| | | | | | | |  | Resolutions - C7 B
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | April 28, 2023 | | | |
| | SUBJECT: | A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A SPECIAL MAIL BALLOT ELECTION TO BE HELD 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; PROVIDING THAT THE OFFICE OF THE CITY CLERK AND OFFICE OF THE CITY ATTORNEY SHALL CONDUCT SUCH ELECTION; PROVIDING FOR THE FORM OF BALLOT; AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH ELECTION AS REQUIRED BY THE CITY CODE AND STATE LAW. |
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| | | | | | | | RECOMMENDATION
| | Adopt the Resolution which is sponsored by Commissioner Steven Meiner. |
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| | | | | | | | BACKGROUND/HISTORY
| 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.
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 the Steering Committee of 41st Street commercial property owners, for the purpose of establishing a special assessment district, pursuant to Chapter 170, Florida Statutes, to stabilize and improve the 41st 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 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. The resolution also provided for the levy and collection of special assessments, in the amount of $195,246 in the first year, which shall increase by five (5%) percent every two (2) years.
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| | | | | | | | ANALYSIS
| | The attached Resolution calls for a special mail ballot election (the "Election") to be held from June 5, 2023 to June 27, 2023, to determine whether a majority of the affected property owners approve the creation of the District. The Office of the City Clerk shall conduct the Election in accordance with the special mail ballot election procedures developed by the Office of the City Clerk and Office of the City Attorney, which procedures are attached to the Resolution as Exhibit "A." The form of the ballot shall be a paper ballot, upon which each voter will be directed to draw a circle around the appropriate ballot response. The Resolution directs the City Clerk to publish any election notices required by the City Code and Florida Statutes. |
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| | | | | | | | SUPPORTING SURVEY DATA
| | As currently proposed in its Year 1 Budget, the District’s most heavily weighted area of services 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’. |
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| | | | | | | | FINANCIAL INFORMATION
| | There is no direct fiscal impact to be borne at the responsibility of the City through adoption of the Resolution. If the City Commission calls for the Election, to be administered by the Office of the City Clerk, the related costs will be reimbursed entirely by the BID. A detailed summary of the related costs for the Election in the amount of approximately $18,805.48 are attached as an exhibit to the companion resolution authorizing a Memorandum of Understanding with the BID. |
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| | | | | | | | CONCLUSION
| The owners of 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 property owner will, subsequently, have an opportunity to address the City Commission (serving as the Equalizing Board) at a duly noticed public hearing. With commercial property owners voting to assess themselves and invest collectively in services that benefit the district, the BID could serve as an economic funding tool and forge a unified voice among 41st Street stakeholders in their relationship with the City.
The Administration recommends that the City Commission proceed with this step in the creation and establishment of the proposed District by adoption of the Resolution as set forth above.
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| | | | | | | | Applicable Area
| | Middle Beach |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Strategic Connection
| | Prosperity - Revitalize targeted areas and increase investment. |
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| | | | | | | | Legislative Tracking
Economic Development |
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| | | | | | | | Sponsor
Commissioner Steven Meiner |
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