| | | | | | | |  | Resolutions - C7 A
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | May 17, 2023 | | | |
| | SUBJECT: | A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON JULY 26, 2023, AT 5:03 P.M., SUBJECT TO THE APPROVAL OF A MAJORITY OF THE AFFECTED PROPERTY OWNERS IN THE SPECIAL MAIL BALLOT ELECTION TO BE HELD IN THE CITY OF MIAMI BEACH 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; SAID PUBLIC HEARING FOR THE OWNERS OF THE PROPERTY TO BE ASSESSED OR ANY OTHER INTERESTED PERSONS TO BE HEARD BY THE MAYOR AND CITY COMMISSION AS TO THE PROPRIETY AND ADVISABILITY OF MAKING SUCH IMPROVEMENTS AND PROVIDING SUCH SERVICES (AND FUNDING THE AFOREMENTIONED WITH SPECIAL ASSESSMENTS ON PROPERTY), AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT TO BE ASSESSED AGAINST EACH AFFECTED PROPERTY SO IMPROVED, FOLLOWING WHICH THE MAYOR AND CITY COMMISSION SHALL MEET AS AN EQUALIZING BOARD TO HEAR AND CONSIDER ANY AND ALL COMPLAINTS AS TO THE SPECIAL ASSESSMENTS AND TO ADJUST AND EQUALIZE THE ASSESSMENTS ON A BASIS OF JUSTICE AND RIGHT. |
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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 February 25, 2021, the Mayor’s 41st Street Blue Ribbon Committee passed a motion requesting the City to conduct an educational and informational public webinar to inform the 41st Street community about the benefits of creating a business improvement district (BID). On March 23, 2021, the City Administration in collaboration with the Office of the City Attorney conducted the town hall webinar.
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 a 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 which shall increase by five percent (5%) every two (2) years.
On April 28, 2023, the Mayor and City Commission adopted Resolution No. 2023-32566, which called for a special mail ballot election (the "Election"), to be held from June 5, 2023 to June 27, 2023, to determine whether a majority (50% plus one) of the affected property owners approve the creation of the District. On June 27, 2023, at 6:00 p.m., a Canvassing Board will tabulate and certify the results of the Election, after which the Official Election Certification of the Canvassing Board shall be adopted by Resolution of the Mayor and City Commission.
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| | | | | | | | ANALYSIS
| The Resolution sets, subject to the approval of a majority of the affected property owners in the Election, pursuant to Chapter 170, Florida Statutes, a public hearing on July 26, 2023, at 5:03 p.m., for the owners of the affected property to be assessed or any other interested persons to be heard by the City Commission as to the propriety and advisability of making such improvements and providing such services (and funding the aforementioned with special assessments on property), as to the cost thereof, as to the manner of payment therefor, and as to the amount to be assessed against each affected property so improved.
Thereafter, pursuant to Chapter 170, Florida Statutes, the Mayor and City Commission shall meet as an equalizing board to hear and consider any and all complaints as to the special assessments and to adjust and equalize the assessments on a basis of justice and right. Following the testimony, the Mayor and City Commission shall make a final decision on whether to levy the special assessments.
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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
| | No fiscal impact is anticipated. |
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| | | | | | | | CONCLUSION
| The owners of affected 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 affected property owner will, subsequently, have an opportunity to address the City Commission (serving as the Equalizing Board) at a duly noticed public hearing.
With affected commercial property owners voting to assess themselves and investing collectively in services that benefit the district, the District 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 Mayor and City Commission proceed with this subsequent step in the creation of the 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
Sponsored by Commissioner Steven Meiner |
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