Resolution 2023-32601RESOLUTION NO. 2023-32601
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON
JULY 26, 2023, AT 5:03 P.M., SUBJECT TO THE APPROVAL OF A
MAJORITY OF THE AFFECTED PROPERTY OWNERS IN THE
SPECIAL MAIL BALLOT ELECTION TO BE HELD IN THE CITY OF
MIAMI BEACH FROM JUNE 5, 2023 TO JUNE 27, 2023, TO DETERMINE
WHETHER A MAJORITY OF THE AFFECTED PROPERTY OWNERS
APPROVE THE CREATION OF A SPECIAL ASSESSMENT DISTRICT
TO BE KNOWN AS THE 41ST STREET BUSINESS IMPROVEMENT
DISTRICT; SAID PUBLIC HEARING FOR THE OWNERS OF THE
PROPERTY TO BE ASSESSED OR ANY OTHER INTERESTED
PERSONS TO BE HEARD BY THE MAYOR AND CITY COMMISSION
AS TO THE PROPRIETY AND ADVISABILITY OF MAKING SUCH
IMPROVEMENTS AND PROVIDING SUCH SERVICES (AND FUNDING
THE AFOREMENTIONED WITH SPECIAL ASSESSMENTS ON
PROPERTY), AS TO THE COST THEREOF, AS TO THE MANNER OF
PAYMENT THEREFOR, AND AS TO THE AMOUNT TO BE ASSESSED
AGAINST EACH AFFECTED PROPERTY SO IMPROVED, FOLLOWING
WHICH THE MAYOR AND CITY COMMISSION SHALL MEET AS AN
EQUALIZING BOARD TO HEAR AND CONSIDER ANY AND ALL
COMPLAINTS AS TO THE SPECIAL ASSESSMENTS AND TO ADJUST
AND EQUALIZE THE ASSESSMENTS ON A BASIS OF JUSTICE AND
RIGHT.
WHEREAS, on March 27, 2023, the Mayor and City Commission adopted Resolution
No. 2023-32544, which created, pursuant to Chapter 170, Florida Statutes, and subject to the
approval of a majority of the affected property owners, a special assessment district to be known
as the 41st Street Business Improvement District (the "District"), for a term of ten (10) years, to
stabilize and improve that certain area of the City of Miami Beach herein referred to as the 41st
Street Business Improvement District, which District is generally bounded on the west by Alton
Road, on the east by Indian Creek Canal, and consists of properties abutting West 41st
Street/Arthur Godfrey Road, through promotion, management, marketing, and other similar
services; and which provides for the levy and collection of special assessments, which shall
increase by five (5%) percent every two (2) years; and
WHEREAS, on April 28, 2023, the Mayor and City Commission adopted Resolution No.
2023-32566, which called for a special mail ballot election (the "Election"), to be held from June
5, 2023 to June 27, 2023, to determine whether a majority (50% plus one) of the affected property
owners approve the creation of the District; and
WHEREAS, on June 27, 2023, at 6:00 p.m., the Canvassing Board will tabulate and certify
the results of the Election, after which the Official Election Certification of the Canvassing Board
shall be adopted by Resolution of the Mayor and City Commission; and
WHEREAS, subject to the approval of a majority of the affected property owners in the
Election, pursuant to Chapter 170, Florida Statutes, the City Commission must fix a time and
place at which the owners of the affected property to be assessed or any other interested persons
may appear before the Mayor and City Commission and be heard as to the propriety and
advisability of making such improvements and providing such services (and funding the
aforementioned with special assessments on property), as to the cost thereof, as to the manner
of payment therefor, and as to the amount thereof to be assessed against each affected property
so improved; and
WHEREAS, following the testimony, the Mayor and City Commission shall make a final
decision on whether to levy the special assessments; and
WHEREAS, thereafter, pursuant to Chapter 170, Florida Statutes, the Mayor and City
Commission shall meet as an equalizing board to hear and consider any and all complaints as to
the special assessments and shall adjust and equalize the assessments on a basis of justice and
right.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby set a public hearing on July 26, 2023, at 5:03 p.m., subject to the approval
of a majority of the affected property owners in the special mail ballot election to be held in the
City of Miami Beach from June 5, 2023 to June 27, 2023, to determine whether a majority of the
affected property owners approve the creation of a special assessment district to be known as
the 41s' Street Business Improvement District; said public hearing for the owners of the property
to be assessed or any other interested persons to be heard by the Mayor and City Commission
as to the propriety and advisability of making such improvements and providing such services
(and funding the aforementioned with special assessments on property), as to the cost thereof,
as to the manner of payment therefor, and as to the amount to be assessed against each affected
property so improved, following which the Mayor and City Commission shall meet as an equalizing
board to hear and consider any and all complaints as to the special assessments and to adjust
and equalize the assessments on a basis of justice and right.
PASSED AND ADOPTED this 17
ATTEST:
MAY 2 2 2023
Rafa I E. Granado, City Clerk
day of MQi , 2023.
Dan Gelber, Mayor
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Q�—
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Date
Resolutions - C7 A
MIA/01 BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: May 17, 2023
SUBJECT.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON JULY 26,
2023, AT 5:03 P.M., SUBJECT TO THE APPROVAL OF A MAJORITY OF THE
AFFECTED PROPERTY OWNERS IN THE SPECIAL MAIL BALLOT
ELECTION TO BE IN THE CITY OF MIAMI BEACH FROM JUNE 5,
2023 TO JUNE 27, 2023, TO DETERMINE WHETHER A MAJORITY OF THE
AFFECTED PROPERTY OWNERS APPROVE THE CREATION OF A
SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS THE 41ST STREET
BUSINESS IMPROVEMENT DISTRICT, SAID PUBLIC HEARING FOR THE
OWNERS OF THE PROPERTY TO BE ASSESSED OR ANY OTHER
INTERESTED PERSONS TO BE HEARD BY THE MAYOR AND CITY
COMMISSION AS TO THE PROPRIETY AND ADVISABILITY OF MAKING
SUCH IMPROVEMENTS AND PROVIDING SUCH SERVICES (AND
FUNDING THE AFOREMENTIONED WITH SPECIAL ASSESSMENTS ON
PROPERTY), AS TO THE COST THEREOF, AS TO THE MANNER OF
PAYMENT THEREFOR, AND AS TO THE AMOUNT TO BE ASSESSED
AGAINST EACH AFFECTED PROPERTY SO IMPROVED, FOLLOWING
WHICH THE MAYOR AND CITY COMMISSION SHALL MEET AS AN
EQUALIZING BOARD TO HEAR AND CONSIDER ANY AND ALL
COMPLAINTS AS TO THE SPECIAL ASSESSMENTS AND TO ADJUST
AND EQUALIZE THE ASSESSMENTS ON A BASIS OF JUSTICE AND
RIGHT.
RECOMMENDATION
Adopt the Resolution which is sponsored by Commissioner Steven Meiner.
Chapter 170, Florida Statutes, authorizes any municipality, subject to the approval of a majority
of the affected property owners, to levy and collect special assessments. against property
benefitted for the purpose of stabilizing and improving retail business districts, wholesale
business districts, or nationally recognized historic districts, or any combination of such districts,
through promotion, management, marketing, and other similar services.
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On February 25, 2021, the Mayor's 41 st Street Blue Ribbon Committee passed a motion
requesting the City to conduct an educational and informational public webinar to inform the 41 st
Street community about the benefits of creating a business improvement district (BID). On
March 23, 2021, the City Administration in collaboration with the Office of the City Attorney
conducted the town hall webinar.
On October 26, 2022, the Mayor and City Commission adopted Resolution No. 2022-32348
which, in pertinent part, authorized the Offices of the City Manager and City Attorney to work with
a Steering Committee of 41 st Street commercial property owners, for the purpose of
establishing a special assessment district, pursuant to Chapter 170, Florida Statutes, to stabilize
and improve the 41 st Street retail business district, through promotion, management, marketing,
and other similar services.
On March 27, 2023, the Mayor and City Commission adopted Resolution No. 2023-32544,
which created, pursuant to Chapter 170, Florida Statutes, and subject to the approval of a
majority of the affected property owners, a special assessment district to be known as the 41 st
Street Business Improvement District (the "District'), for a term of ten (10) years, to stabilize
and improve that certain area of the City of Miami Beach herein referred to as the 41 st Street
Business Improvement District, which District is generally bounded on the west by Alton Road,
on the east by Indian Creek Canal, and consists of properties abutting West 41 st Street/Arthur
Godfrey Road, through promotion, management, marketing, and other similar services. The
resolution also provided for the levy and collection of special assessments which shall increase
by five percent (5%) every two (2) years.
On April 28, 2023, the Mayor and City Commission adopted Resolution No. 2023-32566, which
called for a special mail ballot election (the "Election"), to be held from June 5, 2023 to June 27,
2023, to determine whether a majority (50% plus one) of the affected property owners approve
the creation of the District. On June 27, 2023, at 6:00 p.m., a Canvassing Board will tabulate
and certify the results of the Election, after which the Official Election Certification of the
Canvassing Board shall be adopted by Resolution of the Mayor and City Commission.
ANALYSIS
The Resolution sets, subject to the approval of a majority of the affected property owners in the
Election, pursuant to Chapter 170, Florida Statutes, a public hearing on July 26, 2023, at 5:03
p.m., for the owners of the affected property to be assessed or any other interested persons to
be heard by the City Commission as to the propriety and advisability of making such
improvements and providing such services (and funding the aforementioned with special
assessments on property), as to the cost thereof, as to the manner of payment therefor, and as
to the amount to be assessed against each affected property so improved.
Thereafter, pursuant to Chapter 170, Florida Statutes, the Mayor and City Commission shall
meet as an equalizing board to hear and consider any and all complaints as to the special
assessments and to adjust and equalize the assessments on a basis of justice and right.
Following the testimony, the Mayor and City Commission shall make a final decision on whether
to levy the special assessments.
SUPPORTING SURVEY DATA
As currently proposed in its Year 1 Budget, the District's most heavily weighted area of services
Page 248 of 945
focuses on branding and marketing. According to the 2022 City of Miami Beach Community
Survey, when asked what type of support would help advance their business, the highest
number of responses --reflecting some 27.5% of businesses participating in the survey —
selected `support with business marketing, branding, and social media'.
FINANCIAL INFORMATION
No fiscal impact is anticipated.
CONCLUSION
The owners of affected property proposed to be assessed will vote in the Election on whether
to assess themselves, and if a majority of the owners vote to approve the assessments, any
concerned affected property owner will, subsequently, have an opportunity to address the City
Commission (serving as the Equalizing Board) at a duly noticed public hearing.
With affected commercial property owners voting to assess themselves and investing
collectively in services that benefit the district, the District could serve as an economic funding
tool and forge a unified voice among 41 st Street stakeholders in their relationship with the City.
The Administration recommends that the Mayor and City Commission proceed with this
subsequent step in the creation of the District by adoption of the Resolution as set forth above.
Applicable Area
Middle Beach
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
Cif Code Section 2-14?
Yes No
Strategic Connection
Prosperity - Revitalize targeted areas and increase investment.
Legislative Tracking
Economic Development
Sponsor
Sponsored by Commissioner Steven Meiner
ATTACHMENTS:
Description
❑ Resolution
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