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Resolution 2021-31901RESOLUTION NO. 2021-31901 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE. CITY OF MIAMI BEACH, FLORIDA, DESIGNATING THE CITY -OWNED PROPERTY IN SUNSET ISLAND 11, LOCATED BETWEEN 25TH STREET TO 27TH STREET ALONG SUNSET DRIVE (FOLIO NO. 02- 3228-001-1280), AS A NEIGHBORHOOD PARK, TO BE USED FOR PASSIVE RECREATIONAL USE AND OPEN GREENSPACE PURPOSES. WHEREAS, the City of Miami Beach (the "City") is the owner of the property in Sunset Island II, located between 25th Street to 27th Street along Sunset Drive (Folio No. 02-3228-001-1280) (hereinafter, the "Property"); and WHEREAS, generally, the vacant Property, which is beautifully landscaped, provides much-needed greenspace in Sunset Island II, and is used by residents fior passive recreational activities such as dog walking, running/jogging and other light outdoor recreational activities; and WHEREAS, the Mayor and City Commission wish to designate the Property as a Neighborhood Park, to be used for passive recreational use and open space purposes; and WHEREAS, once officially designated as a Neighborhood Park, the use of the Parcels will be restricted for recreational purposes, and any sale thereof would require a Citywide voter referendum pursuant to Section 1.03(b)(1) of the City Charter, which requires disposition of any City -owned park or recreation property to be approved by a majority of the voters voting in a Citywide referendum; and WHEREAS, by designating the parcels as a Neighborhood Park, the use of the Parcels for park purposes would be further protected by Section 7.02 of the Miami -Dade County Charter, which provides that no neighborhood park may be disposed of unless a majority of the residents residing in voting precincts within 1 mile of the park authorize such disposition by majority vote in an election; and WHEREAS, as the City Charter and County Charter provisions applicable to neighborhood parks are limited to restrictions on the sale or lease of property, the designation of the property as a neighborhood park would not preclude or restrict the City from implementing any necessary utility improvements on the property in the future, in the best interest of the City and its residents; and WHEREAS, this Resolution, sponsored by Commissioner David Richardson, will ensure that the Property will continue to be used for the benefit of residents as green space and open recreational space. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby designate the City -owned property in Sunset Island II, located between 25th Street to 27th Street along Sunset Drive (Folio No. 02-3228-001-1280), as a Neighborhood Park, to be used for passive recreational use and open greenspace purposes. PASSED AND ADOPTED this 13 ATTE OCT 1 5 2021 Rafael E. Granado, City Clerk day of DL ✓ 2021. Dan Gelber, Mayor Sponsored by Commissioner David Richardson APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney ��/ Qate Resolutions - R7 I MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael Paz, Acting City Attorney DATE: October 13, 2021 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DESIGNATING THE CITY -OWNED PROPERTY IN SUNSET ISLAND II, LOCATED BETWEEN 25TH STREET TO 27TH STREET ALONG SUNSET DRIVE (FOLIO NO. 02-3228-001-1280), AS A NEIGHBORHOOD PARK, TO BE USED FOR PASSIVE RECREATIONAL USE AND OPEN GREENSPACE PURPOSES. ANALYSIS The attached Resolution was prepared at the request of Commissioner Richardson. At the July 28, 2021 City Commission meeting, the Mayor and City Commission rejected any proposal to list for sale the City -owned vacant greenspace lots located along Sunset Drive, between 25th Street and 27th Street. The proposed Resolution would designate the property as a Neighborhood Park, ensuring that the property could only be used for park and recreation purposes, and could not be subsequently sold, without voter referendum approval. SUPPORTING SURVEY DATA N/A Is this a 'Residents RIM to Know" item.pursuant to Citv Code Section 2-14? ire Legislative Tracking Office of the City Attomey Does this item utilize G.O. Bond Funds? No Sponsor Commissioner David Richardson and Co-sponsored by Commissioner Michael Gongora ATTACHMENTS: Description Page 718 of 1095 Resolution Page 719 of 1095