2003-25440 ResoRESOLUTION NO. 2003-25440
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 THE CITY OF MIAMI
BEACH SHALL SELL WATERFRONT PROPERTY LOCATED AT 2620
BIARRITZ DRIVE IN MIAMI BEACH, FLORIDA (SURVEY AND LEGAL
DESCRIPTION OF PROPERTY ON FILE IN CITY'S PUBLIC WORKS
DEPARTMENT), WITH THE SALE PROCEEDS TO BE UTILIZED FOR
RENOVATION OF THE CITY'S NORMANDY SHORES GOLF COURSE.
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 rettmas 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 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. 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:
SALE OF 2620 BIARRITZ DRIVE
SHALL THE CITY OF MIAMI BEACH SELL WATERFRONT PROPERTY
LOCATED AT 2620 BIARRITZ DRIVE IN MIAMI BEACH, FLORIDA
(SURVEY AND LEGAL DESCRIPTION OF PROPERTY ON FILE IN
CITY'S PUBLIC WORKS DEPARTMENT) ~, WITH THE SALE PROCEEDS
Also attached hereto as Exh±b±t "A".
TO BE UTILIZED FOR THE CITY'S RENOVATION OF THE NORMANDY
SHORES GOLF COURSE?
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:
SALE OF 2620 BIARRITZ DRIVE
SHALL THE CITY OF MIAMI BEACH SELL WATERFRONT PROPERTY
LOCATED AT 2620 BIARRITZ DRIVE IN MIAMI BEACH, FLORIDA
(SURVEY AND LEGAL DESCRIPTION OF PROPERTY ON FILE IN
CITY'S PUBLIC WORKS DEPARTMENT), WITH THE SALE PROCEEDS
TO BE UTILIZED FOR THE CITY'S RENOVATION OF THE NORMANDY
SHORES GOLF COURSE?
YES
NO
SECTION 8.
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 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
ATTEST:
CITY CLERK
JKO/ED
F 5atto~$ALLXLAILA'~eso,sale of city-owned property, doc
10th day of ~1~ci~2003.
~MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
IA resolution approving the submission of a ballot question to the electorate, asking whether a vacant
park/waterfront lot at 2620 Biarritz Drive shall be sold and the proceeds applied to the renovation of the
Normandy Shores Golf Course.
Issue:
Shall a question be submitted to the voters allowing the City to sell a vacant parcel of property and apply
the proceeds to the renovation of Normandy Shores Golf Course?
Item Summary/Recommendation:
The preferred design for the Normandy Shores Golf Course that meets the intent of the commitment made
to the community for a quality resident golf course, requires additional funding to proceed. One source of
funds that is available is the use of proceeds from the sale of a vacant City owned parcel on Biscayne Bay
and across Biarritz Drive from the golf course. The sale of the unused parcel has been supported by
representatives of the Normandy Shores Home Owners Association. Sale of the parcel will require
approval of the voters in an election and adherence to the provisions of the Shapiro Ordinance that governs
the conditions and process in which public lands can be sold.
Advisory Board Recommendation:
The issue was discussed at the November 20, 2003, Finance and City Wide Committee and recommended
to the Commission.
Financial Information:
City Clerk's Office Legislative Tracking:
IR. Middaugh
n-Offs:
T:~AGENDA~003\decl003\mgular~Normandy lot sale cover, doc
AGENDA ITEM
DATE
CITY OF MIAMI BEACH'
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 · ~
www,miamibeachfl.gov
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: December 10, 2003
From:
Subject:
Jorge M. Gonzalez 1
City Manager
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 THE CITY OF MIAMI BEACH SHALL
SELL PARK/WATERFRONT PROPERTY LOCATED AT 2620 BIARRITZ
DRIVE IN MIAMI BEACH, FLORIDA (SURVEY AND LEGAL DESCRIPTION
OF PROPERTY ON FILE IN THE CITY'S PUBLIC WORKS
DEPARTMENT), WITH THE SALE PROCEEDS TO BE UTILIZED FOR
RENOVATION OF THE CITY'S NORMANDY SHORES GOLF COURSE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution which approves a ballot question for submission to the voters
approving the sale of a city owned lot on Normandy Shores and devoting the proceeds of
the sale to the renovation of the Normandy Golf Course.
ANALYSIS
The Stormwater Master Plan identified the Normandy Shores Neighborhood as a pdority
drainage basin and Stormwater Bond funding was provided for the correction of drainage
issues associated with the neighborhood.
During the course of the stormwater design for the Normandy Shores Neighborhood, the
design solution required that the golf course and surrounding neighborhood drainage be
separated. The golf course because of its large green area and the runoff into the
neighborhood was in large part a significant cause of the Normandy Shore drainage
issues. As the design for the neighborhood stormwater improvements and the required
golf course drainage improvements proceeded, it became apparent that the installation of
deep injection wells was a requirement both for the permitting agencies and the
appropriate design solution for the golf course. This design and permitting requirement
added an expense to the overall anticipated costs of the golf course drainage.
While the design solution for the Normandy Shores Neighborhood and the Normandy Golf
Course can be accomplished with the construction of the deep injection wells, without
further improvements to the golf course, the play ability and use of the golf course is
potentially affected.
Several design scenarios have been created by the Capital Improvement Office which has
ranged from simply completing a minimal renovation to the golf course and the deep
injection wells to a more full development that would provide the same water saving grass
strain as at the Miami Beach Golf Club, fill and contouring of the course and cart paths
throughout.
The more complete redevelopment of the Normandy Golf Course increases the renovation
costs and also exceeds the available budget by approximately $2 million dollars; however,
this level of improvement is consistent with the City's previous commitment to the
community to provide a quality resident golf course following the construction and
renovation of the Miami Beach Golf Club.
The development options and the added costs were reviewed by the Finance and Citywide
Projects Committee at their meeting on Thursday, November 20, 2003. The committee
concurred with the Administration's recommendation to pursue the more full development
option of the golf course and to find a method to secure the additional funds necessary to
complete this level of improvement.
One source of funding that was discussed in the Finance & Citywide Projects Committee
meeting was the sale of a City owned piece of property in the Normandy Shores
Neighborhood and devoting the proceeds of the sale of that lot to the renovation of the golf
course. The lot in question is on Biscayne Bay opposite the Normandy Shores Golf
Course Clubhouse and is approximately 12,795 square feet in size. The lot is currently
vacant and unused (Map attached).
Representatives of the Normandy Shores Homeowners Association were present during
the Finance & Citywide Projects Committee discussion on this item and volunteered their
support for the idea of selling the property and applying the proceeds to the golf course
renovation.
In order to proceed with the sale of the property, the City Commission must place a ballot
question before the voters in substantially the form as presented in the attached
Resolution. If the Commission desires to proceed with this item, the matter can be
presented to our voters at the March 2004 election.
In the event that the ballot question is approved by the voters, the City of Miami Beach
shall comply with Ordinance 92-2783 (aka Shapiro Ordinance) adopted by the City
Commission on June 17, 1992, and codified in the City Code as Article II, entitled "Sale or
Lease of Public Property", more specifically with Sections 82-37 through 82-39, which
require the following:
1) Public Hearing.
Section 82-37 of the Miami Beach City Code requires that the City Commission
hold a public hearing, advertised not less than 15 days prior to the hearing, in
order to obtain citizen input into any proposed sale and/or lease.
2) Planning Department Analysis.
Section 82-38 of the Miami Beach City Code requires that the Planning
Department prepare an analysis in o{der for the City Commission and the public to
be fully apprised of all conditions relating to the proposed sale of the property.
3) Advertised Public Bidding Process and Appraisal.
Section 82-39 states that there shall be no sale of City property unless there has
been an advertised public bidding process and an independent appraisal of the
fair market value of the property.
(Note: In regard to any sale of City property, the conditions of only this section
may be waived upon a five-sevenths vote of the city commission upon a finding by
the City Commission that the public interest would be served by waiving such
conditions of bidding and/or appraisal for the disposition of the property.
JMG\RCM\sam
F:\crngr~$ALL\BOB~normandylotsalecomemo.doc
Attachments