94-21269 RESO
RESOLUTION NO. 94-21269
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,
OCTOBER 4, 1994, FOR THE PURPOSE OF SUBMITTING
TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A
QUESTION ASKING IF MIAMI BEACH ACQUIRES STATE
OF FLORIDA WATERFRONT/PARK/RECREATION LOTS
WITHIN BLOCKS BOUNDED BY 7 6TH-79TH STREETS
EAST OF COLLINS AVENUE, AND BOUNDED BY COLLINS
AVENUE AND COLLINS COURT WEST OF NORTH SHORE
OPEN SPACE RECREATIONAL AREA (LEGAL
DESCRIPTION IN CITY CLERK'S OFFICE), MAY MIAMI
BEACH THEN SELL SAID PROPERTIES, REQUIRING
PUBLIC HEARINGS FOR DEVELOPMENT APPROVALS AND
LIMITING USES EAST OF COLLINS AVENUE TO
SINGLE-FAMILY RESIDENCES.
BE IT 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, October 4, 1994 for the purpose of submitting to the
electorate the question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Dade County election officials
shall conduct the said Special Election hereby called, with Dade
County's certification of the results of said Special Election
being accepted 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 and results duly accepted by said appropriate Dade County
Officials.
SECTION 3.
Said voting precincts in the City of said Special Election
shall be as established by the proper and appropriate Dade County
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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 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
register to vote at the City registration office located in the
lobby of City Hall, 1700 Convention Center Drive, Miami Beach,
Florida 33139, each and every Wednesday until August 8, 1994,
between the hours of 9:00 a.m. and 4:30 p.m., and at such other
voter registration centers and during such times as may be provided
by the Supervisor of Elections of Dade County. All questions
concerning voter registration should be directed to the 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.
A legal description of the properties, which are the subject
of this Resolution's ballot question, shall be made available to
the electors at the city of Miami Beach Clerk's Office from 9:00
a.m. to 5:00 p.m. each day, Saturdays, Sundays, and holidays
excepted, not later than thirty days prior to the date of said
election.
SECTION 6.
Not less than thirty days' notice of said Special Election
shall be given by publication in a newspaper of general circulation
in Miami Beach, Dade County, Florida. Such publication shall be
made at least once each week for four consecuti ve weeks next
preceding said Special Election.
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CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. -:S~3-q1
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
OFFICE OF THE CITY MANAGER
FROM:
Mayor Seymour Gelber and
Members of the City Commission
Roger M. Carl nIl. /J 1_
City Manage~
DATE:
July ~7t 1994
TO:
SUBJECT:
A RESOLUTION 011' THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION
TO BE HELD ON TUESDAY, OCTOBER 4, 1994, FOR THE PURPOSE
OF SUBMITTING TO THE ELECTORATE OF THE CITY 011' MIAMI
BEACH A QUESTION ASKING Ill' THE CITY OF MIAMI BEACH BUYS
FROM THE STATE 011' FLORIDA CERTAIN
WATERFRONT/PARK/RECREATION LOTS WITHIN BLOCKS BOUNDED BY
76TH THROUGH 79TH STREETS ON THE EAST SIDE OF COLLINS
AVENUE, AND THOSE STATE-OWNED BLOCKS BOUNDED BY COLLINS
AVENUE AND COLLINS COURT WEST 011' NORTH SHORB OPEN SPACE
RECREATIONAL AREA, MAY MIAMI BEACH TBBN LEASE SAID
PROPERTIES FOR FIVE YEARS OR LONGBR (INCLUDING OPTION
PERIODS) .
ADMINISTRATION RECOMMENDATION
It is recommended that the City Commission approve placing the
acquisition and resale/lease of the Altos Del Mar properties in
order to establish a trust fund to maintain the North Shore Open
Space Park and develop a new entrance to North Beach on the October
4, 1994, ballot.
BACKGROUND
The City of Miami Beach has been working with the State of Florida
for some time in order to re-acquire the North Beach Recreation
Area. A lynch pin provision of that strategy was to acquire 22
lots adjacent to the Altos del Mar Subdivision, resell them, and
utilize the profits from that resale to establish a trust fund for
the improvement and maintenance of the North Shore Open Space Area.
Additionally, the North Shore strategy included the rebuilding of
Collins Avenue as a two-way boulevard grand entrance to the City,
redeveloping the vacant residential lots on the west side of
Collins Avenue into both residential and parking uses and returning
Harding Avenue to a residential street.
In researching the feasibility of the above with both outside
legal counsel, Charles Papy, and the City Attorney, it was
determined that the disposition of the lands requires voter
approval due to their park, recreation, or waterfront nature. 279
AGENDA
ITEM
R-1-1
1-~l-qy
DATE
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The City Attorne!y"s Office has also conferred with Attorney Dan
Paul regarding the applicability of the County's parkland
ordinance. It is his opinion that the County's ordinance which he
helped draft, would not apply in this case if the lots, once
acquired by the City, were then leased long-term to private parties
instead of resold.
Before the City would finalize any agreement for the acquisition of
the 22 Altos Del Mar lots, and certainly before the issue goes on
the ballot, a financial analysis will be undertaken to assure that
the leasing strategy will be a sound financial arrangement for the
City. The remaining lots on the west side of Collins Avenue would
be deeded to the City at no cost and would not be of the same
degree of financial concern due to the ability of the City to sell
these lots, however, a financial analysis would also be done.
CONCLUSION
It is recommended that the City Commission authorize the Mayor to
sign the attached Resolution which would put these ballot questions
on the Fall elections.
RMC: jph
280
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certain waterfront/park/recreation lots within blocks bounded by
76th - 79th streets on the east side of Collins Avenue, and those
state-owned blocks bounded by Collins Avenue and Collins Court West
of North Shore Open Space Recreational Area, whose legal
description includes:
Lots 2, 4, 5, Block 5, Lots 2, 3, 5, 6, Block 6, Lots 1-
6, Block 7, Lots 1-5, Block 10, Lots 1, 2, Block 11, Lots
1, 2, Block 12, Altos Del Mar Subdivision No.1, Plat
Book 31, Page 40, Public Records of Dade County, Florida.
Blocks 17, 19, 20, Corrected Plat of Altos Del Mar No.1,
Plat Book 31, Page 40, Public Records of Dade County,
Florida; Blocks 14, 15, Altos Del Mar Subdivision No.2,
Plat Book 4, Page 162, Public Records of Dade County,
Florida.
Consult with the city Attorney's Office at 673-7470 for
confirmation of the above legal description.
JO/ks
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SECTION 7.
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 4TH DAY OF OCTOBER,
1994, 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 CITY WATERFRONT/PARK/RECREATION PROPERTY FOR
NORTH BEACH MASTER PLAN RESIDENTIAL DEVELOPMENT PROGRAM
IF MIAMI BEACH ACQUIRES STATE OF FLORIDA
WATERFRONT/PARK/RECREATION LOTS WITHIN BLOCKS BOUNDED BY
76TH-79TH STREETS EAST OF COLLINS AVENUE, AND BOUNDED BY
COLLINS AVENUE AND COLLINS COURT WEST OF NORTH SHORE OPEN
SPACE RECREATIONAL AREA (LEGAL DESCRIPTION IN CITY
CLERK'S OFFICE), MAY MIAMI BEACH THEN SELL SAID
PROPERTIES, REQUIRING PUBLIC HEARINGS FOR DEVELOPMENT
APPROVALS AND LIMITING USES EAST OF COLLINS AVENUE TO
SINGLE-FAMILY RESIDENCES?
Yes
No
SECTION 8.
The official ballot to be used in the Special Election to be
held on October 4, 1994, hereby called, shall be in substantially
the following form, to-wit:
OFFICIAL BALLOT
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION, OCTOBER 4, 1994
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 4TH DAY OF OCTOBER,
1994, 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 CITY WATERFRONT/PARK/RECREATION PROPERTY FOR
NORTH BEACH MASTER PLAN RESIDENTIAL DEVELOPMENT PROGRAM
IF MIAMI BEACH ACQUIRES STATE OF FLORIDA
WATERFRONT/PARK/RECREATION LOTS WITHIN BLOCKS BOUNDED BY
76TH-79TH STREETS EAST OF COLLINS AVENUE, AND BOUNDED BY
COLLINS AVENUE AND COLLINS COURT WEST OF NORTH SHORE OPEN
SPACE RECREATIONAL AREA (LEGAL DESCRIPTION IN CITY
CLERK'S OFFICE), MAY MIAMI BEACH THEN SELL SAID
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PROPERTIES, REQUIRING PUBLIC HEARINGS FOR DEVELOPMENT
APPROVALS AND LIMITING USES EAST OF COLLINS AVENUE TO
SINGLE-FAMILY RESIDENCES?
Yes
No
SECTION 9.
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 10.
That the city of Miami Beach shall pay all expenses for
conducting this Special Election and will pay to Dade County or
directly to all persons or firms, upon receipt of invoice or
statement approved by the Supervisor of Elections of Dade County,
Florida.
SECTION 11.
This resolution shall be effective immediately upon its
passage.
PASSED and ADOPTED this
28th
July
, 1994.
ATTEST:
~zc~
CITY CLERK
~ORM APPROVUJ
LEGAL DEPT.
By
30
Date ~
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