Resolution 2020-31349R E S O L U T IO N NO . 2020-31349
A R E S O L U T IO N O F TH E M A Y O R A N D C IT Y C O M M IS S IO N O F TH E
C ITY O F M IA M I B E A C H , FLO R ID A , C A LLI N G FO R A NO V E M B E R 3,
2020 S P E C IA L EL E C T IO N , FO R TH E P U R P O S E O F SU B M IT T IN G T O
T H E E LE C T O RA TE O F TH E C ITY O F M IA M I B E A C H , FL O R ID A A
BA LLO T Q U E S T IO N A S K IN G W H E T H E R , IF V O T E R S A P P R O V E
C IT Y 'S SA L E TO M A R IN A PA R K R E S ID E N T IA L, LLC O F 0.3 A C R E S O F
PR O P E R T Y A N D A IR R IG H T S O VE R 300-390 A L T O N R O A D FO R TH E
R E S ID E N T IA L C O M P O N E N T O F T H E M A R IN A PA R K P R O JE C T ,
S H A LL TH E C IT Y C O M M IS S IO N US E TH E $55,000,000 IN SA LE
P R O C E E D S , S O L E L Y FO R T H E FO LL O W IN G P U B LI C P U R P O S E S :
R E S ILI E N C Y A N D SU S TA IN A B ILI T Y IN IT IA T IV E S ,
A FFO R D A B L E /W O R K FO R C E /T E A C H E R H O U S IN G , PR O G RA M S TO
B E N E FIT TH E EL D E R LY , O R IN C R E A S IN G C ITY 'S B U D G E T A R Y
R E S E R V E S , IM P A C T E D D U E TO TH E C O VI D -19 PAN D E MI C .
B E IT R E S O LV E D B Y TH E M A Y O R A N D C IT Y C O M M IS S IO N O F TH E C ITY O F
M IA M I B E A C H , A S FO L L O W S :
S E C T IO N 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, November 3, 2020, 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 acceptance of the certification of the results
of said Special Election to be performed by the City Commission. The official returns 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.
SECTION 3.
That the voting precincts in the City of this 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 as determined by the Miami-Dade
County election officials.1
1 Pursuant to City Code Section 38-3(b), "[t]he City Clerk shall further publish, in a newspaper
meeting the requirements set forth in Florida Statutes § 50.031 and on the City's website, the
polling places for the election twice, once in the third week and once in the first week prior to the
week in which the election is to be held."
SECTION 4.
Not fewer than thirty days' notice of the adoption of this Resolution and of its
provisions calling this Special Election shall be given by publication in the Miami Herald,
a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such
publication shall be made in accordance with the provisions of Section 100.342, Florida
Statutes, and Section 38-3 of the Code of the City of Miami Beach.
SECTION 5.
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 NOVEMBER 3, 2020 AT WHICH TIME THERE
SHALL BE SUBMITTED TO THE DUL Y REGISTERED AND QUALIFIED
VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION:
Approval of use of $55,000,000 from sale of City property for Marina
Park Project
If voters approve City's sale to Marina Park Residential, LLC of 0.3 acres of
property and air rights over 300-390 Alton Road for the residential
component of the Marina Park Project, shall the City Commission use the
$55,000,000 in sale proceeds, solely for the following public purposes:
• resiliency and sustainability initiatives,
• affordable/workforce/teacher housing,
• programs to benefit the elderly, or
• increasing City's budgetary reserves, impacted due to the COVID-19
pandemic?
YES
NO
The Notice shall further set forth pertinent information regarding eligibility of
electors to participate in this Election.
2
SECTION 6.
That the official ballot to be used in the Special Election to be held on November
3, 2020, hereby called, shall be in substantially the following form, to-wit:
OFFICIAL BALLOT
Approval of use of $55,000,000 from sale of City property for Marina
Park Project
If voters approve City's sale to Marina Park Residential, LLC of 0.3 acres of
property and air rights over 300-390 Alton Road for the residential
component of the Marina Park Project, shall the City Commission use the
$55,000,000 in sale proceeds, solely for the following public purposes:
• resiliency and sustainability initiatives,
• affordable/workforce/teacher housing,
• programs to benefit the elderly, or
• increasing City's budgetary reserves, impacted due to the COVID-19
pandemic?
YES
NO
SECTION 7.
The form of the ballots to be used in this Special Election and their preparation
shall be in compliance with all statutory requirements relating to the use of mechanical or
other approved voting machines or devices.
SECTION 8.
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. The Miami-Dade
County Supervisor of Elections will register voters for this Special Election until 5:00 p.m.
on Monday, October 5, 2020. All persons eligible to vote at this Special Election must be
registered before the time and date set forth herein or have registered previously, as
3
provided by law. 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 Department. All questions concerning voter registration should be directed to
the Miami-Da de County Elections Departm ent, 2700 N.W . 87" Avenue, Miami, Florida
33172; Telephone: (305) 499-VOTE (8683).
SECTION 9.
That voters participating via a Vote-by-Mail ballot in this 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 such voting. All questions concerning Vote-by-Mail ballots should
be directed to the Miami-Da de County Elections Depar tm ent, 2700 N.W . 87" Avenue,
Miami, Florida 33172; Telephone:(305) 499-VOTE (8683).
SECTION 10.
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 11.
If any section, sentence, clause or phrase of this Resolution or of the ballot
measure set forth above in this Resolution 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 Resolution or ballot measure.
SECTION 12.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this &'f
ATTEST:
cay « Sly
7
, 2020.
4
APPROVED AS TO
FOR M & LAN GUAGE
& FOR EXE CUTION
@2.2ni"
cry Anorew (Q(\ as
NOVEMBER 3, 2020 CITY OF MIAMI BEACH SPECIAL ELECTION:
BALLOT QUESTION
BALLOT QUESTION:
Approval of use of $55,000,000 from sale of City property fo r Marina
Park Project
If voters approve City's sale to Marina Park Residential, LLC of 0.3 acres of
property and air rights over 300-390 Alton Road for the residential
component of the Marina Park Project, shall the City Commission use the
$55,000,000 in sale proceeds, solely for the following public purposes:
• resiliency and sustainability initiatives,
• affordable/workforce/teacher housing,
• programs to benefit the elderly, or
• increasing City's budgetary reserves, impacted due to the COVID-19
pandemic?
YES
NO
5
Resolutions-R7 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, City Attorney
DATE: July 29, 2020
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 3, 2020
SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORI DA A BALLOT
QUESTION ASKING WHETHER, IF VOTERS APPROVE CITY'S SALE TO
MARINA PARK RESIDENTIAL, LLC OF 0.3 ACRES OF PROPERTY AND
AIR RIGHTS OVER 300-390 ALTON ROAD FOR RESIDENTIAL
COMPONENT OF THE MARINA PARK PROJECT, SHALL CITY
COMMISSION USE THE $55,000,000 IN SALE PROCEEDS, SOLELY FOR
THE FOLLOWING PUBLIC PURPOSES: RESILIENCY AND
SUSTAINABILITY INITIATIVES, AFFORDABLE/WORKFORCE/TEACHER
HOUSING, PROGRAMS TO BENEFIT THE ELDERLY, OR INCREASING
CITY'S BUDGETARY RESERVES, IMPACTED DUE TO THE COVID-19
PANDEMIC.
RECOMMENDATION
See attached Commission Memorandum.
Applicable Area
Citywide
ls this a "Residents Right
to Know"" item , pursuant to
City Code Section 2-142
Yes
Legislative Tracking
Office of the City Attorney
Does this item utilize G,O.
Bond Funds7
No
ATTACHMENTS;
Description
Page 1624 of 2461
Commission Memorandum
Resolution
Page 1625 of 2461
•BE A CH
Ciy ol Miami each , 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeacht].go¥
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and Members of the City Commission
Rau±. Aoua, c Atome»y f2?r (9} [ l e·l
July 29, 2020
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 3,
2020 SPECIAL ELECTION. FOR THE PURPOSE OF SUBMITTING TO
THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A
BALLOT QUESTION ASKING WHETHER, IF VOTERS APPROVE
CITY'S SALE TO MARINA PARK RESIDENTIAL, LLC OF 0.3 ACRES OF
PROPERTY AND AIR RIGHTS OVER 300-390 AL TON ROAD FOR
RESIDENTIAL COMPONENT OF THE MARINA PARK PROJECT,
SHALL CITY COMMISSION USE THE $55,000,000 IN SALE
PROCEEDS, SOLELY FOR THE FOLLOWING PUBLIC PURPOSES:
RESILIENCY AND SUSTAINABILITY INITIATIVES,
AFFORDABLE/WORKFORCE/TEACHER HOUSING, PROGRAMS TO
BENEFIT THE ELDERLY, OR INCREASING CITY'S BUDGETARY
RESERVES, IMPACTED DUE TO THE COVID-19 PANDEMIC.
The attached Resolution has been prepared at the request of Commissioners Gongora
and Samuelian.
The attached Resolution calls for a special election to be held on November 3, 2020 for
the purpose of submitting to the electorate of the City the following ballot question:
Approval of use of $55,000,000 from sale of City property for Marina
Park Project
If voters approve City's sale to Marina Park Residential, LLC of 0.3 acres of
property and air rights over 300-390 Alton Road for residential component
of the Marina Park Project, shall City Commission use the $55,000,000 in
sale proceeds, solely for the following public purposes:
• resiliency and sustainability initiatives,
• affordable/workforce/teacher housing,
Page 1626 of 2461
Com mis sio n Memorandum
July 29, 2020
Page 2
• programs to benefit the elder1y, or
• increasing City's budgetary reserves, impacted due to the COVID-19
pandemic?
* * *
The companion agenda items related to the Marina Park Project shall be considered at
the July 29, 2020 City Commission meeting, including (1) a Resolution to approve the
proposed Purchase and Sale Agreement for the subject property, and (2) a Resolution
calling for a special election for the purpose of submitting to the voters a ballot question
regarding approval of the sale of property in accordance with Section 1.03(b)(1) of the
City Charter.
Pursuant to directive of the Miami-Dade County Elections Department, the final City
Commission meeting at which the City Commission may adopt its Resolution placing a
ballot measure on the November 3, 2020 ballot is July 29, 2020. Accor dingly, this matter
is timely presented to the City Commission and adoption of the attached Resolution may
take place at today's meeting.
Page 1627 of 2461