 2014, the City of Miami Gardens filed a lawsuit against Miami-Dade County relating to Section 9.6 of City of Miami Gardens Charter, and WHEREAS, the City has asked that the Court determine the validity of Section 9.6 of the City's Charter and to interpret this provision, and WHEREAS, the City and the County have had several meetings mandated by Florida Statutes in an effort to resolve this dispute, and WHEREAS, the City, through Mayor Gilbert, has been engaged in negotiations with Miami-Dade County as well as the owners of Dolphin Stadium to attempt to resolve the issues presented in the litigation, and WHEREAS, the parties have come to an agreement in form, with respect to the litigation, which must be approved by the parties, and WHEREAS, the first step in the process will involve amending the Section 9.6 such that the current language in Section 9.6 would be stricken and replaced with that language in substantial form as that found on Exhibit "A" attached hereto, and WHEREAS, in accordance with the proposed language, the City and the County would have joint building and zoning jurisdiction for the properties, as relates to zoning, all applications for zoning applications would have to be submitted to the City, and if the City approves the application, then the City's determination becomes final; If the City, however, rejects a zoning action after a public hearing, or approves the action with conditions that are not agreed to by the Stadium, then County would be able to review that action, and WHEREAS, the County would only be able to alter the city's decision by a majority vote of the total membership of the Board of County Commissioners; Otherwise, all zoning actions become final, and Resolution No. 2016-85-2984 Page 2 WHEREAS, to ensure that there is an agreement with respect to zoning regulations that would govern the property, the City and the County will jointly draft and separately adopt an ordinance that will govern the property, and WHEREAS, in addition to the above, the parties intend to enter into an Agreement that resolves the litigation and that will allow the City to purchase fuel from the County at the same wholesale rate as the County as opposed to continuing to pay retail prices; The agreement will further involve the County transferring certain piece parcels of real property, owned by the County to the City for the City's use, and WHEREAS, it is being recommended that the City Council authorize the Mayor, the City Attorney, the City Manager and City Clerk to move forward with whatever steps may be necessary to resolve and finalize this matter, and WHEREAS, the anticipated zoning ordinance and Agreement will come before the City Council for approval and it may be necessary that formal ballot language be approved by the City Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS.- Section OLLOWS:Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby approves the language attached hereto as Exhibit "A" in substantial form to replace Section 9.6 of the City's Charter an authorizes the same to be place on the ballot. The City Council further authorizes the Mayor, City Attorney, City Manager and Resolution No. 2016-85-2984 Page 3 City Clerk to take any and all steps necessary to move forward with resolving the litigation with the County as outlined in this Resolution. Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON APRIL 27, 2016. OLIVER GILBERT, III, MAYOR ATTEST: RONETTA TAYLOR, C, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: MAYOR OLIVER GILBERT, III Moved by: 9-At- Seconded by: r'W tS VOTE: `7,a Mayor Oliver Gilbert, III '� (Yes) (No) Vice Mayor Felicia Robinson ✓ (Yes) (No) Councilwoman Lillie Q. Odom (Yes) (No) Councilman David Williams Jr (Yes) (No) Councilwoman Lisa C. Davis ✓ (Yes) (No) Councilman Rodney Harris —7 (Yes) (No) Councilman Erhabor Ighodaro, Ph.D. ;7 (Yes) (No) Resolution No. 2016-85-2984 Page 4 18605 N W 27`h Avenue,Suite 165 Miami Gardens, Florida 33056 00 / City of Miami Gardens Agenda Cover Memo Council Meeting Date: April 27,2016 Item Type: Resolution Ordinance Other X EnterX in box Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (EnterXin box) Yes No (Enter X in box) X Public Hearing: Yes No Yes No (Enter X in box) X Funding Source: N/A Advertising Requirement: Yes No (Enter Xin box) X Contract/P.O.Required: Yes No RFP/RFQ/Bid #: (Enter Xin box) X Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) specific objective/strategy this item will address) Enhance Organizational p Bus.&Economic Dev Q Public Safety D Quality of Education Qual.of Life&City Image Communcation D Sponsor Name Oliver Gilbert, Department: Office of the Mayor&Council Mayor Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING LANGUAGE IN SUBSTANTIAL FORM TO BE PLACED ON THE BALLOT TO AMEND SECTION 9.6 OF THE CITY OF MIAMI GARDENS' CHARTER; AUTHORIZING THE CITY TO RESOLVE THE PENDING LITIGATION WITH MIAMI DADE COUNTY RELATING TO SECTION 9.6 OF THE CITY'S CHARTER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: The City of Miami Gardens was incorporated on May 13, 2003, and as a condition of incorporation, Miami Dade County included "Special Conditions" in the City's Charter. These "Special Conditions" are outlined in Article IX of the City's Charter, and the City does not have the authority to opt out of these 18605 N W 27`h Avenue,Suite 165 Miami Gardens, Florida 33056 conditions. Section 9.6 of the Charter relates to building and zoning regulations for the "Stadium Properties." The City and Miami Dade County are in disagreement as to the interpretation of Section 9.6. It is the City's position that as of December 31, 2012, all zoning and building jurisdiction vested in the City of Miami Gardens. However, Miami Dade County disagrees with the City's interpretation and asserts that the County continues to maintain both zoning and building jurisdiction over the property at issue regardless of the December 31, 2012 date. The City has attempted to resolve this matter with Miami Dade County, without success, and so on July 2, 2014, the City of Miami Gardens filed a lawsuit against Miami-Dade County relating to Section 9.6 of City of Miami Gardens Charter. In that lawsuit, the City has asked that the Court determine the validity of Section 9.6 of the City's Charter and to interpret this provision. The City and the County have had several meetings mandated by Florida Statutes in an effort to resolve this dispute, and the City, through Mayor Gilbert, has been engaged in negotiations with Miami-Dade County as well as the owners of Dolphin Stadium to attempt to resolve the issues presented in the litigation. The parties have come to an agreement in form, with respect to the litigation, which must be approved by the parties. The first step in the process will involve amending the Section 9.6 such that the current language in Section 9.6 would be stricken and replaced with that language in substantial form as that found on Exhibit "A" attached hereto. In accordance with the proposed language, the City and the County would have joint building and zoning jurisdiction for the properties; as relates to zoning, all applications for zoning applications would have to be submitted to the City, and if the City approves the application, then the City's determination becomes final; If the City, however, rejects a zoning action after a public hearing, or approves the action with conditions that are not agreed to by the Stadium, then County would be able to review that action. The County would only be able to alter the city's decision by a majority vote of the total membership of the Board of County Commissioners; Otherwise, all zoning actions become final. In addition, to ensure that there is an agreement with respect to zoning regulations that would govern the property, the City and the County will jointly draft and separately adopt an ordinance that will govern the property. Moreover, the parties intend to enter into an Agreement that resolves the litigation and that will allow the City to purchase fuel from the County at the same wholesale rate as the County as opposed to continuing to pay retail prices; The agreement will further involve the County transferring certain piece parcels of real property, owned by the County to the City for the City's use. It is being recommended that the City Council authorize the Mayor, the City Attorney, the City Manager and City Clerk to move forward with whatever steps may be necessary to resolve and finalize this matter. The anticipated zoning ordinance and Agreement will come before the City Council for approval and it may be necessary that formal ballot language be approved by the City Council. Proposed Action: That the City Council Approve the attached Resolution. Attachment: Exhibit "A"—Proposed Section 9.6 Language in substantial form. Exhibit "A" Proposed Amended Language for Section 9.6 In recognition of the fact that the properties described in Appendix "C" (hereinafter the "Properties") have significant importance to the economy and well-being of the City and of all Miami-Dade County, the City and Miami-Dade County shall have joint building and zoning jurisdiction for the Properties. The Properties shall be governed by a zoning ordinance that may only be adopted or amended by a majority vote of members present of both the City Council and the Board of County Commissioners. All zoning inquiries and applications for zoning action for the Properties shall be submitted to the City. If the City Council approves an application for zoning action after public hearing, then upon the City's determination becoming final in accordance with the City's rules and regulations, it may only be reviewed by a court of competent jurisdiction. However, if the City Council denies an application for zoning action after public hearing, or approves an application for zoning action after public hearing with conditions that are not agreed to by the applicant, the applicant shall have the right to appeal the City Council's decision to the Board of County Commissioners for its review after public hearing. The Board of County Commissioners may affirm the decision of the City Council, alter the decision of the City Council and approve the application, or alter the decision of the City Council and approve the application with modifications, in each case by a majority vote of the total membership of the Board of County Commissioners, and upon such decision becoming final in accordance with the County's rules and regulations, it may only be reviewed by a court of competent jurisdiction. If the City denies an application for zoning action other than public hearing actions, or approves an application for zoning action other than public hearing actions; with conditions that are not agreed to by the applicant, the applicant shall have the right to appeal that decision first to the City Council, which shall affirm, affirm with conditions, or reverse the decision within 60 days of submittal of the appeal, and then to the Board of County Commissioners in accordance with the above procedures for review of City Council decisions, provided, however, that if the City Council does not issue a decision within 60 days of submittal of the appeal, then the applicant may appeal directly to the Board of County Commissioners in accordance with the procedures governing appeals of administrative actions set out in Chapter 33 of the Code of Miami-Dade County. The City shall preserve, at a minimum, the development and building entitlements, approvals, and rights that exist or are otherwise applicable to the Properties, as of , 2016.