Resolution 2022-32243 2022-32243 "
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 8,
2022 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE
OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI
BEACH A QUESTION ASKING WHETHER CITY SHOULD LEASE
_ PARKING LOTS AT 1688 LENOX AVENUE (.86 ACRES) AND 1080
LINCOLN LANE NORTH (1.10 ACRES) TO LINCOLN ROAD PROPERTY
OWNER, LP, FOR 99 YEARS, REQUIRING, PER RESOLUTION 2022-
32242: ADDITIONAL PARKING AND REPLACEMENT OF ALL
EXISTING PUBLIC PARKING; 0.79 ACRES OF LANDSCAPED PUBLIC
SPACE; 2 CLASS-A OFFICE/RETAIL BUILDINGS, RESTRICTED TO
HEIGHT OF 100 FEET; MINIMUM GUARANTEED RENT TO CITY
$210,088,941 (BOTH LEASES), PLUS OTHER REVENUES; AND NO
CITY FUNDING.
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, November 8, 2022, 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 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 as determined by the
Miami-Dade County Election Officials.'
SECTION 4.
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 THE 8th DAY OF NOVEMBER, 2022,AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
1 Pursuant to City Code section 38-3(b): "The City Clerk shall further publish, in a
newspaper meeting the requirements set forth in Florida Statute § 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."
2
City Charter Approval: Lease of City Property
at 1080 Lincoln Lane North/1688 Lenox Avenue
Should City lease parking lots at 1688 Lenox Avenue (.86 acres) and 1080 Lincoln Lane
North (1.10 acres) to Lincoln Road Property Owner, LP, for 99 years, requiring, per
Resolution 2022-32242:
• additional parking and replacement of all existing public parking,
• 0.79 acres of landscaped public space,
• 2 Class-A office/retail buildings, restricted to height of 100 feet,
• minimum guaranteed rent to City $210,088,941 (both leases), plus other
revenues, and
• no City funding?
Yes
No
Said Notice shall further set forth pertinent information regarding eligibility of
electors to participate in said elections.
SECTION 6.
That the official ballot to be used in the Special Election to be held on November
8, 2022, hereby called, shall be in substantially the following form, to-wit:
"OFFICIAL BALLOT"
City Charter Approval: Lease of City Property
at 1080 Lincoln Lane North/1688 Lenox Avenue
Should City lease parking lots at 1688 Lenox Avenue (.86 acres) and 1080 Lincoln Lane
North (1.10 acres) to Lincoln Road Property Owner, LP, for 99 years, requiring, per
Resolution 2022-32242:
• additional parking and replacement of all existing public parking,
• 0.79 acres of landscaped public space,
• 2 Class-A office/retail buildings, restricted to height of 100 feet,
3
• minimum guaranteed rent to City $210,088,941 (both leases), plus other
revenues, and
• no City funding?
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 and Runoff Elections 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 the Special Election until 5:00
p.m. on Tuesday, October 11, 2022. All persons eligible to vote at the Elections must be
registered before the times and dates set forth herein or have registered previously, as
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-Dade County Elections Department, 2700 N.W. 87th Avenue, Miami, Florida
33172; Telephone:(305) 499-VOTE (8683).
4
SECTION 9.
That voters participating via a Vote-by-Mail ballot 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 such voting. All questions concerning Vote-by-Mail ballots should
be directed to the Miami-Dade County Elections Department, 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.
That if the proposal provided for in Sections 5 and 6 above shall be approved by a
majority of the qualified electors of the City voting on the subject proposal, it shall be
considered adopted and effective upon the City Commission's acceptance of certification
of final election results.
SECTION 12.
If any section, sentence, clause or phrase of this Resolution or of the ballot
measure set forth herein 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.
5
SECTION 13.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this o?O day of Jed , 2022.
ATTEST:
DAN GELBER, MAYOR
7�ZI�Z°Zz
RAFAEL E. GRANADO, CITY CLERK
APPROVED AS TO
(Sponsored by Commissioner Ricky Arriola) FORM&LANGUAGE
&FOR EXECUTION
'��P 8g:'a, City Attorney OJ p\.ZDate
INCORPORATED)
6
BALLOT QUESTION
NOVEMBER 8, 2022 SPECIAL ELECTION
I. BALLOT QUESTION:
City Charter Approval: Lease of City Property
at 1080 Lincoln Lane North/1688 Lenox Avenue
Should City lease parking lots at 1688 Lenox Avenue (.86 acres) and 1080 Lincoln Lane
North (1.10 acres) to Lincoln Road Property Owner, LP, for 99 years, requiring, per
Resolution 2022-32242:
• additional parking and replacement of all existing public parking,
• 0.79 acres of landscaped public space,
• 2 Class-A office/retail buildings, restricted to height of 100 feet,
• minimum guaranteed rent to City $210,088,941 (both leases), plus other
revenues, and
• no City funding?
Yes
No
7
Resolutions -R7 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, CityAttomey
DATE: July 20, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CALLING FOR A NOVEMBER 8, 2022 CITY
OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A
QUESTION ASKING WHETHER CITY SHOULD LEASE PARKING LOTS AT
1688 LENOX AVENUE (.86 ACRES)AND 1080 LINCOLN LANE NORTH (1.10
ACRES) TO LINCOLN ROAD PROPERTY OWNER, LP, FOR 99 YEARS,
REQUIRING, PER RESOLUTION 2022- : ADDITIONAL PARKING
AND REPLACEMENT OF ALL EXISTING PUBLIC PARKING; 0.79 ACRES
OF LANDSCAPED PUBLIC SPACE; 2 CLASS-A OFFICE/RETAIL
BUILDINGS, RESTRICTED TO HEIGHT OF 100 FEET; MINIMUM
GUARANTEED RENT TO CITY $210,088,941 (BOTH LEASES), PLUS
OTHER REVENUES;AND NO CITY FUNDING.
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
See attached Commission Memorandum.
Is this a"Residents Right Does this item utilize G.O.
to Know" item,pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Ricky Arriola
Page 819 of 1502
ATTACHMENTS:
Description
❑ Commission Memorandum
❑ Resolution
Page 820 of 1502
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
City Manager Alina T. Hudak
FROM: Rafael A. Paz, City Attorney
DATE: July 20, 2022
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 8,
2022 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE
OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI
BEACH A QUESTION ASKING WHETHER CITY SHOULD LEASE
PARKING LOTS AT 1688 LENOX AVENUE (.86 ACRES) AND 1080
LINCOLN LANE NORTH (1.10 ACRES)TO LINCOLN ROAD PROPERTY
OWNER, LP, FOR 99 YEARS, REQUIRING, PER RESOLUTION 2022-
: ADDITIONAL PARKING AND REPLACEMENT OF ALL
EXISTING PUBLIC PARKING; 0.79 ACRES OF LANDSCAPED PUBLIC
SPACE; 2 CLASS-A OFFICE/RETAIL BUILDINGS, RESTRICTED TO
HEIGHT OF 100 FEET; MINIMUM GUARANTEED RENT TO CITY
$210,088,941' (BOTH LEASES), PLUS OTHER REVENUES; AND NO
CITY FUNDING.
At the request of Commissioner Arriola, the sponsor of this item, the attached Resolution
has been prepared calling for a City of Miami Beach Special Election to be held on
November 8, 2022 for the purpose of submitting to the City's voters the following question
pursuant to Section 1.03(b)(2) of the City Charter:
City Charter Approval: Lease of City Property
at 1080 Lincoln Lane North/1688 Lenox Avenue
Should City lease parking lots at 1688 Lenox Avenue (.86 acres) and 1080 Lincoln
Lane North (1.10 acres) to Lincoln Road Property Owner, LP, for 99 years,
requiring, per Resolution 2022-
• additional parking and replacement of all existing public parking,
• 0.79 acres of landscaped public space,
• 2 Class-A office/retail buildings, restricted to height of 100 feet,
• minimum guaranteed rent to City $210,088,941 (both leases), plus other
revenues, and
• no City funding?
Page 821 of 1502
Commission Memorandum - Lease City Property, 1080 Lincoln Lane North/1688 Lenox Avenue
July 20, 2022
Page 2 e
Section 1.03(b)(2) of the City Charter provides that a lease of ten years or longer of
certain specified City-owned properties shall require approval by a majority vote of the
voters in a City-wide referendum, including the Lincoln Road Parking Lots, defined as
"all City-owned surface parking lots in the vicinity of Lincoln Road located within the
area bounded by 17th Street on the North, Euclid Avenue on the East, 16th Street on
the South, and West Avenue on the West."
The lease of the parking lots at 1080 Lincoln Lane North and 1688 Lenox Avenue are
subject to the referendum requirement of Section 1.03(b)(2) of the City Charter. The
proposed Leases are the subject of the companion agenda item being considered at the
July 20, 2022 City Commission meeting, along with a Development Agreement governing
the two properties.
The Miami-Dade County Elections Department has informed the City Clerk that the City's
Resolution calling a November 8, 2022 Special Election must be provided to the County
Elections Department by July 29, 2022. Accordingly, it should be noted that the proposed
measure may be considered by the City Commission either at the July 20, 2022 City
Commission meeting or, at the latest, the Special Meeting scheduled for July 25, 2022.
FISCAL IMPACT STATEMENT
FINANCIAL INFORMATION
The Miami-Dade County Elections Department has provided the City Clerk with an
estimate of approximately $28,559.85 (Cost Estimate for One Page Ballot) and
$56,217.70 (Cost Estimate in the Scenario Multiple Questions Triggers an Additional
Page) to conduct the November 8, 2022 Special Election, which includes the costs
associated with 14 days of Early Voting. (See Department of Election Estimates.)
Additionally, the City will incur approximately $42,000 in legally mandated
advertisements, required by the Florida Statutes and the City Code, to notice this Special
Election.
Amount(s)/Account(s):
$28,559.85 - Estimate 1-page ballot (Scenario 1)
$56,217.70 - Estimate 2-page ballot (Scenario 2)
$42,000.00 - Estimate of Legally Mandated Advertisements for Special Election
(Charter Amendments/Ballot Questions)
Maximum Estimated Amount: $98,217.70
Account: 011-9322-000312-90-400-592-00-00-00
RAP/ag
Page 822 of 1502
ESTIMATE
City of Miami Beach -Piggyback Election -November 8, 2022
Rafael E.Granado,City Clerk Estimate N°: MBEACH(2).PB-11082022
City of Miami Beach Estimate Date: June 21,2022
1700 Convention Center Dr.,#200
Miami Beach,FL 33139
Registered Voters: 50,287 Early Voting Days:
Precincts: 29 Early Voting Sites:
Polling Places: 24
Permanent Absentee Ballots: 14,792
Personnel $Salaries&Fringe Benefits,Overtime,Poll Workers
Polling Places
Security,Polling Place Rentals
Supplies and Services
Election Supplies,Communication Charges,Absentee Ballots Set Up
Trucks and Vehicles
Truck Rentals,GSA Vehicles
Printing and Advertising 25,143.50
Absentee,Early Voting&Precinct Ballots,Temporary Polling Place Change Notices,Newspaper Ads
Postage •
Absentee Ballots Sent and Business Reply,Temporary Polling Place Change Notices,Letters
Ballot Creation 820.00
In-Nouse&Outside Contractual Services,Translations-Based on one question
Administrative Overhead 2,596.35
Indirect Costs,Logic&Accuracy,Post-Election Audits
"TOTAL S 28.559.85
Please note these costs are estimates and are subject to change. This estimate
does include the cost of ballot printing; however, if your questions)/race(s)
creates an additional ballot pace, the cost will be adjusted accordingly.
For more information,you may contact:
Raimundo Delgado
Manager,Budget and Finance
Miami-Dade Elections Department
2700 NW 87 Avenue
Miami,Florida 33172
Office:305-499-8424 E-mail:rimundo.delgado@miamidade.gov
Page 823 of 1502
ESTIMATE
City of Miami Beach -Piggyback Election -November 8, 2022 w/additional page
Rafael E.Granado,City Clerk Estimate N°: MB-(2)-PB-110822
City of Miami Beach Estimate Date: June 17,2022
1700 Convention Center Dr.,#200
Miami Beach,FL 33139
Registered Voters: 50,287 Early Voting Days:
Precincts: 29 Early Voting Sites:
Polling Places: 24
Permanent Absentee Ballots: 14,792 •
Personnel $Salaries&Fringe Benefits,Overtime,Poll Workers
Polling Places
Security,Polling Place Rentals
Supplies and Services
Election Supplies,Communication Charges,Absentee Ballots Set Up
Trucks and Vehicles
Truck Rentals,GSA Vehicles
Printing and Advertising 50,287.00
Absentee,Early Voting&Precinct Ballots,Temporary Polling Place Change Notices,Newspaper Ads
Postage
Absentee Ballots Sent and Business Reply,Temporary Polling Place Change Notices,Letters
Ballot Creation 820.00
In-House&Outside Contractual.Services,Translations-Based on one question
Administrative Overhead 5,110.70
Indirect Costs,Logic&Accuracy,Post-Election Audits
'TOTAL $ 56.217.70
Please note these costs are estimates and are subject to change. This estimate
does include the cost of ballot printing; however, if your questions)/race(s)
creates an additional ballot pace.,the cost will be adjusted accordingly.
For more information,you may contact:
Raimundo Delgado
Manager,Budget and Finance
Miami-Dade Elections Department
2700 NW 87 Avenue
Miami,Florida 33172
Office:305-499-8424 E-mail:raimundo.delgadotmiamidade.gov
Page 824 of 1502